PDF (3.77 Mo) - Le CrÃ©dit Agricole

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Crédit Agricole S.A.Update of the 2011 registration document - A03Capital, capital requirements and capital adequacyI. Composition of capitalRegulatory capital is calculated in accordance with Regulation No. 90-02 of 23 February 1990 amended bythe decree of 23 November 2011 published by the Comité de la réglementation bancaire et financièrerelated to capital. It is divided into three categories: Tier 1, or core capital, Tier 2 and Tier 3 capital, fromwhich various types of deductions are made. Capital is allocated according to the following criteria:decreasing degree of robustness and stability, duration, degree of subordination.1. Tier 1 capital or core capitalThis includes:A. Permanent equity (capital, reserves, minority interests) after deductions• Equity capital;• Reserves, including other comprehensive income.Unrealised gains or losses on available-for-sale financial assets are recognised for accounting purposesin other comprehensive income and are restated as follows:- For equity instruments, net unrealised gains are deducted from Tier 1 capital on a currency bycurrency basis, net of the amount of tax already deducted for accounting purposes. 45% of the gainsbefore tax are then added back to Tier 2 capital on a currency by currency basis. Net unrealisedlosses are not restated,- Unrealised gains or losses recognised in other comprehensive income from cash flow hedges areneutralised,- For other financial instruments, including debt instruments or loans and receivables, unrealised gainsor losses are also neutralised,- Unrealised losses on available-for-sale assets recognised through profit or loss are not restated;• Share and merger premiums;• Retained earnings;• Net earnings for the current financial year, i.e. net income Group share, less a provision for estimatedpayment of dividends;• Funds deemed by the French Regulatory Control Authority to fulfill the conditions for inclusion inTier 1 capital, and which are not hybrid instruments such as those referred to below. At 30 June 2012,Crédit Agricole S.A. had a €1 billion shareholders’ advance from the Regional Banks that was classified inthis category and partially redeemed;• Minority interests : the share of minority interest in stakes held by Crédit Agricole S.A. as well as the T3CJ(see Note 5.7 to the consolidated financial statements) which have received approval from the FrenchRegulatory Control Authority to not be included in the category of hybrid instruments below.• The following items are deducted:- treasury shares held, valued at their book value,- intangible assets including start-up costs and goodwill.Page 98 sur 237
Crédit Agricole S.A.Update of the 2011 registration document - A03B. Hybrid instruments (including preferred shares)These include non-innovative capital instruments and innovative capital instruments, the latter with a strongrepayment incentive notably via a step-up mechanism. Hybrid instruments consist of the deeplysubordinated notes issued under the terms of Article L. 228-97 of the French Commercial Code, as amendedby the French Financial Security Act of 1 August 2003, and preferred securities issued under UK and USlaws, which come from the consolidation of ad hoc vehicles for the indirect issue of hybrid instruments.Note 5.11 to the consolidated financial statements “Equity” presents, in particular, the capital compositionand details of the preference shares.Under the terms of CRD 2, applicable at end-2010, a grandfather clause (Article 5.II of Regulation No. 90-02as amended by the decree of 29 December 2010) has been provided for non-innovative and innovativehybrid instruments already issued, which do not comply with the eligibility criteria specified by Article 2.b ofRegulation No. 90-02 (amended), in particular concerning the loss absorption conditions. This clause appliesto all the hybrid instruments in stock as at 31 December 2010 and provides for limits as of 2020 to the totalexposures in the form of hybrid instruments.These hybrid instruments will be included in Tier 1 capital subject to prior approval by the GeneralSecretariat of the French Regulatory Control Authority (SGACP).Hybrid instruments are subject to certain limits relative to Tier 1 capital (before the deductions set out initem 3 below):• “innovative” hybrid instruments, as defined above, are limited to 15% of Tier 1 capital subject to priorapproval from the SGACP providing that they meet the criteria for eligibility as Tier 1 capital;• total hybrid instruments – both innovative and non-innovative – may not exceed 35% of Tier 1 capital;• hybrid instruments (including the aforementioned preferred shares), and the aforementioned minorityinterests, taken collectively, may not exceed 50% of Tier 1 capital.Page 99 sur 237
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