Own Funds (CRR) Permissions and Notifications
Savings provision
Where applicable, any permission granted by the PRA under the following provisions of the Capital Requirements Regulation at any time before 1 January 2026, has effect, on and after 1 January 2026 as if granted under s138BA of FSMA 2000:
- Article 26(3)
- Article 31(1)
- Article 41(1)
- Article 73(1)
- Article 76(2)
- Article 77(1)
- Article 78(1)
Any CRR permission granted by the PRA under the Article 26(2) provisions of the Capital Requirements Regulation at any time before 1 January 2026, will be treated, on and after 1 January 2026, as a notification made under Article 26(2) of the rules.
Existing applications made under CRR
From 1 January 2026, institutions with existing applications for a permission under CRR which has not yet been granted will need to supply additional information set out in Regulation 3 of the Financial Services and Markets Act 2000 (Disapplication or Modification of Financial Regulator Rules in Individual Cases) Regulations 2024.
Article 26(2) Notification
From 1 January 2026, institutions are no longer required to apply to the PRA for permission to include interim profits in Common Equity Tier 1 capital (CET1).
Institutions seeking to include interim or year-end profits in Common Equity Tier 1 capital—prior to confirming the final profit or loss for the year—must ensure that the profits have been independently verified by auditors and that any foreseeable charges or dividends have been deducted. Once these conditions are met and profits are included in CET1 capital, institutions must notify the PRA as soon as reasonably practicable by submitting the following notification form to CRRFirms.regulatorycapital@bankofengland.co.uk:
Article 26(3) Rule Permission
Institutions wishing to apply for permission under FSMA section 138BA to classify issuances of capital instruments as Common Equity Tier 1 (CET1) instruments should complete and send the s138BA rule permission application form, together with any supporting documentation required to PRA-waivers@bankofengland.co.uk.
Intuitions are also required to submit a pre-issuance notification (PIN) form as part of the application. The PIN form can be found on the Capital instruments – pre/post-issuance notification (PIN) page.
Article 77 Rule Permission
Intuitions wishing to apply for permission under Article 77(1)(a) to reduce, redeem, repurchase, call, repay or reclassify own funds instruments, or, under Article 77(1)(b) to reduce, distribute or reclassify the share premium accounts as another own funds item, should complete the s138BA Rule Permission Application Form and the accompanying Criteria and Conditions Form:
- Article 77 Criteria and Conditions Form (DOC)
- Institutions intending to submit an application for own funds permission should refer to Statement of policy (SoP) 3/25 – The PRA’s approach to waivers and permissions under Own Funds (CRR) Part.
Where an institution intends to reduce its own funds with replacement instruments, it should follow the requirements set out in paragraph 1(a) of Appendix 5 of the SoP; if the reduction is to occur without replacing instruments, the institution should instead refer to paragraph 1(b) of Appendix 5. Firms should observe the conditions in this SoP that the PRA will take into account in assessing these applications.