BIPRU 9.1 Application and purpose

The purpose of BIPRU 9 is to implement:

1. (1)

   Articles 94 to 96, paragraphs (1) and (5) of Article 97 , Article 99, Article 100(1) and Article 101;

2. (2)

   Points 8 and 9 of Annex V; and

3. (3)

   Parts 2, 3 (in part) and 4 of Annex IX;

of the Banking Consolidation Directive.

A firm should apply the securitisation framework set out in this chapter for determining regulatory capital requirements on exposures arising from traditional securitisations and from synthetic securitisations and from structures that contain features of both.

Since transactions may be structured in many different ways, the capital treatment of a position should be determined on the basis of its economic substance rather than merely its legal form. A firm should look to the economic substance of a transaction to determine whether the securitisation framework is applicable for purposes of determining regulatory capital. A firm should consult the FSA when there is uncertainty about whether a given transaction should be considered a securitisation.

A firm that is a party to a securitisation should fully understand the risks it has assumed or retained. In particular it should do so in order that it can correctly determine in accordance with BIPRU 9 the capital effects of the securitisation.

The FSA expects an originator to continue to monitor any risks that it may be subject to when it has excluded the securitised exposures from its calculation of risk weighted exposure amounts. The originator should consider capital planning implications where risks may return and the impact that securitisation has on the quality of the remaining exposures held by the originator.

BIPRU 9 deals with:

1. (1)

   requirements for originators and sponsors of securitisations of non-trading book exposures; and

2. (2)

   the calculation of risk weighted exposure amount for securitisation positions for the purposes of calculating either the credit risk capital component or the counterparty risk capital component.

BIPRU 7 sets out the calculation of the market risk capital requirement for securitisation positions held in the trading book.