Subordinated loans may be included in Tier 1 capital | Practical Law

Subordinated loans may be included in Tier 1 capital | Practical Law

Subordinated loans may be included in Tier 1 capital

Subordinated loans may be included in Tier 1 capital

Practical Law UK Legal Update 7-422-1909 (Approx. 2 pages)

Subordinated loans may be included in Tier 1 capital

by White & Case LLP
Published on 11 Aug 2009Russian Federation

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The Central Bank has amended the regulation concerning the calculation of a credit organisations net worth (capital) so that subordinated loans meeting certain criteria can now be included in Tier 1 capital with the Central Bank's consent.
On 1 June 2009, the Central Bank issued Directive No. 2241-U amending its Regulation No. 215-P "On the Method of Calculation of the Net Worth (Capital) of Credit Organisations," dated 10 February 2003. The Directive entered into force on 8 July 2009.
Under Regulation No. 215-P, a credit organisation's net worth (capital) consists of the core capital and additional capital (Tier 1 and Tier 2 capital, respectively). Additional capital may include subordinated loans which meet the established criteria.
The Directive now allows inclusion of subordinated loans in the core capital of a credit organisation if they meet a number of additional criteria (subordinated loans with additional terms). These include, in particular, that the loans are granted for no less than 30 years and may be prepaid not earlier than ten years after they are included in the core capital.
The procedures for obtaining the Central Bank's consent for inclusion of the subordinated loan into the credit organisation's core capital and for repayment of the loan are similar to those established for "ordinary" subordinated loans.