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AI Summary of Article 194 Principles governing the eligibility of credit risk mitigation techniques

This document outlines the essential requirements for lending institutions regarding credit protection arrangements. Institutions must ensure that these arrangements are legally effective across relevant jurisdictions and take all necessary measures to ensure their efficacy. They must also be prepared to provide independent legal opinions verifying compliance upon request from competent authorities.

Moreover, institutions can only recognise funded credit protection if it satisfies specific liquidity and stability criteria. For unfunded credit protection, eligibility hinges on compliance with defined lists and legal enforceability. Institutions are reminded that despite credit risk mitigation, a thorough risk assessment of exposures remains mandatory.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 5 of 5

Article 194 Principles governing the eligibility of credit risk mitigation techniques

1. The technique used to provide the credit protection together with the actions and steps taken and procedures and policies implemented by the lending institution shall be such as to result in credit protection arrangements which are legally effective and enforceable in all relevant jurisdictions.

The lending institution shall provide, upon request of the competent authority, the most recent version of the independent, written and reasoned legal opinion or opinions that it used to establish whether its credit protection arrangement or arrangements meet the condition laid down in the first subparagraph.

2. The lending institution shall take all appropriate steps to ensure the effectiveness of the credit protection arrangement and to address the risks related to that arrangement.

3. Institutions may recognise funded credit protection in the calculation of the effect of credit risk mitigation only where the assets relied upon for protection meet both of the following conditions:

(a) they are included in the list of eligible assets set out in Articles 197 to 200, as applicable;

(b) they are sufficiently liquid and their value over time sufficiently stable to provide appropriate certainty as to the credit protection achieved having regard to the approach used to calculate risk-weighted exposure amounts and to the degree of recognition allowed.