EIOPA · 1118

1118

Regulation
(EU) No 2015/2450 - templates for the submission of information to the supervisory authorities
Article
35
Submitted
2017-04-19
Answered
2019-09-24

Question

Considering the Q&A nr.562 provided on the 18th of March 2016 related to template S.06.02 where it is stated that in fact callable bonds without any structured feature besides the early redemption option should be classified as bonds, and not as structured products, do you consider bonds with make whole callability as well as callable bonds? Please advise.

Answer

Whole callable bonds" as well as "callable bonds" are considered traditional securities (i.e. not structured notes) therefore they should be classified as bonds. Annex VI of the Commission Implementing Regulation (EU) 2015/2450 with regard to the templates for the submission of information to the supervisory authorities according to Directive 2009/138/EC defines "Structure notes" as "Hybrid securities, combining a fixed income (return in the form of fixed payments) instrument with a series of derivative components. Excluded from this category are fixed income securities that are issued by sovereign governments. Concerns securities that have embedded one or a combination of categories of derivatives, including Credit Default Swaps (CDS), Constant Maturity Swaps (CMS), Credit Default Options (CDOp). Assets under this category are not subject to unbundling.

This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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