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🔗 Back to Summary. 🇫🇷 French Version: 2023R2175_FR.18. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
Article 17 – Retention requirement in resecuritisations ⬅️ | ➡️ Article 19 – Expertise requirement on the servicer of traditional NPE securitisations
Article 18 - Assets transferred to the SSPE
1.
For the purposes of 2017, assets held on the balance sheet of the originator that according to the documentation of the securitisation meet the eligibility criteria, shall be deemed to be comparable to the assets to be transferred to the SSPE where, at the time of the selection of the assets, both of the following conditions are met:
(a)
the expected performance of both the assets to be further held on the balance sheet and the assets to be transferred is determined by similar factors;
(b)
on the basis of indications, including past performance and applicable models, it can be reasonably expected that the performance of the assets to be further held on the balance sheet will not be significantly better during the time period referred to in 2017 than the performance of the assets to be transferred.
2.
The assessment whether the originator has complied with 2017 shall take into account whether the originator has taken any actions to comply with that Article, and in particular whether the originator has put in place any internal policies, procedures and controls to prevent the systematic or intentional selection for securitisation purposes of assets of a worse average credit quality than comparable assets retained on its balance sheet.
3.
An originator shall be deemed to have complied with 2017 where, after the securitisation, there are no exposures left on the originator’s balance sheet that are comparable to the securitised exposures, other than the exposures which the originator is already contractually committed to securitise, and provided that that fact has been clearly communicated to investors.