- Question ID
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2026_7744
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Supervisory reporting - FINREP (incl. FB&NPE)
- Article
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Article 430
- Paragraph
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3
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Regulation (EU) 2024/3117 - ITS on supervisory reporting of institutions
- Article/Paragraph
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F09.2 / F13.1 / F18.0 / F 18.2
- Type of submitter
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Credit institution
- Subject matter
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Reporting guarantees that are received to secure a pool of underlying securitized exposures/securitisation positions in a synthetic securitisation transaction
- Question
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Should guarantees that are received for securitisation positions in a synthetic securitisation transaction and treated as unfunded credit protection for prudential requirements purposes be reported in FINREP? If so, in which FINREP templates these guarantees should be reported?
- Background on the question
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In synthetic securitisation transactions credit risk of a portfolio of selected exposures is transferred by originators to third-parties by the use of credit derivatives or guarantees, and the exposures being securitised remain exposures of the originator. The securitisation positions created in a synthetic securitisation transaction are treated in accordance with Part III Title II Chapter 5 (Securitisation Framework) of Capital Requirements Regulation (Regulation EU 575/2013) and the guarantees that are received in the context of these securitisation transactions are recognized as credit risk mitigation for the securitisation positions. In that regard, from a prudential requirements perspective, these guarantees (i.e. unfunded credit protection) are a guarantee to the securitisation positions that are created via the synthetic securitisation transactions.
On the other hand, these securitisation guarantees should in our view qualify as financial guarantee contracts as defined by IFRS 9. In case the financial guarantee is obtained to mitigate the credit risk of the bank and provide RWEA relief for an already existing portfolio of loans, the guarantee is not considered to be integral to the contractual terms of the financial assets (i.e underlying securitized exposures) included in the reference portfolio. Additionally, as the credit risk of underlying exposures are split into tranches of securitisation structures, usually there is no one-to-one relationship between the underlying exposures and the securitisation guarantees.
Considering the above, could EBA provide guidance on whether these securitisation guarantees should be reported in FINREP, specifically in templates F9.2 / F13.1 / F18.0 / F18.2? The difference we observe between templates F13.1, F18.0 and F18.2 on one side and F9.2 on the other side, is that in the former the amount of guarantees received has to be linked to the specific assets (e.g. loans and advances) reported in the rows, whereas in F9.2 it only has to be linked to the counterparty that provided the guarantee. Because as indicated above, the one-to-one relationship between the underlying exposures and the securitization guarantee does not have to be there, reporting in F13.1, F18.0 and F18.2 would benefit from further guidance.
- Submission date
- Final publishing date
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- Final answer
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In accordance with IT solutions t(paragraph 102 in Part 2 of Annex V to Regulation (EU) 2024/3117), the off-balance sheet items listed in Annex I to CRR shall be reported in template F 09.02.
In this template, the scope of ‘financial guarantees received' includes those contracts that meet the definition of financial guarantee under IFRS 9 (IT solutions-par. 114, Part 2 of Annex V) and these financial guarantees received shall be reported by counterparty sector of the issuer of the guarantee (IT solutions- par. 44 (h), Part 1 of Annex V).
For templates F. 13.01, F. 18.00 and F. 18.02 the definition of ‘financial guarantees’ is the same as that of template F 9.2. However, there are the following differences in terms of reporting in these templates:
- In template F13.01, only financial guarantees received to secure loans and advances shall be reported, whereas template F 09.02 requires to report all the financial guarantees received, regardless of the type of the asset to which they are related.
- In template F 09.02, the 'maximum amount of guarantee that can be considered' is the maximum amount that the counterparty could have to pay if the guarantee is called on (IT solutions- par. 119, Part 2 of Annex V), while in templates F 13.01, F18.00 and F 18.02, this amount shall not exceed the carrying amount of the related exposure (par. 172, Part 2 of Annex V).
- In template F 09.02, the breakdown by counterparty, is based on the issuer of the guarantee, while in templates F 13.01, F. 18.00 and F 18.02, the counterparties are identified with reference to the underlying financial instrument.
Considering above, the following reporting should apply:
- In templates F 9.02, F 13.01, F 18.00 and F. 18. 02, the amount of financial guarantees that are received in the context of synthetic securitisation transactions of loans and advances and that meet the definition of financial guarantee contracts in IFRS 9 should be reported.
- In templates F 18.00 and F 18.02, the segment of credit risk that is contractually covered through the tranched securitisation mechanism in relation to an exposure or a pool of exposures should also be reported. This treatment applies even where, in a synthetic securitisation, there is no one‑to‑one relationship between individual underlying exposures and the securitisation guarantee, as the guarantee operates at tranche level to mitigate credit risk. The amount of guarantee reflects the credit risk mitigation through tranching and is not dependent on the existence of a one‑to‑one correspondence between the underlying exposures and the guarantees.
Furthermore, in template F 09.02, when a financial guarantee received has been issued by more than one guarantor, the guaranteed amount shall be reported only once in those templates, and the guaranteed amount shall be allocated to guarantor that is more relevant for the mitigation of credit risk (IT solutions- par. 119, Part 2 of Annex V).
This answer is consistent with the guidance provided in Q&A 2023_6773, which clarifies the determination of the amount of financial guarantees to be reported in templates F 09.02 and F 13.01.
- Status
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Final Q&A
- Answer prepared by
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Answer prepared by the EBA.
Disclaimer
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