RCB 1.1 Introduction to sourcebook
Application
1This sourcebook applies to issuers and owners in relation to regulated covered bonds.
Purpose
The general purpose of this sourcebook is to set out the guidance, directions and rules made by the FCA under the RCB Regulations. Those regulations enable bonds to be issued which qualify under COLL 5.2.11R(5A) and 5.6.7R(3A) for a concession from the general spread of risk requirements in respect of transferable securities5.
22This sourcebook should be read together with the RCB Regulations.
Other relevant provisions
This section refers to some of the other parts of the FCA Handbook and PRA Handbook9 which may be relevant to regulated covered bonds.
9Investors in regulated covered bonds may be able to take advantage of different regulatory treatments depending on what type of investor they are.
An insurer (which is not a UK Solvency II firm5 or a non-directive friendly society5) may benefit from increased counterparty limits under INSPRU 2.1.22R (3)(b). An insurer which is a UK Solvency II firm is subject to the rules in the PRA Rulebook which transposed the Solvency II Directive and also to the5 Solvency II Regulation (EU) 2015/35 of 10 October 2014.4
4UCITS schemes and non-UCITS retail schemes may benefit from less onerous spread requirements and increased investment limits under COLL 5.2.11 R and COLL 5.6.7 R.
- (1)
Issuers which are subject to an obligation to publish a prospectus under the Prospectus Regulation are required by Chapter II of the PR Regulation to disclose risk factors. These requirements are set out in PRR 2.3.1UK and PRR App 2.1.1UK, where there is a link to the relevant Annexes of the PR Regulation.7
55 - (2)
In complying with these obligations, issuers should consider disclosing the risk that actions by a regulatory authority in relation to the issuer may adversely affect the ability of the issuer to meet its obligations to investors or the ability of the owner to meet its guarantee obligations to investors. An example of such action may include restricting the issuer's ability to transfer further assets to the asset pool.