+SECTION 5 Investment in securitisation positions
---+Article 50 Definitions
---+Article 51 Requirements for retained interest
------+Article 51 1.
------+Article 51 2.
---+Article 52 Qualitative requirements concerning sponsors and originators
---+Article 53 Qualitative requirements concerning AIFMs exposed to securitisations
------+Article 53 1.
------+Article 53 2.
------+Article 53 3.
------+Article 53 4.
------+Article 53 5.
---+Article 54 Corrective action
------+Article 54 1.
------+Article 54 2.
---+Article 55 Grandfathering clause
---+Article 56 Interpretation

SECTION 5 Investment in securitisation positions

SECTION 5 Investment in securitisation positions

1. Panoramica

,
Titolo Regolamentazione
Article 50 Definitions

Article 50

Definitions

For the purposes of this Section:

(a) 

‘securitisation’ means a securitisation within the meaning of Article 4(36) of Directive 2006/48/EC;

(b) 

‘securitisation position’ means a securitisation position within the meaning of Article 4(40) of Directive 2006/48/EC;

(c) 

‘sponsor’ means a sponsor within the meaning of Article 4(42) of Directive 2006/48/EC;

(d) 

‘tranche’ means a tranche within the meaning of Article 4(39) of Directive 2006/48/EC.

Article 51 Requirements for retained interest
Article 52 Qualitative requirements concerning sponsors and originators

Article 52

Qualitative requirements concerning sponsors and originators

Prior to an AIFM assuming exposure to the credit risk of a securitisation on behalf of one or more AIFs, it shall ensure that the sponsor and originator:

(a) 

grant credit based on sound and well-defined criteria and clearly establish the process for approving, amending, renewing and re-financing loans to exposures to be securitised as they apply to exposures they hold;

(b) 

have in place and operate effective systems to manage the ongoing administration and monitoring of their credit risk-bearing portfolios and exposures, including for identifying and managing problem loans and for making adequate value adjustments and provisions;

(c) 

adequately diversify each credit portfolio based on the target market and overall credit strategy;

(d) 

have a written policy on credit risk that includes their risk tolerance limits and provisioning policy and describes how it measures, monitors and controls that risk;

(e) 

grant readily available access to all materially relevant data on the credit quality and performance of the individual underlying exposures, cash flows and collateral supporting a securitisation exposure and such information that is necessary to conduct comprehensive and well informed stress tests on the cash flows and collateral values supporting the underlying exposures. For that purpose, materially relevant data shall be determined as at the date of the securitisation and where appropriate due to the nature of the securitisation thereafter;

(f) 

grant readily available access to all other relevant data necessary for the AIFM to comply with the requirements laid down in Article 53;

(g) 

disclose the level of their retained net economic interest as referred to in Article 51, as well as any matters that could undermine the maintenance of the minimum required net economic interest as referred to in that Article.

Article 53 Qualitative requirements concerning AIFMs exposed to securitisations
Article 54 Corrective action
Article 55 Grandfathering clause

Article 55

Grandfathering clause

Articles 51 to 54 shall apply in relation to new securitisations issued on or after 1 January 2011. Articles 51 to 54 shall, after 31 December 2014, apply in relation to existing securitisations where new underlying exposures are added or substituted after that date.

Article 56 Interpretation

Article 56

Interpretation

In the absence of specific interpretation given by ESMA or by the Joint Committee of the European Supervisory Authorities, the provisions of this Section shall be interpreted in a consistent manner with the corresponding provisions of Directive 2006/48/EC and with the Guidelines to Article 122a of the Capital Requirements Directive of 31 December 2010 ( 2 ) issued by the Committee of European Banking Supervisors and their subsequent amendments.

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

Requisiti
Fonte Requisito

3. Standard correlati

Standard
Fonte Requisito