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Provision history · CRR

Art. 256 · Determination of attachment point (A) and detachment point (D)

Capital Requirements Regulation · 32013R0575 · every version of this act · on EUR-Lex (external, EUR-Lex)

2 changes recorded across 2 versions, newest first.

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Version in force , Modified +621 −0

Amended by Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2021/558 32021R0558 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

A new paragraph 6 has been added, requiring the originator institution of a synthetic securitisation to treat the exposure value of the securitisation position corresponding to synthetic excess spread as a tranche when calculating attachment and detachment points, and to adjust the attachment and detachment points of its other retained tranches by adding that exposure value to the outstanding balance of the pool of underlying exposures.

This same new paragraph specifies that institutions other than the originator institution do not make this adjustment.

Paragraphs 1 through 5, present in the earlier version, remain unchanged in wording.

Cited: Art. 256, v2 (external, EUR-Lex) · Art. 256, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 30 September 2021 02013R0575-20210930 → this version, in force 10 April 2022 02013R0575-20220410

Article 256 Determination of attachment point (A) and detachment point (D) 1. For the purposes of Subsection 3, institutions shall set the attachment point (A) at the threshold at which losses within the pool of underlying exposures would start to be allocated to the relevant securitisation position. The attachment point (A) shall be expressed as a decimal value between zero and one and shall be equal to the greater of zero and the ratio of the outstanding balance of the pool of underlying exposures in the securitisation minus the outstanding balance of all tranches that rank senior or pari passu to the tranche containing the relevant securitisation position including the exposure itself to the outstanding balance of all the underlying exposures in the securitisation. 2. For the purposes of Subsection 3, institutions shall set the detachment point (D) at the threshold at which losses within the pool of underlying exposures would result in a complete loss of principal for the tranche containing the relevant securitisation position. The detachment point (D) shall be expressed as a decimal value between zero and one and shall be equal to the greater of zero and the ratio of the outstanding balance of the pool of underlying exposures in the securitisation minus the outstanding balance of all tranches that rank senior to the tranche containing the relevant securitisation position to the outstanding balance of all the underlying exposures in the securitisation. 3. For the purposes of paragraphs 1 and 2, institutions shall treat overcollateralisation and funded reserve accounts as tranches and the assets comprising such reserve accounts as underlying exposures. 4. For the purposes of paragraphs 1 and 2, institutions shall disregard unfunded reserve accounts and assets that do not provide credit enhancement, such as those that only provide liquidity support, currency or interest rate swaps and cash collateral accounts related to those positions in the securitisation. For funded reserve accounts and assets providing credit enhancement, the institution shall only treat as securitisation positions the parts of those accounts or assets that are loss-absorbing. 5. Where two or more positions of the same transaction have different maturities but share pro rata loss allocation, the calculation of the attachment points (A) and the detachment points (D) shall be based on the aggregated outstanding balance of those positions and the resulting attachment points (A) and detachment points (D) shall be the same.6. For the purposes of calculating the attachment points (A) and detachment points (D) of a synthetic securitisation, the originator institution of the securitisation shall treat the exposure value of the securitisation position corresponding to synthetic excess spread referred to in point (e) of Article 248(1) as a tranche, and adjust the attachment points (A) and detachment points (D) of the other tranches it retains by adding that exposure value to the outstanding balance of the pool of underlying exposures in the securitisation. Institutions other than the originator institution shall not make this adjustment.

Version in force , Modified

Amended by Regulation (EU) 2017/2401 32017R2401 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Not in every listWhat this means

Found in the text, but not every source lists it — the text comparison found this change; the EU's own amendment metadata does not list it. The source that does not name it is the EU's own amendment metadata. Both are shown; neither is overruled.

Explanation, written by a model and checked against the cited text

The article's heading and entire substantive content were replaced: the earlier version addressed additional own funds requirements for securitisations of revolving exposures with early amortisation provisions, while the later version instead sets out how institutions determine the attachment point (A) and detachment point (D) for securitisation positions.

The prior rules on originator's and investors' interests, exemptions, maximum risk-weighted exposure amounts, controlled versus non-controlled early amortisation, the excess spread conversion factor table, and the fixed 90% and 100% conversion factors have all been removed, and are replaced with provisions on calculating A and D as decimal values, treatment of overcollateralisation and reserve accounts, disregard of unfunded reserve accounts and non-credit-enhancing assets, and aggregation of outstanding balances for positions with different maturities sharing pro rata loss allocation.

Cited: Art. 256, v1 (external, EUR-Lex) · Art. 256, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page