Question ID:
2013_548
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Topic:
Supervisory reporting - Liquidity (LCR, NSFR, AMM)
Article:
415
Paragraph:
1
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
Article/Paragraph:
Article 415
Disclose name of institution / entity:
No
Type of submitter:
Credit institution
Subject Matter:
Article 415 and the treatment of forward starting collateral swaps.
Question:

Article 415 states "The reporting formats shall include all the necessary information and shall allow EBA to assess whether secured lending and collateral swap transactions where liquid assets referred to in points (a), (b) and (c) of Article 416(1) have been obtained against collateral that does not qualify under points (a), (b) and (c) of Article 416(1) have been properly unwound." I assume "collateral swaps" referred to above does not include forward starting collateral swaps. I.e. collateral swaps that have not yet had an initial exchange of paper.

Background on the question:

An answer on this question is required for clarification on the population of Section C 54 under the EBA LCR template.

Date of submission:
21/11/2013
Published as Final Q&A:
04/04/2014
Final Answer:

Article 415(1) second paragraph of the Regulation (EU) No. 575/2013 (CRR) states that "The reporting formats shall include all the necessary information and shall allow EBA to assess whether secured lending and collateral swap transactions where liquid assets referred to in points (a), (b) and (c) of Article 416(1) have been obtained against collateral that does not qualify under points (a), (b) and (c) of Article 416(1) have been properly unwound."

Article 415(1) of the CRR does not explicitly differentiate between forward and spot contracts. Regarding the legal text, the assets must have already been obtained by the institution, which means not only that a contract has been entered into but also that the collateral must have effectively been changed.

 

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