Instruction No. 2016-I-28 of December 20, 2016, regarding the submission of information necessary for calculating contributions to deposit, securities, and guarantee fund mechanisms (repealed)

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2016-I-28 regarding the submission of information necessary for calculating contributions to the deposit, securities, and guarantee fund mechanisms

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 312-4 to L. 312-16, Articles L. 322-1 to L. 322-10, Articles L. 313-50 to L. 313-51, Article L. 511-30, and Article D. 313-26; Having regard to the Order of October 27, 2015, taken for the application of item 6° of Article L. 312-16 of the Monetary and Financial Code; Having regard to the Order of October 27, 2015, relating to the implementation of the deposit guarantee, the compensation ceiling, and the application methods of Article L. 312-4-1 of the Monetary and Financial Code; Having regard to Decision No. 2016-C-51 of the Prudential Control and Resolution Authority of October 10, 2016, establishing the methods for calculating contributions to the deposit guarantee mechanism as of 2016; Having regard to the Joint Decision No. 2015-C-113 of the Prudential Control and Resolution Authority and the Autorité des Marchés Financiers of December 1, 2015, modified by Joint Decision No. 2016-C-79 of November 14, 2016, establishing the methods for calculating contributions to the securities guarantee mechanism; Having regard to Decision No. 2015-C-112 of the Prudential Control and Resolution Authority of December 1, 2015, modified by Decision No. 2016-C-78 of November 14, 2016, establishing the methods for calculating contributions to the guarantee fund mechanism; Having regard to the opinion of the Consultative Committee on Prudential Affairs dated December 16, 2016, DECIDES:

Chapter 1 - General Provisions

Article 1 Credit institutions, investment firms other than portfolio management companies, hereinafter referred to as "investment firms," and financing companies concerned by one or more of the deposit, securities, and guarantee fund mechanisms, as well as the central bodies mentioned in Article L. 511-30 of the Monetary and Financial Code, shall submit the information requested in "1.1. Identification of the institution" of the annex to this instruction.

Central bodies shall submit additional information, under the conditions provided for in this instruction, relating to the securities and guarantee fund guarantees requested in the annex to this instruction on a consolidated basis at the level of their network.

Article 2 The tables annexed to this instruction shall be completed in accordance with this instruction and, where applicable, with the technical documentation published by the General Secretariat of the Prudential Control and Resolution Authority. Financial data shall be reported in euros and, unless otherwise stated, shall be determined as of December 31 of the year preceding the submission. This date is referred to as the "reference closing date."

These tables shall be submitted annually to the General Secretariat of the Prudential Control and Resolution Authority via electronic transmission in EXCEL format through the ONEGATE system no later than February 28.

Chapter 2 - Information Necessary for Calculating Contributions to the Deposit Guarantee Mechanism

Article 3 Credit institutions licensed as of January 1 of the current year shall submit the information requested in "Section A. Information for the calculation of the contribution base for the deposit guarantee mechanism and on regulated savings with a special regime" of "1.2. Information for base calculations" of the annex to this instruction.

Information relating to "Covered deposits excluding regulated savings (Livrets A, LDD, and LEP)," "Regulated savings centralized in the Savings Fund," and "Regulated savings not centralized in the Savings Fund" shall be declared on the quarterly closing dates of March 31, June 30, September 30, and December 31 of the year of the reference closing date.

Article 4 Credit institutions mentioned in Article 3 shall also submit all information requested in "2. Information for risk indicators" of the annex to this instruction.

For the calculation of the "Indicator D. ii) Return on Assets (ROA)" mentioned in "Section D. Pillar 'Banking Model and Governance'," in addition to data relating to the reference closing date, data determined as of December 31 preceding the reference closing date must be reported.

Chapter 3 - Information Necessary for Calculating Contributions to the Securities Guarantee Mechanism

Article 5 Credit institutions providing investment services and investment firms licensed as of January 1 of the current year, as well as central bodies, shall submit the information requested in "Section B. Information for the calculation of the contribution base for the securities guarantee mechanism" of "1.2. Information for base calculations" of the annex to this instruction.

Article 6 The persons mentioned in Article 5 shall also submit the following information requested in "2. Information for risk indicators" of the annex to this instruction:

• in "Section A. Category for capital ratio indicators," the "Risk Indicator A.ii) Common Equity Tier 1 capital ratio (CET1 ratio)";
• in "Section D. Pillar Banking Model and Governance," the "Risk Indicator D. ii) Return on Assets (ROA)."

For the calculation of the return on assets indicator, in addition to data relating to the reference closing date, data determined as of December 31 preceding the reference closing date must be reported.

Chapter 4 - Information Necessary for Calculating Contributions to the Guarantee Fund Mechanism

Article 7 Credit institutions and financing companies whose license as of January 1 of the current year allows them to issue surety bonds required by legislative or regulatory text within the meaning of Articles L. 313-50 and D. 313-26 of the Monetary and Financial Code, as well as central bodies, shall submit the information requested in "Section C. Information for the calculation of the contribution base for the guarantee fund mechanism" of "1.2. Information for base calculations" of the annex to this instruction.

Article 8 The persons mentioned in Article 7 shall also submit the information requested for "Risk Indicator A.ii) Common Equity Tier 1 capital ratio (CET1 ratio)" in "Section A. Category for capital ratio indicators" of "2. Information for risk indicators" of the annex to this instruction.

Chapter 5 - Final Provisions

Article 9 Instruction No. 2016-I-14 of June 24, 2016, regarding the submission of information necessary for calculating contributions to the deposit, securities, and guarantee fund mechanisms, is repealed.

Article 10 This instruction shall enter into force the day following its publication.

Paris, December 20, 2016

For the Sectoral Sub-Committee of Banking The President [Robert OPHÈLE]