ESMA_QA_1448

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1448

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Regulatory Context

Regulation : SECR

Level 1 Regulation: Securitisation Regulation (EU) 2017/2402

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Securitisation Disclosure Templates

Subject Matter: Annexes 14 and 15: Inside Information or Significant Event Information - CLO sections of Annex 14

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Question

Submission Date: 31 January 2019

(a) If a securitisation is not a CLO securitisation, must the CLO sections of Annex 14 be completed?

(b) Is the information in the CLO sections required in the event that the CLO Manager coincides with the originator of the securitisation?

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ESMA Answer

Answer Date: 28-05-2020

[ESMA 33-128-563 Securitisation Q&A, Q&A 5.15.4] (a) No, as set out in Article 8(1)(e) of the RTS on disclosure, the CLO sections of Annex 14 must only be completed for CLO securitisations. (b) Yes. The CLO sections should always be completed where the securitisation is a CLO. As set out in Article 8(1)(e) of the RTS on disclosure, the CLO Sections of Annex 14: “(1) The reporting entity shall make available the information specified in Annex XIV on the following: […] (e) where the securitisation is a Collateralised Loan Obligation (CLO) non-ABCP securitisation:

(i)         the CLO manager, for each CLO manager in the securitisation; (ii)         the CLO securitisation.”

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This document was automatically extracted from the ESMA EMIR Q&A database.