CA-2.4 CA-2.4 Regulatory Adjustments (Solo and Consolidated)
CA-2.4.1
This section sets out the regulatory adjustments to be applied to Regulatory Capital. There are four stages of adjustments for CET1. In most cases these adjustments are applied in the calculation of CET1. The first set of adjustments is applied in Paragraphs CA-2.4.2 to CA-2.4.15. A subtotal for CET1 is obtained (this can be called CET1a). A second regulatory adjustment described in Paragraphs CA-2.4.16 to CA-2.4.19 is then applied to CET1a (this adjustment results in CET1b). A third regulatory adjustment described in Paragraphs CA-2.4.20 to CA-2.4.21 is then applied to CET1b (this adjustment results in CET1c). Then a final regulatory adjustment described in Paragraph CA-2.4.23 is then applied to CET1c (this adjustment results in CET1d). This is the amount of CET1 that can be used for the calculation of the CAR and determining all other applicable caps on T1 and T2. An example of the effects of the regulatory deductions is given in Appendix CA-22.
January 2015Goodwill and Other Intangibles (Except Mortgage Servicing Rights)
CA-2.4.2
Goodwill must be deducted in the calculation of CET1, including any goodwill included in the valuation of significant investments in the capital of banking, financial and insurance entities that are outside the scope of regulatory consolidation. The full amount is to be deducted net of any associated deferred tax liability which would be extinguished if the goodwill becomes impaired or derecognised under IFRS. The amount to be deducted in respect of mortgage servicing rights is set out in Paragraph CA-2.4.23A. Intangible assets other than goodwill and mortgage service rights are subject to transitional arrangements and are phased out as regulatory adjustments as outlined in Subparagraph CA-B.2.1(d).
Amended: April 2015
January 2015CA-2.4.3
Conventional bank licensee s must use the IFRS definition of intangible assets to determine which assets are classified as intangible and are thus required to be deducted.January 2015Deferred Tax Assets
CA-2.4.4
Deferred tax assets (DTAs) that rely on future profitability of the
conventional bank licensee to be realised are to be deducted in the calculation of CET1. Deferred tax assets may be netted with associated deferred tax liabilities (DTLs) only if the DTAs and DTLs relate to taxes levied by the same taxation authority and offsetting is permitted by the relevant taxation authority. Where these DTAs relate to temporary differences (e.g. allowance for credit losses) the amount to be deducted is set out in Paragraph CA-2.4.23. All other such assets, e.g. those relating to operating losses, such as the carry forward of unused tax losses, or unused tax credits, are to be deducted in full net of deferred tax liabilities as described above. The DTLs permitted to be netted against DTAs must exclude amounts that have been netted against the deduction of goodwill, intangibles and defined benefit pension assets, and must be allocated on a pro rata basis between DTAs subject to the threshold deduction treatment and DTAs that are to be deducted in full.January 2015CA-2.4.5
An over instalment of tax or, in some jurisdictions, current year tax losses carried back to prior years may give rise to a claim or receivable from the government or local tax authority. Such amounts are typically classified as current tax assets for accounting purposes. The recovery of such a claim or receivable would not rely on the future profitability of the
conventional bank licensee and must be assigned the relevant sovereign risk weighting.January 2015Cash Flow Hedge Reserve
CA-2.4.6
The amount of the cash flow hedge reserve that relates to the hedging of items that are not fair valued on the balance sheet (including projected cash flows) must be derecognised in the calculation of CET1. This means that positive amounts must be deducted and negative amounts must be added back.
January 2015CA-2.4.7
This treatment specifically identifies the element of the cash flow hedge reserve that is to be derecognised for prudential purposes. It removes the element that gives rise to artificial volatility in common equity, as in this case the reserve only reflects one half of the picture (the fair value of the derivative, but not the changes in fair value of the hedged future cash flow).
January 2015Gain on Sale Related to Securitisation Transactions
CA-2.4.8
Any increase in equity capital resulting from a securitisation transaction (see Section CA-6.4) must be deducted from the calculation of CET1.
January 2015CA-2.4.9
[This paragraph has been left blank.]
January 2015Defined Benefit Pension Fund Assets and Liabilities
CA-2.4.10
Defined benefit pension fund liabilities, as included on the balance sheet, must be fully recognised in the calculation of CET1 (i.e. CET1 cannot be increased through derecognising these liabilities). For each defined benefit pension fund that is an asset on the balance sheet, the asset must be deducted in the calculation of CET1 net of any associated deferred tax liability which would be extinguished if the asset should become impaired or derecognised under the relevant accounting standards. Assets in the fund to which the
conventional bank licensee has unrestricted and unfettered access can, with supervisory approval, offset the deduction. Such offsetting assets must be given the risk weight they would receive if they were owned directly by theconventional bank licensee .January 2015CA-2.4.11
Paragraph CA-2.4.10 only applies to
conventional bank licensees which havesubsidiaries which are located in jurisdictions where there are defined benefit pension schemes and addresses the concern that assets arising from pension funds may not be capable of being withdrawn and used for the protection of depositors and other creditors of a bank. The concern is that their only value stems from a reduction in future payments into the fund. The treatment allows for banks to reduce the deduction of the asset if they can address these concerns and show that the assets can be easily and promptly withdrawn from the fund.January 2015Investments in Own Shares
CA-2.4.12
All of a
conventional bank licensee's investments in its own common shares, whether held directly or indirectly must have already been deducted in the calculation of CET1 as required by Subparagraph CA-2.1.3(o). In addition, any own stock which theconventional bank licensee could be contractually obliged to purchase must be deducted in the calculation of CET1. The treatment described applies irrespective of the location of the exposure in the banking book or the trading book. In addition:(a) Gross long positions may be deducted net of short positions in the same underlying exposure only if the short positions involve no counterparty risk (i.e. this would normally mean that the long and short positions are with the same counterparty and a valid close-out netting agreement is in place);(b)Conventional bank licensees must look through holdings of index securities to deduct exposures to own shares. However, gross long positions in own shares resulting from holdings of index securities may be netted against short positions in own shares resulting from short positions in the same underlying index where they are undertaken with the same counterparty. In such cases the short positions may still involve counterparty risk (which is subject to the relevant counterparty credit risk charge); and(c) Any shares of theconventional bank licensee held as collateral against exposures to customers are considered to be held indirectly and are subject to deduction.Amended: April 2015
January 2015CA-2.4.13
The deductions under Subparagraphs CA-2.1.3(o) and Paragraph CA-2.4.12 are necessary to avoid the double counting of a
conventional bank licensee 's own capital. The treatment seeks to remove the double counting that arises from direct holdings, indirect holdings via index funds and potential future holdings as a result of contractual obligations to purchase own shares.January 2015CA-2.4.14
Conventional bank licensee must deduct investments in their own AT1 in the calculation of their AT1 capital and must deduct investments in their own T2 in the calculation of their T2 capital.January 2015Reciprocal Cross Holdings in the Capital of Banking and Financial Entities
CA-2.4.15
Reciprocal cross holdings of capital that are designed to artificially inflate the capital position of
conventional bank licensee s will be deducted in full.Conventional bank licensees must apply a "corresponding deduction approach" to such investments in the capital of other banks andfinancial entities . This means the deduction must be applied to the same component of capital for which the capital would qualify if it was issued by theconventional bank licensee itself. The above adjustments (CA-2.4.2 to CA-2.4.15) must now be aggregated and applied to CET1 to obtain a subtotal (CET1a). This new adjusted CET1a is used for the purpose of calculating the next adjustment.January 2015Investments in the capital of banking and financial entities that are outside the scope of regulatory consolidation and where the bank does not own more than 10% of the issued common share capital of the entity
CA-2.4.16
The regulatory adjustment described in Paragraph CA-2.4.17 applies to investments in the capital of banking and
financial entities that are outside the scope of regulatory consolidation and where theconventional bank licensee does not own more than 10% of the issued common share capital of the entity. In addition:(a) Investments include direct, indirect4 and synthetic holdings of capital instruments. For example,conventional bank licensees must look through holdings of index securities to determine their underlying holdings of capital;5(b) Holdings in both the banking book and trading book must be included. Capital includes common stock and all other types of cash and synthetic capital instruments (e.g. subordinated debt). It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year);(c) Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included; and(d) If the capital instrument of the entity in which theconventional bank licensee has invested does not meet the criteria for CET1, AT1, or T2 (see CA-2.1.2(f)) of the concerned bank, the capital is to be considered common shares for the purposes of this regulatory adjustment. However, if the investment is issued out of a regulatedfinancial entity and not included in regulatory capital in the relevant jurisdiction of thefinancial entity , it is not required to be deducted.
4 Indirect holdings are exposures or parts of exposures that, if a direct holding loses its value, will result in a loss to the bank substantially equivalent to the loss in value of the direct holding.
5 If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, the CBB may permit banks, subject to prior CBB approval, to use a conservative estimate of the amount to be deducted.
January 2015CA-2.4.17
If the total of all holdings listed in Paragraph CA-2.4.16 in aggregate exceed 10% of the
conventional bank licensee's CET1a (i.e. after applying all other regulatory adjustments from Paragraph CA-2.4.2 to Paragraph CA-2.4.15) then the amount above 10% is required to be deducted, applying a corresponding deduction approach. This means the deduction must be applied to the same component of capital for which the capital would qualify if it was issued by theconventional bank licensee itself. Accordingly, the amount to be deducted from CET1a must be calculated as the total of all holdings which in aggregate exceed 10% of theconventional bank licensee 's CET1a (as per above) multiplied by the common equity holdings as a percentage of the total capital holdings. This would result in a CET1a deduction which corresponds to the proportion of Total Capital holdings held in CET1a. Similarly, the amount to be deducted from AT1 must be calculated as the total of all holdings which in aggregate exceed 10% of theconventional bank licensee 's CET1a (as per above) multiplied by the AT1 holdings as a percentage of the Total Capital holdings. The amount to be deducted from T2 must be calculated as the total of all holdings which in aggregate exceed 10% of theconventional bank licensee 's CET1a (as per above) multiplied by the T2 holdings as a percentage of the Total Capital holdings.January 2015CA-2.4.18
See Paragraph CA-2.4.21 for further details on what to do if, under the corresponding deduction approach, a
conventional bank licensee is required to make a deduction from a particular tier of capital and it does not have enough of that tier of capital to satisfy that deduction.January 2015CA-2.4.19
Amounts below the threshold, which are not deducted, will continue to be risk weighted. Thus, instruments in the trading book will be treated as per the
market risk rules and instruments in the banking book must be treated as per Chapter CA-3. For the application of risk weighting the amount of the holdings must be allocated on a pro rata basis between those below and those above the threshold. The above adjustments (CA-2.4.16 to CA-2.4.18) must now be aggregated and applied to CET1a to obtain a new subtotal (CET1b). This new adjusted CET1b is used for the purpose of calculating the next adjustment.January 2015Significant Investments in the Capital of Banking and Financial Entities that are Outside the Scope of Regulatory Consolidation
CA-2.4.20
The regulatory adjustment described in Paragraph CA-2.4.21 applies to investments in the capital of banking and
financial entities that are outside the scope of regulatory consolidation where theconventional bank licensee owns more than 10% of the issued common share capital of the issuing entity or where the entity is anaffiliate of theconventional bank licensee . In addition:(a) Investments include direct, indirect and synthetic holdings of capital instruments. For example,conventional bank licensee must look through holdings of index securities to determine their underlying holdings of capital;7(b) Holdings in both the banking book and trading book are to be included. Capital includes common stock and all other types of cash and synthetic capital instruments (e.g. subordinated debt). It is the net long position that is to be included (i.e. the gross long position net of short positions in the same underlying exposure where the maturity of the short position either matches the maturity of the long position or has a residual maturity of at least one year);(c) Underwriting positions held for five working days or less can be excluded. Underwriting positions held for longer than five working days must be included; and(d) If the capital instrument of the entity in which theconventional bank licensee has invested does not meet the criteria for CET1, AT1, or T2 (see CA-2.1.2 (f)) of the concerned bank, the capital is to be considered common shares for the purposes of this regulatory adjustment. However, if the investment is issued out of a regulatedfinancial entity and not included in regulatory capital of thefinancial entity , it is not required to be deducted.
6 Investments in entities that are outside the scope of regulatory consolidation refers to investments in entities that have not been consolidated at all or have not been consolidated in such a way as to result in their assets being included in the calculation of consolidated risk-weighted assets of the group.
7 If banks find it operationally burdensome to look through and monitor their exact exposure to the capital of other financial institutions as a result of their holdings of index securities, the CBB may permit banks, subject to prior CBB approval, to use a conservative estimate.
January 2015CA-2.4.21
All investments in Paragraph CA-2.4.20 that are not common shares must be fully deducted following a corresponding deduction approach. This means the deduction must be applied to the same tier of capital for which the capital would qualify if it was issued by the
conventional bank licensee itself. If theconventional bank licensee is required to make a deduction from a particular tier of capital and it does not have enough of that tier of capital to satisfy that deduction, the shortfall will be deducted from the next higher tier of capital (e.g. if aconventional bank licensee does not have enough AT1 capital to satisfy a particular deduction, the shortfall will be deducted from CET1c as applicable).January 2015CA-2.4.22
Investments in Paragraph CA-2.4.20 that are common shares are subject to the threshold treatment described in paragraph CA-2.4.23. The above adjustments (CA-2.4.20 to CA-2.4.21) must be aggregated and applied to CET1b to obtain a new subtotal (CET1c). This new adjusted CET1c is used for the purpose of calculating the next adjustment.
January 2015Threshold Deductions
CA-2.4.23
If the total of all common equity holdings listed in Paragraph CA-2.4.20 in aggregate exceeds 10% of the
conventional bank licensee's CET1c, then the amount above 10% is required to be deducted from CET1c (see Appendices CA-22 and CA-23 for examples). After this deduction, theconventional bank licensee must deduct the amount by which each of items b) and c) in Paragraph CA-2.4.23A individually exceeds 10% of its CET1c. After these individual deductions, the aggregate of the three items below which exceeds 15% of its CET1c (calculated prior to the deduction of these items but after application of all other regulatory adjustments to CET1 applied in paragraphs CA-2.4.2 to CA-2.4.21) must be deducted from CET1c. The adjustments in this Paragraph are applied to CET1c to obtain a new subtotal (CET1d). This new adjusted CET1d is used for calculating the consolidated CAR and the applicable caps on AT1 and T2 Capital. The items included in the 15% aggregate limit are subject to full disclosure.Amended: April 2015
January 2015CA-2.4.23A
As of 1 January 2020, the calculation of the 15% limit will be subject to the following treatment: the sum of the three items below that remains recognised after the application of all regulatory adjustments must not exceed 15% of CET1d (See Appendix CA-3 for an example):
(a) Significant investments in the common shares of unconsolidated banks and other financial entities as referred to in Paragraph CA-2.4.20;(b) Mortgage servicing rights (MSRs); and(c) Deferred Tax Assets (DTAs) that arise from temporary differences.January 2015CA-2.4.24
The amount of the three above items that are not deducted in the calculation of CET1d is risk weighted at 250% (see Paragraph CA-3.2.26).
January 2015Former Deductions from Capital
CA-2.4.25
The following items receive the following risk weights:
(a) Certain securitisation exposures outlined in Chapter CA-6: 1,250%;(b) Non-payment/delivery on non-DvP and non-PvP transactions (see Appendix CA-4): 1,250%;(c) The amount of any significant investments in commercial entities, as defined in Paragraph CM-5.11.4, which exceed the materiality thresholds is risk weighted at 800%. The materiality thresholds for these investments are: 15% of Total Capital for individual significant investments; and 60% of Total Capital for the aggregate of such investments; and(d) Any exposures above the large exposures limits set by the CBB in Chapter CM-5 of the CBB Rulebook: 800%.Amended: October 2016
Amended: July 2015
Amended: April 2015
January 2015CA-2.4.26
For Subparagraphs CA-2.4.25 (c) and (d), amounts below the materiality thresholds and large
exposure limits continue to be risk weighted in accordance with Chapter CA-3. Where the remaining holdings are made up of holdings carrying different risk weights, the application of the risk weighting must be allocated on a pro rata basis for thoseexposures that are not subject to the 800% risk weight. Appendix CA-21 gives an example of the way to calculate the risk weighted assets and the effect of the limits outlined in Subparagraphs CA-2.4.25 (c) and (d).Added: July 2015