significant credit risk has been transferred to third parties either through funded or unfunded credit protection;

the originator institution applies a 1 250  % risk weight to all securitisation positions that it retains in the securitisation or deducts these securitisation positions from Common Equity Tier 1 items in accordance with point (k) of Article 36(1).

the risk-weighted exposure amounts of the mezzanine securitisation positions held by the originator institution in the securitisation do not exceed 50 % of the risk-weighted exposure amounts of all mezzanine securitisation positions existing in this securitisation;

the originator institution does not hold more than 20 % of the exposure value of the first loss tranche in the securitisation, provided that both of the following conditions are met:

1. (i)

   the originator can demonstrate that the exposure value of the first loss tranche exceeds a reasoned estimate of the expected loss on the underlying exposures by a substantial margin;

2. (ii)

   there are no mezzanine securitisation positions.

the institution has adequate internal risk-management policies and methodologies to assess the transfer of risk;

the institution has also recognised the transfer of credit risk to third parties in each case for the purposes of the institution’s internal risk management and its internal capital allocation.

the transaction documentation reflects the economic substance of the securitisation;

the credit protection by virtue of which credit risk is transferred complies with Article 249;

the securitisation documentation does not contain terms or conditions that:

1. (i)

   impose significant materiality thresholds below which credit protection is deemed not to be triggered if a credit event occurs;

2. (ii)

   allow for the termination of the protection due to deterioration of the credit quality of the underlying exposures;

3. (iii)

   require the originator institution to alter the composition of the underlying exposures to improve the average quality of the pool; or

4. (iv)

   increase the institution’s cost of credit protection or the yield payable to holders of positions in the securitisation in response to a deterioration in the credit quality of the underlying pool;

the credit protection is enforceable in all relevant jurisdictions;

where applicable, the transaction documentation makes it clear that the originator or the sponsor may only purchase or repurchase securitisation positions or repurchase, restructure or substitute the underlying exposures beyond their contractual obligations where such arrangements are executed in accordance with prevailing market conditions and the parties to them act in their own interest as free and independent parties (arm’s length);

where there is a clean-up call option, that option meets all the following conditions:

1. (i)

   it may be exercised at the discretion of the originator institution;

2. (ii)

   it may only be exercised when 10 % or less of the original value of the underlying exposures remains unamortised;

3. (iii)

   it is not structured to avoid allocating losses to credit enhancement positions or other positions held by investors in the securitisation and is not otherwise structured to provide credit enhancement;

the originator institution has received an opinion from a qualified legal counsel confirming that the securitisation complies with the conditions set out in point (d) of this paragraph;