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4. Definitions and Interpretations
C 52/2017 STA Effective from 1/12/2022In general, terms in this Standard have the meanings defined in other Regulations and Standards issued by the Central Bank. In addition, for this Standard, the following terms have the meanings defined in this section.
- a.Capital Regulations, Standards and Guidance, means regulatory capital requirements for the maintenance of capital applicable to the issuer, including transitional rules. It includes the Capital Regulation, the Capital Standards, and Capital Guidance.
- b.Central Bank means the Central Bank of the United Arab Emirates.
- c.Distributable Items means the amount of the issuer's consolidated retained earnings and reserves after the transfer of any amounts to non-distributable reserves, all as set out in the most recent audited or auditor reviewed consolidated financial statements of the issuer or any equivalent or successor term from time to time as prescribed by the Capital Regulations, including the applicable criteria for Tier 1 capital instruments that do not constitute Common Equity Tier 1 Capital;
- d.Grandfathering is part of the transition process. In order to qualify for the grandfathering arrangements, an instrument must have a particular cut-off date. Any instrument entered into before 1st January 2018, which does not meet the qualifying criteria for the particular tier of capital, in this Standard will be grandfathered.
- e.Non-Viable: The bank shall be Non-Viable if it is at least (a) insolvent, bankrupt, unable to pay a material part of its obligations as they fall due or unable to carry on its business, or (b) any other event or circumstance occurs that the Central Bank deems necessary to declare the bank to be Non-Viable.
- f.Point of Non-Viability (PONV): A Point of Non-Viability means that the Regulator has determined that the bank has or will become non-viable without: (a) a write-down of the principal amount of the instrument, or (b) a public injection of capital (or equivalent support).
- g.Tier Capital Instruments: Capital instruments other than Core Equity Tier 1 (CET1) capital, that qualify for recognition as Additional Tier 1 (AT1) or Tier 2 (T2) regulatory capital instruments according to the requirements of this Standard.