+3. EBA Guidelines on significant risk transfer for securitisation transactions
---+Status of these Guidelines
---+Reporting Requirements
---+Title I – Scope of application and general principles
------+1. Scope of application
------+1. These Guidelines apply to: a. originator institutions subject to Article 243 and 244 of …
------+2. Originator institutions should apply (i) the general requirements set out in these Guidelines …
------+3. Competent authorities should apply these Guidelines in the following situations: a. when …
------+4. In addition to the data to be provided to the EBA in accordance with Articles 243(6) and 244(6) …
------+1. Fulfilment of the conditions laid down in points (a) or (b) of either of the Articles 243(2) or …
------+2. Competent authorities should ensure that procedures exist for the identification of such …
------+3. The conditions for achieving SRT to third parties should be satisfied on a continuous basis.
------+4. Originator institutions should assess the reliance placed on external credit assessments in …
---+Title II- Criteria for competent authorities in case of application of Article 243(2) or Article 244(2) of Regulation (EU) No 575/2013
------+1. With regard to those securitisation transactions meeting the conditions for achieving SRT in …
---+Title III - Requirements for competent authorities in case of application of Article 243 (4) or Article 244 (4) of Regulation (EU) No 575/2013 and in case of application of Article 243(2) or Article 244(2) of Regulation (EU) No 575/2013 where any of the circumstances in accordance with Title II applies
------+4. Assessment of the significance of the credit risk transfer
------+1. Competent authorities should assess the documentation and evidence provided by the originator …
------+2. Competent authorities should consider whether the originator institution has sufficient …
------+3. In the case where the originator institution is relying on the supervisory formula to determine …
------+5. Assessment of structural features
------+1. Competent authorities should assess if there are structural features in a transaction which …
------+2. For traditional securitisations, only the following call options granted to originator …
------+3. Furthermore, and to avoid any uncertainty, for traditional securitisation, any option granted to …
------+4. For synthetic securitisations, any option granted to securitisation investors or credit …
------+5. Competent authorities should consider if the originator institution has in the past repurchased …
------+6. Where transactions include replenishment periods, competent authorities should consider the …
------+7. Competent authorities should consider that transactions do not include any embedded mechanism at …
------+1. Competent authorities should consider if there are maturity or currency mismatches between the …
------+2. Competent authorities should assess maturity mismatches for transactions where asset pools are …
------+3. Competent authorities should assess currency mismatches for transactions where asset pools …
------+1. Where the securitisation is achieved synthetically using a credit derivative or a guarantee …
------+2. Competent authorities should consider the credit events that are covered by the credit …
------+3. If premia paid to credit protection provides are not recognised in the profit and loss account …
------+4. Where premia are paid up-front, or not linked to losses in the asset pool being protected or …
------+1. Competent authorities should assess whether significant credit risk is transferred to third …
------+1. Where an originator institution is using the Ratings Based Method as specified in Article 261 of …
------+1. Competent authorities should consider whether the originator institution has appropriate …
---+Title IV - Requirements for originator institutions
------+1. Originator institutions should provide the competent authority with all requested information of …
------+2. Originator institutions should at least notify the relevant competent authority of any …
------+1. Originator institutions should have a governance process in place for evaluating transactions …
------+2. Originator institutions should have appropriate systems and controls regarding SRT through …
------+3. Originator institutions should have policies and methodologies in place that ensure ongoing …
------+1. Originator institutions should have policies and methodologies in place that ensure the possible …
------+2. Originator institutions’ SRT policies should be part of their broader capital allocation …
------+3. Originator institutions should make an assessment of the risks involved on any potential …
------+4. When conducting their SRT assessment, originator institutions should also consider whether the …
------+5. Originator institutions should analyse whether they can prudently afford the premia payable …
------+1. Originator institutions should use appropriate methods and procedures to assess and demonstrate …
------+2. Originator institutions should assess the expected loss (EL) and the unexpected loss (UL) of the …
------+3. Originator institutions should consider the transaction structure and structural features of the …
------+4. In order to identify such factors that may undermine the transfer of credit risk and SRT to …
---+Title V- Final Provisions and Implementation
---+Annex 1 – Reporting Template for Competent Authorities
|
3. EBA Guidelines on significant risk transfer for securitisation transactions
3. EBA Guidelines on significant risk transfer for securitisation transactions
1. Forbhreathnú
| Teideal |
Rialáil |
|
Status of these Guidelines
|
This document contains guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (‘ the EBA Regulation’ ). In accordance with Article 16(3) of the EBA Regulation, competent authorities and financial institutions must make every effort to comply with the guidelines. Guidelines set out the EBA’s view of appropriate supervisory practices within the European System of Financial Supervision or of how Union law should be applied in a particular area. The EBA therefore expects all competent authorities and financial institutions to whom guidelines are addressed to comply with these guidelines. Competent authorities to whom guidelines apply should comply by incorporating them into their supervisory practices as appropriate (e.g. by amending their legal framework or their supervisory processes), including where guidelines are directed primarily at institutions.
|
|
Reporting Requirements
|
In accordance with Article 16(3) of the EBA Regulation, competent authorities must notify the EBA as to whether they already comply or intend to comply with these Guidelines, or notify the EBA of their reasons for non-compliance, by 07.09.2014. If no notification is received by this deadline, the EBA will consider competent authorities to be non-compliant. Notifications should be submitted by sending the form provided in Section 5 to compliance@eba.europa.eu quoting the reference ‘EBA/GL/2014/05’. Notifications should be submitted by persons with appropriate authority to report compliance on behalf of their competent authorities. Notifications will be published on the EBA website, in line with Article 16(3) of the EBA Regulation.
|
|
Title I – Scope of application and general principles
|
Title I – Scope of application and general principles
|
|
Title II- Criteria for competent authorities in case of application of Article 243(2) or Article 244(2) of Regulation (EU) No 575/2013
|
3. Criteria to determine when competent authorities should conduct a comprehensive review of SRT in case of application of Article 243(2) or Article 244(2) of Regulation (EU) 575/2013
|
|
Title III - Requirements for competent authorities in case of application of Article 243 (4) or Article 244 (4) of Regulation (EU) No 575/2013 and in case of application of Article 243(2) or Article 244(2) of Regulation (EU) No 575/2013 where any of the circumstances in accordance with Title II applies
|
Title III - Requirements for competent authorities in case of application of Article 243 (4) or Article 244 (4) of Regulation (EU) No 575/2013 and in case of application of Article 243(2) or Article 244(2) of Regulation (EU) No 575/2013 where any of the circumstances in accordance with Title II applies
|
|
Title IV - Requirements for originator institutions
|
Part 1 - General requirements for all transactions claiming SRT under Article 243 and 244 of Regulation (EU) No 575/2013 11. Requirements relating to SRT
|
|
Title V- Final Provisions and Implementation
|
National competent authorities should implement these Guidelines by incorporating them in their supervisory procedures within six months of adoption. Thereafter, national competent authorities should ensure that institutions fully comply with these Guidelines for all transactions entered into after the adoption of these Guidelines.
|
|
Annex 1 – Reporting Template for Competent Authorities
|
Name of the Competent Authority Transaction X NSA asse s sment date: DD/MM/YYYY NSA review outcome : | CRR - Article of application : Reason for comprehensive assessment: Originators call options included in transaction: | | | <243(2), 243(4), 244(2), 244(4)> <GL Title II para 1, other> <yes, no> | | Coll l ateral Type: | | {RMBS, Leveraged | CMBS, Student Loans, Corporate Loans, loans, CRE Loan, Trade Finance, etc.} |
Reference Currency ("Ccy"): Deal Notional (in Ccy): mm RWA Pre Securitisation (in Ccy): mm Pre Securitisation Capital Deductions (in Ccy): mm RWA Equivalent of Pre Sec Capital Deduc (in Ccy): = Pre Securitisation Capital Deductions (in Ccy) / 8% Total RWA Equiv Pre Securitisation (in Ccy): = RWA Equivalent of Pre Sec Capital Deduc (in Ccy) + | RWA Post Securitisation on Retained Tranches (in Ccy): Post Securitisation Capital Deductions (in Ccy): RWA Equivalent of Post Sec Capital Deduc (in Ccy): | = Post | Securitisation | RWA Pre Securitisation (in Ccy) mm mm Capital Deductions (in Ccy) / 8% | | Total RWA Equiv Post Securitisation (in Ccy): | = RWA RWA | Equivalent Post Securitisation | of Post Sec Capital Deduc (in Ccy) + on Retained Tranches (in Ccy) |
RWA Reduction Sought After (in Ccy): = Total RWA Equiv Pre Securitisation (in Ccy) - Total | RWA Reduction Sought After (in %): | = | RWA RWA Reduction | Equiv Post Securitisation (in Ccy) Sought After (in Ccy) / Total RWA Equiv Pre Securitisation (in Ccy) |
First Loss Tranche (in Ccy): mm First Loss Tranche (in %): % First Loss Tranche Retained?: % First Loss Tranche Retained: % Mezzanine Tranche (in Ccy): mm Mezzanine Tranche (in %): % Mezzanine Tranche Retained?: % Mezzanine Tranche Retained: % Senior Tranche (in Ccy): mm Senior Tranche (in %): % Senior Tranche Retained?: % Senior Tranche Retained: % Attachment Point of Risk Sold (%) : % Detachment Point of Risk Sold (%) : % Reference Portfolio Size (in Ccy) : mm EL (in Ccy): mm EL (in %): = EL / Reference Portfolio Size EL+UL (in Ccy): mm EL+UL (in %): = (EL+UL) / Reference Portfolio Size Risk Transfer Claimed by Originator Institution (%): % | Qualitative information on assessment | NSA originator securitisations, | should assessment approval | include narrative information on the of SRT and key considerations for including on structural features (incl. call options), issues related to synthetic SRT to third parties, credit ratings, etc (if relevant) |
|
,
1.1 Tagairtí
1.2 Ceanglais aitheanta
1.3 Caighdeáin ghaolmhara
2. Ceanglais aitheanta
Ceanglais
| Foinse |
Ceanglas |
3. Caighdeáin ghaolmhara
Caighdeáin
| Foinse |
Ceanglas |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
|