· The ongoing review of the continuing appropriateness of the models in use shall be conducted within the Pillar 2 framework The framework for supervisory cooperation should follow the steps outlined above.
3. Supervisor’s assessment of the application concerning the minimum requirements of the CRD – Credit Risk
3.1. Permanent Partial use and rollout
3.3.1. Assignment to exposure classes
3.3.1.5. Purchased receivables
Introduction
218. Receivables can be treated under three different types of approaches:
· The exposure is treated as an exposure on the seller and the receivables are treated as collateral, whose eligibility needs to be checked under Annex VIII, Part 2 of the CRD.
· The exposure is treated as an exposure on the obligor and it is not unduly burdensome for the institution to assess the risks of each exposure as if the institution had originated the exposure. The seller may or may not act as guarantor.
· The exposure is treated as an exposure on the obligor, and it would be unduly burdensome for the institution to assess the risks of each exposure as if the institution had originated the exposure. This may, in particular, be the case when the institution has to rely to a large extent on information provided by a third party. At times, the institution may not even know each individual obligor. Again, the seller may or may not act as guarantor. The receivables treatment is designed to address the particularities of this third case.
219. Receivables do not constitute an exposure class in itself, but reflect a type of financing. Receivables transactions may occur within the corporate or retail exposure classes. There are typically three types of financing: factoring, sale of claims over which the institution has legal ownership, and securitised exposures which are not themselves securitization positions. The CRD does not provide a precise definition of purchased receivables. However, purchased receivables transactions involve a 'triangular' relationship between the participants. Factoring, for example, involves an institution, a seller, and an obligor: sale of claims (2) payment of claims (4) financing (3) claims arising from supply of goods, services (1) payment of claims (4) Purchaser (CI) Seller Obligor 220. The regulatory treatment of purchased receivables is aimed at taking into account, on one hand, the dilution risk that is generally present, and on the other hand, the institution's inability to apply the risk quantification standards for corporate exposures in some cases.
Definition
221.Since the CRD does not provide a precise definition of purchased receivables, supervisors will rely on an economic definition based on the characteristics of the transaction. As noted above, purchased receivables do not constitute an exposure class in itself; they represent a type of financing, common to more than one asset class, usually arising from the sale of goods and services linked to a commercial transaction. The purchased receivable rules are intended primarily for receivables which are purchased as part of factoring or invoice discounting, or which are included in (or to be included in) assetbacked transactions. They do not apply to transactions in which loans originated by one firm are subsequently bought by another in order to add obligors to the purchaser’s nonsecuritization business.
Necessary conditions for the treatment of purchased corporate receivables according to the IRB minimum requirements for the retail exposure class
222. The general IRB minimum requirements set different standards for banks’ internal rating systems for corporate exposures compared to retail exposures. While the minimum requirements for rating corporate exposures require detailed information, the requirements for retail can also be met with pooled data. If the standards for corporate exposures were applied to eligible purchased corporate receivables, it would be very difficult for an institution to satisfy the minimum requirements when the obligor is not its customer, let alone when the obligor is not known to the institution. Consequently, even institutions which follow best industry practice with respect to their eligible purchased corporate receivables would find themselves out of compliance with the IRB minimum requirements. To avoid this outcome, the general IRB minimum requirements on rating systems for retail exposures are extended to eligible purchased corporate receivables under the IRB rules for eligible purchased receivables.
223. Annex VII, Part 1, Paragraph 6 of the CRD provides that the risk quantification standards for retail exposures (as set out in Annex VII, Part 4 of the CRD) may be used for purchased corporate receivables that comply with the minimum requirements in Annex VII, Part 4, Paragraphs 104 to 108 and Annex VII, Part 1, Paragraph 12 if it would be unduly burdensome for an institution to use the risk quantification standards for corporate exposures as set out in Part 4 of Annex VII. In order to qualify for this treatment, the burden is on the institution to demonstrate that it fulfils the eligibility criteria defined in the CRD. The meaning of some of those criteria is specified below:
· The exposure that the institution has purchased has not been directly or indirectly originated by the institution itself.
· There should be an arm’s length relationship between the seller and the buying institution: i.e., both parties should interact as independent agents in the financial market. Neither of the agents must be in a position to influence the internal decisionmaking
process of the other agent. The requirement for an arm’s length relationship between the seller and the buying institution is intended to prevent institutions from bypassing the general IRB minimum requirements on corporate exposures. Institutions that want to treat exposures as eligible purchased receivables should make sure, at a minimum, that:
1. There is no material contagion risk of default between the seller and the institution; and
2. The receivables have been granted in fully competitive conditions on a level playing field: i.e., at market price and under market conditions.
· The portfolio needs to be sufficiently diversified.
One way to implement this requirement could be in terms of the number of obligors. A concentration limit could be set in the form of an absolute limit (exposure size per counterparty) or a relative limit (percentage of the total pool).
224. If a corporate purchased receivable does not meet all of the above conditions, it will be subject to the general IRB minimum requirements for corporate exposures.
225. 'Unduly burdensome' in the sense of Annex VII, Part 1, Paragraph 6 of the CRD means that the underlying obligors are so numerous that the institution would not be in a position to rate them using its normal rating system.
It could also mean that the obligors are not the institution's usual, direct obligors, and thus the institution’s data systems do not contain any specific information on them. A maximum exposure size could be a complementary requirement.
When institutions collect enough data to be able to assess obligors at an individual basis, they should abandon the topdown approach for purchased corporate receivables and use the bottomup approach instead.
Estimating EL for purchased corporate receivables
226. Institutions may estimate ELs for purchased corporate receivables by EL grade from longrun averages of loss rates. Institutions using this approach should have a distinct EL rating scale which would enable them to assign obligors or pools of obligors to EL grades.
Dilution risk
227. Under the IRB approach, dilution risk has to be covered even when the institution treats the exposure as if the obligor were a customer to the institution.
228. Article 4(24) of the CRD defines 'dilution risk' as the risk that an amount receivable is reduced through cash or noncash credits of the obligor. Dilution risk therefore refers to the possibility that the potential amount of receivables bought and financed by the institution may be reduced at the
initiative of the seller or the obligor, and that the contractual amounts payable by the receivables obligors may be reduced through cash or noncash credits to these obligors. Examples include offsets or allowances arising from return of goods sold, disputes regarding product quality, possible debts of the obligor to a seller, and any payment or promotional discounts offered by the seller, such as a credit for cash payments within 30 days.
229. In the cases where institutions are in doubt as to whether a particular event should be treated as dilution risk or not, they should treat it as dilution risk. This includes situations where an institution cannot clearly allocate events to operational risk. For AssetBacked Commercial Paper, dilution risk on the underlying will be assessed prorata.
230. According to Annex VII, Part 1, Paragraph 26 of the CRD, a special risk weight needs to be applied for dilution risk. Only when the dilution risk is immaterial (under normal circumstances, immateriality would be assumed for purchased bonds) does it not need to be recognised.
Materiality in this respect could be assessed at the pool level using a specific expected loss examination. In that case, a materiality threshold for expected loss should be set by the institution. This threshold should be conservative, as dilution risk is a true risk driver in this type of financing and institutions should always be prepared to manage it, even if they currently have difficulty in quantifying it.
231. According to Annex VII, Part 2, Paragraph 7 of the CRD, the regulatory EL for dilution risk of purchased corporate receivables can be derived in various ways (e.g., estimation of EL itself and not of PDs or LGDs). The following table summarises the different possibilities under Annex VII, Part 2, Paragraphs 7 and 8(g) of the CRD:
Own estimates PD and LGD to be used in the
formula
PD LGD PD LGD
yes yes Own estimates own estimates
yes No Own estimates 75%
no No estimate of EL 100%
3.3.2. Definition of loss and default