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AI Summary of Article 268 Maximum capital requirements

This article outlines the approach for determining the maximum capital requirement for institutions involved in securitisations, whether as originators or sponsors. Institutions may apply a capital requirement equivalent to that of the underlying exposures if they had not been securitised, incorporating both expected and unexpected losses.

Particularly for mixed pools of assets, the capital requirement is calculated as an exposure-weighted average. The calculation must factor in the institution's interest proportion across tranches and consider deductions for any gains on sale and credit-enhancing interest-only strips from Common Equity Tier 1 items, ensuring compliance with regulatory standards.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2019 - onwards
Version 5 of 5

Article 268 Maximum capital requirements

1. An originator institution, a sponsor institution or other institution using the SEC-IRBA or an originator institution or sponsor institution using the SEC-SA or the SEC-ERBA may apply a maximum capital requirement for the securitisation position it holds equal to the capital requirements that would be calculated under Chapter 2 or 3 in respect of the underlying exposures had they not been securitised. For the purposes of this Article, the IRB Approach capital requirement shall include the amount of the expected losses associated with those exposures calculated under Chapter 3 and that of unexpected losses.

2. In the case of mixed pools, the maximum capital requirement shall be determined by calculating the exposure-weighted average of the capital requirements of the IRB Approach and Standardised Approach portions of the underlying exposures in accordance with paragraph 1.

3. The maximum capital requirement shall be the result of multiplying the amount calculated in accordance with paragraphs 1 or 2 by the largest proportion of interest that the institution holds in the relevant tranches (V), expressed as a percentage and calculated as follows: