EBA consults on significant credit risk transfer for securitisation transactions

17 December 2013

The EBA launched a public consultation on draft Guidelines providing guidance to both originator institutions and competent authorities when assessing significant risk transfer for securitisation transactions. The public consultation runs until 17 March, 2014.

The EBA recognises that securitisation can be used as an effective credit risk transfer tool and for risk management purposes. If certain criteria are met, including the SRT requirements, originator institutions of a securitisation may consider the credit risk transfer in the calculation of own funds requirements.

However, to avoid regulatory capital arbitrage, it is important that competent authorities and originator institutions consider a range of factors when assessing whether effective credit risk transfer has occurred and SRT requirements have been met in a given transaction when transferring the credit risk to an independent third party.

In this respect, the proposed Guidelines include:

• requirements for originator institutions when engaging in securitisation transactions for SRT;
• requirements for competent authorities to assess transactions that claim SRT;
• requirements for competent authorities when assessing whether commensurate credit risk has been transferred to independent third parties.

Comments can be sent to the EBA by 17 March, 2014. A public hearing will take place at the EBA premises on 28 January 2014 from 14:00-16:00 UK time.

Press release

Consultation paper

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