Art. 72b
Capital Requirements Regulation · 32013R0575 · every event for this act · on EUR-Lex
Eligible liabilities instruments
6 changes recorded across 6 events, newest first.
in force 2025-01-01 MODIFIED+6 −14§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
In paragraph 3(1), the reference to the total risk exposure amount calculation drops the mention of Article 92(4), now citing only Article 92(3).
Cited: Art. 72b, v1 · Art. 72b, v2
text before / after
02013R0575-20240709 → 02013R0575-20250101
Article 72b
Eligible liabilities instruments
1. Liabilities shall qualify as eligible liabilities instruments, provided that they comply with the conditions set out in this Article and only to the extent specified in this Article.
2. Liabilities shall qualify as eligible liabilities instruments, provided … 811 unchanged words … in paragraph 2 of this Article, the resolution authority may permit liabilities to qualify as eligible liabilities instruments up to an aggregate amount that does not exceed 3,5 % of the total risk exposure amount calculated in accordance with Article 92(3) and (4), 92(3), provided that:
(a) all the conditions set out in paragraph 2 except for the condition set out in point (d) of the first subparagraph of paragraph 2 are met;
(b) the liabilities rank pari passu with the lowest ranking excluded liabilities referred … 429 unchanged words … to the Commission by 28 December 2019.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
in force 2024-07-09 MODIFIED§
Amended by Regulation (EU) 2024/1623 32024R1623
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`.
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in force 2023-06-28 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`.
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in force 2022-11-14 MODIFIED§
Amended by Regulation (EU) 2022/2036 32022R2036
applies from: unchanged
A new subparagraph is added at the end of paragraph 2, stating that for purposes of Article 92b, references to the resolution entity in points (c), (k), (l) and (m) of the first subparagraph of paragraph 2 are also to be understood as references to an institution that is a material subsidiary of a non-EU G-SII.
This sentence does not appear in the earlier version of the article, which ends paragraph 2 with the subordination-assessment text and does not mention Article 92b or non-EU G-SII subsidiaries.
Cited: Art. 72b, v2 · Art. 72b, v1
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 (an inserted provision states its own application date only in prose)
This is a newly inserted provision, Article 72b, setting out the conditions that liabilities must meet to qualify as eligible liabilities instruments, including issuance, ownership, subordination, absence of set-off rights, restrictions on early repayment, and contractual disclosure requirements.
It also establishes two discretionary allowances for a resolution authority to permit additional liabilities to count as eligible liabilities instruments up to specified thresholds, subject to conditions on ranking and legal-challenge risk, along with a requirement to consult the competent authority and a mandate for EBA to develop related regulatory technical standards.
Cited: Art. 72b, v2
text before / after, on the event page →