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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2016 - onwards
Version 3 of 3

Regulation 105 Supervisory approval of ancillary own funds

(1) The amounts of ancillary own-fund items to be taken into account when determining own funds shall be subject to prior approval by the Bank.

(2) The amount ascribed to each ancillary own-fund item shall reflect the loss absorbency of the item and shall be based upon prudent and realistic assumptions and, where an ancillary own-fund item has a fixed nominal value, the amount of that item shall be equal to its nominal value, where it appropriately reflects its loss absorbency.

(3) The Bank shall approve either of the following:

(a) a monetary amount for each ancillary own-fund item;

(b) a method by which to determine the amount of each ancillary ownfund item, in which case approval by the Bank of the amount determined in accordance with that method shall be granted for a specified period of time.

(4) The Bank shall base its approval for each ancillary own-fund item on an assessment of the following:

(a) the status of the counterparties concerned, in relation to their ability and willingness to pay;

(b) the recoverability of the funds, taking account of the legal form of the item, as well as any conditions which would prevent the item from being successfully paid in or called up;