EBA · 2015_2491 Final Q&A

Written Credit Derivatives Add-On MR/NR Netting

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
429d, para. 3
Topic
Leverage ratio
Submitted by
Individual
Submitted
2015-11-29
Answered
2017-06-30
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Under Article 429d(3) of the Regulation (EU) No 575/2013 (CRR), is it allowable to reduce the Add-On exposure of a written credit derivative (CDS) which has a Modified-Restructuring clause by a purchased credit derivative (CDS) which has No-Restructuring clause (where both CDS contracts have the same maturity, seniority and underlying reference entity)?

Background

Via pricing, many market participants assign the same probability of a credit event to a CDS with a Modified-Restructuring clause as to a CDS with No-Restructuring clause. Therefore, it may be considered that a CDS with No-Restructuring clause and a CDS with a Modified-Restructuring clause rank pari-passu.

Answer

The effective notional amount of a written credit derivative that commits to pay in a restructuring event should not be reduced by the effective notional amount of a purchase credit derivative that does not offer the same protection. In other words, the purchased credit derivative should always offer at least the same protection. Therefore, if a written credit derivative commits to pay in a number of  credit events (e.g. restructuring), and with all other terms being the same, a purchased credit derivative should also cover at least the same credit events in order to be considered subject to the same or more conservative material terms ranking pari passu for the purpose of Article 429a(5)(a) 429d(3)(b) CRR, as further described in. Article 429d(4) CRR . Conversely, if a written credit derivative does not commit to pay in a given credit event (e.g. restructuring) , and with all other terms being the same, a purchased credit derivative may (but does not need to) commit to pay in this given credit event to be considered subject to the same or more conservative material terms ranking pari passu for the purpose of Article 429a(5)(a) 429d(3)(b) CRR.

Original source: European Banking Authority, Q&A ID 2015_2491

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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