Question ID:
2013_214
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Topic:
Supervisory reporting - FINREP (incl. FB&NPE)
Article:
99
Paragraph:
2
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (as amended)
Article/Paragraph:
Annex V, Part 2, paragraph 63 and Annex III, F 09.02
Disclose name of institution / entity:
No
Type of submitter:
Competent authority
Subject Matter:
Financial guarantees received and other commitments received (F 09.02)
Question:

1) Could you confirm that the item "Financial guarantees received" (see F 09.02, r080 – r140, c010) includes only financial guarantees received as collateral for the institution's liabilities and for institution's financial guarantees given or other commitments given (i.e. it does not include financial guarantees received as collateral for claims/financial assets, given the fact that they are considered as part of information in template F 13.01 Breakdown of loans and advances by collateral and guarantees)? 2) Consequentially we would like to clarify the treatment of other collateral received (either from the customer or from third party) for financial guarantees given and other commitments given (from template F 09.01). Should they be also included in item "Other Commitments received" of template F 09.02 (r150 – r210, c020)?

Background on the question:

We need this information for FINREP mapping.

Date of submission:
05/09/2013
Published as Final Q&A:
14/02/2014
Final Answer:

Template F 13.01 requires a breakdown of collateral and guarantees backing the loans and advances by the nature of the collateral or guarantees. The template has a breakdown by collateral or guarantees stating whether they are loans collateralised by immovable property, collateralised by other collateral or enhanced by financial guarantees received. The amount to report in this template is the 'maximum amount of the collateral or the guarantee that can be considered'.

Template F 09.02 defines a reporting of financial guarantees received by counterparty sector of the issuer of the guarantee. All financial guarantees received by the institution as enhancement for the institution's assets (but not for their liabilities) shall be reported in this template, as opposed to column 050 of template F 13.01, which encompasses only those attached to loans and advances. Therefore, the contracts reported in column 050 of template F 13.01 are a subset of those to be reported in F 09.02.

Guarantees received on off-balance sheet exposure do not meet the definition of 'Financial guarantees'  provided in paragraph 58 of Annex V of the Regulation (EU) No 680/2014 13 ITS on supervisory reporting of institutions (ITS)Draft ITS on supervisory reporting  (a 'financial guarantee' should necessarily cover a debt instrument) and, thus, should be reported as 'Other commitment received'.

Guarantees on the institution's liabilities are not credit risk enhancements received by the institution and, thus, they should never be reported in F09.02.

According to Annex V, paragraph 58 of the Draft ITS, financial guarantees issued by third parties as enhancements of the institution's financial liabilities should not be reported by the institution as they are as financial guarantees received by the holders of the deposits (or the debt securities) issued by the institution. 

Furthermore, when the reporting institution is providing guarantees to some of its own financial liabilities, these guarantees do not increase the credit risk exposure of the institution and, thus they should not be reported in F 09.01. In fact, they do not comply with the definition of 'financial guarantees' as these contracts should cover a debt instrument issued by a party other than the guarantor or the beneficiary of the guarantee.

 

*As of 1/8/2014 the content of this answer was modified to reflect the publication of the final ITS on supervisory reporting of institutions in the Official Journal of the European Union. As a result, the references to the ITS were updated and the disclaimer deleted. For reasons of transparency, revisions are highlighted in track changes.

Status:
Final Q&A
Answer prepared by:
Answer prepared by the EBA.
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