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CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

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FCA 2013/xx<br />

8.13 R …<br />

…<br />

IPRU(BSOC) or IPRU(INV);<br />

(2) the firm issued the capital instrument on or be<strong>for</strong>e 31 December<br />

2006; and<br />

(3) (in the case of a bank) as at 31 December 2006 the bank included the<br />

capital instrument, and was entitled to include it, in the calculation<br />

of its capital resources under IPRU(BANK) as innovative tier one<br />

capital as referred to in chapter CA of IPRU(BANK); and [deleted]<br />

(4) (in any other case) the firm included the capital instrument, and was<br />

entitled to include it, in the calculation of its capital resources under<br />

IPRU(BSOC) or IPRU(INV) as capital of a type that corresponded to<br />

tier one capital.<br />

do not apply to a capital instrument issued by a firm if:<br />

(5) on 31 December 2006 the firm was subject to IPRU(BANK),<br />

IPRU(BSOC) or IPRU(INV);<br />

…<br />

(7) as at 31 December 2006 the firm included the capital instrument, and<br />

was entitled to include it, in the calculation of its capital resources<br />

under IPRU(BANK), IPRU(BSOC) or IPRU(INV) as capital of the<br />

type that corresponds to:<br />

…<br />

Waivers and concessions<br />

8.16 G A reference to a firm being entitled to include capital instruments in the<br />

calculation of its capital resources under IPRU at a particular level includes<br />

the firm being able to do this under a waiver or, in the case of<br />

IPRU(BANK)or IPRU(BSOC), a written approval by the FSA.<br />

…<br />

TP 8A<br />

Further miscellaneous capital resources definitions <strong>for</strong> BIPRU firms<br />

…<br />

8A.3 R If a BIPRU firm treats a capital instrument as eligible <strong>for</strong> inclusion as hybrid<br />

capital under GENPRU TP 8A.2R, then the firm:<br />

Page 19 of 57

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