EBA · 2015_2137 Final Q&A

Reporting of past due exposures

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
99
Topic
Supervisory reporting - FINREP (incl. FB&NPE)
Submitted by
Credit institution
Submitted
2015-07-17
Answered
2019-10-04
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

How to determine when an exposure is past due? In Legal acts there are two different explanations. 1. According to Annex V. Part 2, paragraph 48 Assets qualify as past due when counterparties have failed to make a payment when contractually due. It is understood that any overdue payment shall be taken into account (including penalties). 2. According to EBA/ITS/2013/03/rev1, paragraph 150 For the purpose of template 18, an exposure is “past-due” when any amount of principal, interest or fee has not been paid at the date it was due (excluding penalties).

Background

It is unclear what is the right method of how to determine the past due exposures. Penalties should be taken into account in determining past due exposures?

Answer

Penalties are not excluded from paragraph 96 of Annex V (reporting framework v2.8) of Regulation (EU) No 680/2014 – ITS on Supervisory Reporting of institutions (ITS on reporting) and therefore shall be taken into account when assessing the past-due status.

Original source: European Banking Authority, Q&A ID 2015_2137

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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