Commission Delegated Regulation (EU) 2015/35Show full title

Article 215 U.K. Guarantees

In the calculation of the Basic Solvency Capital Requirement, guarantees shall only be recognised where explicitly referred to in this Chapter, and where in addition to the qualitative criteria in Articles 209 and 210, all of the following criteria are met:

(a)

the credit protection provided by the guarantee is direct;

(b)

the extent of the credit protection is clearly defined and incontrovertible;

(c)

the guarantee does not contain any clause, the fulfilment of which is outside the direct control of the lender, that:

(i)

would allow the protection provider to cancel the protection unilaterally;

(ii)

would increase the effective cost of protection as a result of a deterioration in the credit quality of the protected exposure;

(iii)

could prevent the protection provider from being obliged to pay out in a timely manner in the event that the original obligor fails to make any payments due;

(iv)

could allow the maturity of the credit protection to be reduced by the protection provider;

(d)

on the default, insolvency or bankruptcy or other credit event of the counterparty, the insurance or reinsurance undertaking has the right to pursue, in a timely manner, the guarantor for any monies due under the claim in respect of which the protection is provided and the payment by the guarantor shall not be subject to the insurance or reinsurance undertaking first having to pursue the obligor;

(e)

the guarantee is an explicitly documented obligation assumed by the guarantor;

(f)

the guarantee fully covers all types of regular payments the obligor is expected to make in respect of the claim.