FINMA Circular 2008/23 Risk Diversification Banks

Transcription

1 FINANCIAL SERVICES FINMA Circular 2008/23 Risk Diversification Banks 1 Summary Circular 08/23 regulates procedures for taking account of credit derivatives in the trading book and bank book and short- term interbank positions with regard to risk diversification. 2 Latest Amendments 18 September Table of Contents I. Title page pg. 1 II. Circular 08/23 pg. 2 III. List of Amendments pg. 7 4 Other Languages DE: FINMA- RS 08/23 Risikoverteilung Banken FR: Circ.- FINMA 08/23 Répartition des risques Unofficial translation issued in December

2 Financial Market Supervisory Authority (FINMA) Circular 2008/23 Risk Diversification Banks Risk Diversification within the Banking Sector Reference: Issued: Effective: Last amendment: Concordance: Legal bases: FINMA-Circ. 08/23 Risk Diversification Banks 20 November January September 2013 [Amendments are denoted with an * and are listed at the end of the document] SFBC- Circ. 06/5 Risk Diversification of 29 September 2006 FINMASA art. 7 para.1 lit. b BA art. 3 para. 2 lit. b, art. 3g, art. 4 paras. 2 and 4, art. 4bis para. 2 SESTO art. 29 CAO art. 2, Addressees BA ISA SESTA CISA AMLA Other Banks Fin. groups & conglomerates Other intermediaries Insurers Ins. groups & conglomerates Intermediaries Stock exchanges & participants Securities Dealers Fund management company SICAV Limited partnerships for CIS SICAF Custodian banks Managers domestic CIS Distributors Representative of foreign CIS Other intermediaries SRO DSFI SRO Supervised Audit companies Rating agencies x x x 1

3 Table of Content I. Object margin no. 1 II. Credit Derivatives margin nos A. Allowance by the Security Recipient margin nos. 2-5 B. Allowance by the Security Provider margin nos III. Short- term Interbank Positions margin nos A. Purpose margin no. 11 B. Risk- weighting of Short- term Interbank Positions margin nos C. Procedure if a Preferential Weighting Condition No Longer Applies margin nos IV. Transitional Provisions (art. 138 CAO) margin nos A. Amendment of 1 June 2012 (Art. 138 CAO) margin nos B. Amendment of 18 September 2013 margin nos. 29 2

4 I. Object This Circular clarifies art of the Capital Adequacy Ordinance (CAO; SR ). It regulates proce- dures for taking into account of credit derivatives in the trading book and bank book as well as short- term interbank positions with regard to risk diversification. It is not to be applied for the pur- pose of determin- ing capital requirements. 1 II. Credit Derivatives A. Allowance by the Security Recipient Credit default swaps and total return swaps: positions hedged by credit default swaps or total return swaps 1 may be deducted from the borrower's total position in respect of the reference instrument. In any event, the credit equivalent as defined in art. 56 CAO for the corresponding credit default swap or total return swap is also to be taken into account as a component of each protection provider's total position. Credit linked notes: claims hedged by credit- linked notes 2 may be deducted from the borrower's total po- sition in respect of the reference instrument. The protection provider's total position is not affected by credit- linked notes. First- to- default swaps: given the non- specific hedge effect, the total positions of borrowers may not be reduced by positions hedged by first- to- default swaps. However, a credit equivalent for the first- to default swap is to be taken into account as a component of the total position of the particular protection provider. Second- to- default swaps and nth- to- default swaps: likewise in the case of second- to- default swaps and nth- to- default swaps, no total positions of borrowers may be reduced by positions hedged by these con- tracts. A credit equivalent for the second- to- default swap and the nth- to- default swap respectively is to be taken into account as a component of the total position for the particular protection provider B. Allowance by the Security Recipient Credit default swaps and total return swaps: hedge commitments made via credit default swaps or total return swaps are to be added to the borrower's total position in respect of the reference instrument. In addition, a credit equivalent for the credit default swap or the total return swap is also to be taken into account as a component of the total position of the protection recipient concerned. In the case of a credit default swap, this may not exceed the sum of the outstanding premium payments that have not been dis- counted. Credit- linked notes: hedging commitments entered into in the form of credit- linked notes are to be added to the borrower's total position in respect of the reference instrument. In addition to this, the receivable related to the debt instrument issued by the protection purchaser is to be added to the security recipient's total position. First- to- default swaps: all hedging commitments entered into in the form of first- to- default swaps are to be added to the borrower's total position in respect of the receivables in question. In addition, a credit equivalent is to be included as a component of the total position of that particular security recipient. How Hedges must be recognized, providing they meet the criteria set out in margin nos and of FINMA circ. 08/19 "Credit Risks Banks". 2 See footnote 1 3

5 ever, this may not exceed the sum of the outstanding premium payments that have not been discounted. Second- to- default swaps: as a general rule, second- to- default swaps are to be taken into account in the same way as first- to- default swaps (cf. margin no. 8). However, until the default of the first position in the basket, the smallest position in the basket in risk- weighted terms need not be added to the borrower's total position regarding the receivable. When taking the credit equivalent into account, the provisions set out in margin no. 8 are to be applied. n th - to- default swaps: these are taken into account as per the process set out in margin nos. 8 and 9. The n- 1 smallest positions in the basket in risk- weighted terms need not be added to the total position of their issuer. Each time one of the positions in the basket defaults, the variable n decreases by one. For example, following the default of one of the positions in the basket, a fifth- to- default swap becomes a fourth- to- default swap. When taking the credit equivalent into account, the provisions set out in margin no. 8 are to be applied III. Short- term Interbank Positions A. Purpose For risk diversification purposes, the FINMA imposes a lower risk weighting rate for short- term positions to certain banks in order to facilitate processing transactions in the interbank business. The conditions under which banks are entitled to apply such preferential weightings are set out below. 11 B. Risk- weighting of Short- term Interbank Positions Contrary to art. 115 para. 1 CAO and in application of art. 112 para. 2 lit. g CAO, the risk- weighting rates for sight and overnight positions to banks rated 1 or 2 as defined in art. 63 para. 2 no. 4 CAO in conjunction with art. 68 para. 1 CAO, provided this bank has not been designated as systemically important in Switzer- land or abroad, and to non- systemically relevant cantonal banks whose non- subordinated liabilities are all guaranteed by the canton, are set as follows: 12* 12.1* 32%, provided the eligible capital amounts to less than CHF 250 million; 12.2* 16%, provided the eligible capital amounts to between CHF 250 million and 1,000 million. 12.3* 8%, provided the eligible capital amounts to more than CHF 1,000 million. 12.4* For banks that calculate their eligible capital on a stand- alone basis as well as on a consolidated basis, the eligible capital on a consolidated basis is decisive for the purpose of calculating the risk weighting per- centage in accordance with margin nos to The ratings used in margin no must originate from a rating agency recognized by the FINMA. These ratings must be long- term ratings. If several rating agencies issue ratings for a specific counterparty, the rating class mentioned in margin no is determined in accordance with margin no. 6 of FINMA circ. 2008/19 Credit Risks Banks. The preferential weighting mentioned in margin nos may also be used by banks that do not use external ratings as per art. 64 CAO for the calculation of their capital ade- quacy requirements. The preferential weighting rates under margin nos through 12.4 are to be applied only to positions in * 12.6* 13*

6 respect of the parent company or, as applicable, to the foreign parent bank or the cantonal bank whose non- subordinated liabilities are all guaranteed by the canton. It will not be applicable to other companies (banks or non- banks) belonging to the same group. The weightings applicable to these must be the usual ones set out in art. 115 para. 1 CAO. UBS AG and Credit Suisse Group and any of their affiliated group banks are not permitted to take ad- vantage of the preferential ratings specified in margin nos to Bank subsidiaries are not entitled to apply the preferential weightings specified in margin nos to 12.6 to positions to their parent company in Switzerland or abroad. Likewise, bank subsidiaries of cantonal banks whose non- subordinated liabilities are all guaranteed by the canton are not entitled to apply the preferential weightings specified in margin nos to 12.6 to positions to the parent cantonal bank. However, where the conditions for intra- group counterparties stipulated in art. 99 para. 1 CAO are ful- filled, the positions to the banks in question will be excluded from the upper limit. By way of exception to art. 115 para. 1 CAO and in application of art. 112 para. 2 lit. g CAO, the risk weighting for positions held by banks belonging to the Swiss Organization of Regional Banks (German: RBA) to Entris Banking AG with a residual term to maturity of up to one year is to be set in accordance with margin nos through Two or more members of a group form a group of related counterparties and hence constitute a single risk position (art. 109 paras. 1 and 2 CAO). Entris Banking AG and the other companies belonging to RBA Hold- ing likewise form a single risk position. All positions will continue to be included in the risk position of the group in question in accordance with art. 113 CAO and reported in accordance with art. 100 para. 1 and 2 CAO and art. 102 CAO. The total risk position is not to exceed the upper limits specified in art. 97 CAO and art. 116 CAO. 14* 15* 16* 17* 18* 19* 20* C. Procedure if a Preferential Weighting Condition No Longer Applies If a counterparty no longer satisfies the criteria set out in margin nos to 12.6, positions to this bank are to be assigned the normal weightings specified in art. 115 para. 1 CAO. During the period specified in margin no. 21 new positions to the counterparty concerned are only to be entered into if the total risk position, once positions have been weighted in accordance with art. 115 para. 1 CAO, do not exceed the upper limits defined in art. 116.CAO 5

7 IV. Transitional provisions (art. 138 CAO) A. Amendment of 1 June 2012 (Art. 138 CAO) The margin nos. 16, 18, 22, 23 and 25 that were repealed as at 1 June 2012, as well as the references made to them in the margin nos. 12.6, 13, 14, 15, 17, 20, 21 and 24 remain applicable until 31 December 2018 in the version dated 17 November The same applies to margin no. 12 that was repealed on 1 June * 28* B. Amendment of 18 September 2013 The amendment of margin no of 18 September 2013 enters into force on 1 January 2014 and must be complied with on 31 March 2014 at the latest. 29* 6

8 List of amendments The following amendments were made to the Circular: The following amendments were adopted on and entered into force on Newly introduced margin nos. Amended margin nos , 25, 26 12, 13 15, 17, 19 21, 24 The following amendments were adopted on and enter into force on Newly introduced margin nos. Amended margin nos. margin nos. 27, , 12.6, 13 15, 17, 20, 21, 24 12, 16, 18, 22, 23, 25 In addition, the references to the Capital Adequacy Ordinance (CAO; SR ) were adjusted to reflect the version that is to enter into force on

9 Contacts Philipp Rickert Partner, Member of the Executive Com- mittee, Head Financial Services Tel Fax Mirko Liberto Partner, Financial Services Tel Fax mirkoliberto@kpmg.com Olivier Gauderon Partner, Financial Services Geneva Tel Fax ogauderon@kpmg.com Michael Schneebeli Partner, Financial Services Head Regulatory Services Tel Fax mschneebeli@kpmg.com Markus Schunk Partner, Head Investment Management Tel Fax markusschunk@kpmg.com Patrizio Aggio Director, Financial Services Lugano Tel Fax paggio@kpmg.com Hans Stamm Partner, Financial Services Tel Fax hansstamm@kpmg.com The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation KPMG Holding AG/SA, a Swiss corporation, is a subsidiary of KPMG Europe LLP and a member of the KPMG network of independent firms affiliated with KPMG International Cooperative ( KPMG International ), a Swiss legal entity. All rights reserved. The KPMG name, logo and cutting through complexity are registered trademarks or trademarks of KPMG International. 8