EBA · 2021_6066 Rejected question

Calculation of the exposure value of regular-way purchases and sales awaiting settlement

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
429(6) and 429g
Topic
Leverage ratio
Submitted by
Individual
Submitted
2021-07-01

Question

Should a Regular Way operation (under settlement date accounting and DVP) that doesn't have an underlying security but mere currency be reported in row 188? In other words, is the presence of a security mandatory to qualify what has to be reported in rows 188/189?

Background

Definition of Regular Way seems different between BASEL III and CRR.   In reporting rows 188/189, template C 47.00, article 429(6) states that "for the purposes of point (e) of paragraph 4 of this Article and Article 429g, ‘regular-way purchase or sale’ means a purchase or a sale of a security under contracts for which the terms require delivery of the security within the period established generally by law or convention in the marketplace concerned".  Point 30 of "Leverage Ratio" in the document "Basel III: Finalising post-crisis reforms" instead points out that "For the purpose of the leverage ratio exposure measure, banks using trade date accounting must reverse out any offsetting between cash receivables for unsettled sales and cash payables for unsettled purchases of financial assets that may be recognised under the applicable accounting framework".  Thus it seems that CRR definition considers only securities, while Basel III uses a wider definition of financial assets.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2021_6066

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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