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AI Summary of Article 245 Synthetic securitisation
This regulation outlines the criteria under which originator institutions may calculate risk-weighted exposure amounts and expected loss amounts in synthetic securitisations. Key conditions for recognising significant credit risk transfer include transferring substantial credit risk to third parties or the application of a 1,250% risk weight on retained securitisation positions.
Furthermore, the regulation mandates that transaction documentation reflect the economic substance of the securitisation, ensuring enforceability of credit protection across relevant jurisdictions. Competent authorities must monitor these practices and report to the EBA for ongoing assessment and potential regulatory adjustments.
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Article 245 Synthetic securitisation
1. The originator institution of a synthetic securitisation may calculate risk-weighted exposure amounts, and, where relevant, expected loss amounts with respect to the underlying exposures in accordance with Articles 251 and 252, where either of the following conditions is met:
(a) significant credit risk has been transferred to third parties either through funded or unfunded credit protection;
(b) the originator institution applies a 1 250 % risk weight to all securitisation positions that it retains in the securitisation or deducts these securitisation positions from Common Equity Tier 1 items in accordance with point (k) of Article 36(1).
2. Significant credit risk shall be considered as transferred in either of the following cases: