I.-Equity items are classified into three tiers. This classification depends on whether they are basic own funds or ancillary own funds and on the following characteristics of permanent availability and subordination:
a) The item is available, or can be called upon on demand, to absorb losses completely, whether as a going concern or in the event of liquidation ;
b) in the event of liquidation, the full amount of the item is available for absorption of losses and repayment of the item is refused to the holder until all other liabilities, including insurance and reinsurance liabilities to policyholders, underwriters and beneficiaries of insurance contracts and reinsured undertakings, have been met.
II – In assessing the extent to which own-fund items have the characteristics set out in (a) and (b), at a given point in time and for the future, due consideration must be given to the duration of the item, in particular whether or not it has a fixed term. Where the capital item has a fixed duration, its relative duration, in comparison with the duration of the undertaking’s insurance and reinsurance commitments, is taken into account.
Consideration is also given to whether the item is free of any obligation or incentive to repay its nominal amount, mandatory fixed charges and constraints.