BIPRU 4.4 The IRB approach: Exposures to corporates, institutions and sovereigns

1. (1)

   This section applies with respect to the sovereign, institution and corporate IRB exposure class.

2. (2)

   The sovereign, institution and corporate IRB exposure class includes specialised lending exposures.

3. (3)

   Both BIPRU 4.4 and BIPRU 4.5 (Specialised lending exposures) apply to specialised lending exposures. A firm may calculate risk weighted exposure amounts for a specialised lending exposure either:

   1. (a)

      (if it is able to do so) in accordance with BIPRU 4.4; or

   2. (b)

      in accordance with BIPRU 4.4 as modified by BIPRU 4.5.

The following exposures must be treated as exposures to central governments and central banks:

1. (1)

   exposures to regional governments, local authorities or public sector entities which are treated as exposures to central governments under the standardised approach; and

2. (2)

   exposures to multilateral development banks and international organisations which attract a risk weight of 0% under the standardised approach.

[Note: BCD Article 86(2)]

The following exposures must be treated as exposures to institutions:

1. (1)

   exposures to regional governments and local authorities which are not treated as exposures to central governments under the standardised approach;

2. (2)

   exposures to public sector entities which are treated as exposures to institutions under the standardised approach;

3. (3)

   exposures to multilateral development banks which do not attract a 0% risk weight under the standardised approach; and

4. (4)

   without prejudice to BIPRU 13.3.13 R and BIPRU 13.8.7 R (Exposures to a central counterparty) exposures to recognised third country investment firms and exposures to recognised clearing houses and designated investment exchanges.

[Note: BCD Article 86(3) and CAD Article 40]

Any credit obligation not assigned to the IRB exposure classes referred to in BIPRU 4.3.2 R (1) (Sovereigns), BIPRU 4.3.2 R (2) (Institutions) and BIPRU 4.3.2 R (4) - BIPRU 4.3.2 R (6) (Retail, equity and securitisations) must be assigned to the corporate exposure class.

[Note: BCD Article 86(7)]

BIPRU 4.4.6 R - BIPRU 4.4.21 R apply in addition to BIPRU 4.3.25 R - BIPRU 4.3.28 R (Rating systems).

A rating system must take into account obligor and transaction risk characteristics.

[Note: BCD Annex VII Part 4 point 5]

A rating system must have an obligor rating scale which reflects exclusively quantification of the risk of obligor default. The obligor rating scale must have a minimum of seven grades for non-defaulted obligors and one for defaulted obligors.

[Note: BCD Annex VII Part 4 point 6]

An obligor grade means for the purpose of BIPRU 4 as it applies to the sovereign, institution and corporate IRB exposure class a risk category within a rating system's obligor rating scale, to which obligors are assigned on the basis of a specified and distinct set of rating criteria, from which estimates of PD are derived. A firm must document both the relationship between obligor grades in terms of the level of default risk each grade implies and the criteria used to distinguish that level of default risk.

[Note: BCD Annex VII Part 4 point 7]

A firm with portfolios concentrated in a particular market segment and range of default risk must have enough obligor grades within that range to avoid undue concentrations of obligors in a particular grade. Significant concentrations within a single grade must be supported by convincing empirical evidence that the obligor grade covers a reasonably narrow PD band and that the default risk posed by all obligors in the grade falls within that band.

[Note: BCD Annex VII Part 4 point 8]

Each obligor must be assigned to an obligor grade as part of the credit approval process.

[Note: BCD Annex VII Part 4 point 19]

Each separate legal entity to which a firm is exposed must be separately rated. A firm must be able to demonstrate to the FSA that it has acceptable policies regarding the treatment of individual obligor clients and groups of connected clients.

[Note: BCD Annex VII Part 4 point 22]

Separate exposures to the same obligor must be assigned to the same obligor grade, irrespective of any differences in the nature of each specific transaction. Exceptions, where separate exposures are allowed to result in multiple grades for the same obligor are:

1. (1)

   country transfer risk, this being dependent on whether the exposures are denominated in local or foreign currency;

2. (2)

   where the treatment of associated guarantees to an exposure may be reflected in an adjusted assignment to an obligor grade; and

3. (3)

   where consumer protection, bank secrecy or other legislation prohibit the exchange of client data.

[Note: BCD Annex VII Part 4 point 23]

Assignments and periodic reviews of assignments must be completed or approved by an independent party that does not directly benefit from decisions to extend the credit.

[Note: BCD Annex VII Part 4 point 26]

A firm must update assignments at least annually. High risk obligors and problem exposures must be subject to more frequent review. A firm must undertake a new assignment if material information on the obligor or exposure becomes available.

[Note: BCD Annex VII Part 4 point 27]

A firm must have an effective process to obtain and update relevant information on obligor characteristics that affect PDs, and on transaction characteristics that affect LGDs and conversion factors.

[Note: BCD Annex VII Part 4 point 28]

In addition to complying with the material in BIPRU 4.3.54 R (Data maintenance) a firm must collect and store:

1. (1)

   complete rating histories on obligors and recognised guarantors;

2. (2)

   the dates the ratings were assigned;

3. (3)

   the key data and methodology used to derive the rating;

4. (4)

   the person responsible for the rating assignment;

5. (5)

   the identity of obligors and exposures that defaulted;

6. (6)

   the date and circumstances of such defaults;

7. (7)

   data on the PDs and realised default rates associated with rating grades and ratings migration; and

8. (8)

   (in the case of a firm not using the advanced IRB approach in the calculation of LGDs and/or conversion factors) data on comparisons of realised LGDs to the values as set out in BIPRU 4.4.34 R and BIPRU 4.8.25 R and realised conversion factors to the values as set out in BIPRU 4.4.37 R, BIPRU 4.4.45 R and BIPRU 4.6.44 R.

[Note: BCD Annex VII Part 4 point 37]

1. (1)

   This rule, in accordance with BIPRU 4.3.57 R (4) (Definition of default), sets the exact number of days past due that a firm should abide by in the case of exposures to PSEs.

2. (2)

   For counterparts that are PSEs situated within the United Kingdom the number of days past due is 180.

3. (3)

   For counterparts that are PSEs situated in another EEA State the number of days past due is the lower of:

   1. (a)

      180; and

   2. (b)

      the number of days past due fixed under the CRD implementation measure with respect to point 48 of Part 4 of Annex VII of the Banking Consolidation Directive for that EEA State for such exposures.

4. (4)

   For counterparts that are PSEs in a state outside the EEA the number of days past due is the lower of:

   1. (a)

      180; and

   2. (b)

      (if a number of days past due for such exposures has been fixed under any law of that state applicable to undertakings in the banking sector or the investment services sector that implements the IRB approach) that number.

[Note: BCD Annex VII Part 4 point 44 (part) and point 48 (part)]

BIPRU 4.4.24 R - BIPRU 4.4.31 R apply to both the foundation IRB approach and the advanced IRB approach.

A firm must estimate PDs by obligor grade from long run averages of one-year default rates.

[Note: BCD Annex VII Part 4 point 59]

A firm must use PD estimation techniques only with supporting analysis. A firm must recognise the importance of judgmental considerations in combining results of techniques and in making adjustments for limitations of techniques and information.

[Note: BCD Annex VII Part 4 point 62]

To the extent that a firm uses data on internal default experience for the estimation of PDs it must be able to demonstrate in its analysis that the estimates are reflective of underwriting standards and of any differences in the rating system that generated the data and the current rating system. Where underwriting standards or rating systems have changed, a firm must add a greater margin of conservatism in its estimate of PD.

[Note: BCD Annex VII Part 4 point 63]

To the extent that a firm associates or maps its internal grades to the scale used by an ECAI or similar organisations and then attributes the default rate observed for the external organisation's grades to the firm's grades, mappings must be based on a comparison of internal rating criteria to the criteria used by the external organisation and on a comparison of the internal and external ratings of any common obligors. Biases or inconsistencies in the mapping approach or underlying data must be avoided. The external organisation's criteria underlying the data used for quantification must be oriented to default risk only and not reflect transaction characteristics. The firm's analysis must include a comparison of the default definitions used, subject to the requirements in BIPRU 4.3.56 R to BIPRU 4.3.71 R and BIPRU 4.4.22 R (Definition of default). The firm must document the basis for the mapping.

[Note: BCD Annex VII Part 4 point 64]

To the extent that a firm uses statistical default prediction models it may estimate PDs as the simple average of default-probability estimates for individual obligors in a given grade. The firm's use of default probability models for this purpose must meet the standards specified in BIPRU 4.3.51 R.

[Note: BCD Annex VII Part 4 point 65]

Irrespective of whether a firm is using external, internal, or pooled data sources, or a combination of the three, for its PD estimation, the length of the underlying historical observation period used must be at least five years for at least one source. If the available observation period spans a longer period for any source, and this data is relevant, this longer period must be used. A firm not permitted to use own estimates of LGDs or conversion factors may have, when it implements the IRB approach, relevant data covering a period of two years. The period to be covered must increase by one year each year until relevant data cover a period of five years.

[Note: BCD Annex VII Part 4 point 66 (part)]

BIPRU 4.4.33 R - BIPRU 4.4.39 R set out requirements specific to the foundation IRB approach.

Under the foundation IRB approach a firm must apply the LGD values set out in BIPRU 4.4.34 R and BIPRU 4.8.25 R and the conversion factors set out in BIPRU 4.4.37 R.

[Note: BCD Article 87(8)]

A firm must use the following LGD values:

1. (1)

   senior exposures without eligible collateral, 45%;

2. (2)

   subordinated exposures without eligible collateral, 75%;

3. (3)

   a firm may recognise funded and unfunded credit protection in the LGD in accordance with BIPRU 5 (Credit risk mitigation), as modified by BIPRU 4.10;

4. (4)

   covered bonds may be assigned an LGD value of 12.5%; and

5. (5)

   for certain senior corporate exposure purchased receivables, for certain subordinated corporate exposure purchased receivables and for dilution risk of corporate purchased receivables the provisions of BIPRU 4.8.25 R (LGDs for corporate receivables) apply.

[Note: BCD Annex VII Part 2 point 8 (part)]

Until 31 December 2010, covered bonds as set out in BIPRU 3.4.107 R to BIPRU 3.4.110 R may be assigned an LGD value of 11.25% if:

1. (1)

   assets as set out in BIPRU 3.4.107 R (1)(a) to (c) collateralising the covered bonds all qualify for credit quality assessment step one3 as set out in BIPRU 3;

2. (2)

   where assets set out in BIPRU 3.4.107 R (1)(d) and BIPRU 3.4.107 R (1)(e) are used as collateral, the respective upper limits laid down in each of those points is 10% of the nominal amount of the outstanding issue;

3. (3)

   assets as set out in BIPRU 3.4.107 R (1)(f) are not used as collateral; or

4. (4)

   the covered bonds are the subject of a credit assessment by a nominated ECAI, and the ECAI places them in the most favourable category of credit assessment that the ECAI could make in respect of covered bonds.

[Note: BCD Annex VII Part 2 point 8 (part)]

BIPRU 4.4.37 R - BIPRU 4.4.39 R apply in addition to BIPRU 4.4.71 R - BIPRU 4.4.78 R.

1. (1)

   The exposure value for the items set out in this rule must be calculated as the committed but undrawn amount multiplied by the applicable conversion factor set out in this rule.

2. (2)

   For credit lines which are uncommitted, that are unconditionally cancellable at any time by the firm without prior notice, or that effectively provide for automatic cancellation due to deterioration in a borrower's credit worthiness, a conversion factor of 0 % applies. To apply a conversion factor of 0% a firm must actively monitor the financial condition of the obligor, and its internal control systems must enable it immediately to detect a deterioration in the credit quality of the obligor.

3. (3)

   For short-term letters of credit arising from the movement of goods, a conversion factor of 20% applies for both the issuing and confirming firms.

4. (4)

   For other credit lines, note issuance facilities (NIFs), and revolving underwriting facilities (RUFs), a conversion factor of 75% applies.

5. (5)

   For undrawn purchase commitments for revolving purchased receivables falling under BIPRU 4.8.29 R, the conversion factor set out in that rule applies.

[Note: BCD Annex VII Part 3 point 9 (part)]

Where a commitment refers to the extension of another commitment, the lower of the two conversion factors associated with the individual commitment must be used.

[Note: BCD Annex VII Part 3 point 10]

For all off-balance sheet items other than mentioned in BIPRU 4.4.37 R, BIPRU 4.4.45 R, BIPRU 4.4.71 R - BIPRU 4.4.78 R, BIPRU 4.6.44 R, BIPRU 4.8.28 R and BIPRU 4.8.29 R, the exposure value must be the following percentage of its value:

1. (1)

   100% if it is a full risk item;

2. (2)

   50% if it is a medium risk item;

3. (3)

   20% if it is a medium/low risk item; and

4. (4)

   0% if it is a low risk item.

For the purposes of this rule the off-balance sheet items must be assigned to risk categories as indicated in BIPRU 3.7 (Classification of off-balance sheet items).

[Note: BCD Annex VII Part 3 point 11]

1BIPRU 4.4.41 R - BIPRU 4.4.55 R set out requirements specific to the advanced IRB approach.

1Under the advanced IRB approach a firm must use its own estimates of LGDs and conversion factors in accordance with BIPRU 4.

[Note: BCD Article 87(9)]

1A firm using own LGD estimates under the advanced IRB approach may recognise unfunded credit protection by adjusting PDs subject to BIPRU 4.4.43 R.

[Note: BCD Annex VII Part 2 point 6]

1Notwithstanding BIPRU 4.4.34 R and BIPRU 4.8.25 R, if a firm's IRB permission permits it to use own LGD estimates under the advanced IRB approach for exposures to which BIPRU 4 applies and permits it to use the approach in this rule, unfunded credit protection may be recognised by adjusting PD and/or LGD estimates subject to the minimum IRB standards. A firm must not assign guaranteed exposures an adjusted PD or LGD such that the adjusted risk weight would be lower than that of a comparable, direct exposure to the guarantor.

[Note: BCD Annex VII Part 2 point 10]

1If a firm uses its own estimates of conversion factors under the advanced IRB approach it must calculate the exposure value of off-balance sheet exposures calculated with the use of conversion factors by using its own estimates of conversion factors across different product types as mentioned in BIPRU 4.4.37 R and BIPRU 4.4.39 R (2) to BIPRU 4.4.39 R (4).

[Note: BCD Annex VII Part 3 point 9 (part)]

1BIPRU 4.4.48 R - BIPRU 4.4.50 R are in addition to BIPRU 4.3.25 R - BIPRU 4.3.28 R and BIPRU 4.4.6 R - BIPRU 4.4.9 R.

1If a firm's IRB permission provides for it to use the advanced IRB approach for the calculation of LGDs, its rating system must incorporate a distinct facility rating scale which exclusively reflects LGD related transaction characteristics.

[Note: BCD Annex VII Part 4 point 9]

1A facility grade means for the purpose of the advanced IRB approach a risk category within a rating system's facility scale to which exposures are assigned on the basis of a specified and distinct set of rating criteria from which own estimates of LGDs are derived. The grade definition must include both a description of how exposures are assigned to the grade and of the criteria used to distinguish the level of risk across grades.

[Note: BCD Annex VII Part 4 point 10]

1Significant concentrations within a single facility grade must be supported by convincing empirical evidence that the facility grade covers a reasonably narrow LGD band, respectively, and that the risk posed by all exposures in the grade falls within that band.

[Note: BCD Annex VII Part 4 point 11]

1For a firm permitted to use own estimates of LGDs or conversion factors under the advanced IRB approach, each exposure must be assigned to a facility grade as part of the credit approval process. This is in addition to the requirements in BIPRU 4.4.11 R - BIPRU 4.4.13 R.

[Note: BCD Annex VII Part 4 point 20]

1As well as complying with BIPRU 4.3.54 R and BIPRU 4.4.21 R (Data maintenance), a firm using own estimates of LGDs and/or conversion factors under the advanced IRB approach must collect and store:

1. (1)

   complete histories of data on the facility ratings and LGD and conversion factor estimates associated with each rating scale3;

2. (2)

   the dates the ratings were assigned and the estimates were done;

3. (3)

   the key data and methodology used to derive the facility ratings and LGD and conversion factor estimates;

4. (4)

   the person who assigned the facility rating and the person who provided LGD and conversion factor estimates;

5. (5)

   data on the estimated and realised LGDs and conversion factors associated with each defaulted exposure;

6. (6)

   data on the LGD of the exposure before and after evaluation of the effects of a guarantee or credit derivative, for a firm that reflects the credit risk mitigating effects of guarantees or credit derivatives through LGD; and

7. (7)

   data on the components of loss for each defaulted exposure.

[Note: BCD Annex VII Part 4 Point 38]

1In addition to the requirements in BIPRU 4.3.74 R - BIPRU 4.3.94 R (General requirements about risk quantification) and BIPRU 4.3.98 R - BIPRU 4.3.123 R (Requirements for risk quantification specific to own-LGD estimates), estimates of LGD must be based on data over a minimum of five years, increasing by one year each year after implementation until a minimum of seven years is reached, for at least one data source. If the available observation period spans a longer period for any source, and the data is relevant, this longer period must be used.

[Note: BCD Annex VII Part 4 point 82]

1In addition to the requirements in BIPRU 4.3.124 R - BIPRU 4.3.131 R (Requirements specific to own-conversion factor estimates), estimates of conversion factors must be based on data over a minimum of five years, increasing by one year each year after implementation until a minimum of seven years is reached, for at least one data source. If the available observation period spans a longer period for any source, and the data is relevant, this longer period must be used.

[Note: BCD Annex VII Part 4 point 93]

The remainder of this section applies to both the foundation IRB approach and the advanced IRB approach.

Subject to BIPRU 4.4.59 R to BIPRU 4.4.60 R, BIPRU 4.5.6 R, BIPRU 4.5.8 R - BIPRU 4.5.10 R (Risk weights for specialised lending), BIPRU 4.8.16 R, BIPRU 4.8.17 R (Risk weights for corporate exposure purchased receivables) and BIPRU 4.9.3 R (Securitisation: provision of credit protection), risk weighted exposure amounts must be calculated according to the formulae in the table in BIPRU 4.4.58 R and the adjustment formula in BIPRU 4.4.79 R (Double default).

[Note: BCD Annex VII Part 1 point 3]

For exposures to companies where the total annual sales for the consolidated group of which the firm is a part is less than EUR 50 million a firm may use the following correlation formula for the calculation of risk weights for corporate exposures. In this formula S is expressed as total annual sales in millions of Euros with EUR 5 million < = S < = EUR 50 million. Reported sales of less than EUR 5 million must be treated as if they were equivalent to EUR 5 million. In accordance with BIPRU 4.8.21 R, for purchased receivables the total annual sales are the weighted average by individual exposures of the pool. The formula for the calculation of correlation (R) is:

0.12×(1-EXP(-50*PD))/(1-EXP(-50))+ 0.24*

[1-(1-4EXP(-50*PD))/(1-EXP(-50))]

-0.04*(1-(S-5)/45)

[Note: BCD Annex VII Part 1 point 5 (part)]

A firm must for the purpose of BIPRU 4.4.59 R substitute total assets of the consolidated group for total annual sales when total annual sales are not a meaningful indicator of firm size and total assets are a more meaningful indicator than total annual sales.

[Note: BCD Annex VII Part 1 point 5 (part)]

Expected loss amounts must be calculated according to the formulae in the table in BIPRU 4.4.62 R.

[Note: BCD Annex VII Part 1 point 30 (part)]

A firm must provide its own estimates of PDs in accordance with its IRB permission and the minimum IRB standards.

[Note: BCD Article 87(6) (part)]

The PD of a corporate exposure or an exposure in the IRB exposure class referred to in BIPRU 4.3.2 R (2) (Institutions) must be at least 0.03%.

[Note: BCD Annex VII Part 2 point 2]

The PD of obligors in default must be 100%.

[Note: BCD Annex VII Part 2 point 4]

Subject to BIPRU 4.4.42 R (Advanced IRB approach: LGDs and PDs) a firm may recognise unfunded credit protection in the PD in accordance with the provisions of BIPRU 5 (Credit risk mitigation), as modified by BIPRU 4.10. For dilution risk, however, a firm may also recognise unfunded credit protection providers which are specified in its IRB permission in addition to those indicated in the CRM eligibility conditions.

[Note: BCD Annex VII Part 2 point 5]

1. (1)

   A firm must calculate maturity (M) for each of the exposures referred to in this rule in accordance with this rule and subject to BIPRU 4.4.68 R to BIPRU 4.4.70 R. In all cases, M must be no greater than 5 years.

2. (2)

   For an instrument subject to a cash flow schedule M must be calculated according to the following formula:

   

   where CF_t denotes the cash flows (principal, interest payments and fees) contractually payable by the obligor in period t.

3. (3)

   For derivatives subject to a master netting agreement M must be the weighted average remaining maturity of the exposure, where M must be at least 1 year. The notional amount of each exposure must be used for weighting the maturity.

4. (4)

   For exposures arising from fully or nearly-fully collateralised financial derivative instruments transactions and fully or nearly-fully collateralised margin lending transactions which are subject to a master netting agreement M must be the weighted average remaining maturity of the transactions where M must be at least 10 days. The notional amount of each transaction must be used for weighting the maturity.

5. (5)

   Where a firm uses the CCR internal model method to calculate the exposure values, M must be calculated for exposures to which a firm applies this method and for which the maturity of the longest-dated contract contained in the netting set is greater than one year according to the following formula:

   

   where:

   dfk = the risk-free discount factor for future time period tk and the remaining symbols are defined in BIPRU 13.6.

6. (6)

   Notwithstanding (7), a firm that uses a CCR internal model method model to calculate a one-sided credit valuation adjustment2 (CVA) may use the effective credit duration estimated by the model as M if permitted to do so by its CCR internal model method permission.

7. (7)

   Subject to BIPRU 4.4.68 R, for netting sets in which all contracts have an original maturity of less than one year the formula in (2) must be applied.

8. (8)

   If a firm is permitted under its IRB permission to use own PD estimates for corporate exposure purchased receivables, for drawn amounts M must equal the purchased receivables exposure weighted average maturity, where M must be at least 90 days. This same value of M must also be used for undrawn amounts under a committed purchase facility provided the facility contains effective covenants, early amortisation triggers, or other features that protect the purchasing firm against a significant deterioration in the quality of the future receivables it is required to purchase over the facility's term. Absent such effective protections, M for undrawn amounts must be calculated as the sum of the longest-dated potential receivable under the purchase agreement and the remaining maturity of the purchase facility, where M must be at least 90 days.

9. (9)

   For any other instrument than mentioned in this rule or when a firm is not in a position to calculate M as set out in (2), M must be the maximum remaining time (in years) that the obligor is permitted to take fully to discharge its contractual obligations, where M must be at least 1 year.

[Note: BCD Annex VII Part 2 point 13 (part)]

Notwithstanding BIPRU 4.4.67 R (2) - (3) and (8)-(9), M must be at least one-day for:

1. (1)

   fully or nearly-fully collateralised financial derivative instruments;

2. (2)

   fully or nearly-fully collateralised margin lending transactions; and

3. (3)

   repurchase transactions, securities or commodities lending or borrowing transactions,

provided the documentation requires daily remargining and daily revaluation and includes provisions that allow for the prompt liquidation or setoff of collateral in the event of default or failure to re-margin.

[Note: BCD Annex VII Part 2 point 14 (part)]

Maturity mismatches must be treated as specified in BIPRU 4.10 and BIPRU 5 (Credit risk mitigation).

[Note: BCD Annex VII Part 2 point 16]

Unless provided otherwise in BIPRU 4 the exposure value of on-balance sheet exposures must be measured gross of value adjustments. This also applies to assets purchased at a price different than the amount owed. For purchased assets, the difference between the amount owed and the net value recorded on the balance-sheet of the firm is denoted discount if the amount owed is larger, and premium if it is smaller.

[Note: BCD Annex VII Part 3 point 1]

A firm must not treat the exposure value of a facility as being less than current drawings under it. Interest accrued to date on an exposure under a facility must be included in current drawings or an allowance for it must be built into the conversion factor.

Where a firm uses master netting agreements in relation to repurchase transactions or securities or commodities lending or borrowing transactions the exposure value must be calculated in accordance with BIPRU 5 (Credit risk mitigation), as modified by BIPRU 4.10, and BIPRU 13.8.

[Note: BCD Annex VII Part 3 point 2]

For on-balance sheet netting of loans and deposits a firm must apply for the calculation of the exposure value the methods set out in BIPRU 5 (Credit risk mitigation), as modified by BIPRU 4.10.

[Note: BCD Annex VII Part 3 point 3]

The exposure value for leases must be the discounted minimum lease payments. Minimum lease payments are the payments over the lease term that the lessee is or can be required to make and any bargain option (i.e. option the exercise of which is reasonably certain). Any guaranteed residual value fulfilling the set of conditions in BIPRU 5.7.1 R (Eligibility), as modified by BIPRU 4.10.38 R and BIPRU 4.10.39 R (Unfunded credit protection: Eligibility of providers) regarding the eligibility of protection providers as well as the minimum requirements for recognising other types of guarantees provided in BIPRU 5.7.6 R (Minimum requirements: General) to BIPRU 5.7.12 R (Additional requirements for guarantees) should also be included in the minimum lease payments.

[Note: BCD Annex VII Part 3 point 4]

Where an exposure takes the form of securities or commodities sold, posted or lent under repurchase transactions or securities or commodities lending or borrowing transactions, long settlement transactions and margin lending transactions, the exposure value must be the value of the securities or commodities determined in accordance with GENPRU 1.3 (Valuation). Where the financial collateral comprehensive method is used, the exposure value must be increased by the volatility adjustment appropriate to such securities or commodities as set out in BIPRU 4.10 and BIPRU 5 (Credit risk mitigation). The exposure value of repurchase transactions, securities or commodities lending or borrowing transactions, long settlements transactions and margin lending transactions must be determined in accordance with BIPRU 13.

[Note: BCD Annex VII Part 3 point 7]

Notwithstanding BIPRU 4.4.76 R, the exposure value of credit risk exposures outstanding, as determined by the firm, with a central counterparty must be determined in accordance with BIPRU 13.3.3 R and BIPRU 13.8.8 R (Exposure to central counterparty), provided that the central counterparty's CCR exposures with all participants in its arrangements are fully collateralised on a daily basis.

[Note: BCD Annex VII Part 3 point 8]

In the case of any financial derivative instrument, the exposure value must be determined by the methods set out in BIPRU 13.

[Note: BCD Annex VII Part 3 point 5]

The risk weighted exposure amount for each exposure which meets the requirements set out in BIPRU 5.7.2 R and BIPRU 4.4.83 R (Double default) may be adjusted according to the following formula:

1. (1)

   Risk weighted exposure amount = RW *exposure value * (0.15 + 160*PDpp)]

2. (2)

   PDpp = PD of the protection provider

3. (3)

   RW must be calculated using the relevant risk weight formula set out in BIPRU 4.4.57 R for the exposure, the PD of the obligor and the LGD of a comparable direct exposure to the protection provider. The maturity factor (b) must be calculated using the lower of the PD of the protection provider and the PD of the obligor.

[Note: BCD Annex VII Part 1 point 4]

Notwithstanding BIPRU 4.4.34 R and BIPRU 4.4.43 R, for the purposes of BIPRU 4.4.79 R, the LGD of a comparable direct exposure to the protection provider shall either be the LGD associated with an unhedged facility to the guarantor or the unhedged facility of the obligor, depending upon whether in the event both the guarantor and the obligor default during the life of the hedged transaction available evidence and the structure of the guarantee indicate that the amount recovered would depend on the financial condition of the guarantor or obligor, respectively

[Note: BCD Annex VII Part 2 point 11]

For the purposes of BIPRU 4.4.79 R, M must be the effective maturity of the credit protection but at least 1 year.

[Note: BCD Annex VII Part 2 point 13 (part)]

BIPRU 4.4.83 R applies to the eligibility of protection providers under the IRB approach which qualify for the treatment set out in BIPRU 4.4.79 R.

An institution, an insurance undertaking (including an insurance undertaking that carries out reinsurance) or an export credit agency which fulfils the following conditions may be recognised as an eligible provider of unfunded credit protection which qualifies for the treatment set out in BIPRU 4.4.79 R:

1. (1)

   the protection provider has sufficient expertise in providing unfunded credit protection;

2. (2)

   the protection provider is regulated in a manner equivalent to the rules laid down in the Banking Consolidation Directive or had, at the time the credit protection was provided, a credit assessment by an eligible ECAI3 which is associated with credit quality step 3 or above under the rules for the risk weighting of exposures to corporates under the standardised approach;

3. (3)

   the protection provider had, at the time the credit protection was provided, or for any period of time thereafter, an internal rating with a PD equivalent to or lower than that associated with credit quality step 2 or above under the rules for the risk weighting of exposures to corporates under the standardised approach;

4. (4)

   the protection provider has an internal rating with a PD equivalent to or lower than that associated with credit quality step 3 or above under the rules for the risk weighting of exposures to corporates under the standardised approach;

For the purpose of this rule, credit protection provided by an export credit agency must not benefit from any explicit central government counter-guarantee.

[Note: BCD Annex VIII Part 1 point 29]

BIPRU 4.4.85 R applies to the requirements to qualify for the treatment set out in BIPRU 4.4.79 R.

To be eligible for the treatment set out in BIPRU 4.4.79 R, credit protection deriving from a guarantee or credit derivative must meet the following conditions:

1. (1)

   the underlying obligation must be to:

   1. (a)

      a corporate exposure, excluding an exposure to an insurance undertaking (including an insurance undertaking that carries out reinsurance); or

   2. (b)

      an exposure to a regional government, local authority or public sector entity which is not treated as an exposure to a central government or a central bank2 according to BIPRU 4.4.2 R; or

   3. (c)

      an exposure to retail SME, classified as a retail exposure according to BIPRU 4.6.2 R;

2. (2)

   the underlying obligors must not be members of the same group as the protection provider;

3. (3)

   the exposure must be hedged by one of the following instruments:

   1. (a)

      single name unfunded credit derivatives or single name guarantees;

   2. (b)

      first to default basket products, with these the treatment must be applied to the asset within the basket with the lowest risk weighted exposure amount;

   3. (c)

      n^th to default basket products, with these the protection obtained is only eligible for consideration under this framework if eligible (n-1)^th default protection has also been obtained or where (n-1) of the assets within the basket has/have already defaulted and where this is the case the treatment must be applied to the asset within the basket with the lowest risk weighted exposure amount;

4. (4)

   the credit protection must meet the requirements set out in BIPRU 5.7.6 R - BIPRU 5.7.8 R (Minimum requirements: Operational requirements), BIPRU 5.7.11 R (Additional requirements for guarantees) and BIPRU 5.7.13 R - BIPRU 5.7.14 R (Additional requirements for credit derivatives);

5. (5)

   the risk weight that is associated with the exposure prior to the application of the treatment in BIPRU 4.4.79 R does not already factor in any aspect of the credit protection;

6. (6)

   a firm must have the right and expectation to receive payment from the protection provider without having to take legal action in order to pursue the counterparty for payment;

7. (7)

   the purchased credit protection must absorb all credit losses incurred on the hedged portion of an exposure that arise due to the occurrence of credit events outlined in the contract;

8. (8)

   if the payout structure provides for physical settlement, then there must be legal certainty with respect to the deliverability of a loan, bond or contingent liability and if a firm intends to deliver an obligation other than the underlying exposure, it must ensure that the deliverable obligation is sufficiently liquid so that the firm would have the ability to purchase it for delivery in accordance with the contract;

9. (9)

   the terms and conditions of credit protection arrangements must be legally confirmed in writing by both the protection provider and the firm;

10. (10)

    a firm must have a process in place to detect excessive correlation between the creditworthiness of a protection provider and the obligor of the underlying exposure due to their performance being dependent on common factors beyond the systematic risk factor;

11. (11)

    in the case of protection against dilution risk, the seller of purchased receivables must not be a member of the same group as the protection provider; and

12. (12)

    with reference to (6), to the extent possible, a firm must take steps to satisfy itself that the protection provider is willing to pay promptly should a credit event occur.

[Note: BCD Annex VIII Part 2 point 22]