PART THREE

CAPITAL REQUIREMENTS
TITLE II

CAPITAL REQUIREMENTS FOR CREDIT RISK
CHAPTER 4

Credit risk mitigation
Section 2

Eligible forms of credit risk mitigation
Sub-Section 2

Unfunded credit protection

Eligibility of protection providers under all approaches
Article 201
1
Institutions may use the following parties as eligible providers of unfunded credit protection:
a
central governments and central banks;
b
regional governments or local authorities;
c
multilateral development banks;
d
international organisations exposures to which a 0 % risk weight under Article 117 is assigned;
e
public sector entities, claims on which are treated in accordance with Article 116;
f
institutions, and financial institutions for which exposures to the financial institution are treated as exposures to institutions in accordance with Article 119(5);
g
other corporate entities, including parent undertakings, subsidiaries and affiliated corporate entities of the institution, where either of the following conditions is met:
1. those other corporate entities have a credit assessment by an ECAI;
2. in the case of institutions calculating risk-weighted exposure amounts and expected loss amounts under the IRB Approach, those other corporate entities do not have a credit assessment by a recognised ECAI and are internally rated by the institution;
h
qualifying central counterparties.
2
Where institutions calculate risk-weighted exposure amounts and expected loss amounts under the IRB Approach, to be eligible as a provider of unfunded credit protection a guarantor shall be internally rated by the institution in accordance with the provisions of Section 6 of Chapter 3.
Competent authorities shall publish and maintain the list of those financial institutions that are eligible providers of unfunded credit protection under point (f) of paragraph 1, or the guiding criteria for identifying such eligible providers of unfunded credit protection, together with a description of the applicable prudential requirements ...
Substituted by Corrigendum to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
Words in Art. 201(2) omitted (31.12.2020) by virtue of The Capital Requirements (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1401), regs. 1(3), 138 (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Art. 201(1)(h) substituted (1.1.2022) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 4 para. 6; S.I. 2021/671, reg. 5(1)(c) (with reg. 5(2)) (as amended by S.I. 2021/1163, regs. 1(2), 2)