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AI Summary of Article 403 Substitution approach

This document outlines how institutions should manage exposures to clients that are either guaranteed or secured by third-party collateral. Institutions may treat guaranteed portions of exposure as relating to the guarantor, provided that the associated risk weight does not exceed that of the client’s unsecured exposure. Similarly, collateralised exposures can be recognised as relating to the third party, subject to certain conditions regarding risk weights and maturities.

Institutions must also navigate currency mismatches and maturity discrepancies in guarantees, ensuring comprehensive compliance with stipulated guidelines. Additionally, the EBA is tasked with establishing regulations for exposure limits and safeguards necessary for the use of tri-party repurchase agreements, aimed at enhancing regulatory cohesion.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 28 June 2021 - onwards
Version 6 of 6

Article 403 Substitution approach

1. Where an exposure to a client is guaranteed by a third party or is secured by collateral issued by a third party, an institution shall:

(a) treat the portion of the exposure which is guaranteed as exposure to the guarantor rather than to the client, provided that the unsecured exposure to the guarantor would be assigned a risk weight that is equal to or lower than the risk weight of the unsecured exposure to the client under Chapter 2 of Title II of Part Three;

(b) treat the portion of the exposure collateralised by the market value of recognised collateral as exposure to the third party rather than to the client, provided that the exposure is secured by collateral and provided that the collateralised portion of the exposure would be assigned a risk weight that is equal to or lower than the risk weight of the unsecured exposure to the client under Chapter 2 of Title II of Part Three.

The approach referred to in point (b) of the first subparagraph shall not be used by an institution where there is a mismatch between the maturity of the exposure and the maturity of the protection.