+Article 244 4.

Article 244 4.

In addition to the requirements set out in paragraphs 1, 2 and 3, all of the following conditions shall be met:

(a) 

the transaction documentation reflects the economic substance of the securitisation;

(b) 

the securitisation positions do not constitute payment obligations of the originator institution;

(c) 

the underlying exposures are placed beyond the reach of the originator institution and its creditors in a manner that meets the requirement set out in Article 20(1) of Regulation (EU) 2017/2402;

(d) 

the originator institution does not retain control over the underlying exposures. It shall be considered that control is retained over the underlying exposures where the originator has the right to repurchase from the transferee the previously transferred exposures in order to realise their benefits or if it is otherwise required to re-assume transferred risk. The originator institution’s retention of servicing rights or obligations in respect of the underlying exposures shall not of itself constitute control of the exposures;

(e) 

the securitisation documentation does not contain terms or conditions that:

(i) 

require the originator institution to alter the underlying exposures to improve the average quality of the pool; or

(ii) 

increase the yield payable to holders of positions or otherwise enhance the positions in the securitisation in response to a deterioration in the credit quality of the underlying exposures;

(f) 

where applicable, the transaction documentation makes it clear that the originator or the sponsor may only purchase or repurchase securitisation positions or repurchase, restructure or substitute the underlying exposures beyond their contractual obligations where such arrangements are executed in accordance with prevailing market conditions and the parties to them act in their own interest as free and independent parties (arm’s length);

(g) 

where there is a clean-up call option, that option shall also meet all of the following conditions:

(i) 

it can be exercised at the discretion of the originator institution;

(ii) 

it may only be exercised when 10 % or less of the original value of the underlying exposures remains unamortised;

(iii) 

it is not structured to avoid allocating losses to credit enhancement positions or other positions held by investors in the securitisation and is not otherwise structured to provide credit enhancement;

(h) 

the originator institution has received an opinion from a qualified legal counsel confirming that the securitisation complies with the conditions set out in point (c) of this paragraph.

1. Übersicht

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1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

Anforderungen

3. Zugehörige Standards

Standards