Art. 104a
Capital Requirements Regulation · 32013R0575 · every event for this act · on EUR-Lex
Reclassification of a position
5 changes recorded across 5 events, newest first.
in force 2025-01-01 MODIFIED+553 −12§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
Paragraph 5 now adds an exception, stating that reclassification is irrevocable except in the exceptional circumstances referred to in paragraph 1.
A new paragraph 6 has been added allowing an institution to reclassify a non-trading book position as a trading book position under Article 104(2), point (d), without seeking permission from its competent authority, while still requiring compliance with paragraphs 3 and 4 and immediate notification to the competent authority of such a reclassification.
The earlier version contained neither this exception in paragraph 5 nor any paragraph 6.
Cited: Art. 104a, v2 · Art. 104a, v1
text before / after
02013R0575-20240709 → 02013R0575-20250101
Article 104a
Reclassification of a position
1. Institutions shall have in place clearly defined policies for identifying the exceptional circumstances which justify the reclassification of a trading book position as a non-trading book position or, conversely, the reclassification of a non-trading book … 379 unchanged words … requirements immediately before the reclassification, each calculated in accordance with Article 92. The calculation shall not take into account the effects of any factors other than the reclassification.
5. The reclassification of a position in accordance with this Article shall be irrevocable. irrevocable, except in the exceptional circumstances referred to in paragraph 1.
6. By way of derogation from paragraph 1 of this Article, an institution may reclassify a non-trading book position as a trading book position pursuant to Article 104(2), point (d), without seeking permission from its competent authority. In such a case, the requirements laid down in paragraphs 3 and 4 of this Article shall continue to apply to the institution. The institution shall immediately notify its competent authority where such a reclassification has occurred.
in force 2024-07-09 MODIFIED§
Amended by Regulation (EU) 2024/1623 32024R1623
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2027-07-10 · dates removed: 2024-06-28
The deadline by which EBA must issue guidelines on the meaning of exceptional circumstances under paragraph 1 has changed from 28 June 2024 to 10 July 2027.
The guidelines are now also described as covering what exceptional circumstances entail for the purposes of paragraph 5 of this Article, in addition to the first subparagraph of paragraph 1.
The phrasing describing the guidelines' subject matter was also reworded from concerning the meaning of exceptional circumstances to concerning what exceptional circumstances entail.
Cited: Art. 104a, v1 · Art. 104a, v2
text before / after, on the event page →
in force 2023-06-28 INSERTED§
Amended by Regulation (EU) 2019/876 32019R0876
applies from: unknown (an inserted provision states its own application date only in prose)
This is a new article setting out rules for reclassifying a position between the trading book and the non-trading book, requiring institutions to have documented policies reviewed at least annually, competent authority permission based on written evidence of exceptional circumstances, management body approval, disclosure obligations, a specific method for calculating the resulting change in own funds requirements, and irrevocability of the reclassification once made.
Cited: Art. 104a, v2
text before / after, on the event page →
in force 2020-12-28 INSERTED§
Amended by Regulation (EU) 2019/876 32019R0876
applies from: unknown
Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
text before / after, on the event page →
in force 2019-06-27 INSERTED§
Amended by Regulation (EU) 2019/876 32019R0876
applies from: unknown
Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
text before / after, on the event page →