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🔗 Back to Summary. 🇫🇷 French Version: 2023R2175_FR.10. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
Article 9 – Application of the retention options on traditional NPE securitisations ⬅️ | ➡️ Article 11 – Measurement of the material net economic interest to be retained for exposures in the form of drawn and undrawn amounts of credit facilities
Article 10 - Measurement of the level of retention
1.
When measuring the level of retention of the net economic interest, the following criteria shall be applied:
(a)
the origination shall be the time at which the exposures were first securitised, which shall be one of the following:
(i)
the date of the issuance of securities;
(ii)
the date of the signature of the credit protection agreement;
(iii)
the date of the agreement on a refundable purchase price discount;
(b)
where the calculation of the level of retention is based on nominal values, the acquisition price of assets shall not be taken into account for the purpose of that calculation;
(c)
the finance charge collections and other fee income received in respect of the securitised exposures in a traditional securitisation net of costs and expenses (traditional excess spread) shall not be taken into account when measuring the retainer’s net economic interest;
(d)
where the originator acts as the securitisation’s retainer and applies the retention option referred to in Article 6(3), point (d), of Regulation (EU) 2017/2402, and where the exposure value of the synthetic excess spread that provides credit enhancement to all the tranches of the synthetic securitisation and serves as a first loss protection is subject to capital requirements in accordance with the prudential regulation applicable to the originator, the originator may take the exposure value of the synthetic excess spread into account when calculating the material net economic interest in accordance with Article 7 of this Regulation by treating the exposure value of the synthetic excess spread as retention of the first loss tranche, in addition to any actual retention of the first loss tranche;
(e)
the retention option and methodology used to calculate the net economic interest shall not be changed during the life of a securitisation, unless exceptional circumstances require a change and that change is not used as a means to reduce the amount of the retained interest.
2.
The retainer shall not be required to constantly replenish or readjust its retained interest to at least 5 % when losses are realised on its retained exposures or allocated to its retained positions.