+Guidelines on conditions for the application of the alternative treatment of institutions’ exposures related to tri-party repurchase agreements (EBA/GL/2021/01)
---+1. Compliance and reporting obligations
------+1.1. Status of these guidelines
---------+1. This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010. …
---------+2. The guidelines set out the EBA’s view of appropriate supervisory practices within the European …
------+1.2. Reporting requirements
---------+3. In accordance with Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must …
---------+4. Notifications will be published on the EBA website, in line with Article 16(3) of Regulation …
---+2. Subject matter, scope and definitions
------+Subject matter
---------+5. These guidelines specify, in accordance with the mandate set out in Article 403(4) of Regulation …
------+Scope of application
---------+6. These guidelines apply in relation to institutions’ exposures to collateral issuers due to …
------+Addressees
---------+7. These guidelines are addressed to competent authorities as defined in point (i) of Article 4(2) …
------+Definitions
---------+8. Unless otherwise specified, the terms used and defined in Regulation (EU) No 575/2013 and …
---+3. Implementation
------+3.1 Date of application
---------+9. These guidelines apply from 28 June 2021.
---+4. Conditions for the application of the alternative treatment
------+10. Institutions should rely on a tri-party agent for the use of the alternative treatment only …
------+4.1 Governance arrangements
---------+11. For the purposes of these guidelines, institutions should ensure, in accordance with the EBA …
------+4.2 Verification of the establishment of appropriate safeguards by the tri-party agent to prevent breaches of the limits specified by the institution for the securities issued by the collateral issuer
---------+12. For the purposes of verifying that the tri-party agent has put in place appropriate safeguards …
---------+13. The safeguards that the tri-party agent should put in place to ensure compliance with the …
---------+14. Institutions should obtain, at least annually, an adequate level of assurance in the form of a …
------+4.3 Determination, revision and monitoring of the limits specified by the institution to the tri-party agent for the securities issued by the collateral issuer
---------+15. Institutions should determine specific limits for each collateral issuer and, if deemed …
---------+16. Limits should be expressed as an absolute amount or percentage value of all securities or a …
---------+17. With a view to determining the specified limits, institutions should set up eligibility …
---------+18. For the purposes of determining the specified limit applicable to a portfolio of securities by …
---------+19. In addition to the elements mentioned in paragraphs 17 and 18, institutions should set limits …
---------+20. Institutions should ensure that the service agreement includes the circumstances under which …
---------+21. In particular, institutions should be in the position to request the revision of the specified …
---------+22. In determining the circumstances referred to in paragraph 20, institutions should consider …
---------+23. The revision of the specified limits should take the form of a change of the absolute amount of …
---------+24. The revision of the specified limits should be possible during the lifetime of the service …
---------+25. Where institutions make use of the alternative treatment, they should verify that the systems …
---------+26. In particular, institutions should verify that the tri-party agent’s monitoring systems allow …
---------+27. Institutions should also verify that the tri-party agent manages the collateral revaluation …
------+4.4 Ensuring compliance with the large exposure limits of Article 395(1) of Regulation (EU) No 575/2013
---------+28. Institutions should ensure that the use of the alternative treatment does not lead to a breach …
---------+29. Where a breach of the specified limits has occurred, the tri-party agent should inform the …
---------+30. The institution’s management body should be informed without undue delay of any breaches of the …
---------+31. Without prejudice to the actions by the tri-party agent to remedy any breach of the specified …
------+4.5 Communication with competent authorities
---------+32. Where an institution intends to make use of the alternative treatment with a tri-party agent …
---------+33. The competent authority should have access to all the information deemed necessary to verify …
---------+34. Where an institution intends to terminate the agreement concluded with a tri-party agent, it …
---------+35. A material concern about the use of the alternative treatment should be based at least on any …
---------+36. Upon receipt of the notification set out in section 4.5.1, the competent authority should …
---------+37. Institutions should not use the alternative treatment until the competent authority has …
---------+38. If an institution is already making use of the alternative treatment and subsequently the …
---------+39. The institution should only resume the use of the alternative treatment where, within the …
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Guidelines on conditions for the application of the alternative treatment of institutions’ exposures related to tri-party repurchase agreements (EBA/GL/2021/01)

Guidelines on conditions for the application of the alternative treatment of institutions’ exposures related to tri-party repurchase agreements (EBA/GL/2021/01)

https://www.eba.europa.eu/legacy/regulation-and-policy/regulatory-activities/large-exposures/guidelines-conditions – PDF

1. Overview

,
Summary Regulation
1. Compliance and reporting obligations

1. Compliance and reporting obligations

2. Subject matter, scope and definitions

2. Subject matter, scope and definitions

3. Implementation

3. Implementation

4. Conditions for the application of the alternative treatment

4. Conditions for the application of the alternative treatment

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement

Linked Issues

  • EBA - Published by the European Banking Authority at https://www.eba.europa.eu/