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Commission Delegated Regulation (EU) 2017/390 Article 2

Commission Delegated Regulation (EU) 2017/390 Article 2

Conditions regarding capital instruments

Article 2

1.   For the purposes of Article 1, a CSD shall hold capital instruments that meet all of the following conditions: (a) they are subscribed capital within the meaning of Article 22 of Council Directive 86/635/EEC  ( 10 ) ; (b) they have been paid up, including the related share premium accounts; (c) they fully absorb losses in going concern situations; (d) in the event of bankruptcy or liquidation, they rank after all other claims in insolvency actions or under the applicable insolvency law. 2.   In addition to the capital instruments that meet the conditions in paragraph 1, a CSD authorised in accordance with point (a) of Article 54(2) of Regulation (EU) No 909/2014 to provide banking-type ancillary services may, in order to meet the requirements in Article 1, use capital instruments that: (a) meet the conditions in paragraph 1; (b) are ‘own funds instruments’ as defined in point 119 of Article 4(1) of Regulation (EU) No 575/2013; (c) are subject to the provisions of Regulation (EU) No 575/2013.

Read the full instrument → · Read this in context: TITLE I — CAPITAL REQUIREMENTS FOR ALL CSDS REFERRED TO IN ARTICLE 47 OF REGULATION (EU) No 909/2014 →

Other provisions in TITLE I — CAPITAL REQUIREMENTS FOR ALL CSDS REFERRED TO IN ARTICLE 47 OF REGULATION (EU) No 909/2014

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 2 of Commission Delegated Regulation (EU) 2017/390 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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