Commission Implementing Regulation (EU) No 680/2014Show full title

[F1 6. COUNTERPARTY BREAKDOWN U.K.

42. Where a breakdown by counterparty is required the following counterparty sectors shall be used: U.K.

(a)

central banks;

(b)

general governments: central governments, state or regional governments, and local governments, including administrative bodies and non-commercial undertakings, but excluding public companies and private companies held by these administrations that have a commercial activity (which shall be reported under ‘ credit institutions ’ , ‘ other financial corporations ’ or ‘ non-financial corporations ’ depending on their activity); social security funds; and international organisations, such as institutions of the European Union, the International Monetary Fund and the Bank for International Settlements;

(c)

credit institutions: any institution covered by the definition in point (1) of Article 4(1) CRR ( ‘ undertaking the business of which is to take deposits or other repayable funds from the public and to grant credits for its own account ’ ) and multilateral development banks (MDBs);

(d)

other financial corporations: all financial corporations and quasi-corporations, other than credit institutions, such as investment firms, investment funds, insurance companies, pension funds, collective investment undertakings, and clearing houses as well as remaining financial intermediaries, financial auxiliaries and captive financial institutions and money lenders;

(e)

non-financial corporations (NFCs): corporations and quasi-corporations not engaged in financial intermediation but principally in the production of market goods and non-financial services, as defined in the Table of Part 3 of Annex II to the ECB BSI Regulation;

(f)

households: individuals or groups of individuals as consumers and producers of goods and non-financial services exclusively for their own final consumption, and as producers of market goods and non-financial and financial services provided that their activities are not those of quasi-corporations. Non-profit institutions which serve households ( ‘ NPISH ’ ) and which are principally engaged in the production of non-market goods and services intended for particular groups of households shall be included.

43. The counterparty sector allocation shall be based exclusively on the nature of the immediate counterparty. The classification of the exposures incurred jointly by more than one obligor shall be done on the basis of the characteristics of the obligor that was the more relevant, or determinant, for the institution to grant the exposure. Among other classifications, the distribution of jointly incurred exposures by counterparty sector, country of residence and NACE codes shall be driven by the characteristics of the more relevant or determinant obligor. U.K.

44. The immediate counterparties in the following transactions shall be: U.K.

(a)

for loans and advances, the immediate borrower. For trade receivables, the immediate borrower shall be the counterparty obliged to pay the receivables, except in transactions with recourse, where the immediate borrower shall be the transferor of receivables where the reporting institution does not acquire substantially all the risks and rewards of ownership of the transferred receivables;

(b)

for debt securities and equity instruments, the issuer of the securities;

(c)

for deposits, the depositor;

(d)

for short positions, the counterparty of the securities borrowing transaction or reverse repurchase agreement;

(e)

for derivatives, the direct counterparty of the derivative contract. For centrally cleared OTC derivatives, the direct counterparty shall be the clearing house acting as a central counterparty. Counterparty breakdown for credit risk derivatives refers to the sector where the counterparty of the contract (buyer or seller of protection) belongs;

(f)

for financial guarantees given, the counterparty shall be the direct counterparty of the guaranteed debt instrument;

(g)

for loan commitments and other commitments given, the counterparty whose credit risk is assumed by the reporting institution;

(h)

for loan commitments, financial guarantees and other commitments received, the guarantor or the counterparty that has provided the commitment to the reporting institution.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2020/429 of 14 February 2020 amending Implementing Regulation (EU) No 680/2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance).