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AI Summary of Article 213 Requirements common to guarantees and credit derivatives

This document outlines the eligibility criteria for unfunded credit protection through guarantees or credit derivatives, as prescribed under Article 214(1). Key provisions include the requirement for the credit protection to be direct and unambiguous, alongside restrictions to prevent unilateral alterations or increases in cost based on the credit quality of the underlying exposure.

Furthermore, institutions must demonstrate effective risk management systems and meet all legal prerequisites to ensure enforceability across relevant jurisdictions. Regular legal reviews are mandated to maintain compliance and uphold the integrity of the credit protection throughout its lifespan.

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

Article 213 Requirements common to guarantees and credit derivatives

1.Subject to Article 214(1), credit protection deriving from a guarantee or credit derivative shall qualify as eligible unfunded credit protection where all of the following conditions are met:

(a) the credit protection is direct;

(b) the extent of the credit protection is clearly set out and incontrovertible;

(c)the credit protection contract does not contain any clause, the fulfilment of which is outside the direct control of the lending institution, that:

(i) would allow the protection provider to cancel or change the credit protection unilaterally;

(ii)would increase the effective cost of the credit protection as a result of a deterioration in the credit quality of the protected exposure;

(iii)could prevent the protection provider from being obliged to pay out in a timely manner in the event that the original obligor fails to make any payments due, or where the leasing contract has expired for the purpose of recognising guaranteed residual value under Articles 134(7) and 166(4);

(iv) could allow the maturity of the credit protection to be reduced by the protection provider;