01 · Own funds, deductions & MREL
Art 26–92a CRR · Art 45 ff BRRD
Purpose & history
Why tiering, why deductions
Tiering orders claims by when they absorb loss. CET1 absorbs while the bank operates — no coupon promise, no maturity, no incentive to redeem. AT1 is the bridge: perpetual, coupons fully discretionary (and non-cumulative), converting or writing down at a 5.125% CET1 trigger — designed to recapitalise a going concern without a court. T2 absorbs only in gone concern, hence the five-year amortisation as it approaches maturity: absorbency you are about to repay is not absorbency. Above it all sits the bail-in stack (TLAC/MREL): enough loss-absorbing liabilities pre-positioned that resolution recapitalises the bank from its own balance sheet.
Deductions remove assets that vanish exactly when needed: goodwill and intangibles have no liquidation value; DTAs on losses need future profits a failing bank will not have; own shares and cross-holdings are double-counted capital; the IRB shortfall marks under-provisioning. The threshold mechanics (10% / 17.65%) tolerate small financial-sector holdings and temporary-difference DTAs at a 250% weight rather than full deduction — a negotiated softening, not a principle.
Requirements
Instrument-by-instrument discipline
Calculations
− intangibles €1.2bn − loss DTAs €0.4bn − IRB shortfall €0.2bn − AVAs €0.1bn − own shares €0.1bn
CET1 = €9.5bn · + AT1 €1.5bn → T1 €11.0bn · + T2 €1.2bn → TC €12.2bn
On TREA €72bn: 13.2% / 15.3% / 16.9%
CBR filled < 25% → payout 0% · 25–50% → 20% · 50–75% → 40% · 75–100% → 60% · above → free.
Bank at 10.4%: filled 87% → 60% cap — binding on the sum of dividends, AT1 coupons and variable pay.
Changes & sources
Practice notes & sources
| Topic | Where the answer is |
|---|---|
| Instrument terms | EBA Own Funds RTS + the standing EBA Q&A practice — de facto case law |
| MREL calibration | SRB MREL policy (annual); LAA + RCA + market-confidence charge |
| AT1 post-2023 | Trigger and write-down mechanics now a disclosed pricing factor; EU statements reaffirmed creditor hierarchy |
- Open: buffer usability, the perennial AT1 reform debate (conversion-only? higher triggers?), and CMDI's effect on MREL for mid-sized banks.
Independent analysis by Elderlake Partners, as at August 2026. Not legal, accounting or supervisory advice.