The amounts of ancillary own funds items to be taken into account to determine prudential own funds within the meaning of Article L. 351-6 are subject to the prior approval of the Autorité de contrôle prudentiel et de résolution.
The amount allocated to each item of ancillary own funds reflects the loss-absorbing capacity of the item concerned and is based on prudent and realistic assumptions. Where a fixed nominal value is attached to an ancillary own-fund item, the amount of that item shall be equal to its nominal value, provided that this adequately reflects its loss-absorbing capacity.
The Autorité de contrôle prudentiel et de résolution shall approve either of the following:
a) A monetary amount for each ancillary own-fund item;
b) A method for calculating the amount of each ancillary own-fund item. In this case, the Authority’s approval of the amount so calculated shall be given for a specified period.
For each ancillary own-fund item, the Authority shall base its approval on an assessment of the following elements:
a) The status of the counterparties concerned, having regard to their ability and willingness to pay. The status of counterparties is specified in Article 63 of Commission Delegated Regulation (EU) No 2015/35 of 10 October 2014;
b) The recoverability of funds, taking into account the legal form of the relevant item and any circumstances that may prevent it from being successfully paid or called. Funds shall be recovered in accordance with the procedures laid down in Article 64 of the Regulation;
c) any information on the outcome of past calls made by the undertaking for similar ancillary own funds, to the extent that such information can reasonably be used to estimate the expected outcome of future calls.
Details of this information are given in Article 65 of the same Regulation.
The procedures for requesting approval of ancillary own funds are defined in Article 62 of the same Regulation.
The procedures for validating the amount of ancillary own funds, as well as the duration of recognition of this amount, are defined in Article 66 of the same Regulation.