in force 2025-01-01 MODIFIED+2,474 −1,709§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
Paragraph 1 rewords the maturity rule for institutions without permission to use own LGD estimates, stating a consistent M of 2,5 years generally, 0,5 years for securities financing transactions, or calculation under paragraph 2, replacing the prior wording keyed to repurchase, securities or commodities lending transactions and other exposures.
Paragraph 2 adds new points (da) and (db) covering secured lending transactions and mixed master netting agreements with minimum holding periods of 20 days or the longest applicable period, revises point (f) to include principal, interest and fees, replaces point (i)'s cross-references to Article 143 and Article 153(1) with references to Article 382a(1) and Article 153(1)(iii) and Article 92(4), and replaces point (j) on credit protection maturity with a rule on revolving exposures based on the facility's maximum contractual termination date rather than the current drawing's repayment date.
Paragraph 3 now specifies that M shall be the weighted average remaining maturity of the transactions in addition to being at least one day, adds a new point (e) on short-term self-liquidating letters of credit, and revises point (b) to refer to corporate purchased receivables rather than the prior residual-maturity trade finance wording; paragraph 4 changes the corporate exposure criterion from a size-based EUR threshold test to a distinction based on whether corporates are large corporates, and a new paragraph 6 sets out a divisor of 365,25 for converting the minimum day-periods in paragraph 2 points (c) to (db) and paragraph 3 into years.
Cited: Art. 162, v1 · Art. 162, v2
text before / after
02013R0575-20240709 → 02013R0575-20250101
Article 162
Maturity
1. Institutions that have For exposures for which an institution has not received permission to use own LGDs and own conversion factors for exposures to corporates, institutions or central governments and central banks shall assign to exposures arising from repurchase transactions or securities or commodities lending or borrowing transactions a maturity value (M) of 0,5 years and to all other exposures M of 2,5 years.
Alternatively, as part of the permission referred to in Article 143, the competent authorities shall decide on whether the institution shall use maturity (M) for each exposure as set out under paragraph 2.
2. Institutions that have received the permission of the competent authority to use own LGDs and own conversion factors estimates of LGD, the maturity value (M) shall be applied consistently and, either be set at 2,5 years, except for exposures to corporates, institutions or central governments and central banks pursuant to Article 143 arising from securities financing transactions, for which M shall calculate M be 0,5 years, or, alternatively, be calculated in accordance with paragraph 2.
2. For exposures for each which an institution applies own estimates of these exposures LGD, the maturity value (M) shall be calculated using periods expressed in years, as set out in points (a) to (e) of this paragraph and subject to paragraphs 3 to 3, 4 and 5 of this Article. M shall be no greater than five years years, except in the cases specified in Article 384(1) 384(2) where M as specified there therein shall be used: used. M shall be calculated as follows in each of the following cases:
(a) for an instrument subject to a cash flow schedule, M shall be calculated in accordance with the following formula:
Mmax1,mintt CFttCFt,5
where CFt denotes the cash flows (principal, interest payments and fees) contractually payable by the obligor in period t;
(b) for derivatives subject to a master netting agreement, M shall be the weighted average remaining maturity of the exposure, where M shall be at least 1 year, and the notional amount of each exposure shall be used for weighting the maturity;
(c) for exposures arising from fully or nearly-fully collateralised derivative instruments listed in Annex II and fully or nearly-fully collateralised margin lending transactions which are subject to a master netting agreement, M shall be the weighted average remaining maturity of the transactions where M shall be at least 10 days;
(d) for repurchase transactions or securities or commodities lending or borrowing transactions which are subject to a master netting agreement, M shall be the weighted average remaining maturity of the transactions where M shall be at least five days. The notional amount of each transaction shall be used for weighting the maturity;
(da) for secured lending transactions which are subject to a master netting agreement, M shall be the weighted average remaining maturity of the transactions where M shall be at least 20 days; the notional amount of each transaction shall be used for weighting the maturity;
(db) for a master netting agreement including more than one of the transaction types corresponding to point (c), (d) or (da) of this paragraph, M shall be the weighted average remaining maturity of the transactions where M shall be at least the longest holding period, expressed in years, applicable to such transactions as provided for in Article 224(2), either 10 days or 20 days, depending on the cases; the notional amount of each transaction shall be used for weighting the maturity;
(e) an institution that has received the permission of the competent authority pursuant to Article 143 to use own PD estimates for purchased corporate receivables, for drawn amounts M shall equal the purchased receivables exposure weighted average maturity, where M shall be at least 90 days. This same value of M shall also be used for undrawn amounts under a committed purchase facility provided that the facility contains effective covenants, early amortisation triggers, or other features that protect the purchasing institution 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 shall 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 shall be at least 90 days;
(f) for any instrument other than those referred to in this paragraph or when an institution is not in a position to calculate M as set out in point (a), M shall be the maximum remaining time (in years) time, in years, that the obligor is permitted to take to fully discharge its contractual obligations, including the principal, interest, and fees, where M shall be at least one year;
(g) for institutions using the Internal Model Method set out in Section 6 of Chapter 6 to calculate the exposure values, M shall be calculated for exposures to which they apply this method and for which the maturity of the longest-dated contract contained in the netting set is greater than one year in accordance with the following formula:
MminkEffective EEtk Δtk dftk stkkEEtk stkk EEtk Δtk dftk1 stkkEffective EEtk Δtk dftk stk,5
where:
Stk
a dummy variable whose value at future period tk is equal to 0 if tk > 1 year and to 1 if tk ≤ 1;
EEtk
the expected exposure at the future period tk;
Effective EEtk
the effective expected exposure at the future period tk;
dftk
the risk-free discount factor for future time period tk;
Δtk tk tk1; Δtktktk1;
(h) an institution that uses an internal model to calculate a one-sided credit valuation adjustment (CVA) may use, subject to the permission of the competent authorities, the effective credit duration estimated by the internal model as M.
Subject to paragraph 2, for netting sets in which all contracts have an original maturity of less than one year the formula in point (a) shall apply;
(i) for institutions using the Internal Model Method set out approaches referred to in Section 6 of Chapter 6, Article 382a(1), point (a) or (b), to calculate the exposure values and having an internal model permission own funds requirements for specific the CVA risk associated of transactions with traded debt positions in accordance with Part Three, Title IV, Chapter 5, a given counterparty, M shall be set to no greater than 1 in the formula laid set out in Article 153(1), provided that an institution can demonstrate point (iii), for the purpose of calculating the risk-weighted exposure amounts for counterparty risk for the same transactions, as referred to the competent authorities that its internal model for Specific risk associated with traded debt positions applied in Article 383 contains effects of rating migrations; 92(4), point (a) or (g), as applicable;
(j) for the purposes of Article 153(3), revolving exposures, M shall be determined using the effective maturity maximum contractual termination date of the credit protection but at least 1 year. facility; institutions shall not use the repayment date of the current drawing if that date is not the maximum contractual termination date of the facility.
3. Where the documentation requires daily re-margining and daily revaluation and includes provisions that allow for the prompt liquidation or set off of collateral in the event of default or failure to remargin, M shall be the weighted average remaining maturity of the transactions and M shall be at least one-day one day for:
(a) fully or nearly-fully collateralised derivative instruments listed in Annex II;
(b) fully or nearly-fully collateralised margin lending transactions;
(c) repurchase transactions, securities or commodities lending or borrowing transactions.
In addition, for qualifying short-term exposures which are not part of the institution's ongoing financing of the obligor, M shall be at least one-day. Qualifying short term exposures shall include the following:
(a) exposures to institutions or investment firms arising from the settlement of foreign exchange obligations;
(b) self-liquidating short-term trade finance transactions connected to and corporate purchased receivables, provided that the exchange of goods or services with respective exposures have a residual maturity of up to one year as referred to in point (80) of Article 4(1); year;
(c) exposures arising from settlement of securities purchases and sales within the usual delivery period or two business days;
(d) exposures arising from cash settlements by wire transfer and settlements of electronic payment transactions and prepaid cost, including overdrafts arising from failed transactions that do not exceed a short, fixed agreed number of business days. days;
(e) issued as well as confirmed letters of credit that are short term, that is, they have a maturity below one year, and are self-liquidating.
4. For exposures to corporates situated established in the Union and having consolidated sales and consolidated assets of less than EUR 500 million, which are not large corporates, institutions may choose to consistently set for all such exposures M as set out in paragraph 1 instead of applying paragraph 2. Institutions may replace EUR 500 million total assets with EUR 1000 million total assets for corporates which primarily own and let non-speculative residential property.
5. Maturity mismatches shall be treated as specified in Chapter 4.6. For the purpose of expressing in years the minimum numbers of days referred to in paragraph 2, points (c) to (db), and paragraph 3, the minimum numbers of days shall be divided by 365,25.