Art. 85
Capital Requirements Regulation · 32013R0575 · every event for this act · on EUR-Lex
6 changes recorded across 6 events, newest first.
in force 2026-06-26 MODIFIED±0§
Amended by Regulation (EU) 2019/2033 32019R2033
applies from: unknown
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in force 2025-01-01 MODIFIED§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
Point (a)(i) is restructured into two separate numbered sub-cases, distinguishing subsidiaries listed in Article 81(1)(a) that are not investment firms or intermediate investment holding companies from those that are investment firms or intermediate investment holding companies, with the applicable own funds requirements set out separately for each.
The wording on additional local supervisory regulations in third countries changes from being conjunctive with the other listed requirements to being an alternative introduced by "or", in both point (a)(i) and point (a)(ii).
A new subparagraph is added after point (b) allowing the competent authority to permit an institution to subtract either of the amounts in point (a)(i) or (ii), subject to the institution demonstrating to the competent authority's satisfaction that the additional Tier 1 capital amount is available to absorb losses at consolidated level.
Cited: Art. 85, v2 · Art. 85, v1
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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 2021-06-28 MODIFIED§
Amended by Regulation (EU) 2019/2033 32019R2033 · Regulation (EU) 2019/876 32019R0876 · Regulation (EU) 2021/558 32021R0558 · Regulation (EU) 2020/873 32020R0873
applies from: unchanged
Point (a)(i) now adds a separate limb for cases where the subsidiary is an investment firm, adding requirements under Article 11 of Regulation (EU) 2019/2033 and Article 39(2)(a) of Directive (EU) 2019/2034 alongside the existing local supervisory regulations reference, while the other references in (a)(i) and (a)(ii) are updated to specify Regulation and Directive sources.
Point (b) now expresses the percentage by reference to Common Equity Tier 1 and Additional Tier 1 items of the subsidiary, replacing the earlier wording that referred to all Tier 1 instruments plus related share premium accounts, retained earnings and other reserves.
Paragraph 3 now refers to the derogation under Article 7 of this Regulation or, where applicable, under Article 6 of Regulation (EU) 2019/2033, whereas the earlier text referred only to Article 7.
Cited: Art. 85, v2 · Art. 85, v1
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in force 2019-12-25 MODIFIED§
Amended by Regulation (EU) 2019/2033 32019R2033
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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detected 2026-08-13 MODIFIED§
no amending act named
applies from: unchanged
In paragraph 1, the amount subtracted is now described as being taken from the undertaking's qualifying Tier 1 capital rather than from its own funds.
In paragraph 3, the wording changes from stating that the instruments shall not be recognised in own funds to stating that they shall not be recognised as own funds.
Cited: Art. 85, v2
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