EBA · 2021_5773 Final Q&A

Maturity calculation under IRB for exposures that only have contractual cashflows in the form of fees

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
162, para. 2
Topic
Credit risk
Submitted by
Credit institution
Submitted
2021-03-09
Answered
2021-12-17
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Does Article 162(2)(a) of Regulation (EU) No 575/2013 (CRR) apply to exposures for which cash flow schedules contractually payable by the obligor are only fee-related (e.g., as in the case of guarantees)?

Background

Article 162(2) of CRR sets forth how to calculate the maturity parameter (M) for institutions that have received the permission of the competent authority to use own LGDs and own conversion factors for exposures to corporates, institutions or central governments and central banks pursuant to Article 143. Under point (a) of Article 162(2), the CRR defines how to calculate M for an instrument subject to a cash flow schedule. Under the formula to calculate M, cash flows are defined as principal, interest payments and fees contractually payable by the obligor. In this context, we are seeking for clarification on whether exposures that only have contractual cashflows in the form of fees are also subject to maturity calculation as per Article 162(2)(a).

Answer

Article 162(2) of Regulation (EU) No 575/2013 as amended (CRR) describes how the maturity value (M) shall be calculated for institutions that have received a permission in accordance with the second subparagraph of paragraph 1 of that Article or have received the permission of the competent authority to use own LGDs and own conversion factors for exposures to corporates, institutions or central governments and central banks pursuant to Article 143 CRR.   Article 162(2)(a) CRR describes how M shall be calculated for instruments subject to a cash-flow schedule where “cash-flows (principal, interest payments and fees)” are contractually payable by the obligor in a period t.   For the purpose of said point (a) of Article 162(2) CRR, cash-flows in a certain period t should be considered as any amount of principal, interest payments and fees (if any), contractually payable by the obligor in that period t. It does not mean that the formula set out in that point shall only be applied where the respective instrument is subject to cash-flows composed by all three components - principal, interest payments and fees.   Therefore, if the instrument is subject to a cash-flow schedule, where cash-flows are exclusively composed by fees contractually payable by the obligor in period t, the requirements in accordance with point (a) of Article 162(2) shall apply.

Original source: European Banking Authority, Q&A ID 2021_5773

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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