REGULATION NO 99-10 OF THE BANKING AND FINANCE REGULATIONS COMMITTEE ON SOCIETES DE CREDIT FONCIER (MORTGAGE CREDIT COMPANIES)



Similar documents
Act on Mortgage Credit Banks /1240. Chapter 1 General provisions. Section 1 Definition of a mortgage credit bank

Solvency Standard for Captive Insurers Transacting Non-life Insurance Business

SECTION ONE Objective and Scope, Basis and Definitions

DECISION ON THE METHOD OF VALUATION OF ASSETS FOR INSURANCE COMPANIES

Solvency Standard for Non-life Insurance Business in Run-off

How To Calculate Asset Concentration Risk In New Zealand

Notification of Ministry of Finance Re: Rules, Procedures, and Conditions for Establishing a Commercial Bank

Solvency Standard for Non-life Insurance Business

Rigensis Bank AS Information on the Characteristics of Financial Instruments and the Risks Connected with Financial Instruments

NATIONAL BANK OF ROMANIA. REGULATION No.17/2012 regarding certain conditions on granting loans

TREASURY AND INVESTMENT MANAGEMENT POLICY

Finansinspektionen s Regulatory Code

Act on Investment Firms /579

TAXATION OF FINANCIAL INSTRUMENTS

ACT ON BANKS. The National Council of the Slovak Republic has adopted this Act: SECTION I PART ONE BASIC PROVISIONS. Article 1

Basel Committee on Banking Supervision. Frequently Asked Questions on Basel III s January 2013 Liquidity Coverage Ratio framework

FINANCIAL STATEMENTS A S AT M AY 3 1, A N D

FRS1 FINANCIAL REPORTING STANDARDS ACCOUNTING STANDARDS BOARD OCTOBER 1996 FRS 1 (REVISED 1996)

Mortgage-Credit Loans and Mortgage-Credit Bonds etc. Act

PART I GENERAL. Chapter 1. General provisions. Section 1. General scope of application of the Act

THE CENTRAL BANK OF THE REPUBLIC OF ARMENIA BOARD RESOLUTION No. 39

A CONSOLIDATED VERSION OF THE PUBLIC DEBT MANAGEMENT ACT

CONSUMO BANCAJA 1 FONDO DE TITULIZACIÓN DE ACTIVOS

Resolution No. 391/2008 of the Polish Financial Supervision Authority. of 17 December 2008

Instructions of Criteria for Solvency of Brokerage Companies Operating on the Stock Exchange

CHAPTER 241 TAXATION OF BANKS AND OTHER FINANCIAL CORPORATIONS

PILLAR 3 DISCLOSURES 2009

Public Finance (Borrowing Powers)

ANNEX 1 NOMENCLATURE Art. 1. Foreign currency operations Art. 2. Current foreign currency operations

Methodological Tool. Draft tool to determine the weighted average cost of capital (WACC) (Version 01)

Asset Allocation and Members Benefits Flows

REGULATIONS. on assets classification and loan loss provisioning. and 29 December 2015)

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION (GSFIC) Policy and Procedures, Owner Commission

Participating Policy Fact Sheet

Lansing Board of Water and Light Employees Defined Contribution Pension Plan. Financial Report with Supplemental Information June 30, 2012

GE Financial Assurance Holdings, Inc. (Exact name of registrant as specified in its charter)

Telecom Italia Capital Société Anonyme 12, rue Eugène Ruppert L-2453 Luxembourg. R.C.S. Luxembourg B

CAPITAL RESOURCES AND PROFESSIONAL INDEMNITY INSURANCE REQUIREMENTS FOR PERSONAL INVESTMENT FIRMS (NO 2) INSTRUMENT 2015

THE COURT-SANCTIONED REFINANCING AGREEMENTS (`SPANISH SCHEME ) IN THE SPANISH INSOLVENCY SYSTEM

NC General Statutes - Chapter 54B Article 12 1

MORTGAGE BANK ACT. The approval of the authorities stipulated in paragraphs 1 and 2 is required for any modification to the articles of association.

United Nations Convention on the Assignment of Receivables in International Trade

Home Savings Act. The Slovak National Council has approved the following Act: P A R T O N E. Basic Provisions. Article 1

DECISION on own funds of credit institutions. Subject matter Article 1

Cash Flow Statements

TITLE 5 BANKING DELAWARE ADMINISTRATIVE CODE


Unofficial English translation

BERMUDA INSURANCE RETURNS AND SOLVENCY REGULATIONS 1980 BR 16 / 1980

Supplement No. 2 published with Extraordinary Gazette No. 129 dated 20 th December, THE INSURANCE LAW, 2010 (LAW 32 OF 2010)

Public consultation on the possibility for an investment fund to originate loans

FOR FINANCE LEASING INSTITUTIONS

PROSPECTUS Hypo Real Estate Bank International AG, Stuttgart ESTATE US-1

SSAP 24 STATEMENT OF STANDARD ACCOUNTING PRACTICE 24 ACCOUNTING FOR INVESTMENTS IN SECURITIES

Objectives and key requirements of this Prudential Standard

ASPE AT A GLANCE Section 3856 Financial Instruments

SECTION ONE Objective and Scope and Basis and Definitions

FINANCIAL STATEMENTS. As at May 31, 2013 and 2012


BANCO COOPERATIVO ESPAÑOL, S.A. AND SUBSIDIARIES. Consolidated Annual Accounts and Directors Report. 31 December (With Auditors Report Thereon)

Notes to Consolidated Balance Sheet

Public Employees Individual Retirement Account Fund/Deferred Compensation Plan (A Component Unit of the State of Alabama)

Danske Invest Bond Fund

Private Asset Management Company (SPF) in Luxembourg

PRIVATE TRANSLATION OF:

RULES ON MANAGEMENT OF FOREIGN CURRENCYASSETS OF THE STATE OIL FUND OF THE REPUBLIC OF AZERBAIJAN

Investing Insurance Funds

Bill of Legislation on adjustment of inflation-indexed housing mortgages. Art. 1 Objective

Statement of Cash Flows

HSBC Specialist Funds Limited. Short Duration Fixed Income Fund Supplement 2 November 2015

ONXEO NOTICE OF MEETING. Extraordinary and Ordinary General Meeting of Shareholders. of Wednesday, April 6, 2016

1. An offshore bank may transact any banking business with approved financial institutions.

LAW ON SETTLEMENT OF OBLIGATIONS AND CLAIMS IN RESPECT OF FOREIGN DEBT AND FOREIGN CURRENCY SAVINGS OF CITIZENS (OGRM

The interest factor depends on the perceived risk factor by the banks, past track, growth and profitability trends and the industry profile.

International Accounting Standard 7 Statement of cash flows *

life protection & savings participating policy fact sheet

Directions and Regulations

Disclosure 17 OffV (Credit Risk Mitigation Techniques)

SYNDICATE ACCOUNTING BYELAW

LITHUANIA LAW ON COMPANIES

INDUSTRIAL-ALLIANCE LIFE INSURANCE COMPANY. FIRST QUARTER 2000 Consolidated Financial Statements (Non audited)

RULEBOOK ON PENSION FUND INVESTMENT

EVLI SWEDEN EQUITY INDEX FUND

Finansinspektionen s Regulatory Code

BERMUDA INSURANCE RETURNS AND SOLVENCY REGULATIONS 1980 BR 16 / 1980

Solvency Standard for Captive Insurers Transacting Life Insurance Business

LOAN TO CORPORATE ENTITY - APPLICATION FORM

AGREEMENT. between the Ministry of Finance and Central Bank Iceland on Treasury debt management

REGULATION ON FINANCIAL HOLDING COMPANIES (Published in Official Gazette dated November 1, 2006 Nr )

Disclosure of European Embedded Value as of March 31, 2015

SCOPE OF APPLICATION AND DEFINITIONS

The Law of the Republic of Azerbaijan on Non-Bank Credit Institutions

Notes to Consolidated Financial Statements Notes to Non-consolidated Financial Statements

LAW ON FOREIGN EXCHANGE OPERATIONS

THE INVESTMENT FUNDS AND MANAGEMENT COMPANIES ACT - 1. Ljubljana, 2003

PRODUCT HIGHLIGHTS SHEET

LAW ON FOREIGN CURRENCY TRANSACTIONS. ( Official Herald of the Republic of Serbia, Nos. 62/2006 and 31/2011) I GENERAL PROVISIONS

Statement of Investment Policies and Procedures

The Mortgage Market Review and Non-bank mortgage lenders is enhanced Prudential Supervision on the way?

FONDS COMMUN DE PLACEMENT (MUTUAL FUND) REGULATIONS GROUPAMA TRESORERIE ******

Transcription:

REGULATION NO 99-10 OF THE BANKING AND FINANCE REGULATIONS COMMITTEE ON SOCIETES DE CREDIT FONCIER (MORTGAGE CREDIT COMPANIES) The banking and finance regulations committee, Given Act No 84-46 of 24 January 1984 amended, relating to the activity and supervision of credit institutions; Given Act No 99-532 of 25 June 1999 relating to savings and financial security; Given Regulation No 88-02 of 22 February 1988 amended relating to the entering in the accounts of interest rate transactions involving forward financial instruments; Given Regulation No 90-02 of 23 February 1990 relating to own funds; Given Regulation No 90-15 of 18 December 1990 amended relating to the entering in the accounts of interest rate or currency swap contracts; Given Regulation No 91-01 of 16 January 1991 amended relating to the establishment and publication of the annual individual accounts of credit institutions; Given Regulation No 97-02 of 21 February 1997 relating to the internal auditing of credit institutions, Decides Chapter 1 The valuation of buildings Article 1 Buildings financed by eligible loans in the assets of mortgage credit companies or provided as a guarantee for such loans are the subject of a caution valuation excluding all speculative elements. Article 2 The valuation is conducted on the basis of the long-term lasting characteristics of the building, normal and local market conditions, the use currently made of the property and other uses which could be made of it. This mortgage value is determined in writing, clearly and transparently. At the most, it is equal to the market value. As an exception, the valuation may be founded on the total cost of the transaction excluding costs and taxes for property for which the amount of the work financed does not exceed 10% of this cost and for which this cost is lower than: a) 300 000 if it involves housing completed at the most five years prior to the date on which the loan was granted or a building intended for professional use; b) 500 000 if it involves housing completed at the least five years prior to the date on which the loan was granted. Article 3 The valuation of the buildings is re-examined as part of the risk assessment system to which mortgage credit companies are subject under the terms of regulation No 97-02. This examination is conducted individually and once every year for buildings intended for professional use, the purchase price or most recent estimated value of which is higher than 300,000. It is carried out individually and once every three years for buildings intended for professional use, the purchase price or most recent estimated value of which is lower than 300,000. The value of other buildings and buildings intended for professional use, the purchase price or most recent estimated value of which is lower than 300,000 is re-examined annually using a statistical method. Article 4 Real estate is valued by an expert who does not depend upon the unit responsible for committing loans. 1

Article 5 The methods of building valuation and the methods used for the periodical re-examination of their value are kept available to the contrôleur spécifique (specific inspector) referred to in Article 107 of the aforementioned act of 25 June 1999 who rules on their validity. They are published simultaneously with the annual accounts accompanied by the assessment of the specific inspector. The banking commission may require that they be modified. Chapter II The valuation of assets and liabilities items Article 6 Mortgage credit companies are obliged to maintain, on a permanent basis and under the conditions laid down in this regulation, a cover ratio of preferential resources by elements included under the assets equal to 100% in accordance with the conditions laid down below. The banking commission may authorise an institution subject thereto to derogate temporarily from this provision, granting it a period within which to rectify its situation. Article 7 The elements included in the calculation of the ratio are taken from the company accounts of institutions subject thereto in accordance with rules laid down in the aforementioned Regulation No 91-01. Article 8 The ratio denominator consists of the obligations foncières (mortgage bonds) and all other resources benefiting from the preferential right, defined in Article 98 of the aforementioned act of 25 June 1999, including debts attached to these elements and debts resulting from related costs referred to in the third paragraph of the same article, sums due, if appropriate, in respect of the contract provided for in Article 99 of the aforementioned act of 25 June 1999 and sums due in respect of forward financial instruments benefiting from the preferential right defined in Article 98 of the aforementioned act of 25 June 1999. Article 9 The ratio numerator consists of all the assets items, weighted as follows: - 0%, 50% or 100% for secured loans and shares in fonds communs des créances (FCC) (mutual claims funds) in accordance with the rating conditions laid down in the appendix to this regulation; - 0% for items which are deducted from own funds in accordance with Regulation No 90-02, amended; - 50% for assets tied up as a result of the acquisition of buildings as part of the invoking of a guarantee; - 95% for sure and liquid stocks and debt securities; - 100% for other eligible elements in the assets. Article 10 Mortgage credit companies declare their cover ratio on 30 June and 31 December every year. Article 11 The banking commission may object to a weighting being applied to an element in the assets if it feels that this does not fulfil the conditions set. 2

Chapter III Management standards specific to mortgage credit companies Article 12 Mortgage credit companies must have a system for the assessment of the overall rate risk in the conditions laid down by Article 28 of Regulation No 97-02, notwithstanding the provisions of Article 29 of said regulation. The documentation and reports which, in application of Regulation No 97-02, must be made available to the executive body, the deliberating body, the general secretariat of the banking commission and the auditors or which must be sent to them, must also be made available or sent to the specific inspector. The specific inspector alerts the managers and the banking commission if he believes that the degree of matching of rate and maturity between the assets and the liabilities is inadequate. Article 13 In accordance with Article 33, 7 of the aforementioned act of 24 January 1984, mortgage credit companies publish information relating to the quality of their assets and in particular concerning the characteristics and breakdown of loans and guarantees, the total amounts unpaid, the breakdown of claims by amount and by category of debtors, the proportion of advance repayments and the level and sensibility of the rate position. Article 14 The forward financial instruments referred to in Article 95 of the aforementioned act of 25 June 1999 must fulfil the conditions laid down in Article 4 of Regulation No 88-02 of 22 February 1988 from the banking and finance regulations committee or by Article 2-1, b or c of Regulation No 90-15 of 18 December 1990 from the banking and finance regulations committee. 3

APPENDIX RATING CONDITIONS REFERRED TO IN ARTICLE 9 OF REGULATION NO 99-10 1. Treatment of secured loans for 100% and 50% weightings: a) Secured loans granted by the mortgage credit company are weighted at 100% for the cover ratio - the surety is granted by an institution having obtained a rating issued by an agency whose name is included in Grid 1 and - this rating is higher than or equal to the ratings specified in the same grid. b) Secured loans granted by the mortgage credit company are weighted at 50% for the cover ratio - the surety is granted by an institution which has obtained a rating issued by an agency whose name is included in Grid 2 and - this rating is higher than or equal to the ratings specified in this grid. 2. Treatment of shares in FCC for 100% and 50% weightings: a) The shares in mutual claims funds held by the mortgage credit company are weighted at 100% for the cover ratio referred to in Article 6 of this regulation under the following conditions - these shares have obtained a rating issued by an agency whose name is included in Grid 1 and - this rating is higher than or equal to the ratings specified in the same grid. b) The shares in FCC held by the mortgage credit company are weighted at 50% for the cover ratio - these shares have obtained a rating issued by an agency whose name is included in Grid 2 and - this rating is higher than or equal to the ratings specified in this grid. 3. 0% weighting: In other cases, shares in FCC and secured loans included in the assets of the mortgage credit company are weighted at 0% for the cover ratio referred to in Article 6 of this regulation. Grid 1: 100% weighting Rating agency Long-term rating (minimum) Fitch IBCA Moody s Standard & Poor s AA- Aa3 S&P: AA- ADEF: AA3 Grid 2: 50% weighting Rating agency Long-term rating (minimum) Fitch IBCA Moody s Standard & Poor s A- A3 S&P: A- ADEF: A3 4

REGULATION NO 99-11 AMENDING REGULATION NO 91-05 RELATING TO THE CALCULATION OF THE SOLVENCY RATIO The banking and finance regulation committee, Given Act No 84-46 of 24 January 1984 amended relating to the activity and supervision of credit institutions; Given Act No 99-532 of 25 June 1999 relating to savings and financial security; Given Regulation No 91-05 of 16 January 1991 amended relating to the solvency ratio, Decides: Single Article A point 4.2.1 bis is added to Article 4 of the aforementioned regulation No 91-05, which reads as follows: «4.2.1. bis 10% weighting - securities issued by a mortgage credit company within the meaning of Act No 99-532 of 25 June on savings and financial security and benefiting from the preferential right defined in Article 98 of said act; - securities issued by a credit institution whose registered office is located in the European Economic Area and which falls within a legal system aimed at protecting holders of securities equivalent to the securities referred to above». 5