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AI Summary of Article 178 Default of an obligor or credit facility

Default occurs where an institution considers an obligor unlikely to pay without recourse such as realising security, or where the obligor is more than 90 days past due on any material credit obligation; for retail exposures these conditions may be applied at facility level. Days past due rules state overdrafts commence on breach of an advised limit, an advised lower limit, or an unauthorised draw (where material), and credit cards from the minimum payment due date. Institutions must document consistent policies on counting days, re-ageing, extensions, renewals and netting; competent authorities set materiality thresholds.

Indications of unlikeliness include placing an exposure on non-accrual, recognising specific credit adjustments for significant post-origination deterioration, sale at a material credit-related loss, consenting to forbearance likely to diminish obligations, and bankruptcy filings or protection. Institutions using external data must adjust to achieve equivalence; exposures that no longer trigger default may be reclassified, with any subsequent trigger treated as a new default. EBA shall develop RTS on the threshold by 31 December 2014 and issue guidelines, updated by 10 July 2025 to encourage proactive debt restructuring and allow flexibility in defining diminished financial obligation; the Commission may adopt the RTS.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 7 of 7

Article 178 Default of an obligor or credit facility

1. A default shall be considered to have occurred with regard to a particular obligor when either or both of the following have taken place:

(a) the institution considers that the obligor is unlikely to pay its credit obligations to the institution, the parent under­taking or any of its subsidiaries in full, without recourse by the institution to actions such as realising security;

(b)the obligor is more than 90 days past due on any material credit obligation to the institution, the parent undertaking or any of its subsidiaries.

In the case of retail exposures, institutions may apply the definition of default laid down in points (a) and (b) of the first subparagraph at the level of an individual credit facility rather than in relation to the total obligations of a borrower.

2. The following shall apply for the purposes of point (b) of paragraph 1:

(a) for overdrafts, days past due commence once an obligor has breached an advised limit, has been advised a limit smaller than current outstandings, or has drawn credit without authorisation and the underlying amount is material;