Elderlake Partners

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.

2008
Hybrids fail to absorb; deductions from total capital flatter Tier 1.
2010–13
Basel III / CRR: CET1 defined, deductions moved to CET1, AT1 triggers standardised.
2014–16
BRRD bail-in live; MREL set per bank by resolution authorities; TLAC for G-SIIs.
2023
Credit Suisse: AT1 written down while equity survives — trigger drafting becomes a pricing factor overnight.
2025
CRR3 leaves the architecture intact; the floor changes what it multiplies.

Requirements

Instrument-by-instrument discipline

CET1 criteria (Art 28)Permanence, full loss absorption pari passu, complete distribution flexibility; no funding by the bank itself, no preferential distributions. Every share class legal-opinioned against the list.
AT1 criteria (Art 52)Perpetual, callable ≥ 5y only with permission and replacement/headroom; fully discretionary non-cumulative coupons paid from distributable items; ≥ 5.125% CET1 trigger; no dividend pushers/stoppers.
T2 criteria (Art 63)Original maturity ≥ 5y; straight-line amortisation in the final five years; no acceleration rights.
Permissions regime (Art 77–78a)Every call, redemption or buy-back — including MREL instruments — pre-approved; general prior permissions managed as a consumable envelope.
Deduction feedsMonthly-capable data: intangibles net of DTLs, DTA split by type, holdings vs the 10%/17.65% thresholds, IRB shortfall vs provisions, prudent-valuation AVAs, NPE backstop shortfalls.
MREL stack managementSubordination requirements, internal MREL for subsidiaries, maturity ladder (one-year run-off visibility), quarterly TLAC/MREL reporting and disclosure.

Calculations

Own-funds build — from equity to ratios Share capital + premium €6.0bn + retained €5.0bn + OCI €0.5bn = €11.5bn
− 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%
T2 amortisation €1bn T2, 3.0y to maturity → recognised = 3/5 × 1bn = €600m. The €400m already amortised still exists as a liability — it simply no longer counts. Refinancing calendars are driven by this line.
Threshold deduction at work CET1 (pre) €10bn · significant FS holding €1.2bn → 10% threshold €1.0bn → deduct €0.2bn, weight the rest at 250% (+€2.5bn RWA). Both sides of the ratio move.
MDA — the full ladder CBR = 5.5% on top of 4.5% + P2R-CET1 1.125% → buffer floor at 5.625% CET1.
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

TopicWhere the answer is
Instrument termsEBA Own Funds RTS + the standing EBA Q&A practice — de facto case law
MREL calibrationSRB MREL policy (annual); LAA + RCA + market-confidence charge
AT1 post-2023Trigger 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.