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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 (Text with EEA relevance)
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Regulation (EU) No 575/2013 of the European Parliament and of the Council,
Article 147
is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1. The methodology used by the institution for assigning exposures to different exposure classes shall be appropriate and consistent over time.
2. Each exposure shall be assigned to one of the following exposure classes:
(a) exposures to central governments and central banks;
(b) exposures to institutions;
(c) exposures to corporates;
(d) retail exposures;
(e) equity exposures;
(f) items representing securitisation positions;
(g) other non credit-obligation assets.
3. The following exposures shall be assigned to the class laid down in point (a) of paragraph 2:
(a) exposures to regional governments, local authorities or public sector entities which are treated as exposures to central governments under Articles 115 and 116;
(b) exposures to multilateral development banks referred to in Article 117(2);
(c) exposures to International Organisations which attract a risk weight of 0 % under Article 118.
4. The following exposures shall be assigned to the class laid down in point (b) of paragraph 2:
(a) exposures to regional governments and local authorities which are not treated as exposures to central governments in accordance with Article 115(2) and (4);
(b) exposures to public sector entities which are not treated as exposures to central governments in accordance with Article 116(4);
(c) exposures to multilateral development banks which are not assigned a 0 % risk weight under Article 117; and
(d) exposures to financial institutions which are treated as exposures to institutions in accordance with Article 119(5).
5. To be eligible for the retail exposure class laid down in point (d) of paragraph 2, exposures shall meet the following criteria:
(a) they shall be one of the following:
exposures to one or more natural persons;
exposures to an SME, provided in that case that the total amount owed to the institution and parent undertakings and its subsidiaries, including any past due exposure, by the obligor client or group of connected clients, but excluding exposures secured on residential property collateral, shall not, to the knowledge of the institution, which shall have taken reasonable steps to confirm the situation, exceed EUR 1 million;
(b) they are treated by the institution in its risk management consistently over time and in a similar manner;
(c) they are not managed just as individually as exposures in the corporate exposure class;
(d) they each represent one of a significant number of similarly managed exposures.
In addition to the exposures listed in the first subparagraph, the present value of retail minimum lease payments shall be included in the retail exposure class.
6. The following exposures shall be assigned to the equity exposure class laid down in point (e) of paragraph 2:
(a) non-debt exposures conveying a subordinated, residual claim on the assets or income of the issuer;
(b) debt exposures and other securities, partnerships, derivatives, or other vehicles, the economic substance of which is similar to the exposures specified in point (a).
7. Any credit obligation not assigned to the exposure classes laid down in points (a), (b), (d), (e) and (f) of paragraph 2 shall be assigned to the corporate exposure class referred to in point (c) of that paragraph.
8. Within the corporate exposure class laid down in point (c) of paragraph 2, institutions shall separately identify as specialised lending exposures, exposures which possess the following characteristics:
(a) the exposure is to an entity which was created specifically to finance or operate physical assets or is an economically comparable exposure;
(b) the contractual arrangements give the lender a substantial degree of control over the assets and the income that they generate;
(c) the primary source of repayment of the obligation is the income generated by the assets being financed, rather than the independent capacity of a broader commercial enterprise.
9. The residual value of leased properties shall be assigned to the exposure class laid down in point (g) of paragraph 2, except to the extent that residual value is already included in the lease exposure laid down in Article 166(4).
10. The exposure from providing protection under an nth-to-default basket credit derivative shall be assigned to the same class laid down in paragraph 2 to which the exposures in the basket would be assigned, except if the individual exposures in the basket would be assigned to various exposure classes in which case the exposure shall be assigned to the corporates exposure class laid down in point (c) of paragraph 2.]
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