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SECN 5.18 Assets transferred to SSPE

SECN 5.18.1R
  1. (1)

    1For the purposes of SECN 5.2.6R, 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:

    1. (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; and

    2. (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 SECN 5.2.6R than the performance of the assets to be transferred.

  2. (2)

    An originator shall be deemed to have complied with SECN 5.2.6R 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.

SECN 5.18.2G

1In assessing whether the originator has complied with SECN 5.2.6R, the FCA would expect to take into account the actions the originator has taken to comply with that rule. In particular, the FCA would expect to take account of any internal policies, procedures and controls put in place by the originator to prevent the systematic or intentional selection for securitisation purposes of assets of a higher average credit risk profile than comparable assets retained on its balance sheet.