EBA · 2013_159 Final Q&A

Uncollateralised stock borrowing (unsecured) Transactions

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
416, 416, 423, 423, para. 1, 3, 4, 5(b)
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2013-08-14
Answered
2013-11-29
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

How should uncollateralised (unsecured) stock borrowing due with 30 days be reported? Such transactions will have an impact on the liquidity position of the institution: 1) If the securities borrowed qualify under Article 416(1) as liquid assets 2) If the securities borrowed do not qualify under Article 416 but have been re-pledged and used to raise funding for the institution with a maturity beyond 30 days 3) If the securities borrowed have been used to cover institution shorts.

Background

The impact of uncollateralised (unsecured) stock borrowing does not seem to be covered under Regulation (EU) No 575/2013 (CRR). Unsegregated client assets co-mingled with the institutions own stock (under re-hypothecation rights) would also represent an uncollateralised borrowing of stock unless a collateralised borrow is booked to reflect the borrowing.

Answer

Article 416(3) of Regulation (EU) No. 575/2013 CRR sets out the conditions which must be fulfilled in order to report as liquid assets the assets listed in Article 416(1). Article 417 sets out the operational requirements for holdings of liquid assets. In relation to securities borrowed that are re-used as collateral to secure financing with a maturity below 30 days, Article 423(5)(b) of CRR specifies that “The institution shall add an additional outflow corresponding to: collateral that is due to be returned to a counterparty”, i.e. in this case, when collateral borrowed on an unsecured basis is due to be repaid within the 30 day period, the institution shall report this as an additional outflow. In relation to a security borrowed that is due to be returned within 30 days and that is sold short, Article 423(4) specifies that “The institution shall add an additional outflow corresponding to the market value of securities or other assets sold short and to be delivered within the 30 days horizon, unless the institution owns the securities to be delivered or has borrowed them at terms requiring their return only after the 30 day horizon and the securities do not form part of the institutions liquid assets”.

Original source: European Banking Authority, Q&A ID 2013_159

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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