EBA published an opinion on the regulatory treatment of securitizations of non-performing exposures (NPEs). Securitizations can play an instrumental role in reducing NPE stocks in the balance sheets of credit institutions but such a role may be hindered by certain provisions in the EU securitization framework. The opinion recommends various amendments to the Capital Requirements Regulation (CRR) and to the Securitization Regulation to remove the identified constraints. The opinion is addressed to EC and contributes to the objectives of the action plan of the European Council to tackle non-performing loans in Europe.
The opinion explains that the regulatory framework imposes certain constraints on credit institutions using securitizations to dispose off NPE holdings. The constraints include:
- Very high capital requirements on investor credit institutions under CRR. The pre-eminent securitization capital methods (the SEC-IRBA and the SEC-SA) and the look-through approach lead to disproportionately high capital charges on NPE securitization positions when compared to the relevant benchmarks and, as a result, tend to overstate the actual risk embedded in the portfolio.
- Compliance challenges for certain risk retention and due diligence requirements under the Securitization Regulation.
The opinion, therefore, recommends that EC should consider a number of targeted amendments to CRR and the Securitization Regulation to remove these constraints while maintaining the integrity of the prudential framework. EBA also recommends EC to take action to clarify where the caps for securitizations laid down in Articles 267 and 268 of the CRR are applied to NPE securitizations. Furthermore, the potential amendments to CRR should be, to the extent possible, consistent with the comparable international standards. NPE securitizations are transactions backed by pools comprised exclusively, or almost exclusively, of NPEs at the time of inception. Though structurally similar to other securitizations, the underlying assets have distinctive features that set NPE securitizations apart from those from an economic substance perspective, namely due to the large discount on their nominal value and their specific underlying risks.
Keywords: Europe, EU, Banking, Securitization, Credit Risk, NPL, Opinion, CRR, Securitization Regulation, Non-Performing Exposures, EC, EBA
Previous ArticleUS Regulatory Agencies Join Global Financial Innovation Network
APRA issued a letter on the loss-absorbing capacity (LAC) requirements for domestic systemically important banks (D-SIBs) and published a discussion paper, along with the proposed the prudential standards on financial contingency planning (CPS 190) and resolution planning (CPS 900).
The European Commission (EC) launched a call for evidence, until March 18, 2022, as part of a comprehensive review of the macro-prudential rules for the banking sector under the Capital Requirements Regulation (CRR) and Directive (CRD IV).
The Financial Stability Board (FSB) published a report that sets out good practices for crisis management groups.
The Australian Prudential Regulation Authority (APRA) found that Heritage Bank Limited had incorrectly reported capital because of weaknesses in operational risk and compliance frameworks, although the bank did not breach minimum prudential capital ratios at any point and remains well-capitalized.
The Office of the Superintendent of Financial Institutions (OSFI) released the annual report for 2020-2021.
Through a letter addressed to the banking sector entities, the Office of the Superintendent of Financial Institutions (OSFI) announced deferral of the domestic implementation of the final Basel III reforms from the first to the second quarter of 2023.
EIOPA recently published a letter in which EC is informing the European Parliament and Council that it could not adopt the set of draft regulatory technical standards for disclosures under the Sustainable Finance Disclosure Regulation (SFDR) within the stipulated three-month period, given their length and technical detail.
The Financial Conduct Authority (FCA) published the third in a series of policy statements that set out rules to introduce the UK Investment Firm Prudential Regime (IFPR), which will take effect on January 01, 2022.
The Australian Prudential Regulation Authority (APRA) published, along with a summary of its response to the consultation feedback, an information paper that summarizes the finalized capital framework that is in line with the internationally agreed Basel III requirements for banks.
The Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) issued a consultative report focusing on access to central counterparty (CCP) clearing and client-position portability.