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)

Specific information U.K.

a

Where appropriate, include a reference to the relevant sections of the underlying documentation where the information is available.

b

Commission Delegated Regulation (EU) 2019/1851 of 28 May 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on the homogeneity of the underlying exposures in securitisation (OJ L 280, 6.11.2019, p. 1).

c

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).

d

Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34).

Field numberArticle of Regulation (EU) 2017/2402FIELD NAMEConfirmationConcise explanationDetailed explanationCONTENT TO BE REPORTEDaADDITIONAL INFORMATION
STSS20Article 20(1)Transfer of the underlying exposures by true sale or assignment√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
STSS21Article 20(2)No severe clawback√A concise explanation on whether any of the severe clawback provisions referred to in Article 20(2)(a) or (b) of Regulation (EU) 2017/2402 are found in the securitisation, and state whether the provisions in Article 20(3) of Regulation (EU) 2017/2402 apply.Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS22Article 20(3)Exemption for clawback provisions in national insolvency laws√In conjunction with STSS21, where appropriate, a confirmation whether there are no circumstances that could give rise to clawback provisions in accordance with Article 20(1) and (2) of Regulation (EU) 2017/2402.Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS23Article 20(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 Article 20(1) to 20(3) of Regulation (EU) 2017/2402.Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS24Article 20(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, 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 20(5) of Regulation (EU) 2017/2402.

Where alternative mechanisms of transfer are used, a confirmation that an insolvency of the originator would not prejudice or prevent the SSPE from enforcing its rights.

Item 3.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS25Article 20(6)Representations and warranties√A concise explanation on how and whether there are representations and warranties provided by the seller that the underlying exposures 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
STSS26Article 20(7)Eligibility criteria which do not allow for active portfolio management of the underlying exposures on a discretionary basis√

A concise explanation on how:

  • the underlying exposures transferred from, or assigned by, the seller to the SSPE meet predetermined, clear and documented eligibility criteria which do not allow for active portfolio management of those exposures on a discretionary basis;

  • the selection and transfer of the underlying exposures in the securitisation is based on clear processes which facilitate the identification of which exposures are selected for or transferred into the securitisation and that they do not allow for their active portfolio management on a discretionary basis.

Section 2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS27Article 20(8)Homogeneity of assets√A detailed explanation as to the homogeneity of the pool of underlying exposures backing the securitisation. For that purpose, include a reference to the EBA RTS on homogeneity (Commission Delegated Regulation (EU) 2019/1851)b, and explain in detail how each of the conditions specified in the Article 1 of that Delegated Regulation are met.Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS28Article 20(9)Underlying Exposure Obligations: no re securitisation√A 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 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS29Article 20(10)Soundness of the underwriting standard√

A detailed explanation:

  • as to whether the underlying exposures were originated in the lender’s ordinary course of business and whether the applied underwriting standards were no less stringent that those applied at the same time of origination to exposures that were not securitised.

  • as to whether the underwriting standards and any material changes from prior underwriting standards have been or will be fully disclosed to potential investors without undue delay.

  • on how securitisations where the underlying exposures are residential loans, the pool of underlying exposures meet the requirement of the second paragraph of Article 20(10) of Regulation (EU) 2017/2402.

  • as to whether an assessment of the borrower’s creditworthiness meets the requirements set out in Article 8 of Directive 2008/48/ECc or paragraphs 1 to 4, point (a) of paragraph 5, and paragraph 6 of Article 18 of Directive 2014/17/EUd or, where applicable, equivalent requirements in third countries.

Item 2.2.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS30Article 20(10)Originator/Lender Expertise√A detailed explanation as to whether the originator or original lender have 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
STSS31Article 20(11)Transferred underlying exposures without exposures in default√

A detailed explanations as to whether:

  • the transferred underlying exposures do not include, at the time of selection, defaulted exposures (or restructured exposures) as defined in Article 20(11) of Regulation (EU) 2017/2402.

  • the requirements referred to in Article 20(11)(a)(i) and (ii) of Regulation (EU) 2017/2402 are met.

  • the requirements referred to in Article 20(11)(b) of Regulation (EU) 2017/2402 are met;

  • the requirements referred to in Article 20(11)(c) of Regulation (EU) 2017/2402 are met.

Item 2.2.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS32Article 20(12)At least one payment at the time of transfer√

A confirmation whether, at the time of transfer of the exposures, the debtors have made at least one payment.

A confirmation whether or not the exemption 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
STSS33Article 20(13)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.Item 3.4.1 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS34Article 21(1)Compliance with risk retention requirements√

A concise explanation as to how the originator, sponsor or original lender of a non-ABCP securitisation comply with the risk retention requirement as provided for in Article 6 of Regulation (EU) 2017/2402.

An indication which entity retains the material net economic interest and which option is used for retaining the risk:

(1)

vertical slice in accordance with Article 6(3)(a) of Regulation (EU) 2017/2402;

(2)

seller’s share in accordance with Article 6(3)(b) of Regulation (EU) 2017/2402;

(3)

randomly-selected exposures kept on balance sheet, in accordance with Article 6(3)(c) of Regulation (EU) 2017/2402;

(4)

first loss tranche in accordance with Article 6(3)(d) of Regulation (EU) 2017/2402;

(5)

first loss exposure in each asset in accordance with Article 6(3)(e) of Regulation (EU) 2017/2402;

(6)

no compliance with risk retention requirements set out in Article 6(3) of Regulation (EU) 2017/2402;

(7)

other options used.

Item 3.1 of Annex 9 and Item 3.4.3 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS35Article 21(2)Mitigation of Interest rates (IR) and currency risks (FX) Risks√A concise explanation as to whether the interest rates and currency risks are appropriately mitigated and that measures are taken to mitigate such risks and confirm that such measures are available to investors.Items 3.4.2 and 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS36Article 21(2)Derivatives Purchased/Sold by SSPE√A concise declaration that the SSPE has not entered into derivative contracts except in the circumstances referred to in Articles 21(2) of Regulation (EU) 2017/2402.Items 3.4.2 and 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS37Article 21(2)Derivatives using common standards√A concise explanation on 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
STSS38Article 21(3)Referenced interest payments based on generally used interest rates√A concise explanation on whether and how any referenced interest payments under the securitisation 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
STSS39Article 21(4)No trapping of cash following enforcement or an acceleration notice√A declaration in general terms that each of the requirements of Article 21(4) of Regulation (EU) 2017/2402 are met.Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS40Article 21(4)(a) No amount of cash shall be trapped√Confirmation that no cash would be trapped following the delivery of enforcement or an acceleration notice.Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS41Article 21(4)(b) principal receipts shall be passed to investors√Confirmation that principal receipts from the underlying exposures are passed to the 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
STSS42Article 21(4)(c) repayment shall not be reversed with regard to seniority√Confirmation that the repayment of the securitisation positions is not to be reversed with regard to their seniority.Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS43Article 21(4)(d) no provisions shall require automatic liquidation of the underlying exposures at market value√Confirmation that no 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
STSS44Article 21(5)Securitisations featuring non-sequential priority of payments√

Confirmation that transaction featuring non-sequential priority of payments include triggers relating to the performance of the underlying exposures resulting in the priority of payment reverting to sequential payments in order of seniority.

Confirmation that such triggers include at least the deterioration in the credit quality of the underlying exposures below a predetermined threshold.

Item 3.4.5 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS45Article 21(6)Revolving securitisation with early amortisation events for termination of revolving period based on prescribed triggers√A concise explanation, where applicable, on how the provisions in Art 21(6)(a) of Regulation (EU) 2017/2402 are reflected in the transaction documentation.Items 2.3 and 2.4 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS46Article 21(6)(a)(a) deterioration in the credit quality of the underlying exposures√A concise explanation where applicable, on how the provisions in Art 21(6)(a) of Regulation (EU) 2017/2402 are reflected in the transaction documentation.Items 2.3 and 2.4 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS47Article 21(6)(b)(b) occurrence of an insolvency-related event of the originator or servicer√A concise explanation, where applicable, on how the provisions or triggers in Art 21(6)(b) of Regulation (EU) 2017/2402 are reflected in the transaction documentation.Items 2.3 and 2.4 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS48Article 21(6)(c)(c) value of the underlying exposures held by the SSPE falls below a pre-determined threshold√A concise explanation, where applicable, on how the provisions or triggers in Art 21(6)(c) of Regulation (EU) 2017/2402 are reflected in the transaction documentation, using cross-references to the relevant sections of the underlying documentation where the information can be foundItems 2.3 and 2.4 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS49Article 21(6)(d)(d) a failure to generate sufficient new underlying exposures meeting pre-determined credit quality (trigger for termination of the revolving period)√A concise explanation, where applicable, on how the provisions in Art 21(6)(d) of Regulation (EU) 2017/2402 are reflected in the transaction documentation.Items 2.3 and 2.4 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS50Article 21(7)(a)(a) Information regarding contractual obligations of the servicer, trustee and other ancillary service providers√Confirmation that the transaction documentation specifies all of the requirements under Article 21(7)(a) of Regulation (EU) 2017/2402.Item 3.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS51Article 21(7)(b)(b) Servicing Continuity Provisions√Confirmation that the securitisation documentation expressly satisfies the requirements of Article 21(7)(b) of Regulation (EU) 2017/2402.Item 3.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS52Article 21(7)(c)(c) Derivative Counterparties Continuity Provisions√Confirmation that the transaction documentation satisfies all of the information referred to in Article 21(7)(c) of Regulation (EU) 2017/2402.Item 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS53Article 21(7)(c)(c) Liquidity providers and account bank continuity provisions√Confirmation that the transaction documentation satisfies all of the information under Article 21(7 (c) of Regulation (EU) 2017/2402.Item 3.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS54Article 21(8)Required expertise from the servicer and policies and adequate procedures and risk management controls in place√A detailed explanation on how the requirements of Article 21(8) are met. As part of the explanation, include references to any policies and procedures intended to ensure compliance with these requirements.Item 3.4.6 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS55Article 21(9)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 21(9) of Regulation (EU) 2017/2402.Item 2.2.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS56Article 21(9)Priorities of payment and triggers events√Confirmation that the securitisation documentation sets out the priorities of payment and trigger events pursuant to Articles 21(9) of Regulation (EU) 2017/2402.Item 3.4.7 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS57Article 21(10)Timely resolution of conflicts between classes of investors & responsibilities of trustee√Confirmation that the provisions under Article 21(10) of Regulation (EU) 2017/2402 relating to the timely resolutions of conflicts are met.Items 3.4.7 and 3.4.8 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS58Articles 22(1)Historical Default and Loss Performance Data√Confirmation that the data required to be made available under Article 22(1) of Regulation (EU) 2017/2402 is available, stating clearly where the information can be found.Item 2.2.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980
STSS59Article 22(2)Sample of the underlying exposures subject to external verifications√Confirmation that a sample of the underlying exposures was subject to external verification prior to the issuance of the securities by an appropriate and independent party.N/A
STSS60Article 22(3)Availability of a liability cash flow model to potential investors√Confirmation that a liability cash flow model is available to potential investors prior to pricing and state clearly where this information is available. After pricing, confirmation that such information has been made available to potential investors upon request.N/A
STSS61Article 22(4)Publication on environmental performance of underlying exposures consisting of residential loans or car loans or leases√A concise explanation on whether the information related to the environmental performance of the assets financed by residential loans, or auto loans or leases is available pursuant to Article 7(1)(a) of Regulation (EU) 2017/2402 and a statement where that information is to be found.N/A
STSS62Article 22(5)Originator and sponsor responsible for compliance with Article 7√

Confirmation that:

  • the originator and the sponsor are complying with Article 7 of Regulation (EU) 2017/2402;

  • the information required by Article 7(1)(a) has been made available to potential investors before pricing upon request;

  • the information required by Article 7(1)(b) to (d) has been made available before pricing at least in draft or initial form.

N/A