Drafting of the capital decisions taken in the absence of capital joint decision
Article 16
1. A capital decision taken in the absence of capital joint decision shall be set out in a document that contains all of the following items: (a) the name of the consolidating supervisor or relevant competent authority taking the capital decision; (b) the name of the group of institutions or the institution of the group to which the capital decision relates and applies; (c) the references to the applicable Union and national law relating to the preparation, finalisation and application of capital decisions; (d) the date of the capital decision; (e) the conclusion on the application of Articles 73 and 97 of Directive 2013/36/EU; (f) for capital decisions taken on a consolidated basis, the conclusion on the adequacy of own funds held by the group of institutions at consolidated level; (g) for capital decisions taken on an individual basis, the conclusion on the adequacy of own funds held by the relevant institution at individual level; (h) for capital decisions taken on a consolidated basis, the conclusion on the level of own funds that the group of institutions is required to hold at consolidated level pursuant to point (a) of Article 104(1) of Directive 2013/36/EU; (i) for capital decisions taken on an individual basis, the conclusion on the level of own funds that the relevant institution is required to hold at individual level pursuant to point (a) of Article 104(1) of Directive 2013/36/EU; (j) information on the minimum prudential requirements which apply to the relevant institutions pursuant to Article 92 of Regulation (EU) No 575/2013 and Articles 103, 129, 130, 131 and 133 of Directive 2013/36/EU and on any other relevant prudential or macro-prudential requirements, guidelines, recommendations or warnings; (k) the reference date to which the conclusions referred to in points (e) to (i) relate; (l) the description of how the risk assessment, views and reservations expressed by the other relevant competent authorities or consolidating supervisor are considered, where applicable; (m) the timeline for the implementation of the conclusions referred to in points (h) and (i), where applicable. 2. The capital decisions taken in the absence of a capital joint decision at individual or consolidated level shall meet the requirements set out in Article 10(2) to (4), where applicable.