Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

Eligibility of guarantees as unfunded credit protection under the CRR

By Kenneth Gray (UK) on April 27, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

In February, the PRA published a consultation paper containing its proposals as to how the eligibility criteria for guarantees to be treated as unfunded credit protection under the Capital Requirements Regulation (CRR) should be interpreted (our blog is here).

Those proposals have proved to be controversial. In particular the PRA:

  • suggests that the requirement for the guarantor to be obliged, contractually, to pay out ‘in a timely manner’ means that the pay-out should be made without delay and “within days, but not weeks or months”, of the date on which the obligor fails to make payment. This proposal, if correct, would render most export credit cover and credit insurance policies ineligible as credit risk mitigants for CRR purposes;
  • further suggests that the requirement for institutions to obtain legal opinions in respect of the effectiveness and enforceability of credit risk mitigants under Article 194(1) CRR goes much further than is current market practice; and
  • seeks to explain the requirement for the guarantee to be “incontrovertible” in a manner which may give rise to difficulties for guarantees governed by certain laws.

Norton Rose Fulbright has replied to the PRA consultation paper setting out why it believes the regulator’s proposals cannot be justified. For a copy of that reply, please contact Kenneth Gray.

Photo of Kenneth Gray (UK) Kenneth Gray (UK)
Read more about Kenneth Gray (UK)Email
  • Posted in:
    Financial, International
  • Blog:
    Financial services: Regulation tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • LEX Reception Blog
  • Civil Justice Blog
  • Boston ERISA & Insurance Litigation Blog
  • Stridon News and Insights
  • Taft Class Action & Consumer Insights
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo