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Section 10b

Relationship of the capital buffer requirements to other capital requirements and to the own funds recommendation

To meet the capital buffer requirements under sections 10c to 10g, institutions may not use Common Equity Tier 1 capital that is necessary for
1. meeting the own funds requirement under Article 92(1)(a) to (c) of Regulation (EU) No 575/2013,
2. covering the risk-based component of the requirements under Articles 92a and 92b of Regulation (EU) No 575/2013,
3. meeting the additional own funds requirements under section 6c,
4. meeting the own funds recommendation under section 6d,
5. meeting the increased own funds requirements under section 10(3),
6. meeting the increased own funds requirements under section 10(4),
7. meeting any of the other applicable capital buffer requirements under sections 10c to 10g, and
8. meeting the own funds requirement under sections 49 to 51 of the Recovery and Resolution Act. The first sentence applies correspondingly to institutional groups, financial holding groups, and mixed financial holding groups to which at least one institution belongs that must meet the requirement under the first sentence at individual institution level, and to institutions within the meaning of Article 22 of Regulation (EU) No 575/2013.

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