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Commission Delegated Regulation (EU) 2020/1226Show full title
Commission Delegated Regulation (EU) 2020/1226of 12 November 2019supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council and laying down regulatory technical standards specifying the information to be provided in accordance with the STS notification requirements(Text with EEA relevance)
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- 2020 No. 1226
- ANNEX II
- Specific information
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EUR 2020 No. 1226 may be subject to amendment by EU Exit Instruments made by the Financial Conduct Authority under powers set out in The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 1. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.
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Changes and effects yet to be applied to Annex II Division 2:
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 1 3
Specific information U.K.
| a Where appropriate, include a reference to the relevant sections of the underlying documentation where the information is available. | |||||||
| b Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). | |||||||
| c Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349). | |||||||
| Field number | Article of Regulation (EU) 2017/2402 | FIELD NAME | Confirmation | Concise explanation | Detailed explanation | CONTENT TO BE REPORTEDa | ADDITIONAL INFORMATION |
|---|---|---|---|---|---|---|---|
| STSAT20 | Article 24(1) | Underlying exposures acquired by true sale | √ | A concise explanation of how the transfer of the underlying exposures is made by means of true sale or transfer with the same legal effect in a manner that is enforceable against the seller or any third party. | Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT21 | Article 24(2) | No severe clawback | √ | A concise explanation on whether any of the severe clawback provisions referred to in points (a) or (b) of Article 24(2) of Regulation (EU) 2017/2402 are found in the securitisation, and whether the provisions in Article 24(3) of Regulation (EU) 2017/2402 apply. | Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT22 | Article 24(3) | Exemption for clawback provisions in national insolvency laws | √ | In conjunction with STSS21, where appropriate, confirmation that there are no circumstances that could give rise to clawback provisions in accordance with Article 24(1) and (2) of Regulation (EU) 2017/2402. | Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT23 | Article 24(4) | Transfer where the seller is not the original lender | √ | Where the seller is not the original lender, a statement confirming that the securitisation complies with Articles 24(1) to 24(3) of Regulation (EU) 2017/2402. | Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT24 | Article 24(5) | Transfer performed by means of an assignment and perfected at a later stage. | √ | Where the transfer of the underlying exposures is performed by means of an assignment and perfected at a later stage than at the closing of the securitisation, provide a concise explanation on how and whether that perfection is effected at least through the required minimum pre-determined event triggers as listed in Article 24(5) of Regulation (EU) 2017/2402. | Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT25 | Article 24(6) | Representations and warranties | √ | A concise explanation on whether there are representations and warranties provided by the seller that the assets included in the securitisation are not encumbered or otherwise in a condition that can be foreseen to adversely affect the enforceability of the true sale or assignment or transfer with the same legal effect. | Item 2.2.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT26 | Article 24(7) | Eligibility criteria which do not allow for active portfolio management of the underlying exposures on a discretionary basis | √ | A concise explanation whether:
| Section 2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT27 | Article 24(8) | No re-securitisation | √ | Confirmation that the underlying exposures do not include any securitisation positions and that the notified securitisation is therefore not a re-securitisation. | Item 2.2.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT28 | Article 24(9) | Transferred underlying exposures without defaulted exposures | √ | A detailed explanation how the transferred underlying exposures do not include, at the time of selection, defaulted exposures or restructured exposures as set out in Article 24(9) of the Regulation (EU) 2017/2402, as applicable. Where appropriate, a clear statement whether the securitisation contains any credit-impairedness at the time of securitisation as specified in Article 24(9)(a)(i) of Regulation (EU) 2017/2402. Confirmation that:
| Item 2.2.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT29 | Article 24(10) | At least one payment at the time of transfer | √ | Confirmation whether, at the time of transfer of the exposures, the debtors have made at least one payment. Where no payment has been made, an explanation why this is the case, including a statement as to whether the reason is one of the exceptions permitted under Article 20(12) of Regulation (EU) 2017/2402 applies. | Items 3.3 and 3.4.6 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT30 | Article 24(11) | Repayment of the holders shall not have been structured to depend predominantly on the sale of assets. | √ | A detailed explanation of the degree of dependence of the repayments of the holders of the securitisation position on the sale of assets securing the underlying exposures. Where appropriate, a detailed explanation as to whether repayments of the investors are not considered to depend on the sale of assets, as specified under the second subparagraph of Article 24(11) of Regulation (EU) 2017/2402. | Item 3.4.1 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT31 | Article 24(12) | Mitigation of Interest rates (IR) and currency risks (FX) Risks | √ | A concise explanation whether and how the interest rates and currency risks are appropriately mitigated and confirm that the measures to that effect are disclosed. A concise explanation whether any hedging instruments used are underwritten and documented according to commonly accepted standards. | Items 3.4.2 and 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT32 | Article 24(12) | Derivatives Purchased/Sold by SSPE | √ | Except for the purpose of hedging interest-rate or currency risk, a concise explanation whether the SSPE has not entered into derivative contracts | Items 3.4.2 and 3.8 of Annex 19 of Commission Delegated Regulation (EU2019/980 | ||
| STSAT33 | Article 24(12) | Derivatives in Underlying Exposures | √ | A concise explanation on the presence of any derivatives in the pool of underlying exposures. | Items 3.4.2 and 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT34 | Article 24(12) | Derivatives using common standards | √ | A concise explanation whether any derivatives permissible under Article 24(12) are underwritten and documented according to common standards in international finance. | Items 3.4.7 and 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT35 | Article 24(13) | Clear and consistent definitions relating to the treatment of problem loans | √ | Confirmation that the underlying documentation sets out in clear and consistent terms, definitions, remedies and actions relating to the debt situations set out in Article 24(13) of Regulation (EU) 2017/2402. | Item 2.2.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT36 | Article 24(13) | Priorities of payment and triggers events | √ | Confirmation that the transaction documentation sets out the priorities of payment and triggers events pursuant to Article 24(13) of Regulation (EU) 2017/2402. | Items 3.4.7 and 3.4.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT37 | Article 24(14) | Historical Default and Loss Performance Data | √ | Confirmation that the data required to be made available under Article 24(14) of Regulation (EU) 2017/2402 is available and a clear statement where the information is available to potential investors before pricing. Where the sponsor does not have access to such data, confirmation that the seller has provided access to data as specified under Article 24(14) of Regulation (EU) 2017/2402. Confirmation that the data are available and state clearly, where the information is available and that the data cover a period no shorter than five years except for trade receivables and other short-term receivables for which the historical period is no shorter than three years. | Item 2.2.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT38 | Article 24(15) | Homogeneity of assets | √ | A detailed explanation how the securitisation is backed by a pool of underlying exposures that are homogenous, taking into account the characteristics relating to the cash flows of different asset types including their contractual, credit-risk and prepayment characteristics. | Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT39 | Article 24(15) | Underlying Exposure Obligations | √ | Confirmation that the pool of underlying exposures has a remaining weighted average life of no more than one year and that none of the underlying exposures has a residual maturity of more than three years. Confirmation whether the derogation regarding pools of auto loans, auto leases or equipment lease transactions applies, in accordance with the third paragraph of Article 24(15) of Regulation (EU) 2017/2402. | Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT40 | Article 24(15) | Underlying Exposure Obligations | √ | Confirmation, where appropriate, that the underlying exposures:
| Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT41 | Article 24(16) | Referenced interest payments based on generally used interest rates | √ | A concise explanation whether and how any referenced interest payments under the ABCP securitisation’s assets and liabilities are calculated by reference to generally used market interest rates or generally used sectoral rates reflective of the cost of funds. | Item 2.2.2 and 2.2.13 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT42 | Article 24(17) | No trapping of cash following enforcement or acceleration notice | √ | A concise explanation on whether each of the requirements of Article 24(17) of Regulation (EU) 2017/2402 are met, including a concise explanation of cases where cash may be trapped. | Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT43 | Article 24(17) | (a) No trapping of cash following enforcement or acceleration | √ | Confirmation that no cash would be trapped following an enforcement or an acceleration notice. | Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT44 | Article 24(17) | (b) Principal receipts shall be passed to investors | √ | Confirmation that principal receipts from the underlying exposures are passed to investors via sequential amortisation of the securitisation positions, as determined by the seniority of the securitisation position. | Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT45 | Article 24(17) | (c) No provisions shall require automatic liquidation of the underlying exposures at market value | √ | Confirmation that not any provisions require automatic liquidation of the underlying exposures at market value. | Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT46 | Article 24(18) | Soundness of the underwriting standards | √ | A detailed explanation as to whether the underlying exposures were originated in the seller’s ordinary course of business, specifying whether the underwriting standard are no less stringent that those applied to exposures that were not securitised. A detailed explanation as to whether any material changes from prior underwriting standards have been disclosed to the sponsor and others parties directly exposed to the ABCP securitisation. | Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT47 | Article 24(18) | Seller expertise | √ | A detailed explanation as to whether the seller has the required expertise in originating exposures of a similar nature to those securitised. | Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT48 | Article 24(19) | Revolving ABCP securitisation/credit quality trigger. | √ | A detailed explanation how the provisions or triggers in Art 24(19) of Regulation (EU) 2017/2402 are included in the securitisation documentation. | Items 2.3 and 2.4 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT49 | Article 24(20) | Securitisation Participant Duties | √ | Confirmation that the securitisation documentation includes the contractual obligations, duties and responsibilities of the sponsor, the servicer and the trustee, if any, and other ancillary service provider. | Item 3.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT50 | Article 24(20) | Servicing Continuity Provisions | √ | Confirmation that the securitisation documentation includes the processes and responsibilities necessary to ensure that a default or insolvency of the servicer does not result in a termination of servicing. | Item 3.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT51 | Article 24(20) | Derivative Counterparty and account bank continuity Provisions | √ | Confirmation that the securitisation documentation includes provisions that ensure the replacement of derivative counterparties and the account bank upon their default, insolvency and other specified events, where applicable. | Item 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
| STSAT52 | Article 24(20) | Sponsor Robustness | √ | Confirmation that the securitisation documentation includes provisions on how the sponsor meets the requirements Article 25(3) of Regulation (EU) 2017/2402. | Item 3.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980 | ||
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