· 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
3.3.1.1. Retail exposure class
3.3.1.1.1. Individual persons and SMEs
155. The retail exposure class includes exposures to individual persons and small and medium sized entities (SMEs). It is important to distinguish between SMEs in the retail exposure class and SMEs in the corporate exposure class. Within the retail exposure class, individual persons need to be distinguished from SMEs, as in the latter case the exposure must not
exceed EUR 1 million in order to be able to be assigned to the retail exposure class. The institution should take reasonable steps to verify that the EUR 1 million criterion is met.
156. Article 86(4) of the CRD lists four criteria, all of which must be met in order to assign an exposure to the retail exposure class:
(a) they shall be either to an individual person or persons, or to a small or medium sized entity, provided in the latter case that the total amount owed to the credit institution and parent undertakings and its subsidiaries, including any past due exposure, by the obligor client or group of connected clients, but excluding claims or contingent claims secured on residential real estate collateral, must not, to the knowledge of the credit institution, which must have taken reasonable steps to confirm the situation, exceed EUR 1 million;
(b) they are treated by the credit institution in its risk management consistently over time and in a similar manner;
(c) they are not managed just as individually as exposures in the corporate exposure class;
(d) they each represent one of a significant number of similarly managed exposures.
157. To comply with Article 86(4)(a) of the CRD, institutions should have internal criteria for distinguishing individual persons from SMEs. If an entity is separately incorporated, this should be seen as strong evidence that the entity is to be regarded as an SME. Other criteria could depend on how the institution manages its loans. For example:
a. If the institution manages its retail exposures on a transaction basis, the criterion should be the purpose of the loan. In this case, only loans to natural persons for noncommercial purposes should be regarded as exposures to individual persons.
b. If the institution manages its retail exposures on an obligor basis, it needs a consistent rule on how to distinguish clients. One option could be to classify a client as an SME if the majority of his or her income is generated by selfemployment. Another possibility is to treat any entity that is not incorporated as an individual person.
158. To a certain extent, the EUR 1 million threshold can be handled flexibly. In particular, institutions should distinguish between temporary and permanent violations.
a. Temporary violations: This refers to situations where the threshold is exceeded only temporarily due to shortterm variations in exposures, and the violation is immaterial. ‘Immaterial’ refers in this context to the number and size of individual violations relative to the EUR 1 million threshold. In any case, institutions need clearly defined internal rules specifying the circumstances in which clients may remain in the retail exposure class despite the fact that their exposure exceeds the EUR 1 million limit. That limit should be monitored and documented.
These exposures can remain in the rating system for retail exposures. For calculating the capital requirement, there are two possibilities. One is to use the retail risk weight curve. However, as a prudential measure, the use of retail rating systems but the corporate risk weight curve is recommended.
b. Permanent violations: In this case, the exposure should be moved to the corporate exposure class and the corporate curve should be used to calculate the capital requirement. If the rating system applied to the retail exposure class fulfils the requirements for rating systems in the corporate exposure class, no change in the rating system is required. Otherwise, the rating system for corporate exposures should be applied.
159. The EUR 1 million threshold for SMEs should be applied both at the level of the EU parent institution on a consolidated basis, and at the subsidiary level for the application of solo requirements. Supervisors will expect institutions to be able to identify and consolidate groups of connected clients and to aggregate relevant exposures of each group of connected clients. This identification and aggregation of amounts owed by an obligor client or by a group of connected clients need to be performed with justifiable efforts across all entities of the banking group, unless explicitly excluded by Article 86 (4) of the CRD.
160. Consultation with the industry indicates that at the beginning of 2006 not all institutions are capable of satisfying this requirement. Institutions should take reasonable steps to identify and aggregate exposures. Minimum thresholds on individual exposures could be introduced, meaning that only if an individual exposure is above a certain minimum amount should the institution actually check whether the aggregate exposure to the group of connected clients exceeds the EUR 1 million threshold. 161. When the total amount owed is reduced (e.g. amortised) and is less than EUR 1 million, no automatic assignment to the retail exposure class should be applied. In this case, the requirements of Article 86(4)(b) to (d) of the CRD become paramount. 162. If a parent institution has subsidiaries that are direct creditors to a group of connected clients, a process should be in place that will allow proper assignment of these connected clients to the retail or to the corporate exposure class, based on the aggregate exposure.
163. Institutions shall demonstrate that exposures in the retail exposure class are treated differently – meaning less individually – than exposures in the corporate exposure class (see Article 86(4)(c) of the CRD). For this purpose, the credit process can be divided into the following components: marketing and sales activities, rating process, rating system, credit decision, Credit Risk Mitigation methods, monitoring, early warning systems, and workout/recovery process. As long as an institution can demonstrate that any of these components differ clearly, this requirement can be regarded as met.
164. Differences in the rating systems and in the recovery process used by the institution can provide strong evidence that the criterion is fulfilled. Syndicated loans should not be treated as retail, as the syndication of a loan is itself a strong form of ‘individual’ loan management.
165. However, this should not give institutions an incentive to adapt their risk management processes to a lower standard in order to fulfil this criterion. The institution should not change the treatment of an exposure in preparation for the IRB approach.
166. If the rating system is the same as for corporate exposures, it should be possible to validate the rating system for exposures ‘treated as retail’ on a standalone basis. The parameter estimates and capital requirement calculations for retail may also be derived on a pooled basis and not only on the individual parameter estimates for individual obligors in the corporate exposure class. The fact that a retail customer is assigned an individual rating should not by itself exclude classification of that exposure as belonging to the retail sector.
3.3.1.1.2. Qualifying revolving retail exposures
167. Annex VII, Part 1, Paragraph 11 of the CRD lists five conditions (indents (a) to (e)), which exposures must meet in order to be assigned to the qualifying revolving retail (QRR) exposure class.
168. The term ‘individuals’ used in indent (a) is equivalent to ‘individual persons’ in Article 86(4)(a) of the CRD. The term ‘revolving’ used in indent (b) is explained sufficiently in the indent.
169. Indent (b) provides that loans must generally be unsecured in order to be included in the QRR exposure class. However, loans in this exposure class may be secured by a general lien that is contractually part of various exposures on the same obligor, as long as the individual exposure is treated as unsecured for capital calculation purposes (i.e., recoveries from collateral may not be taken into account in estimating LGD). The phrase “if the terms permit the credit institution to cancel them [the undrawn commitments] to the full extent allowable under consumer protection and related legislation“ should be interpreted as follows: an undrawn credit line is considered 'immediately cancellable' even if consumer protection or related legislation prohibit the institution from cancelling it immediately or set minimum cancellation periods. Compliance with consumer protection regulation should not prevent institutions from classifying exposures that comply with all other criteria as qualifying revolving retail exposures.
170. The threshold in indent (c) may be applied at the level of the institution. Subclasses within this exposure class should be differentiated if their loss rates differ significantly. Examples are credit cards, overdrafts, and others.
171. The demonstration of the low volatility of loss rates mentioned in indent (d) should be made at least in the course of the IRB approval process, and afterwards at any time on request. The benchmark level for assessing the
volatility of loss rates of the QRR portfolio or sub portfolios relative to the average level of loss rates should in general be the relative volatility of loss rates of other sub portfolios in the socalled ‘other retail’ exposure sub class, in which the institution holds exposures. In this case, institutions should provide data on the mean and standard deviation of the loss rates for all those subportfolios. When no ‘other retail’ exposure subclass is available in the institution or should this subclass not be appropriate as a benchmark level, the QRR portfolios of peer institutions, mortgage portfolios, or corporate portfolios may serve as possible alternative reference portfolios.
An example of a suitable measure of volatility could be the coefficient of variation (the standard deviation divided by the mean), as it normalises the standard deviation by the mean. Loss rate could be defined as the realised loss within a fixed period of time, measured as percentage of the exposure class value. For the purpose of this test, institutions should use the definition of loss provided in paragraphs 198 and 199 of these guidelines.
However, if such definition is too burdensome to be used (for example, for losses incurred before implementation of the CRD), supervisors may allow for the purposes of paragraph 167 the use of a different definition of loss not strictly in accordance with that used in IRB calculation, provided it is applied on a consistent basis.
3.3.1.1.3. Retail exposures secured by real estate collateral
172. Annex VII, Part 1, Paragraph 10 of the CRD states that for retail exposures secured by real estate collateral, a correlation (R) of 0.15 shall replace the figure produced by the correlation formula in Paragraph 9. Any retail exposure to which the institution assigns real estate collateral for its internal risk measurement purposes should be classified as an exposure secured by real estate collateral. For retail exposures to which no real estate collateral has been assigned, potential proceeds from the value of real estate must not be considered for LGD estimation.