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AI Summary of Article 215 Additional requirements for guarantees
This document outlines the conditions under which guarantees qualify as eligible unfunded credit protection. In summary, for a guarantee to be deemed valid, it must ensure the lender can promptly pursue the guarantor for payments due upon the obligor's default and be explicitly documented. Specific provisions apply to residential mortgages, where certain conditions need only be met within 24 months.
Moreover, guarantees linked to mutual guarantee schemes or those backed by entities specified in the regulations may satisfy further criteria. This requires either a timely provisional payment covering estimated losses or documented justification demonstrating the guarantee's effective coverage of various payment obligations.
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Article 215 Additional requirements for guarantees
1. Guarantees shall qualify as eligible unfunded credit protection where all the conditions in Article 213 and all the following conditions are met:
(a)on the qualifying default of or non-payment by the obligor, the lending institution has the right to pursue, in a timely manner, the guarantor for any monies due under the claim in respect of which the protection is provided;
In the case of unfunded credit protection covering residential mortgage loans, the requirements in Article 213(1)(c)(iii) and in the first subparagraph of this point have only to be satisfied within 24 months;
(b) the guarantee is an explicitly documented obligation assumed by the guarantor;
(c) either of the following conditions is met:
(i) the guarantee covers all types of payments the obligor is expected to make in respect of the claim;
(ii) where certain types of payment are excluded from the guarantee, the lending institution has adjusted the value of the guarantee to reflect the limited coverage.
The payment by the guarantor shall not be subject to the lending institution first having to pursue the obligor.