ESMA · ESMA_QA_1366 Answer Published

Reason for Default or Foreclosure

Regulation
Securitisation Regulation (EU) 2017/2402
Topic
Securitisation Disclosure Templates
Submitted
2020-05-28
Answered
2020-05-28

Question

Article 178 of the Capital Requirements Regulation (Regulation (EU) No 575/2013) provides the originator with the option to decide what is likely and unlikely in terms of meeting credit obligations. Will an originator be asked to provide its rationale for its interpretation?

Answer

[ESMA 33-128-563 Securitisation Q&A, Q&A 5.3.32] For the purposes of reporting information for these fields, no additional information is necessary to be provided, beyond the accurate reporting of the applicable field. Nevertheless, to the extent that any competent authority designated in accordance with Article 29 of the Securitisation Regulation decides to follow up and request further information, it cannot be excluded that the rationale for any legislative interpretations made by the originator are requested by the competent authority.

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

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