Question ID:
2016_2972
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Topic:
Supervisory reporting - Asset Encumbrance
Article:
100
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (as amended)
Article/Paragraph:
Chapter 7a and Annexes XVI and XVII
Disclose name of institution / entity:
Yes
Name of institution / submitter:
Banco de España
Country of incorporation / residence:
Spain
Type of submitter:
Competent authority
Subject Matter:
Asset encumbrance template F32.04 Sources of Encumbrance – Reporting, on individual basis and consolidated basis, of “Source of encumbrance” for securitisations.
Question:

What should be reported, on an individual basis and on a consolidated basis, as source of encumbrance in case of securitisations in which the securitised assets remain in the balance sheet (i.e, they have not been derecognised)? “Debts securities issued, of which: asset back securities” or “Collateralised deposits other than repurchase agreements”?

Background on the question:

The instructions provided in Regulation (EU) 2015/79 amending Implementing Regulation (EU) No. 680/2014, for template F.32.04 read as follows: (Row) 070 Collateralised deposits other than repurchased agreements Carrying amount of the of the collateralised deposits other than repurchase agreements of the reporting institution insofar as these deposits entail asset encumbrance for that institution. (Row) 110 of which: assets-backed securities issued (in the instructions of the template, the name of this row is “of which: securitisations issued”) Carrying amount of the securitisations issued by the reporting institution insofar as these securities issued entail asset encumbrance for that institution. Asset-back securities are issued by a Special Purpose Securitisation Vehicle to which the assets are transferred. ABS are not recorded by the reporting institutions on their balance-sheet on individual basis but, they might be recorded in the consolidated accounts of the group, as long as the reporting entity has control on the SPSV. Following IAS 39, for transfers of financial assets that do not qualify for derecognition, the entity shall continue to recognise the transferred asset in its entirety and shall recognise a financial liability (a deposit against the SPSV) for the consideration received. Consequently, ABS cannot be selected as source of encumbrance for assets of the reporting institution collateralising securitisations, for entities reporting on individual basis.

Date of submission:
31/10/2016
Published as Final Q&A:
05/03/2021
EBA Answer:

Point 14(g) of Annex XVI of Regulation (EU) No 680/2014 (ITS on supervisory reporting): “Securitisations mean debt securities held by the reporting institution originated in a securitisation transaction as defined in Article 4(61) of Regulation (EU) No 575/2013. For securitisations that remain in the balance sheet (non-derecognised), the rules for covered bonds apply.”
The rules for the reporting of covered bonds are stated in point 14(g) of Annex VII.

Status:
Final Q&A
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