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Ordinance On Large Exposures

Original Language Title: Bekendtgørelse om store engagementer

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Table of Contents
Appendix 1 Interconnected Customers
Appendix 2 Schemes with underlying engagements
Appendix 3 Capital commitment to large exposures of overruns capital requirements

Completion of large exposures 1)

Purline to section 71, paragraph 1. 2, section 148, no. 1-4 and 6, 175 (a), 2, and Section 373 (3). 4, in the law of financial activities, cf. Law Order no. 885 of 8. August 2011 :

Scope and definitions

§ 1. This notice shall apply to :

1) Financial institutions.

2) Realtor credit institutions.

3) Fund Broker Companies.

4) Investment management companies.

5) Filials here in the country of financial institutions, real credit institutions, fund-brokerers and investment management companies authorised in a country outside the European Union, which the Community has not contracted for it ; financial area (non-member countries).

6) Concerns where the parent company is one of the under No 1-4 companies or a financial holding company, cf. Section 5 (5). 1, no. 10-14, in the Act of Finance, and where Article 171 (1) is available. 2, SECTION 172. paragraph 2, section 173, paragraph 1. 2, or Section 174 (4). 2, in the Act of financial activities, a consolidated account shall be made.

7) Delgroups where one of the under No 1-4 companies or a financial holding company, cf. Section 5 (5). 1, no. 10-14, in the financial services law, a parent undertaking and under Section 171 (1). 2, section 172, paragraph 1. 2, section 173, paragraph 1. 2, or Section 174 (4). 2, in the Act of financial activities, a consolidated account shall be made.

8) Concerns where the parent company is a financial holding company that is not a fonds-brokerage, investment management, financial institution or a mortgage company, or a financial undertaking covered by section 177 (4). 1, in the law of financial activities.

Paragraph 2. The term ' establishment ` shall be used as a common name for all the names referred to in paragraph 1. 1, the units referred to by the notice shall apply.

Paragraph 3. Concerns covered by paragraph 1. 1, no. 8, where Section 145 of the Act of Financial Regulation is not applicable, is covered by the provisions of section 4, section 11, paragraph 1. 6, and section 12 of this notice.

§ 2. For the purposes of this notice :

1) Engagement : As defined in section 5 (5). 1, no. Sixteen, in the law of financial activities, that is to say, the sum of all the ends of the intermediender involved in a credit risk for the undertaking, and equity shares, with the exception of the following intermediendas :

a) In the case of currency transactions : interconnectivity which has been entered into in connection with the general conduct of a transaction for a period of 48 hours after payment has occurred.

b) For the purchase or sale of securities : interconnectivity made in the course of the general conduct of a transaction for a period of five working days after payment has been made, or the securities delivered, depending on the date on which the date of payment was made ; There's first.

c) In the case of payment services, including the execution of payment orders, clearing and settlement of securities in any currency and correspondent bank or offer of clearing, settlement and disposal of financial instruments to customers : Intermediate delays on the receipt of financing and other end-of-the-end result caused by the customer activity and not taking longer than the following business day.

d) In the case of payment services, including the execution of payment orders, clearing and settlement of securities in any currency and correspondent bank : Intraday intermediaries with institutes providing such services.

2) Credit Risk : The risk of suffering a financial loss as a result of the non-compliance of their payment obligations.

3) Customer : Any natural or legal person with whom the undertaking has a commitment.

4) Commercial stock : As defined in sections 6 and 7 in the notice of capital coverage.

5) Securities financing instruments : Repurchase operations, marker loans and transactions relating to loans or deposits of securities or commodities as defined in section 4 of the notice of capital coverage.

6) Terminal business : As defined in section 4 of the notice of capital coverage.

7) Covered bonds : Special covered bonds, mortgage bonds issued by 31. December 2007, case-bonds issued by Denmark's Skibscredit no later than 31. December 2007, as well as others covered bonds, cf. in Annex VI, Part 1 (1). Sixty-eight, to Directive 2006 /48/EC, as defined in Annex 3 to the notice of capital coverage.

8) Collective investment schemes : Dictionaries covered by Section 1 of the law on investment associations and so on.

9) Securitisation positions : Exposure to securitizations as defined in Annex 11 to the notice of capital coverage.

10) Pool schemes : Dictionaries included in the notice of pullouts and other tax-favoured savings and other tax-favoured areas, etc., cf. § 50, in the law of financial activities.

Commitment of a commitment

§ 3. The total commitment of a single customer is to be resigned by means of direct exposures to the Customer, with indirect exposures to the Customer in the form of underlying positions in units of collective investment schemes and in the form of underlying exposures to securitisation positions. The total commitment of a group of interconnected customers is to be done by paying customers to the customers that are part of the group of interconnected customers.

Paragraph 2. A group of interconnected customers must be delimited and identified in accordance with Annex 1.

Paragraph 3. The assessment of indirect exposures through underlying positions in units of collective investment schemes and securitisation positions shall be carried out in accordance with Annex 2.

§ 4. The individual parts of the commitment shall be made in accordance with the rules in the notification of financial reports for credit institutions and brokerage parties, etc., unless otherwise provided for in this notice, cf. however, section 145, paragraph, 9 and 10, in the law of financial activities.

Paragraph 2. Non-balancing items, cf. Annex 4 to the Executive Order for Capital Recovery is part of the commitment to the exposures to the nominal value after provisions.

Paragraph 3. The securities and financial instruments that are included in pool schemes, where the whole positive or negative yield of the pool is covered or covered by customers, are not included in the exposures.

Paragraph 4. Derived financial instruments covered by Annex 17 to the notice of capital coverage and terminating terminus shall be taken into account in the engagement with the counterparty in accordance with the rules for the assessment of the counterparty risk in Chapter 6 of the announcement of capital coverage.

Paragraph 5. Securities-financing instruments are included in the Engagement Decision as the loan. If you have permission to use the internal model method for the counterparty risk (EPE), in accordance with section 49 in the notice of capital coverage, the company may use this model in the inventory of exposures derived from securities financing instruments.

Paragraph 6. Where a purchase or sale of transferable securities or commodities, including spot shops, terminus stores and other business with physical delivery, are not processed at the beginning of the sixth working day following the agreed on a day of departure, enter the market value of the securities in question on the day of the day minus the agreed deviation price in the engagement with the counterpart, if the difference is positive ; in the sale of securities, the commitment is made up as the agreed deviation price minus those concerned. the market price of the securities market on the day of the day of sale, if the difference is positive.

Paragraph 7. If the undertaking has paid for securities or raw materials before delivery or has supplied securities or currency in the trading book before receiving payment, the amount of the amount due is included in the engagement with the counterpart from the beginning of the goods ; the sixth working day following the first agreed upon due date and to the payment of the assets, securities or raw materials, shall be delivered or written off.

Paragraph 8. For currency transactions, paragraph shall be found. However, 6 and 7 corresponding use shall be taken into account from the beginning of the third working day.

Niner. 9. The securities are included in the statement of the commitment with the issuer of the securities from the time of the conclusion of the act.

Paragraph 10. Applying the establishment ' Appendix 12 or Annex 15 to the Capital of Capital Distance Decision by taking into account the risk-weighted items for the trading book, the company of securities in the trading book shall include the difference in the case of a positive, medium-to-the-long-term basis ; short positions in all securities issued by the same issuer, where the position in each of the different securities shall be calculated according to the methods set out in Annex 12 for the notice of capital coverage.

Paragraph 11. If the company does not use Annex 12 or Annex 15 to the capital coverage statement by the inventory of the risk-weighted posts for the trading book, the company must include securities in the trading book in the engagement with the issuer. method which it commanders securities outside the trading book.

Nock. 12. In the case of emission guarantees, the guarantee of the commitment to the issuer of the securities issued by the issuer of the emission shall be included in the emissions by third parties, as a third party sign or committed to taking on the basis of a formal agreement.

Deduction for particularly safe parts

§ 5. The undertaking may in the calculation of the Engagement limits in section 145 (3). One and two, in the Act of Financial Company, disregard the following :

1) Engagements with central governments, central banks, or public entities that have zero-weight status according to the standard method of credit risk, cf. Annex 3 to the notification of capitac coverage.

2) Engagements with international organisations or multilateral development banks which have zero weight status according to the standard method of credit risk, cf. in Annex 3, to the notice of capital coverage.

3) Engagement with Danish municipalities and regions, the Self-Government of Greenland, Farmers and Greenland and ferry services, regional governments and local authorities in the European Economic Area (EEA), which have zero weight after the default method of credit risk, cf. Annex 3 to the Executive Order for Capital Recovery.

4) The requirements for authorization pursuant to Article 182 (2) shall be subject to the requirements of Article 182. 1, in the law of financial activities.

5) The commitment of the borrower or a credit institution which is the mother or subsidiary of the borrower or a subsidiary of a credit institution that is furnisher.

6) The exposures of the fund-brokerage and investment management societies shall ensure that the margin of the deposit has been paid.

7) Engagements guaranteed by deposit in deposit certificates issued by the lending undertaking or by a credit institution which is a parent or subsidiary of the loan undertaking and which is deposited with one of these undertakings.

8) Engagements arising from unused credit facilities classified as non-balance-sheet items with low risk in accordance with Annex 4 to the notice of capital coverage and under contract with the Customer, in accordance with which : The facility can only be utilized if it is satisfied that it will not result in them in section 145, paragraph 1. 1 or, if applicable, section 145. 2, in the law of financial activities, limits are exceeded.

9) Covered bonds.

10) 80%. for the value of exposures to regional or local authorities of the European Economic Area (EEA), which is attributed to a 20% increase in the capital of the home country. the risk weight according to the standard method of credit risk, cf. Annex 3 to the Executive Order for Capital Recovery.

11) Non-trailing engagements with credit institutions situated in the European Economic Area (EEA), provided that such exposures do not have a longer duration than it has been for the following commercial day and agreed in Danish, Norwegian, Swedish, or or Icelandic Krona.

12) 50%. for commitments made to the Danish National Bank or a clearing centre in connection with payment execution by the execution of securities transactions.

13) 50%. of emission guarantees with an initial maturity of less than 1 year.

14) 50%. by guarantees provided for VP Securities A/S (VP) capital base.

15) Received, statutory and statutory guarantees for mortgage credit institutions shall be given to the final register in the register and shall not be taken into account in the solvency statement.

Deductions for susceptised securities, guarantees, etc.

§ 6. The effect of the certainties, guarantees, etc. may be included in accordance with section 7 to 8 below if the establishment meets the minimum requirements and conditions for the inclusion of the certainties, guarantees, etc., as set out in Annex 7 to the announcement of capital cover, cf. however, paragraph 1 2.

Paragraph 2. Appreate the method in section 8 (3). 3, the company must comply with the relevant requirements of Annex 8 to the announcement of the capital cover for the own estimates of loss in the event of non-compliance (LGD) for the calculation of the impact of financial securities.

Paragraph 3. Has the company issued a credit note note that satisfies the conditions set out in Annex 7, point. EUR 29-34, for the notice of capital cover, may be credited to the creditside as a cash guarantee in accordance with the methods laid down in Section 8 (3). 1 and 3, in this notice.

Paragraph 4. Has the company entered into a network agreement on balancing claims which comply with the provisions of Annex 7, point. EUR 107, for the notice of capital coverage, may be credited to the creditside as a cash guarantee in accordance with the methods laid down in Section 8 (3). 1 and 3, in this notice.

Paragraph 5. Where the term "guarantee" is used in section 7 to 8 below, this addition includes credit derivatives that meet the requirements in order to be included in the account of the risk-weighting of the risk-weighted items pursuant to Annex 7, point. 28-34, to the announcement of capital cover, except for credit linked to notes.

§ 7. When a commitment is guaranteed by third parties or guaranteed by a third party, the company may be aware of the commitment to the Engagement Border Section of Section 145 (3). 1 and 2, in the law of financial activities,

1) examine the part of the engagement which is guaranteed to be concluded with the guarantee manufacturer rather than with the Customer, provided that the unsecured level of commitment to the guarantee would be awarded a risk-weight equivalent to or lower than the risk weight ; of the unsecured engagement with the Customer according to the standard method of credit risk in accordance with Annex 3 to the notice of capital coverage, and

2) examine the part of the exposures covered by the market value of the security, which has been concluded with the issuer of the security covering the Customer, provided that the part of the commitment covered by the security would be subject to : assists a risk-weight equivalent to or lower than the risk weight of the unsecured engagement with the Customer after the standard method of credit risk in accordance with Annex 3 to the notice of capital coverage.

Paragraph 2. If you apply the method referred to in paragraph 1 1, no. 1, for guarantees, the establishment must :

1) adjust the value of the engagement that is considered to be covered in accordance with the method set out in Annex 7, point. 18, for the announcement of capital cover, if the guarantee has been agreed in a currency other than the one agreed upon in the engagement ;

2) adjust the value of the commitment that is considered to be covered by the guarantee, in accordance with the method set out in Annex 7, point. 21-28, for the announcement of capital cover, if the term of the warranty is shorter than the duration of the term,

3) examine the part of the engagement that is not covered by the warranty, as a commitment to the customer.

Paragraph 3. If the undertaking applies Annex 12 and Annex 15 to the notice of the capital cover at the solvency statement, the company may not apply the method referred to in paragraph 1. 1, no. 2, on the part of the engagement that relates to items in the trading book.

Paragraph 4. If the duration of the protection is shorter than the duration of the term, the company may not apply the method referred to in paragraph 1. 1, no. 2.

§ 8. When the conditions set out in paragraph 5-7 is fulfilled, the company can, at the inventory of the Engagement Bounds in Section 145 (3). 1 and 2, in the Act of Financial Company, apply the fully adjusted size of the commitment according to the method of financial security, as defined in the following procedure. Annex 7, point. 58-96 and furtive. 107, for the notice of capital coverage, and the method for the assessment of the size of the securities financing instruments, etc. at netting, cf. Annex 10 to Capital Corder Notation.

Paragraph 2. Apprees the company the fully adjusted size of the engagement pursuant to paragraph 1. 1, the company may not simultaneously apply the method in section 7 (3). 1, no. 2, for other engagements, unless the undertaking also applies to the solvency tax in the same way both the developed method of financial security and the simple method of financial certainties.

Paragraph 3. Where the establishment of the solvency tax is estimated for losses in the event of non-compliance (LGD) for an exponeration category, cf. section 19-33 of the announcement of capital coverage, the undertaking may apply the Finance-SEC Permission to use its own estimates of the impact of financial securities on the inventory of exposures beyond the trading book in relation to the limits of § 145, paragraph. 1 and 2, in the law of financial activities. Permission requires,

1) the method of calculating the impact of financial securities on the uptake of the size of the commitment is consistent with the method used by the undertaking by estimation of the LGD in the solvency statement,

2) that the undertaking may estimate the impact of financial security on its exposures, which may be separated from other aspects of the loss in cases of non-compliance (LGD) ;

3) the undertaking ' s estimate of the impact of financial security is appropriate to use for the reduction of exposures for compliance with the Engagement limits of section 145 (3). 1 and 2, in the law of financial activities, and

4) the conditions set out in paragraph 1 5-7 is complete.

Paragraph 4. Appreuse the method in paragraph 1. The company may not at the same time apply the methods laid down in paragraph 1 Paragraph 1 or in section 7 (4). 1, no. Two, for other exposures.

Paragraph 5. A company that uses the methods laid down in paragraph 1. 1 or 3 must periodically carry out the stress tests of credit risk concentrations, including in relation to the sales price of securities which are part of the calculation of the reduction in the commitment. The stress tests must include risks as a result of potential changes in market conditions that could have a negative impact on both the adequate base capital, cf. § 124, paragraph 1. One, and paragraph 125, paragraph 1. Paragraph 1, in the law on financial activities, which are, in the face of the possibilities of achieving security in stressful situations, of the situation. The company must demonstrate that the stress tests carried out are adequate and appropriate for the assessment of such risks.

Paragraph 6. If the stress tests referred to in paragraph 1 are carried out, 5 indicates a lower reality value of certainties in stress situations other than the value which could be taken as a minimum by the inventory of the exposures referred to in paragraph 1. The value of safety shall be reduced accordingly by the calculation of the size of the commitment to the limits of Article 145 (3). 1 and 2, in the law of financial activities.

Paragraph 7. A company that uses the method referred to in paragraph 1. 1 or 3 shall compile the following business procedures for the handling of risk concentrations :

1) Business management practices resulting from a lack of consistency between the duration of the engagement and the maturity of the asset being provided to security.

2) Businesses for handling situations where stress tests indicate a lower reality value of certainties in stress situations other than the one that is part of the method referred to in paragraph 1. Paragraph 1 or, where appropriate, paragraph 1. 3.

3) Business management practices resulting from the use of credit risk-reduction methods, including major indirect credit-related credit, to a security-issued issuer of securities.

§ 9. The company may set up the engagement by up to 50%. for the value of a residential voyage, if at least one of the following conditions is met, cf. however, paragraph 1 2 :

1) The commitment shall be guaranteed by pant in a residential property which is or will be inhabited or leased by the owner, including recreation houses and farmhouses for agricultural navigation, or by the shares of Finnish housing companies operating under the Finnish law ; housing companies of 1991 or later equivalent legislation.

2) The commitment relates to a lease transaction where the landlord keeps the full ownership of the renting residence as long as the tenant has not used a possible purchase option

Paragraph 2. The conditions set out in Annex 3, point. 16, for the announcement of capital cover, must be fulfilled in order to reduce the commitment to the payment of the commitment under paragraph 1. 1.

§ 10. The company may set up the engagement by up to 50%. the value of the office and business end-end, agricultural and forestry, gardenings etc., if at least one of the following conditions is met, cf. however, paragraph 1 2-4 :

1) The commitment is guaranteed by pant in an office and business end or in an agricultural and forestry navigation, gardenery, or in units in Finnish housing companies operating under the Finnish Law on Housing Companies of 1991 or later ; corresponding legislation relating to office and business or wheeled or agricultural and forestry navigation, gardeners, etc.

2) The commitment relates to a lease transaction by the relevant office and business end or agricultural and forestry navigation, garneri, etc.

Paragraph 2. The office and business state, or agricultural and forestry, the gardeners shall be completed, rented and shall be tentacle bearing.

Paragraph 3. The conditions set out in Annex 3, point. 16 to the announcement of capital cover must be fulfilled to furant in office and business end-end, or in wheeled or wheeled agricultural and forestry, etc. may be reduced by virtue of paragraph 1. 1.

Paragraph 4. The value of the property may not be substantially dependent on the credit quality of borrowers. It is also a condition that the risk of borrowers is not substantially dependent on the value of the underlying property, but rather by the basic ability of borrowers to reopen the debt in another way.

Exertion of Engagement limits for exposures in the trading book

§ 11. An application in accordance with Article 145 (3). 7 in the Act of Finance, authorising the exposures of trade in trading stock in § 145, paragraph 1. 1 and 2 of the Act of Finance, shall provide a justification for the undertaking ' s need for the possibility of exceeding the Engagement limits, providing information on the instruments of the trade inventory which is expected to give rise to ; Excets and indication of which customers or groups of interconnected customers must be subject to an overshoot.

Paragraph 2. Pursuing of the financial system pursuant to Article 145 (3). 7, in the Act of Financial Services, will be possible for a period of one year to be achieved, after which the excess of the Engagement limits will require a renewed authorisation.

Paragraph 3. Does the undertaking have a licence from the Financial supervision pursuant to paragraph 1 2, the company must fulfil the following :

1) The company ' s involvement with the Customer or the group of interconnected customers outside the trading book must be within the limits of section 145, paragraph 1. 1 and 2, in the law of financial activities, in order to exceed the commercial stock of the commercial stock.

2) The company must comply with a supplementary capital requirement to cover the overshoot as set up in accordance with the method specified in Appendix 3 of this Order Decision.

3) Where the overrun has had a duration of 10 days or less, the undertaking ' s commitment to trade in trade with the customer or group of interconnected customers may not exceed 500%. of the basic capital of the undertaking.

4) The sum of the exposures of the exposures of the trading book in the trading book which has a duration of more than 10 days shall not exceed 600%. of the basic capital of the undertaking.

5) In relation to the Financial supervision reports, the company must, in accordance with section 11 below, report all cases where the exposures of the section 145 (1). 1 and 2 of the financial undertaking law has been exceeded in the last three months, with information on the amount of the excess and the customer's identity.

Paragraph 4. The company must without undue delay submit a statement to the Financial supervision of the GL Reductions in the trading book where the overshoot has been a duration of more than 10 days, and where the reduction is due to the commitment of the commitment is temporarily disposed of to another legal entity, or on the closure of transactions by means of opposing positions, which are creating other exposures. The statement shall demonstrate that the reduction has not intended to circumcise the increased capital requirement for exceeding 10 days in accordance with Appendix 3 of the notice ; 4, cf. paragraph 1, no. 2.

Reporting

§ 12. The undertaking shall report exposures covered by Section 145 (3). 4 and 5, in the financial services for the Financial supervision per person ; The ultimo quartz. The reports shall be the Financial supervision in the event within 20 business days after the end of the quarter. However, the annual report at the end of the year shall be the Financial supervision of the financial year within 30 working days of the end of the year.

Paragraph 2. Engagements with undertakings that are fully part of the consolidation and which are under Article 145 (3). Amendment No 8, in the field of financial activities, has been exempt from the engagement borders of Article 145 (3). In accordance with paragraph 1, 1 and 2 of the Act of Finance, in the case of financial activities, shall be : 1 shall be reported as exposures with a full fraction for particularly safe parts.

Paragraph 3. The reports must be carried out on a computer readable or electronic medium.

Paragraph 4. The reports must be approved by the company ' s management.

Paragraph 5. If the company is a parent company, then the company must also report exposures which at group level are subject to the obligation to notify the person after Article 145 (5). 4 and 5, in the law of financial activities.

Paragraph 6. If you are a financial holding company that is not a phonebroker, investment management, financial institution or real-estate credit, or a financial undertaking subject to section 177 (4). 1, in the Act of Finance, and where Section 145 of the Act of Finance does not apply, cf. Section 1 (1). 3, within 30 days of the end of the year, the establishment shall report exposures per year, which shall be reported. at the end of the year at group level, the subject of notification shall be subject to Article 175 (a) for financial activities. Any exposures reported after this have been made before deduction of particularly safe parts and uncertainties and without prejudice to the provisions of section 3 of this notice of interconnected customers or addendum for any indirect ; exposures to the Customer in the form of underlying positions in units of collective investment schemes or securitisation positions. In the case of the inventory, the parts of exposures consisting of repurchasing operations, loans or loans or deposits of securities or raw materials shall, however, be taken into account for the uncertainties, guarantees and so on in accordance with the provisions of sections 6 to 8 of this Regulation ; announcement.

Penalty provisions, entry into force and transitional provisions

§ 13. Inherit of sections 3 and 4, section 6 (4). One-three, paragraph 7, paragraph 7. 2-4, section 8, paragraph 8. 2 and 4-7, section 9, section 11 (4). 3 and 4, and Clause 12 shall be punished by fine.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of Chapter 5 of the penal code.

§ 14. The announcement shall enter into force on 1. December 2011.

Paragraph 2. At the same time, notice No 1232 of 31. October 2010 on large exposures

Paragraph 3. Companies may be able to reach the 31. In December, 2012, in the calculation of the Engagement limits in accordance with Article 145 (3). 1, in the Act of financial activities, dismiss from 80%. of exposures which have been entered into before 31. In December 2009, with credit institutions, fund brokers, investment management companies, stock exchanges, authorised marketplace and clearing centres located in countries with zero-weight status according to the standard method of credit risk, cf. Annex 3 to the Executive Order for Capital Recovery.

Paragraph 4. Companies may be able to reach the 31. December 2015, processing arrangements with underlying engagements acquired before the 31. In January 2010, in accordance with the rules on large exposures which were in force on 30. In December 2010, instead of the rules set out in Annex 2.

Financial supervision, 17. November, 2011

Ulrik Nutgaard

/ Kristian Vie Madsen


Appendix 1

Interconnected Customers

Scope of application

1) This Annex contains provisions relating to interconnected customers, cf. Section 3, paragraph 3. 2.

Definition

2) For the purposes of a group of interconnected customers,

a) two or more natural or legal persons, which constitute a total risk because one of them carries out direct or indirect control of the other or the others, cf. Act. 3, or

b) two or more natural or legal persons, of which no one carries control of the other or the others, but where there is such connection that there is a likelihood that if one of them comes in financial difficulties, the other will : the others are also having financial difficulties.

Indirect or indirect control (ad pct. 2 (a)

3) A customer carries out direct or indirect control with another or the others, cf. Act. 2 (a) when :

a) The Customer has an influence similar to a parent company ' s direct and indirect influence in a group, cf. the in section 5 (5), 1, no. 7, in the case of financial services referred to, or

b) the Customer has the capability to coordinate the management of a company with management of another company in order to achieve a common goal, for example where the same person is involved in the management or the board of two or more undertakings.

4) It follows from the control criterion in point. 2 (a) a customer may be subject to two or more members of each other, by the way, of each other connected customers, for example if :

a) a customer is owned 50%. by two, by the way, by other independent customers,

b) in the case of an owner agreement to ensure the participation of the majority so that each other, by the way, each other shall be considered to have a firm influence over the company, or

c) a customer is a partner in more than one stakeholder, where this has a determining influence with the other partners.

5) It follows from the control criterion in point. 2 (a) that units which are administered by the same unit or persons shall be considered as interconnected customers. The Executive Utility or Person may have its function either by means of an inter-governed entity between the managed entities, by means of statutes or as a result of a person ' s fall in management. This does not apply, however, if the Executive Unit is a state, a local or a regional authority with zero-weight status according to the standard method of credit risk, cf. Annex 3 to the Executive Order for Capital Recovery.

6) The control criterion defined in point. Paragraph 2 (a) does not include circumstances in which a transient controlling influence is used, but shall reflect a long-term relationship. The free-willy waiving of controlling influence in the form of, for example, declarations on this subject shall not be exempt from treating customers as connected.

Financial premise (ad pct. 2 (b)

7) Financial premise in point. 2 (b) involves interconnectivity between customers as a result of a customer's dependency on another customer's ability to pay or because customers are exposed to the same specific risk factors as, for example, addiction to the same main supplier, the same head or the same source of financing. Financial premise in point. Point 3 (b), however, does not include the fact that customers are exposed to the same general risks as, for example, that they are situated in the same geographical area or in the same business.

8) Financial premise in point. Paragraph 2 (b) assumes common risks or addiction which the Customer cannot avoid or overcome without getting into payment difficulties. In addition, the risk or dependency must have such a character that a trigger factor must pose a great risk to the client's bankruptcy.

9) The establishment must pay particular attention to a potential economic interurity between customers in the following cases :

a) When a client or in part has guaranteed the involvement of another customer, or otherwise committed to the commitment of another customer, and if the commitment is such that the guarantee is likely to be defaulted, obligations to the establishment in the event of a claim under warranty or obligation.

b) The owner of a property and the tenant who pays the lion's share of the rent and where the rent is a primary source of revenue for the owner and where new tenants are difficult.

c) A borrower and its customer, when an essential part of the statement goes to a single customer, which is difficult to replace.

d) Producer and distributor who are in favour of a substantial part of the producer ' s circulation and where it is time-consumwing to find a new producer, respectively, respectively, respectively.

(e) Lowers with a common customer base and where there is a very small number of customers, and where there are limited opportunities for borrowers to find new customers.

(f) Where the company becomes aware that another financial activity processes two or more customers as interconnected.

g) For Retail Customers :

In. A borrower and his authorized borrowers

(ii) People of society

10) Financial confederation as a result of the same source of financing will arise if two or more customers receive all or bulk of their funding from a common source that does not, or only difficult, be replaced, and where the source of financing Termination will likely result in a high probability of default. The fact that two customers have the same banking relationship does not imply economic federation, since the banking connection will normally be replaced without threatening the solvency of customers. Nor does the fact that two or more customers finance their activities through the issue of securities in the same market means interdescension, unless it is the same investor or the same small group of investors ; cannot be replaced in a very difficult way.

11) The economic confederation as a result of the same source of financing may also be present for legal entities with a specific purpose (SPV) established by the same bank (or the company itself). This will be the case if the SPVs are reliant on liquidity facilities or guarantees from the same bank which are difficult to replace or if the relevant SPVs require ongoing refinancing by means of securities or cash-arcing instruments (commercial papers) through a given bank which is difficult to replace.

Business procedures and controls for the identification of interconnected customers r

12) Identification of possible interconnection between customers must be an integral part of the credit appropriation process and the surveillance of the credit area, including the purpose of obtaining an overview and understanding of the concentration of the undertaking, of risks. The greater commitment of the Des is with a single customer, the more intensive you have to examine possible confederation with other customers. The company must document its enquiries of potential outmods to other clients for all engagements that exceed 2%. of the base capitale.

13) It is not a requirement that the company should systematically collect information about whether the company's customers share a common financing source, but the company must make use of available information in this area.

14) The company must use available public information, and leverage the knowledge that the company's employees have in the possession to identify interstate interstate interconnecences. In addition, the company must take measures to ensure that the collection of information relating to interdependence between customers is made to a reasonable extent, depending on the level of the client's commitment and risk.

15) The company must be able to demonstrate that its business procedures to identify interconneccuity between customers is appropriate to its business and customer base. The business entries must be kept up to date. The company must ensure that the company ' s credit employees and risk-monitoring staff will have the necessary training to identify interconnecc; between customers.

16) The company must monitor possible changes in interconnectivity between customers in connection with the periodic engagement review, as well as in the context of significant expansion of engagements.

17) Where the company has information about interconnection between customers, this information must always be used, regardless of the size of your commitment.


Appendix 2

Schemes with underlying engagements

1) This Annex contains provisions for the specification of indirect exposures to collective investment schemes and securitisations, where there are underlying engagements, cf. Section 3, paragraph 3. 3.

2) The company must examine the underlying engagements in collective investment schemes and securitisations with a view to identifying whether these are linked to other company exposures, including underlying engagements. other arrangements with underlying exposures. The company must use one of the following methods :

a) Method based on knowledge of the underlying exposures (look-through) : The company identifies and monitors ongoing customers who are behind the underlying engagements and consolidates these engagements with the company ' s other engagements with the same customer.

b) Method based on partial knowledge of underlying engagements : The company uses look-through, as described in point (a, of the underlying engagements, where it knows the identity of the customer behind the engagement, and processes the remaining exposures as unknown exposures in accordance with the method in points (c) below.

c) Method based on unfamiliar knowledge of the underlying engagements : If the greatest involvement in the scheme amounts to less than 5%. of all the engagements contained in the scheme together, you may dismiss a possible interconnection between customers behind the underlying exposures to the scheme and other customers. If the greatest involvement in the scheme is 5%. or more of all the engagements contained in the system put together or if the company cannot rule out that this is the case, the company must, on the other hand, treat all the customers behind the exposures within the scheme as a single unidentified customer. This unknown customer must then be treated as interconnected with all other unknown customers in a similar manner in other arrangements with unknown underlying exposures.

d) Methods based on knowledge of the investment policy of the scheme : The company may treat the scheme as a separate risk that is independent of other company exposures, for example, by prospectuses or bylaws for the scheme, that none of the customers underlying the underlying system are based on the establishment of a single undertaking. exposures in the scheme, either directly or indirectly, are prohibited from other customers in the company ' s portfolio, with a commitment to more than 2%. of the basic capital of the undertaking, including other customers underlying the underlying exposures in other schemes.

3) Regardless of the processing of the underlying engagements in an arrangement with underlying engagements, at the same time, the company must treat the scheme as a total risk that all the underlying exposures contained within the scheme are interconnected.

4) The company must be able to demonstrate that a selection of the method in point. 2 (c), based on ignorance of the underlying engagements, are not justified in the interests of consolidating the underlying exposures in the system of direct engagement with customers.

5) The company must use the following principles when the methods in point are applied. 2 is used :

a) For schemes with underlying engagements, where the underlying exposures themselves are arrangements with underlying engagements, the criterion shall be provided in a furtive. 2 (c) for the assessment of the greatest involvement of the scheme in the scheme less than 5%. all exposures shall be measured with the basis of the underlying engagements in the underlying arrangements.

b) Surveillance shall be carried out regularly and at least once a month.

c) For collective investment schemes that are not securitisations, the size of the underlying exposures in the scheme shall be proportionate in accordance with the size of the company ' s overall commitment to the scheme.

d) For schemes that are securitisations, the underlying engagements must be taken into account with the full amount of the securitisation, but not more than an amount equal to the amount of the company ' s total commitment to securitisation, cf. However, point (e)

(e) For schemes that are securitisations, the company can share the effect of the credit risk of credit, which is not kept by the company itself, leading to the leading tranches. Each of the underlying exposures shall be discharged in accordance with one of the methods used in a furtive. 3, therefore, can be reduced by the size of trailing tranches in securitisation which are not kept by the company itself.

6) A company that reduces the underlying exposures in securitizations by the method in a furtive. Point 5 (e) shall continuously monitor changes in the size of trailing tranches that are not kept by the company itself ; the company must be able to demonstrate that it is able to carry out such continuous monitoring and is capable of providing timely, timely and timely manner ; adjust the size of its engagements in relation to the limits of Section 145, in the Act of Finance, if credit coafing from trailing tranches is lost as a result of losses in the underlying exposures.


Appendix 3

Capital commitment to large exposures of overruns capital requirements

1) This Annex contains provisions for the specification of additional capital requirements for exposures exceeding the Engagement limits of section 145 (3). 1 and 2, in the law of financial activities, cf. ~ 10 (1)) 3, no. 2.

2) The overwriting of the engagement limit shall be taken up by selecting the parts of the total commitment to the customer or to the group of interconnected customers who have the highest risk weight for specific risk in accordance with Annex I ; Twelve, furtive. 42-57 of the announcement of capital coverage, or, where relevant, the highest risk weight for the counterparty risk in accordance with Annex 16 to the notice of capital coverage, so that the sum of the selected parts of the commitment corresponds to the total of the total amount of the commitment ; the exposures of the Engagement Bound-end.

3) Where the overrun has had a duration of 10 days or less, the additional capital requirement to exceed 200% shall be set up. of the risk-weighted items associated with the individual parts of the Engagement selected in accordance with the meaning of the case. 2.

4) Where the overrun has a duration of more than 10 days, the individual parts of the Engagement shall be selected in accordance with the meaning of the PICTs. 2 shall be allocated to the rows in Table 1 so that the parts with the lowest risk weight for specific risk in accordance with Annex 12, point. 42-60, for the notice of capital coverage or, where relevant, the risk weight of the counterparty risk in accordance with Annex 16 to the notice of capital coverage, shall be treated as the smallest overrun, the parts with the second at least risk-weight, as it is ; Second-rate overrun, and in the same way, in ascending order. The attachment to the risk-weighted items shall be calculated as the sum of the specific risk weight in accordance with Annex 12 to point. 42-60, for the notice of capital coverage or, where appropriate, the risk weight of the counterparty risk in accordance with Annex 16 to the notice of capital coverage multiplied by the corresponding factor in the second column of Table 1.

Table 1

The overwriting (opuled in%. of the base capitale),
Multiplication Factor
Up to 40%
200%
From 40% to 60%
300%
From 60% to 80%
400%
From 80% to 100%
500%
From 100% to 250%
600%
Over 250%
900%
Official notes

1) The announcement contains provisions that implement parts of Directive 2002 /87/EC of the European Parliament and of the Council of 16. December 2002 (the conglomerates directive), EU-Official Journal 2003, nr. L35, page 1, parts of Directive 2006 /48/EC of the European Parliament and of the Council of 14. June 2006 (credit institution Directive), EU Official Journal, nr. In 177, page 1, parts of the Directive 2006 /49/EC of the European Parliament and of the Council of 14. June 2006 (Capital Requirements Directive), EU Official Journal, 2006, nr. L 177, page 201, parts of Commission Directive 2007 /18/EC of 27. In March 2007, the EU Official Journal, no. L 87, page 9, and parts of Directive 2009 /111/EC of the European Parliament and of the Council of 16. September 2009 (CRDII), EU Official Journal 2009, nr. L-302, page 97.