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Commission Delegated Regulation (EU) 2016/101Show full title

Commission Delegated Regulation (EU) 2016/101 of 26 October 2015 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for prudent valuation under Article 105(14) (Text with EEA relevance)

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Commission Delegated Regulation (EU) 2016/101, CHAPTER IV is up to date with all changes known to be in force on or before 11 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

EUR 2016 No. 101 may be subject to amendment by EU Exit Instruments made by both the Prudential Regulation Authority and the Financial Conduct Authority under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 4. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.

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CHAPTER IVU.K. DOCUMENTATION, SYSTEMS AND CONTROLS

Article 18U.K.Documentation requirements

1.Institutions shall document appropriately the prudent valuation methodology. This documentation shall include internal policies providing guidance on all of the following points:

(a)the range of methodologies for quantifying AVAs for each valuation position;

(b)the hierarchy of methodologies for each asset class, product, or valuation position;

(c)the hierarchy of market data sources used in the AVA methodology;

(d)the required characteristics of market data to justify a zero AVA for each asset class, product, or valuation position;

(e)the methodology applied where an expert based approach is used to determine an AVA;

(f)the methodology for determining whether a valuation position requires a concentrated position AVA;

(g)the assumed exit horizon for the purpose of calculating AVAs for concentrated positions, where relevant;

(h)the fair-valued assets and liabilities for which a change in accounting valuation has a partial or zero impact on CET1 capital according to Article 4(2) and Article 8(1).

2.Institutions shall also maintain records to allow the calculation of AVAs at valuation exposure level to be analysed, and information from the AVA calculation process shall be provided to senior management to allow an understanding of the level of valuation uncertainty on the institution's portfolio of fair-valued positions.

3.The documentation specified in paragraph 1 shall be reviewed at least annually and approved by senior management.

Article 19U.K.Systems and controls requirements

1.AVAs shall be authorised initially, and monitored subsequently, by an independent control unit.

2.Institutions shall have effective controls related to the governance of all fair-valued positions, and adequate resources to implement those controls and ensure robust valuation processes even during a stressed period. These shall include all of the following:

(a)at least an annual review of valuation model performance;

(b)management sign-off on all significant changes to valuation policies;

(c)a clear statement of the institution's risk appetite for exposure to positions subject to valuation uncertainty which is monitored at an aggregate institution-wide level;

(d)independence in the valuation process between risk taking and control units;

(e)a comprehensive internal audit process related to valuation processes and controls.

3.Institutions shall ensure there are effective and consistently applied controls related to the valuation process for fair-valued positions. These controls shall be subject to regular internal audit review. The controls shall include all of the following:

(a)a precisely defined institution-wide product inventory, ensuring that every valuation position is uniquely mapped to a product definition;

(b)valuation methodologies, for each product in the inventory covering choice and calibration of model, fair value adjustments, AVAs, independent price verification methodologies applicable to the product, and the measurement of valuation uncertainty;

(c)validation process ensuring that, for each product, both the risk-taking and relevant control departments approve the product-level methodologies described in point (b) and certify that they reflect the actual practice for every valuation position mapped to the product;

(d)defined thresholds based on observed market data for determining when valuation models are no longer sufficiently robust;

(e)a formal IPV process based on prices independent from the relevant trading desk;

(f)a new product approval processes referencing the product inventory and involving all internal stakeholders relevant to risk measurement, risk control, financial reporting and the assignment and verification of valuations of financial instruments;

(g)a new deal review process to ensure that pricing data from new trades are used to assess whether valuations of similar valuation exposures remain appropriately prudent.

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