EBA · 2014_781 Archive

Outlfows associated with shorts

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
423, para. 4
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2014-01-28
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Does Article 423(4) of Regulation (EU) No. 575/2013 only cover assets that the institution itself has sold short, or client short positions originated from an institution’s Prime Brokerage business, or both?

Background

Article 423(4) states 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.”

Answer

According to Article 423(4) of Regulation (EU) No. 575/2013 (CRR) "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." This covers the assets that the institution itself has sold short. For clients' short positions originated from an institution's Prime Brokerage business, in so far it can result in a contingent funding liability for the institution, Article 420(2) of the CRR should be applied, according to which "Institutions shall regularly assess the likelihood and potential volume of liquidity outflows during the next 30 days as far as products or services are concerned, which are not captured in Articles 422, 423 and 424, and which they offer or sponsor or which potential purchasers would consider to be associated with them, including but not limited to liquidity outflows resulting from any contractual arrangements such as other off-balance sheet and contingent funding obligations". Following the assessment set out in Article 420(2) of the CRR, the competent authorities shall determine the outflow rate to be applied to client short positions originated from an institution's Prime Brokerage business. This answer is without prejudice to further guidance which may be provided in the context of the delegated act on the liquidity coverage ratio.

Original source: European Banking Authority, Q&A ID 2014_781

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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