2
Application of Rules Within a Sub-Consolidation Group
2.1
- 01/01/2019
2.2
- (1) a relevant person that is not a ring-fenced body must comply with each relevant rule as if it were a ring-fenced body; and
- (2) a relevant person must ensure each of its ring-fenced affiliates that is not a relevant person complies with each relevant rule as if it were a ring-fenced body.
- 01/01/2019
2.3
In applying this Chapter to 11, the notice required under 11.1 must be provided only by a relevant person.
- 01/01/2019
2.4
In applying this Chapter to 12, compliance by a ring-fenced body (RB) with 12.2 to 12.4 in relation to a ring-fenced affiliate (RA) that is not a ring-fenced body is sufficient to establish compliance by any relevant person that is a ring-fenced affiliate of RB with those rules in relation to RA.
- 01/01/2019
2.5
Without prejudice to 2.2, a ring-fenced body that is required under Article 11(5) of the CRR to comply with obligations on a sub-consolidated basis must ensure that:
- (1) responsibility for the matters in 2.6 is allocated to:
- (a) a single ring-fenced body in its sub-consolidation group; or
- (b) the ring-fenced holding company but only if a person employed by it or an officer of it performs a PRA senior management function in relation to a ring-fenced body in the sub-consolidation group; and
- (2) the allocation is documented and notified to the PRA.
- 01/01/2019
2.6
The matters referred to in 2.5(1) are:
- (1) ensuring the performance by each ring-fenced body of its ring-fencing obligations; and
- (2) ensuring the performance by each relevant person in the sub-consolidation group of its obligations under 2.2.
- 01/01/2019
2.7
- 01/01/2019
2.8
Without prejudice to 3.4, the person allocated with responsibility under 2.5(1) must be able to demonstrate to the PRA:
- (1) compliance with ring-fencing obligations by any ring-fenced body within the sub-consolidation group;
- (2) compliance with relevant rules by any ring-fenced affiliate, other than a ring-fenced body, as if it were a ring-fenced body, subject to 2.3 and 2.4;
- (3) compliance with 10.1 by any ring-fenced affiliate that is not a ring-fenced body but is a CRR firm; and
- (4) the extent to which any ring-fenced body within the sub-consolidation group and its ring-fenced affiliates have acted, if they have chosen to do so, in accordance with any guidance given by the PRA relating to ring-fenced bodies or ring-fenced affiliates.
- 01/01/2019