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AI Summary of Article 205 Requirements for on-balance sheet netting agreements other than master netting agreements referred to in Article 206
On-balance sheet netting agreements, distinct from master netting agreements as outlined in Article 206, may be regarded as eligible for credit risk mitigation, provided four key conditions are satisfied. Firstly, such agreements must possess legal efficacy and enforceability across all pertinent jurisdictions, particularly in bankruptcy scenarios involving counterparties.
Furthermore, institutions are required to ascertain the netted assets and liabilities with clarity at any given time. Continuous monitoring and control of risks arising from the cessation of credit protection, as well as from net exposures, are essential elements for compliance. Adhering to these stipulations ensures a robust framework for managing credit risk effectively.
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Article 205 Requirements for on-balance sheet netting agreements other than master netting agreements referred to in Article 206
On-balance sheet netting agreements other than master netting agreements referred to in Article 206 shall qualify as an eligible form of credit risk mitigation where all the following conditions are met:
(a) those agreements are legally effective and enforceable in all relevant jurisdictions, including in the event of the insolvency or bankruptcy of a counterparty;
(b) institutions are able to determine at any time the assets and liabilities that are subject to those agreements;
(c) institutions monitor and control the risks associated with the termination of the credit protection on an ongoing basis;
(d) institutions monitor and control the relevant exposures on a net basis and do so on an ongoing basis.