S.L. 371.16 · Banking Act (Supervisory Review) (S.L. 371.16)
S.L. 371.16 Art. 18Specific disclosures by the competent authority.
Title VII of the CRD and in particular in Article 86 of
(1) For the purpose of Part Five of the CRR, relating to exposures to transfer credit risk, the competent authority shall publish the following information:
(a) the general criteria and methodologies adopted to review compliance with Articles 405 to 409 of the CRR;
(b) without prejudice to the provisions laid down in Title VII, Chapter 1, Section II of the CRD, a summary description of the outcome of the supervisory review and description of the measures imposed in cases of non-compliance with Articles 405 to 409 of the CRR, identified on an annual basis.
(2) If the competent authority exercises the discretion laid down in Article 7(3) of the CRR, it shall publish the following information:
(a) the criteria it applies to determine that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities;
(b) the number of parent institutions in Malta and EU parent institutions which benefit from the exercise of the discretion laid down in Article 7(3) of the CRR and the number of those which incorporate subsidiaries in a third country;
(c) on an aggregate basis for Malta:
(i) the total amount of own funds on the consolidated basis of the parent institution in Malta, which benefits from the exercise of the discretion laid down in Article 7(3) of the CRR, which are held in subsidiaries in a third country;
(ii) the percentage of total own funds on the consolidated basis of parent institutions in Malta which benefits from the exercise of the discretion laid down in Article 7(3) of the CRR, represented by own funds which are held in subsidiaries in a third country;
(iii) the percentage of total own funds required under Article 92 of the CRR on the consolidated basis of parent institutions in Malta, which benefits from the exercise of the discretion laid down in Article 7(3) of the CRR, represented by own funds which are held in subsidiaries in a third country.
(3) If the competent authority exercises the discretion laid down in Article 9(1) of the CRR, it shall publish the following information:
(a) the criteria it applies to determine that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities;
(b) the number of parent institutions in Malta and EU parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the CRR and the number of such parent institutions which incorporate subsidiaries in a third country;
(c) on an aggregate basis for Malta:
(i) the total amount of own funds of parent institutions in Malta and EU parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the CRR which are held in subsidiaries in a third country;
(ii) the percentage of total own funds of parent institutions in Malta and EU parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the CRR represented by own funds which are held in subsidiaries in a third country;
(iii) the percentage of total own funds required under Article 92 of the CRR of parent institutions in Malta and EU parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of the CRR represented by own funds which are held in subsidiaries in a third country.
Änderungsgeschichte
- Amended by L.N. 76 of 2019
Verweist auf
- S.L. 371.16 Art. 405
- S.L. 371.16 Art. 7
- S.L. 371.16 Art. 9
- S.L. 371.16 Art. 92