2013-07-31 | 48/2013The Bank of Albania’s Supervisory Council issued Regulation 48/2013 to establish standardized calculation criteria and minimum thresholds for the capital adequacy ratio of licensed Albanian banks. This integrated framework defines key financial terms, standardizes credit risk mitigation techniques and securitization classifications, and replaces the prior 1999 capital adequacy rules. Licensed institutions must align their risk assessment processes and reporting mechanisms with these requirements by the regulation’s December 2014 effective date.
1 REPUBLIC OF ALBANIA BANK OF ALBANIA SUPERVISORY COUNCIL DECISION No. 48, dated 31.07.2013 ON APPROVAL OF REGULATION “ON CAPITAL ADEQUACY RATIO” In accordance with Article 12, letter “a” and Article 43, letter “c” of the Law No. 8269, dated 23.12.1997 “On the Bank of Albania”, as amended; Article 58, letters “a”, “b”, “c” and “ç”, Article 59, paragraphs 2 and 3 and Article 60, paragraph 2 of the Law No. 9662, dated 18.12.2006 “On banks in the Republic of Albania”, as amended, having regard to the proposal form Supervision Department, the Bank of Albania’s Supervisory Council, DECIDED:
2 REGULATION "ON CAPITAL ADEQUACY RATIO" (Approved under decision No.48, dated 31.7.2013 and amended by decision No. 43, dated 30.7.2014, decision No. 70, dated 18.12.2014, decision No. 49, dated 1.7.2015, decision No.91, dated 2.12.2015, decision No.49, dated 30.3.2016, decision No. 5, dated 1.2.2017, decision No. 34, dated 2.5.2018, decision No. 7, dated 5.2.2020, circulating decision No. 22, dated 1.4.2020, circulating decision No. 54, dated 9.11.2021, decision No. 68, dated 22.12.2021, decision No. 44, dated 2.11.2022, decision No. 36, dated 2.8.2023, decision No. 15, dated 6.3.2024 and by decision No. 31, dated 2.7.2025 of the Supervisory Council of the Bank of Albania) CHAPTER I GENERAL PROVISIONS Article 1 Scope
3 Article 4 Definitions
1 Amended by the Decision No. 36, dated 2.8.2023 of the Supervisory Council of the Bank of Albania. 2 Repealed the footnote by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 3 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
4 9) “Collective Investments Undertakings” (hereafter in this regulation referred to as “CIUs” for simplicity) – means the undertakings as defined 4 in article 2, paragraph 73 of the Law No.56/2020, dated 30.04.2020 “On collective investment undertakings”; 10) “Local and regional government authorities” – means local and regional selfgovernment units, as set forth by the competent authorities of each country; 11) 5“Public sector entities” - are non-commercial administrative bodies, responsible to central governments, regional governments or local authorities, or to authorities that exercise the same responsibilities as regional governments and local authorities; or non-commercial undertaking/legal persons that are owned by or set up and sponsored by central government, regional governments or local authorities, and that have guarantee arrangements from them, which include self-administered bodies governed by a special law and that are under public supervision; 12) “Small and Medium Sized Enterprises” (hereafter in this regulation referred to as “SME” for simplicity) – means respectively the categories that meet the following levels of annual turnover: The category Annual turnover Micro-enterprises less than 10 million ALL Small enterprises 10-15 million ALL Medium enterprises less than 250 million ALL 13) “Non-performing (loans) exposures (past due items) – means the exposures (loans) which, according to the requirements laid down in the Regulation “On credit risk management”, are classified in one of the following categories: substandard, doubtful and loss loans; 14) 6“Speculative immovable property financing” - means loans granted by the bank for the purposes of the acquisition of or development or construction on land in relation to immovable property, or of and in relation to such property, with the intention of reselling for profit; 15) “Covered bonds”– means the bonds whose issuance is regulated by special a law of the country where the issuer has its registered office and is to supervision by a competent authority and that simultaneously meet the following criteria: i. the funds obtained from the sale of covered bonds must be invested in assets which provide sufficient coverage for obligations arising from collateralized bonds until their maturity; and ii. covered bonds in the event of bankruptcy of the issuer, allow preferential treatment to the holder of collateralized bonds giving him priority in terms of principal and interest payments; 16) “Cash items in the process of collection”– means funds that are in the course of being transmitted between banks. These items include funds at transfer accounts, cheques and other forms of payment that have been sent for collection7 ;
4 Amended by the Decision No.68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 5 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 6 Amended by the Decision No.68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 7 For example, “pending accounts” as set out in the reporting methodology and financial report content.
5 17) “Minimum lease payments”– means the payments and any bargain option that the lessee is or can be required to make over the lease term (i.e. option, the exercise of which is reasonably certain); 18) “Solicited rating/ assessment– is an assessment by an eligible ECAI, on the request of a bank, upon the payment of a fee. The assessments produced in the absence of a request shall be considered as such, if the bank has previously received an assessment requested by the same ECAI. 19) “Unsolicited rating/assessment”– is an assessment produced without the request of the bank by an eligible ECAI and without the payment of a fee; b) In the Chapter IV for the credit risk mitigation techniques: 20) “Credit risk mitigation” – means the technique applied by a bank, to reduce the credit risk related to an exposure, or its exposures; 21) “Credit protection” – means any contractual method pursuant to which the protection seller provides and the protection buyer receives protection for the purpose of mitigating credit risk; 22) “Underlying asset” – means the asset, registered in the balance sheet of the buyer for which credit protection is acquired; 23) “Protection buyer”– means the entity which buys protection from credit risk, (i.e. sells credit risk); 24) “Protection provider”– means the entity which sells protection from credit risk, (i.e. buys credit risk); 25) “Funded credit protection”– means the technique of credit risk mitigation, which gives to protection buyer the right, in the event of the default of the borrower, to refund the value of credit given through the assets or monetary values previously defined; 26) “Unfunded credit protection ” – means the techniques of credit risk mitigation based on the commitment of a third party to pay to bank a specific amount in the event of the default of the borrower or on the occurrence of other specified credit events; 27) “Secured lending transaction”– means any transaction giving rise to an exposure secured by collateral which does not include a provision conferring upon the bank the right to receive margin frequently from the debtor, pledge or other collateral provider; 28) “Capital market-driven transaction”– means any transaction giving rise to an exposure secured by collateral which includes a provision conferring upon the bank the right to receive margin frequently from the debtor, pledge or other collateral provider; 29) “Credit event” – means the event agreed by the parties (provider and protection buyer), that triggers the protection provider to pay to the protection buyer out the amount specified in the contract;
6 30) “Master netting agreement” – means the agreements that allow the netting of exposures of the two involved parties, based on individual legal transactions. In case of termination of agreements, the master agreements provide the settlement of respective amounts related to all transactions. Master netting agreements lay down the terms and conditions of netting where the parties trade in different products regulated by individual agreements. In this context, a master netting agreement provides for the overall relationship of the parties in case of trading in different products by giving the non-defaulting party the right to terminate and close-out all transactions under the agreement upon the event of default on any of the transactions, even for a single transaction; 31) “Credit derivative” – means a contract where the protection provider undertakes to pay out to the protection buyer upon occurrence of a predetermined credit event. This obligation shall equal to one of the following: i. the decline in the value of the reference obligation with respect to the initial value (cash settlement variable), ii. the entire notional value of the reference obligation in exchange for physical delivery of the reference obligation or another equivalent financial instrument (deliverable obligation) specified in the contract, and iii. a specified fixed amount (binary payout); 32) “Reference obligation” – means the obligation used for the purposes of determining cash settlement value, or deliverable obligation in case of credit derivatives; 33) “Credit Default Swap” – means a type of credit derivative under which the credit protection buyer transfers the credit risk of the reference asset to the credit protection provider. The credit protection provider undertakes to compensate the credit protection buyer in the event of the occurrence of other specified credit events specified in the contract. For this service the protection buyer pays the protection seller a periodic premium. 34) “Total Return Swap” – means contracts under which the protection buyer agrees to transfer all the cash flows generated by the reference obligation to the protection provider. The protection provider, for his part, agrees to transfer the cash flows associated with changes in a reference rate to the protection buyer. On the payment dates (or the termination date of the contract), the protection buyer transfers to the provider the amount of the potential revaluation of reference obligation (i.e. a value equal to the positive difference between the market value and the initial value of the reference obligation). In the case of a decline in the value of the reference obligation, the protection provider transfers to the buyer the respective amount which compensate this decline; 35) “Credit Linked Notes” (for simplicity in this regulation referred to as “CLN” hereafter) – means a derivative financial instrument with an Embedded Credit Default Swap, which enables the credit protection buyer to transfer the risk associated with the asset on which the CLN is based. The credit protection provider receives from the buyer an increased regular coupon rate and regular value of the asset at maturity unless a credit event occurs prior to maturity of the asset on which the CLN is based;
7 36) “Basket mitigation techniques” – means the techniques based on basket credit derivatives where the protection buyer transfers to the provider the credit risk of more than one exposure (many exposures). The usual forms of basket credit derivatives are first-to-default and nth-to-default; 37) “First-to-default credit derivative” – means a contract relating to a certain number (basket) of exposures under the terms of which the first default among the exposures shall trigger payment by protection provider; 38) “Nth-to-default credit derivative” – means a contract relating to a certain number (basket) of exposures under the terms of which the nth default among the exposures shall trigger payment by the protection provider; 39) “Cash similar instrument” – means a certificate of deposit or other similar instrument issued by the bank which include the obligation to be refunded for the nominal value; 40) “Surrender value”– means the money paid by an insurance company to a policyholder who is cancelling an annuity or cash-value life insurance policy. (i.e. the cash value which is accumulated when premiums and interest on any previous cash value exceed the cost of insurance); 41) “Cross-Default” – means a clause in a credit agreement or instrument, which brings the announcement of the failure of the borrower, in case the latter default to make any required payment (otherwise known as cross-acceleration); 42) “Remargining” – means to place more cash or securities with the counterparty following a margin call. In cases the market value of the pledged collateral fall, the collateral holder requires to counterparty to restore the margin to comply with the determined requirements; c) 8 In the Chapter V for the calculation of risk capital requirements in the positions created in the process of securitisation: 43) “Securitisation” - means a transaction or scheme (financial operation), whereby the credit risk associated with an exposure or a pool of exposures is tranched, having all of the following characteristics: i. payments in the transaction or scheme are dependent upon the performance of the exposure or of the pool of exposures, ii. the subordination of tranches determines the distribution of losses during the ongoing life of the transaction or scheme; 44) “Traditional securitisation” - means a securitisation involving the transfer of the economic interest in the exposures being securitised through the transfer of ownership of those exposures from the originator to an SSPE, or through subparticipation by an SSPE. The securities issued do not represent payment obligations of the originator; 45) “Synthetic securitisation” - means a securitisation where the transfer of credit risk in one or two tranches is achieved by the use of credit derivatives or guarantees, and the exposures or portfolio of exposures being securitised remain exposures of the originator (are not object of transfers); 45/1) “NPE securitisation” - means a securitisation backed by a pool of non-performing exposures as defined in the regulation “On credit risk management from banks and
8 Amended by the Decision No.44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
8 branches of foreign banks”, the nominal value of which makes up not less than 90 % of the entire pool’s nominal value at the time of origination and at any later time where assets are added to or removed from the underlying pool, due to replenishment, restructuring or any other relevant reason; 45/2) “Qualifying traditional NPE securitisation” - means a traditional NPE securitisation where the non-refundable purchase price discount is at least 50 % of the outstanding amount of the underlying exposures at the time they were transferred to the SSPE; 45/3) “Revolving securitisation” - means a securitisation where the securitisation structure itself revolves by exposures being added to or removed from the pool of exposures, irrespective of whether the exposures revolve or not; 45/4) “Resecuritisation” - means securitisation where at least one of the underlying exposures is a securitisation position; 46) Repealed; 47) “Securitisation position”- means an exposure to a securitisation; 48) “Originator” - means an entity which: i. itself or through related entities, directly or indirectly, was involved in the original securitisation agreement which created the obligations or potential obligations of the debtor or potential debtor giving rise to the exposures being securitised; or ii. securitises the assets purchased by a third party, for its own account and recorded onto its balance sheet; 49) “Sponsor” - means a bank, whether located in or outside the country, or an investment firm as defined in law No. 62/2020 “On capital markets”, other than an originator, that: i. establishes and manages an asset-backed commercial paper programme (ABCP) or other securitisation, that purchases exposures from third-party entities, or ii. establishes an asset-backed commercial paper programme or other securitisation, that purchases exposures from third-party entities and delegates the day-to-day active portfolio management involved in that securitisation to an entity authorised to perform such activity in accordance with the law 56/2020 “On collective investment undertakings” and with the law 62/2020 “On capital markets” or relevant legislation; 49/1) “Original lender” - means an entity which, itself or through related entities, directly or indirectly, concluded the original agreement which created the obligations or potential obligations of the debtor or potential debtor giving rise to the exposures being securitised; 50) “ABCP (asset-backed commercial paper) programme” - means a programme of securitisations, the securities issued by which predominantly take the form of assetbacked commercial paper9 with an original maturity of one year or less; 50/1) “Fully-supported ABCP programme” - means an ABCP programme that its sponsor directly and fully supports by providing to the SSPE(s) one or more liquidity facilities covering at least all of the following: i. all liquidity and credit risks of the ABCP programme;
9 “Commercial paper” – in an unsecured, short-term debt instrument, issued by corporations, typically used to finance shortterm liabilities.
9 ii. any other ABCP transaction-level and ABCP programme-level costs if necessary to guarantee to the investor the full payment of any amount under the ABCP; 50/2) “ABCP transaction” - means a securitisation within an ABCP programme; 50/3) “Fully supported ABCP transaction” - means an ABCP transaction supported by a liquidity facility, at transaction level or at ABCP programme level that covers at least all of the following: i. all liquidity and credit risks of the ABCP transaction; ii. any other ABCP transaction-level and ABCP programme-level costs if necessary to guarantee to the investor the full payment of any amount under the ABCP; 51)“Securitisation special purpose entity (SSPE)” - means a corporation, trust or other entity, other than an originator or sponsor, that: i. is established for the purpose of carrying out one or more securitisations, ii. the activities of which are limited to those appropriate to accomplishing that objective, iii. the structure of which is intended to isolate the obligations of the SSPE from those of the originator; 52) “Credit enhancement” - means a contractual arrangement whereby the credit quality of a position in a securitisation is improved in relation to what it would have been if the enhancement had not been provided, including the enhancement provided by more junior tranches in the securitisation and other types of credit protection; 53) “Tranche” - means a contractually established segment of the credit risk associated with an exposure or a pool of exposures, where a position in the segment entails a risk of credit loss greater than or less than a position of the same amount in another segment, without taking account of credit protection provided by third parties directly to the holders of positions in the segment or in other segments; 54) “Excess spread” – means the difference between income flows received in respect of the securitised exposures (assets and off-balance sheet items) and expenses related to securitisation; 55) “Investor” - means a natural or legal person holding a securitisation position; 56) “Clean-up call option” - means a contractual option that entitles the originator to call the securitisation positions before all of the securitised exposures have been repaid, either by repurchasing the underlying exposures remaining in the pool in the case of traditional securitisations or by terminating the credit protection in the case of synthetic securitisations, in both cases when the amount of outstanding underlying exposures falls to or below certain pre-specified level; 57) “Liquidity facility” - means the securitisation position arising from a contractual agreement to provide funding to ensure timeliness of cash flows to investors; 58) “Unrated positions” – mean securitisation positions which do not have an eligible credit assessment by an eligible ECAI accepted by the Bank of Albania, in accordance with Subchapter IV of Chapter V of this regulation; 59) “Rated positions” - mean securitisation positions which have an eligible credit assessment by an eligible ECAI accepted by the Bank of Albania, in accordance with Subchapter IV of Chapter V of this regulation; 60) “First loss tranche” - means the most subordinated tranche in a securitisation that is the first tranche to bear losses incurred on the securitised exposures and thereby provides protection to the second loss and, where relevant, higher ranking tranches;
10 61) “Pro-rata” – means the division of payments between the originating bank and investors of interest, principal, expenses, losses and recoveries (if applied), based on the relative share of the originating bank and the investor in the drawn balances of underlying exposures at the beginning of each month; 62) “Revolving exposure” - means an exposure whereby borrowers’ outstanding balances are permitted to fluctuate based on their decisions to borrow and repay, up to an agreed limit; 63) “Early amortisation provision” - means a contractual clause in a securitisation of revolving exposures or a revolving securitisation which requires, on the occurrence of defined events, investors’ securitisation positions to be redeemed before the originally stated maturity of those positions; 63/1) “Servicer” - means an entity that manages a pool of purchased receivables or the underlying credit exposures on a day-to-day basis; 63/2) “Senior securitisation position” - means a position backed or secured by a first claim on the whole of the underlying exposures, disregarding for these purposes amounts due under interest rate or currency derivative contracts, fees or other similar payments, and irrespective of any difference in maturity with one or more other senior tranches with which that position shares losses on a pro-rata basis; 63/3) “Mezzanine securitisation position” - means a position in the securitisation which is subordinated to the senior securitisation position and more senior than the first loss tranche, and which is subject to a risk weight lower than 1250% and higher than 25%, in accordance with articles 109-114 of this regulation; 63/4) “Overcollateralisation” - means any form of credit enhancement by virtue of which underlying exposures are posted in value which is higher than the value of the securitisation positions; d) In the Chapter VI for the calculation of capital requirements for counterparty credit risk: 64) “Counterparty Credit Risk” (in this Regulation referred to as “CCR” hereafter for simplicity) - means the risk that the counterparty to a transaction could default before the final settlement of the transaction's cash flows; 65) “Central counterparty” – means any entity that legally interposes itself between counterparties to contracts traded within one or more financial markets, becoming the buyer to every seller and the seller to every buyer; 66) “Long Settlement Transactions” – mean transactions where a counterparty undertakes to deliver a security, a commodity, or a foreign exchange amount against cash, other financial instruments, or commodity, or vice versa, at a settlement or delivery date that is contractually specified as more than the lower of the market standard for this particular transaction and five business days after the date on which the bank enters into the transaction; 67) “Margin Lending Transactions” – mean transactions in which a bank extends credit in connection with the purchase, sale, carrying or trading of securities. Margin lending transactions do not include other loans that happen to be secured by securities collateral; 68) “Repurchase agreement and reverse repurchase agreement” – mean any agreement which meets the following criteria:
11 i. under this agreement the bank or its counterparty transfers securities or commodities or guaranteed rights relating to the title of those securities and commodities (where that guarantee is issued by a recognized exchange which holds the rights to the securities or commodities); and ii. this agreement does not allow a bank to transfer or pledge (or exchange for securities or commodities of the same description) a particular security or commodity iii. to more than one counterparty at one time, subject to a commitment to repurchase them, (or substituted securities or commodities of the same description) at a specified price on a future date specified, or to be specified, by the transferor. For the banks, a repurchase agreement represents an agreement which meets the criteria in question and under which the bank sells securities or commodities. For the bank a reverse repurchase agreement represents an agreement which meets the criteria in question and under which the bank purchases securities or commodities; 69) “Netting set” – means a group of transactions with a single counterparty that are subject to bilateral netting and for which netting is recognised under the sub-charter II of Charter VI of this Regulation. Each transaction that is not subject to a legally enforceable bilateral netting arrangement under sub-charter II of Charter VI should be interpreted as its own netting set for the purpose of this Chapter; 70) “Securities and commodities lending agreement and securities or commodities borrowing agreement” – mean any agreement under which a bank or its counterparty transfers securities or commodities against appropriate collateral, subject to a commitment that the borrower will return equivalent securities or commodities at some future date or when requested to do so by the transferor. Equivalent securities are considered those of the same issuer, with the same interest rate and maturity, those that are denominated in the same currency and have the same legal standing in the event of bankruptcy; 71) “Risk position” – means a number that is assigned to a transaction under the Standardised Method set out in Chapter VI, following a predetermined algorithm 72) “Hedging Set” – means an agreement which aims the hedge of the groups of risk positions from the transactions within a single netting set for which only their balance is relevant for determining the exposure value under the Standardised Method set out in Chapter 5; 73) “Current Market Value” (in this regulation referred to as “CMV” hereafter for simplicity) - means the net market value of the portfolio of transactions within the netting set with the counterparty. Both positive and negative market values are used in computing CMV as defined in the standard method of counterparty risk. 74) “Perfectly matching contracts” – are forward foreign exchange contracts or similar contracts in which a notional principal is equivalent to cash flows if the cash flows fall due on the same value date and fully or partly in the same currency;
12 e) In the Chapter VII for the calculation of capital requirements for market risk: 75) “Over-the-counter derivative instruments” (in this regulation referred to as “OTC” hereafter for simplicity in this Regulation) - means financial instruments referred to Annex IV of this Regulation which are not traded through the mediation of the central counterparty; 76) “Convertible security” – means a security which, at the option of the holder, may be exchanged for another security; 77) “Warrant” – means a security which gives the holder the right to purchase an underlying asset at a stipulated price until or at the expiry date of the warrant and which may be settled by the delivery of the underlying asset itself10 or by cash settlement; 78) “Stock financing” – means positions created upon the forward sale of commodities and the maintaining unchanged of the funding cost till the forward sale date; 79) “Recognised Stock Exchanges” – is the stock exchange which meets the following criteria: i. functions normally; ii. there are rules approved by the competent authorities of the country, which define its activity, the term to access the stock exchange and the conditions that contracts must fulfil, before traded in the stock exchange; iii.the stock exchange has a clearing mechanism, through which the listed contracts are subjects to a request for a daily margin, which according to the opinion of Bank of Albania provide the appropriate protection. 80) “Delta coefficient”– means the expected change in an option price caused by the change in the price of the instrument underlying the option; 81) “Gamma coefficient”–means the relative change in the delta coefficient caused by a small change in the price of the instrument underlying the option; 82) “Vega coefficient”– means the change in an option price caused by a small change in the volatility of the instrument underlying the option; f) In the Chapter VIII for the calculation of capital requirements for operational risk: 83) “Operational risk”– means the risk of loss an entity undertakes as a result from inadequate or failed internal processes and systems, human errors, or external events. The operational risk includes legal risk but excludes the reputation and strategic risk; 84) “Operational risk management system” – means a set of rules, processes, procedures, structures and resources established by the bank to identify, monitor, control, prevent and mitigate exposures to operational risks. It also includes the operational risk measurement system; 85) “Operational risk measurement system”– means a set of rules, processes, procedures and controls for collecting, treating, elaborating and safekeeping data on operational risks and for determining the capital requirement for operational risk.
10 “Underlying asset” – means a financial instrument (e.g. stocks, future contracts, commodities, currencies, indexes, etc) based on which derives a derivative price (“Derivative – means a financial instrument the price of which derives from a different asset).
13 CHAPTER II CAPITAL ADEQUACY Article 5 Capital adequacy ratio
11 Amended the content of the article 6 by the Decision No.68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
14 2. The following provisions shall apply in the calculation of the total exposure amount referred to in paragraph 1: a) the capital requirements referred to in letters “c” and “d” of paragraph 1 of this article shall include those arising from all the business activities of the bank; b) banks shall multiply the capital requirements set out in letters “b” to “d” of paragraph 1 of this article, by 12,5. Article 7 Regulatory capital
15 Article 9 Determining the exposure value
12 Amended by the Decision No.68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 13 Repealed by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania.
16 c) 14exposures or contingent exposures to public sector entities; d) exposures or contingent exposures on multilateral development banks; e) exposures or contingent exposures on international organizations; f) exposures or contingent exposures on supervised institutions; g) exposures or contingent exposures on corporates; g/1) 15exposures to supervised institutions and corporates with a short-term credit assessment; g/2) 16equity exposures; h) exposures or contingent exposures on retail portfolios; i) exposures or contingent exposures secured on real estate; j) past due items; k) exposures on high-risk categories; l) exposures in the form of covered bonds; m) exposures on securitization positions; n) exposures in the form of collective investment undertakings (“CIUs”); and/or o) other items. 2. 17Repealed. 3. 18Repealed. 4. 19Repealed. Article 11 General requirements for determining risk-weighted exposure amounts and determining risk weights according to exposure classes
14 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 15 Added by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania. 16 Added by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania. 17 Repealed by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania. 18 Repealed by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania. 19 Repealed by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania.
17 Article 12 Exposures to central governments or central banks
20 Amended by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
18 Article 13 Exposures to regional governments or local authorities
21 Added by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania. 22 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
19 2. For exposures to unrated public sector entities incorporated in countries where the central government is unrated, the banks shall apply a risk weight of 100%. 3. Banks, for exposures to public sector entities for which an assessment by an ECAI is available, shall assign a risk weight in accordance with the risk weights for exposures to supervised institutions, specified in article 17/1 of this regulation. The preferential treatment for short-term exposures provisioned in article 17, paragraph 2, and in article 17/1, paragraph 2, shall not be applied to public sector entities. 4. Notwithstanding the above paragraphs, banks shall assign a risk weight of 20% for exposures to public sector entities, with an original maturity of 3 (three) months or less than 3 (three) months. 5. Banks, with the prior approval of the Bank of Albania, may treat exposures to public sector entities as exposures to the central government, in whose jurisdiction they are established/operate, in the event there is no difference in the risk arising from such exposures, because of the existence of an appropriate guarantee by the central government. 6. Banks, where the competent authorities of a Member State of the European Union treat exposures to public sector entities, as exposures to institutions or as exposures to the central government, in whose jurisdiction they are established/operate, may assign a risk weight in the same manner to such public sector entities. 7. Where the competent authorities of a third country (excluding EU countries), which have regulatory and supervisory criteria, at least equivalent to those of the Bank of Albania, and treat exposures to public sector entities in accordance with paragraphs 1 to 3 of this article, the banks may apply these risk weights only with the prior approval of the Bank of Albania. Unless the conditions specified in this paragraph are met, banks shall apply a 100% risk weight. Article 15 Exposures to multilateral development banks
23 Amended by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania. 24 Amended by the Decision No. 68, date 22.12.2021 of Supervisory Council of the Bank of Albania.
20 d) Asian Development Bank; e) African Development Bank; f) Council of Europe Development Bank; g) Nordic Investment Bank; h) Caribbean Development Bank; i) European Bank for Reconstruction and Development; j) European Investment Bank; k) European Investment Fund; l) Multilateral Investment Guarantee Agency; m) International Finance Facility for Immunisation; n) Islamic Development Bank; o) 25the International Development Association; p) 26the Asian Infrastructure Investment Bank. 4. Banks shall assign a risk weight of 20% to the part of the unpaid capital subscribed to the European Investment Fund. Article 16 Exposures to international organisations
25 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 26 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 27 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
21 2. Banks, for exposures to supervised institutions with a residual maturity of 3 (three) or less than 3 (three) months, and which are denominated and funded in the national currency of the borrower, shall assign a risk weight that is one category less favourable than the preferential risk weight applied to the central government (as defined in paragraphs 4, 6 and 7 of article 12 of this regulation). In any case, this risk weight may not be less than 20%.
Article 17/128 Exposures to rated supervised institutions
28 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 29 Repealed by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 30 Amended by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. Credit quality step 1 2 3 4 5 6 Risk weight 20% 50% 50% 100% 100% 150% Credit quality step 1 2 3 4 5 6 Risk weight 20% 20% 20% 50% 50% 150%
22 b) if there is a short-term assessment which determines a more favourable or identical risk weight than the general preferential treatment for short-term exposures (with residual maturity up to 3 (three) months), as specified in paragraph 2 of this article, then the short-term assessment shall be used for that specific exposure only. Other short-term exposures shall follow the general preferential treatment for short-term exposures (with residual maturity up to 3 (three) months), as specified in paragraph 2 of this article; c) if there is a short-term assessment which determines a less favourable risk weight than the use of the general preferential treatment for short-term exposures (with residual maturity up to 3 (three) months), as specified in paragraph 2 of this article, then the general preferential treatment for short-term exposures shall not be used and all unrated short-term claims shall be assigned the same risk weight as that defined by the specific short-term assessment. Article 17/231 Exposures to unrated supervised institutions
31 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 32 According to the definition of “trade finance”, provisioned in regulation no.27, dated 28.3.2019 “On liquidity coverage ratio”.
23 Article 1833 Equity exposures
33 Amended the title and the content of the article 18 by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 34 Repealed by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
24 Article 19/135 Exposures to supervised institutions and corporates with a short-term credit assessment
35 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 36 Added by the Decision No. 31, dated 2.7.2025 of the Supervisory Council of the Bank of Albania. 37 Note: According to point 2 of decision no. 31, dated 2.7.2025 of the Supervisory Council of the Bank of Albania, for all banks that will benefit from the provisions of article 19/2, it will be allowed the distribution of the retained earnings from previous periods, or of the profit realized in 2025 and 2026, up to the extent of 50%.
25 Article 2038 Retail portfolio exposures
38 Amended the content of article 20 by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 39 For the purposes of calculating the retail portfolio, banks shall exclude the exposures or potential exposures, secured by mortgages on residential real estate, which are weighted by 35%. 40 Outstanding balance. 41 In cases when more than one loan has been granted to the borrower. 42 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
26
43 Amended the content of the article 21 by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 44 Amended by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
27 a) the subject of which is the purchasing/construction/reconstruction45 of a residential real estate (house, apartment); b) the borrower is the purchaser/owner46 of this residential real estate; c) they are secured by a mortgage on a residential real estate, which is on borrower's ownership and the latter uses it or has rented it; d) there are meet the requirements laid dawn in Annex 1 of this Regulation; e) the exposure value is less or equal to 75% of the residential real estate’s value; f) 47the value of the property shall not materially depend upon the credit quality of the borrower. Banks may exclude situations where purely macro-economic factors affect both the value of the property and the performance of the borrower from their determination of the materiality of such dependence; g) 48the risk of the borrower shall not materially depend upon the performance of the underlying property or project, but on the underlying capacity of the borrower to repay the debt from other sources, and as a consequence, the repayment of the facility shall not materially depend on any cash flow generated by the underlying property serving as collateral. For those other sources, banks shall determine maximum loan-to-income ratios as part of their lending policy and obtain suitable evidence of the relevant income when granting the loan. 2. Banks shall assign a risk weight of 35% to exposures to a tenant under a property leasing transaction, concerning residential property under which the bank is the lessor and the tenant has an option to purchase, provided that the exposure of the bank is fully and completely secured by its ownership of the property. 3. 49The Bank of Albania, based on its assessment on the loss experience of exposures secured by immovable property and forward-looking immovable property markets developments, may set higher risk weights applicable to those exposures or impose stricter criteria than those set out in paragraph 1 and 2 of this article, for the exposures secured by mortgages on residential property. Where the Bank of Albania sets higher risk weights or stricter criteria, banks shall have a transitional period to implement these new requirements. Article 23 Exposures secured by mortgages on commercial real estate
45 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 46 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 47 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 48 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 49 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 50 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
28 3. For the implementation of paragraphs (1) and (2) of this Article, banks shall ensure that the following criteria have been met: a) the value of the property does not materially depend upon the borrower's financial performance ( 51the bank may exclude situations, where purely macro-economic factors affect both the value of the real estate and the performance of the borrower, from the determination of the materiality of such dependence); b) the risk of the borrower does not materially depend upon the performance of the underlying property or project, but rather on the underlying capacity of the borrower to repay the debt from other sources (thus the repayment of the facility does not materially depend on any cash flow generated by the underlying property serving as collateral); c) the minimum requirements set out in Annex 1 of this regulation are met; d) the exposure value does not exceed 50% of the market value of commercial real estate. 4. The portion which exceeds the limit set out in paragraph 3, letter “d” of this article, shall be assigned a 100% risk weight. 5. When an EU Member State weights the exposures by commercial property, as set out in the above paragraphs of this article, banks shall assign 50% risk weight to the exposures secured by commercial properties located in the territory of that country. 6. 52For the purposes of this article, land is not considered as a commercial real estate mortgage. 7. 53The Bank of Albania, based on its assessment on the loss experience of exposures secured by immovable property and forward-looking immovable property markets developments, may set higher risk weights applicable to those exposures or impose stricter criteria than those set out in paragraphs 1 to 6 of this article, for the exposure secured by mortgages on commercial real estate. Where the Bank of Albania sets higher risk weights or stricter criteria, banks shall have a transitional period to implement these new requirements. Article 24 Past due items
51 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 52 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 53 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
29 2. For the purposes of defining the secured part of the past due items, eligible collateral and guarantees shall be those eligible for credit risk mitigation purposes. 3. After deducting the provisioning funds for covering the losses, banks shall assign a 100% risk weight to the exposures secured by a residential real estate as collateral, which are rated as past due items. 54If the provision funds created for these exposures are at least equal to 20% of the exposure value, to the residual part after deducting the provision funds shall be assigned a risk weight of with 50%. 4. After deducting the provisioning funds for covering the losses, banks shall assign a 100% risk weight to the exposures secured with commercial real estate as collateral, which are rated as past due items. Article 25 Exposures to high-risk categories
54 Repealed by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. The repeal enters into force on 1 September 2020. 55 Amended by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 56 The footnote is repealed by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 57 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 58 Added by the Decision No. 15, dated 6.3.2024 of the Supervisory Council of the Bank of Albania. 59 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
30 b) it is impossible to assess adequately whether the exposure falls under letter “a” of this paragraph. 5. 60Banks, for the purpose of paragraph 3, letter “a” of this article, include in investments in venture capital firms, at a minimum, any investment that meets both of the following conditions: a) the investment is either of the following types of investment: i. non-debt exposures, not listed on an exchange, conveying a subordinated, residual claim on the assets or income of an enterprise not listed on an exchange, ii. debt exposures and other securities, partnerships, derivatives or other vehicles, the economic substance of which is similar to the exposures specified in subparagraph “i” and not listed on an exchange; b) the investment is held with the objective of providing funding to newly established enterprises, including to the development of a new product and related research for the enterprise in order to bring this product to the market, to the build-up of the production capacity of the enterprise or to the expansion of the business of the enterprise. 6. 61Banks, for the purpose of paragraph 3, letter “b” of this article, include in investments in private equity, at a minimum, any investment that meets both of the following conditions: a) the investment is either of the following types of investment: i. all non-debt exposures not listed on an exchange conveying a subordinated, residual claim on the assets or income of an enterprise, ii. debt exposures and other securities, partnerships, derivatives or other vehicles, the economic substance of which is similar to the exposures specified in subparagraph “i” and not listed on an exchange; b) the investment is held with the intention of generating a profit through a leveraged buyout, an initial public offering, sale of the equity stake by other means or any transaction with a similar economic substance. Any investments in which the bank has the intention to develop a strategic business relationship with the enterprise it has invested in, should not be considered as private equity for the purposes of this paragraph. However, such investments may constitute high risk exposures as provisioned in paragraphs 7 to 9 of this article. 7. 62Banks, in order to identify high risk exposures that are not included in paragraph 3 of this article, consider all exposure classes, where they pay special attention to exposures to corporates, equity exposures and other exposures referred to in letters “g”, “g/2” and “o” of article 10 of this regulation.
60 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 61 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 62 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
31 8. 63Banks, from the exposures referred to in paragraph 7 of this article, should consider as items associated with high risk at least, those exposures that exhibit levels and ranges of risk drivers that are not common to other obligors or transactions of the same exposure class, where are included all of the following exposures: a) any financing of speculative investments in both financial and non-financial assets other than immovable property, in which the obligor has the intention to resell the assets for profit, including the financing of speculative investments in mobile property, agricultural products or intangible assets (such as licenses or patents), where both of the following conditions are met: i. there is a particularly high risk of loss in cases of the default of the obligor, in particular in the case of insufficient market liquidity or high price volatility for the financed object that has not yet been sufficiently mitigated by contractual arrangements, including irrevocable pre-sale contracts, ii. there are insufficient other incomes and assets of the obligor available for mitigating the loss risk for the bank, in particular in cases where the loss risk is high in relation to the financial resources of the obligor; b) any exposure for which an issue-specific external credit assessment is not available, to an entity created specifically to finance or operate physical assets other than immovable property, or is an economically comparable exposure, with contractual arrangements that give the lender a substantial degree of control over the assets and the income that they generate and for which the primary source of repayment of the obligation is the income generated by the assets being financed, in which any of the following conditions is met: i. the bank has identified in its analysis a high risk of loss resulting from any of the following: significant deficiencies in the financial strength of the corresponding special purpose vehicle (SPV), significant uncertainty related to the political and legal environment of the location of the project, if relevant, transaction or asset characteristics, diminished strength of the sponsor or developer, ii. the bank has identified a high risk of loss for an exposure related to project finance in the form of a single project in its pre-operational phase, when it does not yet have a positive cash flow that is sufficient to cover any remaining contractual obligations and declining long-term debt, and where its cash flows serve both as guarantee/security and as source of repayment, that the bank considers to be of no high quality, as it renders it unable to fulfil its financial commitments in a timely manner. 9. 64Banks consider all equity exposures to a given issuer, as items associated with high risk where one or all of the following conditions is met: a) the risk weight for any debt exposure of the bank to the same issuer is 150%; b) any debt of such an issuer would receive a 150% risk weight, if these debt obligations were exposures of the bank due to either of the following reasons:
63 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 64 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
32 i. the associated credit assessment of an external credit assessment institution (ECAI) nominated by the bank for the debt obligation, corresponds to a 150% risk weight, ii. the issuer is non-performing. 10. 65Where the banks identify any types of exposures carrying a particularly high risk of loss in accordance with the conditions set out in paragraph 4 of this article, other than those identified in accordance with paragraphs 8 or 9 of this article, they should notify the Bank of Albania, together with a brief description of the main characteristics of these exposures. Article 26 Exposures in the form of covered bonds
65 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 66 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 67 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 68 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 69 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
33 d) loans secured by residential real estate up to the lesser of the principal amount of the liens (combined with any prior mortgage) and 80% of the market value of the pledged properties or by senior70 units issued by securitisation entities governed by the Albanian laws or laws of a EU Member State securitising residential real estate exposures provided that at least 90 %71 of the assets underlying such units (securitisation) are secured by residential mortgages, combined with any prior liens, up to the lesser of the principal amounts due under the units, the principal amounts of the liens, and 80 % of the value of the pledged properties; e) loans secured by commercial real estate up to the lesser of the principal amount of the liens that are combined with any prior liens and 60 % of the value of the pledged properties or by senior units issued by securitisation entities governed by the Albanian laws or laws of a Member State, securitising commercial real estate exposures, provided that at least 90 % of the underlying assets are composed of commercial mortgages that are combined with any prior liens up to the lesser of the principal amounts due under the units, the principal amounts of the liens, and 60 % of the value of the pledged properties, while the units qualify for the credit quality step 1 as set out in this Chapter and that such units do not exceed 20 % of the nominal amount of the outstanding issue. Bank of Albania may recognise loans secured by commercial real estate as eligible where the loan value exceeds 60 % of the property value up to a maximum level of 70 % if the value of the total assets pledged as collateral for the covered bonds exceed the nominal amount outstanding on the covered bond by at least 10 %, and the bondholders’ claim meets the legal certainty requirements set out in Chapter IV of this Regulation. The bondholders’ claim shall take priority over all other claims on the collateral. Exposures caused by transmission and management of payments of the obligors of, or liquidation proceeds in respect of, loans secured by pledged properties of the senior units or debt securities shall not be comprised in calculating the 90 % limit; or f) for the purpose of the implementation of this paragraph, the term “collateralised”72 includes situations where the assets as described in 73letters “a” to “e” of this paragraph, are exclusively dedicated in law with the purposes the protection of the bond-holders against losses. 2. Banks shall, for real estate collateralising covered bonds, meet the minimum requirements set out in 74Annex 1 of this Regulation. 3. 75Banks, for covered bonds, for which a credit assessment by a nominated ECAI is not available, shall assign a risk weight on the basis of the credit risk weight assigned to senior unsecured exposures to the issuer, according to Table 7:
70 Senior priority securities shall qualify for the step 1 of credit quality as set out in this Chapter, and shall not exceed 20% of the nominal (residual) issue value. 71 Exposures caused by transmission and management of obligors’ payments, or liquidation proceeds in respect of, loans secured by real estate to the holders of covered bonds shall not be comprised in calculating the 90% limit. 72 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 73 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 74 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 75 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
34 a) if the exposure to the issuing bank is assigned a risk weight of 20 %, the covered bond exposure shall be assigned a risk weight of 10 %; b) if the exposure to the issuing bank is assigned a risk weight of 50 %, the covered bond exposure shall be assigned a risk weight of 20 %; c) if the exposure to the issuing bank is assigned a risk weight of 100 %, the covered bond exposure shall be assigned a risk weight of 50 %; and d) if the exposures to the issuing bank is assigned a risk weight of 150 %, the covered bond exposure shall be assigned a risk weight of 100 %. Table 7 Weights for senior unsecured exposures to the issuing bank 20% 50% 100% 150% Weights for the covered bond exposure 10% 20% 50% 100% 4. 76Banks, for covered bonds for which a credit assessment by a nominated ECAI is available, shall assign a risk weight according to Table 7.1. Table 7.1 Credit quality step 1 2 3 4 5 6 Risk weight 10% 20% 20% 50% 50% 100% 5. 77Banks treat with preferential risk weights, according to paragraphs 3 and 4 of this article, the exposures in the form of covered bonds, which fulfil the following conditions: a) the investing bank receives at least the following information on the investment portfolio: i) the value of the cover pool and outstanding covered bonds; ii) the geographical distribution and type of assets that collateralize the covered bonds, loan size, interest rate and foreign currency risk; iii) the maturity structure of covered bonds and assets that collateralize these covered bonds; and iv) the percentage of loans more than 90 days past due; b) the issuer makes the information referred to in letter “a” of this paragraph, available to the investing bank, at least semi-annually. Article 27 Exposures to securitisation positions Banks shall determine the risk-weighted exposure amounts for securitisation positions in accordance with the provisions set out in Chapter V of this Regulation.
76 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 77 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
35 Article 2878 Capital requirements for exposures in the form of units or shares in CIUs
78 Amended the title and the content of the article 28 by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
36 5. By way of derogation from subparagraph “i” of letter “c” of paragraph 4 of this article, where the bank determines the risk-weighted exposure amount of a CIU’s exposures in accordance with the mandate-based approach, the reporting by the CIU or the CIU management company to the bank may be limited to the investment mandate of the CIU and any changes thereof and may be done only when the bank incurs the exposure to the CIU for the first time and when there is a change in the investment mandate of the CIU. 6. Banks that do not have adequate data or information to calculate the risk-weighted exposure amount of a CIU’s exposures in accordance with the approaches set out in article 28/1 of this regulation, may rely on the calculations of a third party, provided that all the following conditions are met: a) the third party is one of the following: i. the depository institution or the depository financial institution of the CIU, provided that the CIU exclusively invests in securities and deposits all securities at that depository institution or depository financial institution, ii. for CIUs not covered by subparagraph “i” of this letter, the CIU management company, provided that the company meets the condition set out in letter “a” of paragraph 4 of this article; b) the third party carries out the calculation in accordance with the approaches set out in article 28/1 of this regulation, paragraphs 1, 2, 3 or 4, as applicable; and c) an external auditor has confirmed the correctness of the third party's calculation. 7. Banks that rely on third-party calculations shall multiply the risk-weighted exposure amount of a CIU’s exposures resulting from those calculations by a factor of 1,2. 8. By way of derogation from paragraph 7 of this article, where the bank has unrestricted access to the detailed calculations carried out by the third party, the factor of 1,2 shall not apply. The bank shall provide those calculations to the Bank of Albania, upon request. 9. Where the bank applies the approaches referred to in article 28/1 of this regulation for the purpose of calculating the risk-weighted exposure amount of a CIU’s exposures (“level 1 CIU”), and any of the underlying exposures of the level 1 CIU is an exposure in the form of units or shares in another CIU (“level 2 CIU”), the risk-weighted exposure amount of the level 2 CIU’s exposures may be calculated by using any of the three approaches described in paragraph 2 of this article. The bank may use the look-through approach to calculate the risk-weighted exposure amounts of CIUs’ exposures in level 3 and any subsequent level, only where it used that approach for the calculation in the preceding level. In any other scenario it shall use the fall-back approach. 10. The risk-weighted exposure amount of a CIU’s exposures calculated in accordance with the look-through approach and the mandate-based approach set out in article 28/1 of this regulation, shall be capped at the risk-weighted amount of that CIU’s exposures calculated in accordance with the fall-back approach. 11. By way of derogation from paragraph 1 of this article, banks that apply the look-through approach in accordance with article 28/1, paragraph 1 of this regulation, may calculate the risk-weighted exposure amount for their exposures in the form of units or shares in a CIU by multiplying the exposure values of those exposures, calculated in accordance with article 9 of this regulation, with the risk weight (RWi * ) calculated in accordance with the formula set out in article 28/3 of this regulation, provided that the following conditions are met:
37 a) the banks measure the value of their holdings of units or shares in a CIU at historical cost but measure the value of the underlying assets of the CIU at fair value if they apply the look-through approach; b) a change in the market value of the units or shares for which banks measure the value at historical cost changes neither the amount of regulatory capital of the banks nor the exposure value associated with those holdings. Article 28/179 Approaches for calculating risk-weighted exposure amounts of CIUs
79 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 80 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 81 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
38 Treatment of off-balance-sheet exposures to CIUs
39 ii. an alternative investment fund (AIF), as defined in Law 56/2020 “On collective investment undertakings” or relevant legislation, which solely invests in transferable securities or in other liquid financial assets referred to in Law 56/2020 “On collective investment undertakings”, where the mandate of the AIF does not allow a leverage higher than that allowed under that Law; c) the current market value of the underlying exposures of the CIU underlying the minimum value commitment without considering the effect of the off-balance sheet minimum value commitments, covers or exceeds the present value of the threshold specified in the minimum value commitment; d) when the excess of the market value of the underlying exposures of the CIU or CIUs over the present value of the minimum value commitment declines, the bank, or another entity subject to the consolidated supervision of the Bank of Albania, can influence the composition of the underlying exposures of the CIU or CIUs or limit the potential for a further reduction of the excess in other ways; e) the ultimate direct or indirect beneficiary of the minimum value commitment is typically a retail client, as defined in Law 62/2020 “On capital markets”. Article 29 Other exposures
82 Repealed by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 83 Repealed by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 84 Amended by the Decision No. 44, date 2.11.2022 of the Supervisory Council of the Bank of Albania. 85 Amended by the Decision No. 44, date 2.11.2022 of the Supervisory Council of the Bank of Albania.
40 7. The exposure value for leases shall be the discounted minimum lease payments. Minimum lease payments are the payments over the lease term that the lessee is or can be required to make and any bargain option (i.e. option the exercise of which is reasonably certain). Any guaranteed residual value fulfilling the set of conditions in Subchapter III of Chapter IV regarding the eligibility of protection providers (articles 82, 83) as well as the minimum requirements for recognising other types of guarantees provided in the same Chapter (article 77) shall also be included the minimum lease payments: These exposures shall be assigned in the relevant exposure class in accordance with article 10 of the regulation. When the exposure is a residual value of leased properties, the risk weighted exposure amounts shall be calculated according to the following formula: 1/t * 100% * exposure value where: t is the maximum, 1 the number of years of the lease contract term, rounded to a whole number. 8. Bank of Albania may allow a risk weight of 10 % for exposures to institutions that are specialised in the inter-bank and public-debt markets in their home countries and subject to close supervision by the competent authorities where those asset items are fully and completely secured, upon the prior approval of the competent authorities of the home countries, for items assigned a 0 % or a 20 % risk weight and recognised by the latter as constituting adequate collateral. SUBCHAPTER II RECOGNITION OF ECAIS AND MAPPING OF THEIR CREDIT ASSESSMENTS Article 30 Recognition of external credit rating
41 Article 31 Technical criteria for recognition of ECAIs
42 vii. there is adequate staffing and proper level of expertise and professional experience in credit assessment ratings (for e.g. at least one of the persons involved in a rating decision shall have at least three years of experience). The staff members’ number should be adequate for the business volume, taking into consideration also the necessary on-going contacts with the assessed subjects, where this is part of the methodology that has been used. viii. internal government rules are clearly formalised; ix. appropriate disclosure of any conflict of interest; x. there exist an internal audit function (or other similar functions) independent from the persons involved in the ratings, and charged with the verification of the effective implementation of the independence criteria. c) On-going review. ECAI's credit assessments are subject to on-going review and shall be responsive to changes in the financial conditions. To prove compliance with this requirement, Bank of Albania shall require the ECAI to meet the following conditions: i. the ECAI has in place procedures to monitor every change in the assessed economical units that my trigger important assessment changes, and if necessary, to immediately change the assessment/assessments; ii. the ECAI has in place an established back-testing procedure; iii. the credit assessments shall be reviewed at least annually. d) market credibility. ECAI’s individual credit assessments are recognised in the market as credible and reliable by the users of such credit assessments. Bank of Albania shall assess the credibility criteria based on factors such as: i. market share of the ECAI; ii. revenues generated by the ECAI, and more in general financial resources of the ECAI; iii. whether there is any pricing on the basis of the rating; and iv. at least two banks use the ECAI's individual credit assessment for bond issuing and/or assessing credit risks. e) Transparency of methodologies and assessments. Bank of Albania in the ECAIs recognition process shall require that: i. the ECAI discloses the principles of the methodology and the assessment and every change in the methodology, so as they are understandable for the users of the credit assessment; ii. the individual credit assessments are accessible at equivalent terms and to all banks having a legitimate interest in these individual credit assessments; and iii. in particular, the individual credit assessments are accessible to the non-domestic banks on equivalent terms as to domestic banks having a legitimate interest in these credit assessments. Article 32 Documentation requirement related to the recognition of ECAIs
43 Bank of Albania, upon submission by an ECAI of an application for recognition, shall recognize the ECAI based on the compliance with the criteria prescribed in article 31.
44 6. When the Bank of Albania has raised the risk weight in relation to the credit risk assessment of a particular ECAI, and the ECAI demonstrates that the default rates experienced for its credit assessment are no longer materially higher than the benchmark, Bank of Albania may and adopt a decision to restore the original credit quality step in the credit quality assessment scale to the ECAI credit assessment. SUBCHAPTER III USE OF ECAI CREDIT ASSESSMENTS FOR THE CALCULATION OF A RISK WEIGHTS Article 34 Use of external credit ratings
86 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
45 General requirements for the use of assessments
46 Article 38 Requirements for the use of long-term and short-term credit assessments
87 Added by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
47 2. Banks shall take all appropriate steps to ensure the effectiveness of the credit protection arrangement and to address related risks. Article 41 Method of applying credit risk mitigation techniques
48 2. Banks may not use the credit protection in cases when the residual maturity (of the credit protection) is less than 3 (three) months and the exposures’ residual maturity is larger than the residual maturity of the protection. 3. Banks may not use the credit protection in cases when its original maturity is less than one year, and the residual maturity of the credit is larger than the original maturity of the protection. 4. By way of derogation from paragraph 1 of this article, when banks use the Financial Collateral Simple Method to calculate risk-weighted exposure amounts specified in Articles 53 to 57, funded credit protection shall not be recognised as eligible if there is a maturity mismatch between the funded credit protection and the protected exposure. 5. Subject to a maximum of 5 years, the effective maturity of the underlying exposure shall be the longest possible remaining time before the obligor is scheduled to fulfil its obligations. The maturity of the credit protection shall be the time to the earliest date at which the protection may terminate or be terminated. 6. Where there is an option to terminate the protection which is at the discretion of the protection seller, banks shall consider as the maturity of the protection to be the time to the earliest date at which that option (of termination) may be exercised. While, where there is an option to terminate the protection which is at the discretion of the protection buyer and the terms of the arrangement at origination of the protection contain a positive incentive for the bank to call the transaction before contractual maturity, the maturity of the protection shall be taken to be the time to the earliest date at which that option may be exercised. 7. Where banks use as a mitigation technique a credit derivative that is permitted to terminate prior to expiration of any grace period, when this expiration qualifies as a condition for the default of the underlying obligation due to the failure to pay, the maturity of the protection shall be reduced by the amount of the grace period. 8. In the case of unfunded credit protection, when credit protection provided by a single protection provider has differing maturities, banks shall apply a similar approach to that described in paragraph 2 of article 42. Article 45 Requirements for internal processes and systems for managing risks associated with the implementation of credit risk mitigation techniques
49 FUNDED CREDIT PROTECTION Article 46 General principles on the recognition of the funded credit protection
50
88 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 89 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
51 a) debt securities issued by regional governments or local authorities, exposures to which are treated as exposures to the central government in whose jurisdiction they are established in accordance with Chapter III of this regulation as exposures to the central government in whose jurisdiction they are established; b) debt securities issued by 90public sector entities which are treated as exposures to central governments in accordance with article 14; c) debt securities issued by multilateral development banks to which a 0 % risk weight is assigned under Chapter III of this regulation; and d) debt securities issued by international organisations which are assigned a 0 % risk weight under Chapter III of this regulation. 4. For the purposes of item paragraph 1, letter “c” of this article, “debt securities issued by institutions” shall include: a) debt securities issued by regional governments or local authorities other than the exposures to which are treated as exposures to the central government in whose jurisdiction they are established under Chapter III; b) debt securities issued by 91public sector entities, exposures to which are treated as exposures to institutions under Chapter III; and c) debt securities issued by multilateral development banks other than those to which a 0 % risk weight is assigned under Chapter III. 5. Debt securities issued by institutions which securities do not have an external credit assessment may be recognised as eligible financial collateral if they fulfil the following criteria: a) they are listed on a recognised exchange; b) they qualify as senior debt; c) all other issues by the issuing institution of the same seniority, which under the rules for the risk weighting of exposures to institutions or short-term exposures under Chapter III of this regulation have an external credit risk assessment which is associated with credit quality step 3 or above; d) the lending bank has no information to suggest that the issue would justify a credit assessment below that indicated in letter “c”; and e) the bank can demonstrate to the Bank of Albania that the market liquidity of the instrument is sufficient for these purposes. 6. Banks shall recognise as eligible financial collateral, the units in collective investment undertakings (CIUs), if the following conditions are satisfied: a) they have a daily public price quote; and b) the collective investment undertaking is limited to investing in instruments that are eligible for recognition under this article. 7. If the collective investment undertaking is not limited to investing in instruments that are eligible for recognition under this article, banks may recognise CIU units with the value of the eligible assets as collateral under the assumption that the CIU has invested to the maximum extent allowed under its mandate in non-eligible assets as credit risk mitigation technique.
90 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 91 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
52 8. In cases where non-eligible assets can have a negative value due to liabilities or contingent liabilities resulting from ownership, banks shall calculate the total value of the non-eligible assets and shall reduce the value of the eligible assets by that of the non-eligible assets in case the latter is negative in total. 9. The use or potential use by a collective investment undertaking of derivative instruments to hedge permitted investments shall not prevent units in that undertaking from being eligible for credit risk mitigation. Article 50 Other eligible instruments as collateral under the Financial Collateral Comprehensive Method
53 a) there exists a low correlation, thus the credit quality of the obligor and the value of the financial collateral must not have a material positive correlation (i.e. securities issued by the obligor, or any related group entity, are not eligible credit risk mitigation). Exceptionally, obligor's own issues of covered bonds falling within the terms of paragraph 1 of article 26 may be recognized as eligible when they are posted as collateral for repurchase transactions, reverse repurchase transactions and securities or commodities lending or borrowing transactions provided that there are met the requirements set out in letter “a” of this article (article 51); b) banks shall fulfil any contractual and statutory requirements in respect of, and take all steps necessary to ensure, the enforceability of the collateral arrangements under the law applicable to their interest in the collateral. Banks shall conduct sufficient legal review confirming the enforceability of the collateral arrangements in all relevant jurisdictions and shall reconsider such reviews as necessary to ensure continuing enforceability of these contracts; c) banks shall meet the following operational requirements: i. they draft and approve the appropriate procedures for the documenting of collateral arrangements with the purpose the timely liquidation of collateral; ii. they implement clear procedures and processes to control risks arising from the use of financial collateral – including risks of failed or reduced credit protection, valuation risks, risks associated with the termination of the credit protection, concentration risk arising from the use of financial collateral and the interaction with the bank's overall risk profile; iii. they draft and approve policies and have in place documented practices concerning the types and amounts of the financial collateral accepted as a mitigation technique; iv. they calculate the market value of the financial collateral, and revalue it accordingly, with a minimum frequency of once every six months and whenever the bank has reason to believe that there has occurred a significant decrease in its market value; v. where the collateral is held by a third party, banks must take reasonable steps to ensure that the third party segregates the financial collateral from its own assets. Article 52 Financial Collateral - Calculation of the fully adjusted exposure value
54 Financial Collateral Simple Method – Collateral Valuation Under this method, the financial collateral that is recognised as a mitigation technique is assigned a value equal to its market value as determined in accordance with article 51, paragraph 1, letter “c”. Article 54 Financial Collateral Simple Method - Calculating risk-weighted exposure amounts for credit risk
55 a) debt securities issued by regional governments or local authorities, exposures to which, according to Chapter III of this regulation are treated as exposures to the central government, in whose jurisdiction they have been established; b) debt securities issued by multilateral development banks to which a 0% risk weight is assigned under Chapter III of this regulation; and c) debt securities issued by international organisations to which a 0% risk weight is assigned according to Chapter III of this regulation. Article 57 Financial Collateral Simple Method – Other transactions
56
57 E*- is the fully adjusted value of the exposure, taking into account both volatility and the risk mitigating effects of collateral; EVA - is the volatility-adjusted value of the exposure; CVAM - is CVA further adjusted for any maturity mismatch in accordance with the provisions of paragraph 3 of this article. Article 60 Financial Collateral Comprehensive Method - Calculation of volatility adjustments
58 1 ≤ 1 year 0.707 0.5 0.354 1.414 1 0.707
1 ≤ 5 years 2.828 2 1.414 5.657 4 2.828 5 years 5.657 4 2.828 11.314 8 5.657 2-3 ≤ 1 year 1.414 1 0.707 2.828 2 1.414 1 ≤ 5 years 4.243 3 2.121 8.485 6 4.243 5 years 8.485 6 4.243 16.971 12 8.485 4 ≤ 1 year 21.213 15 10.607 N/A 1 ≤ 5 years 21.213 15 10.607 N/A 5 years 21.213 15 10.607 N/A Table 10 Volatility adjustments for debt securities listed in Article 49, paragraph (1), letters "b", "c" and "d", with short-term credit assessments Credit quality step with which the credit assessment of the short-term debt security is associated Volatility adjustments for debt securities issued by entities described in Article 49, paragraph (1), “b”, with short-term credit quality assessment Volatility adjustments for debt securities issued by entities described in Article 49, paragraph (1), “c” and “d”, with short-term credit quality assessment 20-day liquidation period (%) 10-day liquidation period (%) 5-day liquidation period (%) 20-day liquidation period (%) 10-day liquidation period (%) 5-day liquidation period (%) 1 0.707 0.5 0.354 1.414 1 0.0707 2-3 1.414 1 0.707 2.828 2 1.414 Table 11 Volatility adjustments for other collateral or exposure types
59 Other collateral type s Other collateral types 20-day liquidation period (%) 10-day liquidation period (%) 5-day liquidation period (%) Main index equities, main index convertible bonds 21.213 15 10.607 Other equities or convertible bonds listed on a recognised exchange 35.355 25 17.678 Cash deposits or other similar instruments 0 Gold 21.213 15 10.607 Table 12 Volatility adjustment for currency mismatch Volatility adjustment for currency mismatch 20-day liquidation period (%) 10-day liquidation period (%) 5-day liquidation period (%) 11.314 8 5.657
60 4. For units in collective investment undertakings that are recognised as eligible for purposes of mitigation techniques, banks shall calculate the volatility adjustment as the weighted average volatility adjustment that would apply to the assets in which the CIU has invested, having regard to the liquidation period of the transaction as specified in paragraph 2 of this article. If the assets in which the CIU has invested are not known to the bank, the volatility adjustment is the highest volatility adjustment that would apply to any of the assets in which the CIU has the right to invest. 5. For unrated debt securities issued by institutions and satisfying the eligibility criteria set out in article 49, paragraph 5, banks shall calculate the volatility adjustments same as for securities issued by institutions or corporates with an external credit assessment, associated with credit quality steps 2 or 3. Article 62 Own estimates approach for the volatility adjustments
61 HM=HN√TM√TN where: HM - is the volatility adjustment under the relevant liquidation period TM; HN -is the volatility adjustment based on the liquidation period TN; TM - is the relevant liquidation period; TN - is the liquidation period referred to in Article 61. 5. Banks shall take into account the low liquidity level (illiquidity) of lower-quality assets and appropriately adjust the liquidation period. 6. Banks shall identify where historical data may understate potential volatility, and deal with such cases by means of a stress scenario. 7. The historical observation period for calculating volatility adjustments shall be a minimum length of one year. 8. Banks that use a weighting scheme or other methods for the historical observation period, shall assure that the effective observation period shall be at least one year. 9. Bank of Albania may also require a bank to calculate its volatility adjustments using a shorter observation period if this is justified by a significant upsurge in prices or price volatility. 10. Banks shall update their data sets at least once every three months and shall also reassess them whenever market prices are subject to material changes (implying that the volatility adjustments shall be computed at least every three months). Article 64 Qualitative criteria - Own estimates approach for volatility adjustments
62 Article 65 Scaling up of volatility adjustments
63 Core market participants shall include the following entities: i. entities mentioned in article 49, paragraph 1, letter “b”, exposures to which in accordance with Chapter II of the regulation, are assigned a 0% risk weight; ii. supervised institutions iii. other financial companies (including insurance companies), exposures to which are assigned a 20% risk weight under Chapter III of the regulation iv. adjusted and licensed collective investment undertakings that are subject to capital or financial leverage requirements; v. adjusted pension funds; and vi. recognised clearing houses. 2. Where a competent authority of an EU Member State allow the treatment in accordance with paragraph 1 of this article on the repurchase transactions, or securities or commodities lending or borrowing transactions for securities issued by its government, Bank of Albania may permit the banks to apply the same approach to the same transactions. Article 67 Calculating risk-weighted exposure amounts
64 a) they must be legally effective and enforceable in all relevant jurisdictions, including the event of the insolvency, winding-up or bankruptcy of a counterparty; b) banks shall be able to determine at any time those assets and liabilities that are subject to the on-balance sheet netting agreement; c) banks shall monitor and control the relevant risk related to the termination of the credit protection; and d) banks shall monitor and control relevant exposures on a net basis. Article 7092 On-balance sheet netting
92 Amended the title and the content of the article 70 by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 93 Repealed by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
65
94 Amended by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania. 95 Added by the Decision No. 68, dated 22.12.2021 of the Supervisory Council of the Bank of Albania.
66
67 Article 77 Other funded credit protection – Eligibility
68 g) the surrender value is declared by the company providing the life insurance and is non-reducible; h) the surrender value is to be paid in a timely manner upon request; i) the surrender value cannot be requested without the consent of the bank; and; j) the company providing the life insurance is subject to the Law No. 9267, dated 29.07.2004 “On the activity of insurance, reinsurance and intermediation in insurance and reinsurance”, as amended, or is subject to supervision by a competent authority of a third country which applies regulatory and supervisory standards at least equivalent to those applied in Albania. 3. Banks, for purposes of credit risk mitigation, shall use instruments repurchased on demand, only if the following conditions are met a) the issuing institution has an ECAI credit assessment which has been determined by Bank of Albania to be associated with credit quality step 1, under the requirements for the risk weighting of exposures to institutions under Chapter III of the regulation; b) the issuing institution should demonstrate that the instruments are sufficiently liquid. Article 79 Calculating risk-weighted exposure amounts - Cash on deposits or deposits certificate or cash similar instruments held by another / third party institution Banks shall treat as a guarantee by another /third party institution the cases of credit protection falling within the terms set out in Chapter III (Unfunded Credit Protection). Article 80 Calculating risk-weighted exposure amounts - Life insurance policies pledged to the lending bank
69 3. For the purposes of paragraph 2 of this article, where there is any currency mismatch between the exposure and the recognised credit protection, banks shall reduce the current surrender value as specified in article 91. Article 81 Calculating risk-weighted exposure amounts - Instruments repurchased on demand
70 d) international organisations exposures to which are assigned a 0% risk weight as laid down in Chapter III of this regulation; e) public sector entities, exposures / claims on which are treated by the Bank of Albania as exposures / claims on institutions or central governments under Chapter III of this regulation; f) supervised institutions; and g) other corporate entities, including parent, subsidiary and affiliate entities of the bank, which under the provisions in Chapter III of the regulation on the risk weighting of exposures to corporates, have a credit assessment by an eligible ECAI which is associated with credit quality step 2 or above. 2. By way of derogation from paragraph 1 of this article, Bank of Albania may also recognise as eligible providers of unfunded credit protection, other financial institutions licensed and supervised by the competent authorities responsible for the licensing and supervision of banks and subject to prudential requirements equivalent to those applied to banks and investment firms. Article 84 Eligibility of credit derivatives
71 Article 86 Minimum requirements common to guarantees and credit derivatives
96 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 97 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
72 b) both the original guarantee and the counter-guarantee meet the requirements for guarantees set out in articles 86 and 88, with exception from the paragraph 1, letter “a” in article 86 (i.e. the counter-guarantee need not be direct); and c) the cover is robust and that nothing in the historical evidence suggests that the coverage of the counter-guarantee is at least equivalent to that of a direct guarantee by the entity in question. 2. Banks shall apply the treatment set out in paragraph 1 of this article also to an exposure which is not counter-guaranteed by an entity listed in paragraph 1, if that exposure's counter-guarantee is in turn directly guaranteed by one of the 98entities listed in paragraph 1 of this article and the conditions listed in that paragraph are satisfied. Article 88 Additional requirements for guarantees
98 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania. 99 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
73 a) the lending bank, proportional to the coverage of the guarantee, has the right to obtain in a timely manner a provisional payment by the guarantor calculated to represent a robust estimate of the amount of the economic loss, including losses resulting from the non-payment of interest and other types of payment which the borrower is obliged to make. b) the lending bank can demonstrate that the loss-protecting effects of the guarantee, including losses resulting from the non-payment of interest and other types of payments which the borrower is obliged to make, justify such treatment. Article 89 Other requirements for credit derivatives
74 2. A mismatch between the underlying asset and the reference obligation under the credit derivative (i.e. the obligation used for the purposes of determining cash settlement value or the deliverable obligation) or between the underlying asset and the obligation used for purposes of determining whether a credit event has occurred is permissible only if the following conditions are met: a) the reference obligation or the obligation used for purposes of determining whether a credit event has occurred, as the case may be, ranks pari passu with or is junior to the underlying obligation; and b) the underlying asset and the reference obligation or the obligation used for purposes of determining whether a credit event has occurred, as the case may be, share the same obligor (i.e., the same legal entity) and there are in place legally enforceable cross-default or cross-acceleration clauses. Article 90 Valuation of unfunded credit protection
75 G is the nominal amount of the credit protection; G* is G adjusted for any foreign exchange risk; and HFX - is the volatility adjustment for any currency mismatch between the credit protection and the underlying asset. Where there is no currency mismatch, G* = G. 2. Banks shall calculate the volatility adjustments for any currency mismatch based on the Supervisory Volatility Adjustments Approach or the Own Estimates Approach as set out in articles 60 to 66. Article 92 Maturity mismatch
76 E - is the exposure value according to article 9 (for this purpose, the exposure value of an off-balance sheet item listed in Annex 2, shall be 100% of its value instead of the exposure value determined in paragraph (1) of article 9); g - is the risk weight of exposures to the protection provider as specified under Chapter III of the Regulation; and GA -is the value of G* as calculated under article 91, further adjusted for any maturity mismatch as laid down in article 92. Article 95 Calculating risk-weighted exposure amounts - Partial protection (equal seniority)
77 Where banks obtain credit protection for a number of exposures under terms that the first default among the exposures shall trigger payment and that this credit event shall terminate the contract, they may modify the calculation of the risk-weighted exposure amount, which would, in the absence of the credit protection, according to Chapter III of the regulation, produce the lowest risk-weighted exposure amount under the provisions of this Chapter, only if the exposure value is less than or equal to the value of the credit protection. Article 98 Nth-to-default credit derivatives Where the nth default among the exposures triggers payment under the credit protection, banks shall recognise the protection for the calculation of risk-weighted exposure amounts only if protection has also been obtained for defaults 1 to n-1 or when n-1 defaults have already occurred. In such cases, the methodology shall follow that set out in article 97 for first-to-default derivatives appropriately modified for nth-to-default credit derivatives.
78 CHAPTER V100 SECURISATION SUBCHAPTER I MINIMUM REQUIREMENTS FOR RECOGNITION OF SIGNIFICANT RISK TRANSFER FOR CREDIT RISK Article 99 Traditional securitisation
100 Amended the content of Chapter V (article 99-125/2) by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
79 commensurate transfer of credit risk to third parties. Permission may only be granted where the originator bank meets both of the following conditions: a) the originator bank has adequate internal risk management policies and methodologies to assess the transfer of credit risk; b) the originator bank has also recognised the transfer of credit risk to third parties in each case, for the purposes of the bank’s internal risk management and its internal capital allocation. 4. In addition to the requirements set out in paragraphs 1, 2 and 3 of this article, for the recognition of a significant credit risk transfer, all of the following conditions shall be met: a) the transaction documentation reflects the economic substance of the securitisation; b) the securitisation positions do not constitute payment obligations of the originator bank; c) the underlying exposures are placed beyond the reach of the originator bank and its creditors in a manner that meets the requirements set out in this paragraph. The title to the underlying exposures shall be acquired by the SSPE by means of a true sale or assignment or transfer with the same legal effect in a manner that is enforceable against the seller or any other third party. The transfer of the title to the SSPE shall not be subject to severe clawback provisions in the event of the seller’s insolvency; d) the originator bank does not retain control over the underlying exposures. The originator bank shall be considered that retains control over the underlying exposures where the originator bank has the right to repurchase from the transferee the previously transferred exposures in order to realise their benefits or if it is otherwise required to re-assume transferred risk. The originator bank’s retention of servicing rights or obligations in respect of the underlying exposures shall not of itself constitute control of the exposures; e) the securitisation documentation does not contain terms or conditions that: i. require the originator bank to alter the underlying exposures to improve the average quality of the pool in the securitisation, or ii. increase the yield payable to holders of positions or otherwise enhance the positions in the securitisation in response to a deterioration in the credit quality of the underlying exposures; f) where applicable, the transaction documentation makes it clear that the originator or the sponsor may only purchase or repurchase securitisation positions or repurchase, restructure or substitute the underlying exposures beyond their contractual obligations where such arrangements are executed in accordance with prevailing market conditions and the parties to them act in their own interest as free and independent parties (arm’s length); g) where there is a clean-up call option, that option shall meet all of the following conditions: i. it can be exercised at the discretion of the originator bank, ii. it may only be exercised when 10% or less of the original value of the underlying exposures remains unamortised, iii. it is not structured to avoid allocating losses to credit enhancement positions or other positions held by investors in the securitisation and is not otherwise structured to provide credit enhancement; h) the originator bank has received an opinion from a qualified legal counsel confirming that the securitisation complies with the conditions set out in letter “c” of this paragraph.
80 Article 100 Synthetic securitisation
81 i. impose significant materiality thresholds below which credit protection is deemed not to be triggered if a credit event occurs, ii. allow for the termination of the protection due to deterioration of the credit quality of the underlying exposures, iii. require the originator bank to alter the composition of the underlying exposures to improve the average quality of the pool in a securitisation, or iv. increase the bank’s cost of credit protection or the yield payable to holders of positions in the securitisation in response to a deterioration in the credit quality of the underlying pool; d) the credit protection is enforceable in all relevant jurisdictions; e) where applicable, the transaction documentation makes it clear that the originator bank or the sponsor may only purchase or repurchase securitisation positions or repurchase, restructure or substitute the underlying exposures beyond their contractual obligations, where such arrangements are executed in accordance with prevailing market conditions and the parties to them act in their own interest as free and independent parties (arm’s length); f) where there is a clean-up call option, that option meets all the following conditions: i. it may be exercised at the discretion of the originator bank, ii. it may only be exercised when 10% or less of the original value of the underlying exposures remains unamortised, iii. it is not structured to avoid allocating losses to credit enhancement positions or other positions held by investors in the securitisation and is not otherwise structured to provide credit enhancement; g) the originator bank has received an opinion from a qualified legal counsel confirming that the securitisation complies with the conditions set out in letter “d” of this paragraph. Article 101 Operational requirements for early amortisation provisions Where the securitisation includes revolving exposures and early amortisation provisions or similar provisions, significant credit risk shall only be considered transferred by the originator bank where the requirements laid down in articles 99 and 100 of this regulation are met and the early amortisation provision, once triggered, does not: a) subordinate the originator bank’s senior or pari passu claim on the underlying exposures to the other investors’ claims; b) subordinate further the originator bank’s claim on the underlying exposures relative to other parties’ claims; or c) otherwise increase the originator bank’s exposure to losses associated with the underlying revolving exposures.
82 SUBCHAPTER II CALCULATION OF RISK - WEIGHTED EXPOSURE AMOUNTS Article 102 Calculation of risk-weighted exposure amounts
83 securitisation position have been applied, in accordance with article 9 of this regulation; b) the exposure value of an off-balance sheet securitisation position shall be its nominal value less any relevant specific credit risk adjustments on the securitisation position in accordance with article 9 of this regulation, multiplied by the relevant conversion factor (percentage) as set out in this letter. The conversion factor shall be 100%, except in the case of cash advance facilities. To determine the exposure value of the undrawn portion of the cash advance facilities, a conversion factor of 0% may be applied to the nominal amount of a liquidity facility that is unconditionally cancellable, provided that repayment of drawn amounts from the facility are senior to any other claims on the cash flows arising from the underlying exposures and the bank demonstrates to the satisfaction of the Bank of Albania that it is applying an appropriately conservative method for measuring the amount of the undrawn portion; c) the exposure value for the counterparty credit risk of a securitisation position that results from a derivative instrument listed in Annex 4 of this regulation, shall be determined in accordance with Chapter VI of this regulation; d) an originator bank may deduct from the exposure value of a securitisation position which is assigned 1250 % risk weight in accordance with articles 113 and 114 of this chapter, or deducted from Common Equity Tier 1, in accordance with letter “j” of paragraph 1 of article 11 of regulation “On bank’s regulatory capital”, the amount of the credit risk adjustments on the underlying exposures in accordance with article 9 of this regulation, and any non-refundable purchase price discounts connected with such underlying exposures to the extent that such discounts have caused the reduction of regulatory capital. 2. Where a bank has two or more overlapping positions in a securitisation, it shall include only one of the positions in its calculation of risk-weighted exposure amounts. Where the positions partially overlap, the bank may split the position into two parts and recognise the overlap in relation to one part only in accordance with the first subparagraph. Alternatively, the bank may treat the positions as if they were fully overlapping by expanding for capital calculation purposes the position that produces the higher risk-weighted exposure amounts. The bank may also recognise an overlap between the specific risk capital requirements for positions in the trading book and the capital requirements for securitisation positions in the non-trading book, provided that the bank is able to calculate and compare the capital requirements for the relevant positions. For the purposes of this paragraph, two positions shall be deemed to be overlapping, where they are mutually offsetting in such a manner that the bank is able to preclude the losses arising from one position by performing the obligations required under the other position. 3. Where letter “d” of article 125 of this regulation applies to positions in an ABCP, the bank may use the risk weight assigned to a liquidity facility in order to calculate the riskweighted exposure amount for the ABCP, provided that the liquidity facility covers 100% of the ABCP issued by the ABCP programme and the liquidity facility ranks pari passu with the ABCP in a manner that they form an overlapping position. The bank shall notify
84 the Bank of Albania where it has applied the provisions laid down in this paragraph. For the purposes of determining the 100 % coverage set out in this paragraph, the bank may take into account other liquidity facilities in the ABCP programme, provided that they form an overlapping position with the ABCP. Article 104 Recognition of credit risk mitigation for securitisation positions
85 b) the bank buying credit protection shall calculate risk-weighted exposure amounts in accordance with Chapter IV of this, for the protected portion. 8. In all cases not covered by paragraph 7 of this article, the following requirements shall apply: a) the bank providing credit protection shall treat the portion of the position benefiting from credit protection as a securitisation position and shall calculate risk-weighted exposure amounts as if it held that position directly, in accordance with articles 113 and 114 of this regulation, subject to paragraphs 9, 10 and 11 of this article; b) the bank buying credit protection shall calculate risk-weighted exposure amounts for the protected portion of the position referred to in letter “a” of this paragraph, in accordance with Chapter IV of this regulation. The bank shall treat the portion of the securitisation position not benefiting from credit protection as a separate securitisation position and shall calculate risk-weighted exposure amounts in accordance with articles 113 and 114 of this Chapter, subject to paragraphs 9, 10 and 11 of this article. 9. Banks using the Standardised Approach (SEC-SA) under article 113 of this regulation shall determine the attachment point (A) and detachment point (D) separately for each of the positions derived in accordance with paragraph 7 of this article, as if these had been issued as separate securitisation positions at the time of origination of the transaction. The value of KSA shall be calculated taking into account the original pool of exposures underlying the securitisation. 10. Banks using the External Ratings Based Approach (SEC-ERBA) under article 114 of this regulation for the original securitisation positions, shall calculate risk-weighted exposure amounts for the positions derived in accordance with paragraph 8 of this article as follows: a) where the derived position has the higher seniority, it shall be assigned the risk weight of the original securitisation position; b) where the derived position has the lower seniority, it may be assigned an inferred rating in accordance with article 114, paragraph 7 of this regulation. In that case, tranche’s thickness value (T) shall only be computed on the basis of the derived position. Where a rating may not be inferred, the bank shall apply the higher of the risk weight resulting from either: i. applying the SEC-SA in accordance with paragraph 9 of this article and article 113 of this regulation; or ii. the risk weight of the original securitisation position under the SEC-ERBA. 11. The derived position with the lower seniority shall be treated as a non-senior securitisation position, even if the original securitisation position prior to protection qualifies as senior. Article 105 Implicit support in a securitization transaction
86 2. A transaction shall not be considered as support for the purposes of paragraph 1 of this article, where the transaction has been duly taken into account in the assessment of significant credit risk transfer and both parties have executed the transaction acting in their own interest as free and independent parties (arm’s length). For this purpose, the bank shall undertake a full credit review of the transaction and, at a minimum, take into account all of the following items: a) the repurchase price; b) the bank’s capital and liquidity position before and after repurchase; c) the performance of the underlying exposures; d) the performance of the securitisation positions; e) the impact of support on the losses expected to be incurred by the originator relative to investors. 3. The originator and the sponsor shall notify the Bank of Albania of any transaction entered into in relation to the securitisation in accordance with paragraph 2 of this article. 4. If an originator or a sponsor fails to comply with paragraph 1 of this article in respect of a securitisation, it shall include all of the underlying exposures of that securitisation in its calculation of risk-weighted exposure amounts as if they had not been securitised and disclose: a) that it has provided support to the securitisation in breach of paragraph 1 of this article; and b) the impact of the support provided in terms of capital requirements. Article 106 Originator banks’ calculation of risk-weighted exposure amounts of exposures in a synthetic securitization
87 a) the maturity of the underlying exposures shall be taken to be the longest maturity of any of those exposures, subject to a maximum of 5 years. The maturity of the credit protection shall be determined in accordance with Chapter IV of this regulation; b) the originator bank shall ignore any maturity mismatch in calculating risk-weighted exposure amounts for securitisation positions subject to a risk weight of 1250% in accordance with this subchapter. For all other positions, the maturity mismatch treatment set out in Chapter IV of this regulation, shall be applied in accordance with the following formula: RW* = RWSP ˑ [(t - t * ) / (T - t * )] + RWAss ˑ [(T - t) / (T - t * )] where: RW* = risk-weighted exposure amounts for the purposes of letter “a” of paragraph 1 of article 6 of this regulation; RWAss = risk-weighted exposure amounts for the underlying exposures as if they had not been securitised, calculated on a pro-rata basis; RWSP = risk-weighted exposure amounts calculated under article 106 of this regulation, as if there was no maturity mismatch; T = maturity of the underlying exposures, expressed in years; t = maturity of credit protection, expressed in years; t
88 a) where the SEC-SA may not be used, the bank shall use the SEC-ERBA in accordance with article 114 of this regulation, for rated positions or positions in respect of which an inferred rating may be used. 2. For rated positions or positions in respect of which an inferred rating may be used, a bank shall use the SEC-ERBA instead of the SEC-SA, in each of the following cases: a) where the application of the SEC-SA would result in a risk weight higher than 25% or the application of the SEC-ERBA would result in a risk weight higher than 75%; b) for securitisation transactions backed by pools of auto loans, auto leases and equipment leases. 3. In cases not covered by paragraph 2 of this article, and by way of derogation from letter “a” of paragraph 1 of this article, the bank may decide to apply the SEC-ERBA instead of the SEC-SA to all of its rated securitisation positions or positions in respect of which an inferred rating may be used. The bank shall notify Bank of Albania of any subsequent decision to further change the approach applied to all of its rated securitisation positions, within 30 days following that decision. In the absence of any objection by the Bank of Albania within 30 days following the notification, the decision notified by the bank shall take effect from 1 January of the following year and shall be valid until a subsequently notified decision comes into effect. A bank shall not use different approaches in the course of the same year. 4. By way of derogation from paragraph 1 of this article, Bank of Albania may prohibit banks, on a case by case basis, from applying the SEC-SA when the risk-weighted exposure amount resulting from the application of the SEC-SA is not commensurate to the risks posed to the bank or to financial stability, including but not limited to the credit risk embedded in the exposures underlying the securitisation. Particular regard shall be had to securitisations with highly complex and risky features. 5. For a position in a re-securitisation, banks shall apply the SEC-SA in accordance with article 113 of this regulation, with the modifications set out in article 118 of this regulation. 6. In all other cases, a risk weight of 1250% shall be assigned to securitisation positions. Article 110 Determination of KSA
89 the risk from the SSPE’s exposures is immaterial or if it does not affect the bank’s securitisation position. Article 111 Determination of attachment point (A) and detachment point (D)
90 where CFt denotes all contractual payments (principal, interest and fees) payable by the borrower during period t; or b) the final legal maturity of the tranche in accordance with the following formula: MT = 1 + (ML – 1) * 80%, where ML is the final legal maturity of the tranche. 2. For the purposes of paragraph 1 of this article, the determination of a tranche maturity (MT) shall be subject in all cases to a floor of 1 year and a cap of 5 years. 3. Where a bank may become exposed to potential losses from the underlying exposures by virtue of contract, the bank shall determine the maturity of the securitisation position by taking into account the maturity of the contract plus the longest maturity of such underlying exposures. For revolving exposures, the longest contractually possible remaining maturity of the exposure that might be added during the revolving period shall apply. Article 113 Calculation of risk-weighted exposure amounts under the Standardised Approach (SEC-SA)
91 a = – (1/(p · KA)) u = D – KA l = max (A – KA; 0) p = 1 for a securitisation exposure that is not a re-securitisation exposure. 2. For the purposes of paragraph 1 of this article, KA shall be calculated as follows: KA = (1-W) * KSA + W * 0.5 where: KSA is the capital charge of the underlying pool as defined in article 110 of this regulation; W is the ratio of: a) the sum of the nominal amount of underlying exposures in default, to b) the sum of the nominal amount of all underlying exposures. For the purposes of this Chapter, an exposure in default shall mean an underlying exposure which is either: i. 90 days or more past due; ii. subject to bankruptcy or insolvency proceedings; iii. subject to foreclosure or similar proceeding; or iv. in default in accordance with the securitisation documentation. Where a bank does not know the delinquency status for 5 % or less of underlying exposures in the pool, the bank may use the SEC-SA subject to the following adjustment in the calculation of KA: Where the bank does not know the delinquency status for more than 5% of underlying exposures in the pool, the position in the securitisation must be risk-weighted at 1250%. 3. Where a bank has a securitisation position in the form of a derivative to hedge market risks, including interest rate or currency risks, the bank may attribute to that derivative an inferred risk weight, equivalent to the risk weight of the reference position calculated in accordance with this article. For the purposes of this paragraph, the reference position shall be the position that is pari passu in all respects to the derivative or, in the absence of such pari passu position, the position that is immediately subordinate to the derivative. Article 114 Calculation of risk-weighted exposure amounts under the External Ratings Based Approach (SEC-ERBA)
92 2. For exposures with short-term credit assessments or when a rating based on a short-term credit assessment may be inferred in accordance with paragraph 7 of this article, the following risk weights shall apply: Table 13 Credit Quality Step 1 2 3 All other ratings Risk Weight 15% 50% 100% 1250% 3. For exposures with long-term credit assessments or when a rating based on a long-term credit assessment may be inferred in accordance with paragraph 7 of this article, the risk weights set out in Table 14 shall apply, adjusted as applicable for tranche maturity (MT) in accordance with article 112 of this reulation and paragraph 4 of this article and for tranche thickness for non-senior tranches, in accordance with paragraph 5 of this article. Table 14 Credit quality step Senior Tranche Non-senior (thin) tranche Tranche Maturity (MT) Tranche Maturity (MT) 1 year 5 years 1 year 5 years 1 15% 20% 15% 70% 2 15% 30% 15% 90% 3 25% 40% 30% 120% 4 30% 45% 40% 140% 5 40% 50% 60% 160% 6 50% 65% 80% 180% 7 60% 70% 120% 210% 8 75% 90% 170% 260% 9 90% 105% 220% 310% 10 120% 140% 330% 420% 11 140% 160% 470% 580% 12 160% 180% 620% 760% 13 200% 225% 750% 860% 14 250% 280% 900% 950% 15 310% 340% 1050% 1050% 16 380% 420% 1130% 1130% 17 460% 505% 1250% 1250% All other 1250% 1250% 1250% 1250% 4. In order to determine the risk weight for tranches with a maturity between 1 and 5 years, the bank shall use linear interpolation between the risk weights applicable for 1 and 5 years maturity respectively, in accordance with Table 14. 5. In order to account for tranche thickness, banks shall calculate the risk weight for nonsenior tranches as follows: RW = [RW after adjusting for maturity according to paragraph 4] · [1 – min (T; 50%)] where T = tranche thickness measured as D – A where
93 D is the detachment point as determined in accordance with article 111 of this regulation; A is the attachment point as determined in accordance with article 111 of this regulation. 6. The risk weights for non-senior tranches resulting from paragraphs 3, 4 and 5 of this article shall be subject to a floor of 15 %. In addition, the resulting risk weights shall be no lower than the risk weight corresponding to a hypothetical senior tranche of the same securitisation with the same credit assessment and maturity. 7. For the purposes of using inferred ratings, banks shall attribute to an unrated position an inferred rating, equivalent to the credit assessment of a rated reference position which meets all of the following conditions: a) the reference position ranks pari passu in all respects to the unrated securitisation position or, in the absence of a pari passu ranking position, the reference position is immediately subordinate to the unrated position; b) the reference position does not benefit from any third-party guarantees or other credit enhancements that are not available to the unrated position; c) the maturity of the reference position shall be equal to or longer than that of the unrated position in question; d) on an ongoing basis, any inferred rating shall be updated to reflect any changes in the credit assessment of the reference position. 8. Where the bank has a securitisation position in the form of a derivative to hedge market risks, including interest rate or foreign exchange risks, the bank may attribute to that derivative an inferred risk weight equivalent to the risk weight of the reference position, calculated in accordance with this article. For the purposes of this paragraph, the reference position shall be the position that is pari passu in all respects to the derivative or, in the absence of such pari passu position, the position that is immediately subordinate to the derivative. Article 115 Maximum risk weight for senior securitisation positions: look-through approach
94 Article 116 Maximum capital requirements
95 2. The banks calculate KSA for the underlying securitisation exposures, in accordance with articles 109-112 of this regulation. 3. The maximum capital requirements set out in articles 115-116 of this regulation shall not be applied to re-securitisation positions. 4. Where the pool of underlying exposures consists of a mix of securitisation tranches and other types of assets, the KA parameter shall be determined as the nominal exposure weighted-average of the KA calculated individually for each subset of exposures. Article 119 Additional risk weight
96 3. Notwithstanding letters “a” and “b” of paragraph 2 of this article, in the case of a fully supported ABCP programme, banks investing in the commercial paper issued by that ABCP programme shall consider the features of the ABCP programme and the full liquidity support. Article 121 Risk retention
97 c) supervised institutions to which a 50% risk weight or less is assigned under Chapter III of this regulation; or d) the multilateral development banks listed in article 15 of this regulation. 5. Paragraph 1 of this regulation shall not apply to transactions based on a clear, transparent and accessible index, where the underlying reference entities are identical to those that make up an index of entities that is widely traded, or are other tradable securities other than securitisation positions. Article 122 Ban on resecuritisation
98 obligations to be securitised, fulfils the requirements referred to in paragraph 1 of this article. SUBCHAPTER IV EXTERNAL CREDIT ASSESSMENTS Article 124 Use of credit assessments by ECAIs Bank to determine the risk weight of a securitisation position in accordance with this Chapter, shall use the credit assessment issued or endorsed by an eligible ECAI. Article 125 Requirements for credit assessments of ECAIs For the purposes of calculating risk-weighted exposure amounts in accordance with subchapter II of this Chapter, banks shall use a credit assessment by an eligible ECAI, only where all of the following conditions are met: a) there is no mismatch between the types of payments reflected in the credit assessment and the types of payments to which the bank is entitled under the contract giving rise to the securitisation position in question; b) the ECAI publishes the credit assessments and information on loss and cash-flow analysis, sensitivity of ratings to changes in the underlying ratings assumptions, including the performance of underlying exposures, and information on the procedures, methodologies, assumptions, and key elements underpinning the credit assessments. For the purposes of this letter, information shall be considered as publicly available where it is published in an accessible public format. Information that is made available only to a limited number of entities shall not be considered as publicly available; c) the credit assessments are included in the ECAI’s transition matrix; d) the credit assessments are not based or partly based on unfunded support provided by the bank itself. Where a position is based or partly based on unfunded support, the bank shall consider that position as if it were unrated for the purposes of calculating risk-weighted exposure amounts, in accordance with subchapter II of this chapter; e) the ECAI has committed to publishing explanations on how the performance of underlying exposures affects the credit assessment. Article 125/1 Use of credit assessments
99 2. The bank shall use the credit assessments of its securitisation positions in a consistent and non-selective manner and, for these purposes, shall comply with the following requirements: a) a bank shall not use an ECAI’s credit assessments for its positions in some tranches and another ECAI’s credit assessments for its positions in other tranches within the same securitisation, that may or may not be rated by the first ECAI; b) where a position has two credit assessments by different nominated ECAIs, the bank shall use the less favourable credit assessment; c) where a position has three or more credit assessments by different nominated ECAIs, the two most favourable credit assessments shall be used. Where the two most favourable assessments are different, the less favourable of the two shall be used; d) the bank shall not actively solicit the withdrawal of less favourable ratings. 3. Where the exposures underlying a securitisation benefit from full or partial eligible credit protection, in accordance with Chapter IV of this regulation, and the effect of such protection has been reflected in the credit assessment of a securitisation position by a nominated ECAI, the bank shall use the risk weight associated with that credit assessment. Where the credit protection referred to in this paragraph is not eligible under Chapter IV of this regulation, the credit assessment shall not be recognised and the securitisation position shall be treated as unrated. 4. Where a securitisation position benefits from eligible credit protection in accordance with Chapter IV of this regulation and the effect of such protection has been reflected in its credit assessment by a nominated ECAI, the bank shall treat the securitisation position as if it were unrated and calculate the risk-weighted exposure amounts in accordance with Chapter IV of this regulation. Article 125/2 Securitisation mapping
100 CHAPTER VI COUNTERPARTY CREDIT RISK SUBCHAPTER I CALCULATION METHODS OF THE EXPOSURES AMOUNT Article 126 General requirements for the choice of the method
101 c) the comprehensive method with internal volatility adjustment. 10. Banks shall calculate exposures due to long settlement transactions using one of the methods set out in paragraph 4 of this article, independently of the method chosen to treat OTC derivatives, repurchase agreements, reverse repurchase agreements, securities or commodities lending or borrowing transactions; or securities margin lending transactions. 11. Banks which shall calculate exposures using the Mark-to-Market Method and Standardised Method are not allowed to use the original exposure method in the following reporting period. 12. Notwithstanding the method chosen, banks shall calculate the exposure to a given counterparty, as the sum of all the exposure values, calculated for every netting set with that counterparty. 13. Repurchase and Reverse Repurchase agreements with the Bank of Albania shall not be subject of the provisions of this Chapter. Article 127 Special requirements for determining the exposure value
102 7. For the purposes of calculating risk weighted exposures, banks shall treat exposures calculated in accordance with the original exposure method, Mark-to-Market Method and Standardised Method, in accordance with the risk weights set out in Chapter III of this regulation. Article 128 Original Exposure method
103 Table 17 Residual maturity Interest-rate contracts Contracts concerning foreign exchange rates and gold Contracts concerning equities Contracts concerning precious metals except gold Contracts concerning commodities, other than precious metals ≤ 1 year 0% 1% 6% 7% 10% 1 year < Residual maturity ≤ 5 years 1.5 % 5% 8% 7% 12 %
5 years 1.5 % 7.5 % 10% 8 % 15 %
104 CMV = the current market value of the portfolio of transactions within the netting set with a counterparty, that is, where CMV= ∑iCMVi CMVi = the current market value of transaction i; CMC = the current market value of the collateral assigned to the netting set; that is, where CMC= ∑lCMCl CMCl =the current market value of collateral l; i = index designating transaction; l = index designating collateral; j= index designating hedging set category. These hedging sets correspond to risk factors for which risk positions of opposite sign can be offset to yield a net risk position on which the exposure measure is then based; RPTij = risk position from transaction i with respect to hedging set j; RPClj = risk position from collateral with respect to hedging set j; CCRMj = Multiplier of counterparty’s credit risk set out in Table 19 with respect to hedging set j; ß= 1.4 3. For purposes of calculating the exposure value, banks shall assign to the collateral received from counterparty a positive sign, whereas collateral posted to counterparty a negative sign to. 4. For purposes of recognizing the collateral according to this method, banks shall ensure that the collateral shall meet at least the criteria for recognition of collateral according to article 50 in Chapter IV of this regulation and according to paragraphs 5 to 8 of article 137 of this Chapter. Article 131 Treatment of the financial instruments in accordance with the Standardised Method
105 5. Banks shall assign to transactions with a linear risk profile with equities (including equity indices), gold, other precious metals or other commodity as the underlying financial instruments, a risk position in the respective equity (or equity index) or commodity (including gold and other precious metals) and an interest rate position for the payment leg. If the payment leg is denominated in foreign currency, it is additionally mapped to a risk position in the receptive currency. 6. Transactions of OTC derivatives with a linear risk profile with a debt instrument as the underlying instrument are mapped to an interest rate risk position for the debt instrument and another interest rate risk position for the payment leg. 7. Transactions of OTC derivatives with a linear risk profile that stipulate the exchange of payment against payment, including foreign exchange forwards, are mapped to an interest rate risk position for each of the payment legs. If the underlying debt instrument is denominated in a foreign currency, the debt instrument is mapped to a risk position in this currency. If the payment leg is denominated in foreign currency, the payment leg is again mapped to a risk position in this currency. The exposure value assigned to a foreign exchange basis swap transaction is zero. 8. Banks shall determine the size of a risk position from a transaction of OTC derivatives with linear risk profile as the effective nominal value (market price multiplied by quantity) of the underlying financial instruments, (including commodities), converted to the bank's domestic currency, except for debt instruments. 9. For debt instruments and for payment legs, banks shall determine the size of the risk position as the effective notional value of the outstanding gross payments (including the notional value) converted to Albanian lek, multiplied by the modified duration of the debt instrument, or payment leg, respectively. 10. Banks shall determine the size of a risk position from a credit default swap (CDS), as the nominal value of the reference debt instrument, multiplied by the remaining maturity of the credit default swap. 11. Banks shall determine the size of a risk position from an OTC derivative with a nonlinear risk profile, swap (and options), is equal to the delta equivalent effective notional value of the financial instrument that underlies the transaction, except in the case of an underlying debt instrument. 12. Banks shall determine the size of a risk position from an OTC derivative with a nonlinear risk profile, including swaps (and options), of which the underlying is a debt instrument or a payment leg), is equal to the delta, equivalent effective notional value of the financial instrument or payment leg), multiplied by the modified duration of the debt instrument, or payment leg, respectively. 13. For the determination of risk positions, banks shall consider the collateral received from counterparty as a claim on the counterparty under a derivative contract (long position) that is due today, while collateral posted is to be treated like an obligation to the counterparty (short position) that is due today. Article 132 Determining risk positions according to the standardised method
106 The net risk position, in the formulas presented in paragraph 2, article 130, shall be calculated as follows: 2. To calculate the net risk position, banks shall refer to the following categories of hedging sets: a) risk positions sensitive to “interest rate” risk factor: qualified issuer “qualified issuer” shall be every issuer for which a capital requirement is applied, for the specific risk of the tradable portfolio, equal or lower than 1.6%, as set out in Table 21, Chapter VII of this regulation. i. banks shall include the risk positions of qualified issuers related to money deposits received from the counterparty as collateral, from payment legs and from underlying debt instruments, in one of the six hedging sets for each currency as shown in Table 18. Hedging sets are defined by a combination of the criteria “maturity” and “referenced interest rate”. ii. for interest rate risk positions from underlying debt instruments or payment legs, for which the interest rate is linked to a reference interest rate that represents a general market interest level (e.g. Libor, Euribor, etc.), banks shall consider remaining maturity as the length of the time interval up to the next readjustment of the interest rate. In all other cases, remaining maturity shall be the remaining life of the underlying debt instrument or in the case of a payment leg, the remaining life of the transaction. Table 18 Interest rate remaining maturity / time interval up to the next readjustment Government referenced interest rates Non – government referenced interest rates Maturity Up to 1 year 1 year to 5 years Over 5 years Up to 5 years 1 year to 5 years Over 5 years b) Risk positions sensitive to “interest rate” risk factor: qualified issuer credit default swap, qualified issuer. Banks shall establish separate hedging sets for each qualified issuer of a reference debt instrument that underlies a credit default swap. “Nth to default” basket of a credit default swap shall be treated as follows:
107 i. banks shall determine the size of a risk position in a reference debt instrument in a basket underlying a nth-to-default” credit default swap, which is equal to the effective notional value of the reference debt instrument, multiplied by the modified duration of the nth-to-default, with respect to a change in the credit spread of the reference debt instrument; ii. banks shall lay down a hedging set for each reference nth-to-default credit default swap. Risk positions from different nth-to-default credit default swaps shall not be included in the same hedging set. c) Banks shall consider as unqualified issuers any issuer to which is assigned a capital requirement for the specific risk of the tradable portfolio of more than 1.6% according to Table 21 of Chapter VII of this regulation. i. For interest rate risk position related to debt instruments referred to unqualified issuers, for payment legs related to such issuers as well as for risk positions from money deposits that are placed as collateral with the counterparty, banks shall set out a separate hedging set for each issuer. ii. Banks can include in the same hedging set risk positions that arise from debt instruments of an unqualified, payment legs related to these issuers, or from reference debt instruments of the same issuer that underlie credit default swap. d) Risk positions sensitive to other risk factors Banks shall assign the same hedging set financial instruments, other than debt instruments, only if they are identical or similar instruments. In all other cases they shall be assigned to separate hedging sets. The similarity of instruments is established as follows: i. for equities, similar instruments are those of the same issuer. An equity index is considered to be issued by a separate issuer; ii. for precious metals, similar instruments are those of the same metal. A precious metal index is treated as a separate precious metal; iii. for electric power, similar instruments are those delivery rights and obligations, that refer to the same peak or off-peak load time interval within any 24-hour interval; and iv. for commodities, similar instruments are those of the same commodity. A commodity index is treated as a separate commodity. Article 133 Counterparty credit risk multipliers according to the standardized approach
108 Table 19 Hedging set categories CCRM 1 Interest rates, for risk positions related to debt instruments of qualified issuers 0.2% 2 Interest rates, for risk positions related to a reference debt instrument that underlies credit default swap 0.3% 3 Interest rates, for risk positions related to debt instrument, or reference debt instrument of unqualified issuers. 0.6% 4 Exchange rate 2.5 % 5 Electricity 4 % 6 Gold 5 % 7 Equity 7 % 8 Precious metals (except gold) 8.5% 9 Other commodities (except precious metals and electricity) 10% 10 Basic instrument of OTC derivative financial instruments, which are not included in any of the above categories 10% 2. For transactions with a non-linear risk profile or for payment legs and transactions with debt instruments as underlying for which the bank cannot determine the delta or the modified duration, banks shall use the Mark-to-Market method, set out in article 129 of this Chapter. 3. Banks shall not recognise the transaction netting set out in paragraph 2 of this article, which means that the exposure value should be determined on the assumption that netting set comprises just the individual transaction (thus each transaction shall be considered as a separate netting set). 4. Banks shall draft and approve internal procedures to verify that, prior to including a transaction in a hedging set; the transaction is covered by a legally enforceable netting contract that meets the requirements set out in Subchapter II of this Chapter. SUBCHAPTER II CONTRACTUAL NETTING Article 134 Netting types recognised by the Bank of Albania
109 2. For purposes of the mitigation / reducing of the counterparty credit risk, banks can use as mitigation technique the following netting types: a) bilateral contracts for novation between a bank and its counterparty under which mutual claims and obligations are automatically amalgamated in such a way that this novation fixes one single net amount each time novation applies and thus creates a legally binding, single new contract extinguishing former contracts; b) other bilateral agreements between a bank and its counterparty. Article 135 Requirements for recognition of contractual netting as a counterparty credit risk reducing
110 Article 136 Effects of recognition of contractual netting
111 ii. Original exposure method: For purposes of applying this method, Banks shall take into account perfectly matching contracts involved in the netting agreement as a single contract with notional value equal to net receipt, where the notional values are applied by the percentages given in Table 17, and shall apply for all other contracts included in a netting contract, the percentages set out in Table 20. Table 20 Original maturity* Interest-rate contracts Exchange-rate contracts Less than one year 0.35 % 1.50% More than a year but not more than two years 0.75 % 3.75 % Additional Payment for each additional year 0.75 % 2.25 % *In the case of the interest rates contracts, Banks, upon the prior approval of the Bank of Albania, may choose between the original maturity and the residual maturity. SUBCHAPTER III SPECIAL TREATMENTS OF THE COUNTERPARTY'S RISK Article 137 Special rules for trading book exposures
112 a) ranking the underlying obligations, on a descending scale of the credit quality, starting from those not qualified according to the specific position risk as per Chapter VII of this regulation; b) taking into consideration the underlying obligation on the n-position and the weighting factor related to it (e.g. in the case of a first-to-default contract, the weighting factor is determined by referring to the obligation with the lower quality in the basket). 4. In calculating risk-weighted exposure amounts, for trading book exposures, banks cannot use the Simple Method, set out in articles 52 to 58 of Chapter IV of this regulation, for the recognition of the effects of financial collateral. 5. In the case of repurchase transactions and securities or commodities lending or borrowing transactions, booked in the trading book, banks may recognise as eligible collateral all financial instruments and commodities that are eligible to be included in the trading book. 6. For exposures due to OTC derivative instruments booked in the trading book, banks may recognise as eligible collateral also the commodities that are eligible to be included in the trading book. 7. For the purposes of calculating volatility adjustments where such financial instruments or commodities which are not eligible under Chapter IV are lent, sold or provided, or borrowed, purchased or received by way of collateral or otherwise under such a transaction, and banks are using the supervisory volatility adjustments approach under Chapter IV, banks shall treat such instruments and commodities in the same way as non-main index equities listed on a recognised exchange. 8. Where banks are using their own estimates of volatility adjustments approach under Chapter IV of this regulation, in respect of financial instruments or commodities which are not eligible under the requirements of this Chapter (Chapter IV), volatility adjustments must be calculated for each individual item. 9. For the calculation of the exposures, in relation to the recognition of master netting agreements covering repurchase transactions and/or securities or commodities lending or borrowing transactions and/or other capital market-driven transactions, banks shall recognise netting across positions in the trading book and the non-trading book only when the netted transactions fulfil the following conditions: a) all transactions are assessed daily upon Marked-to-Market; and; b) any instrument or commodity borrowed, purchased or received under the transactions may be recognised as eligible financial collateral. 10. Where a credit derivative included in the trading book forms part of an internal hedge and the credit protection is recognised under Chapter IV of this regulation, banks shall deem that no counterparty risk arises from the position in the credit derivative. 11. Alternatively, banks may consistently include for the purposes of calculating capital requirements for counterparty credit risk all credit derivatives included in the trading book forming part of internal hedges or purchased as protection against a counterparty credit risk exposure where the credit protection is recognised under the requirements of Chapter IV.
113 CHAPTER VII MARKET RISK SUBCHAPTER I TRADING BOOK Article 138 General characteristics of trading book
114 2. Banks, in compliance with their trading policy, shall draft clearly defined internal policy and procedures to monitor the turn over and static positions in the trading book. 3. Banks shall have in place clear procedures for determining positions to be included in the trading book for purposes of calculating the capital requirement. These procedures shall be part of the risk management systems of the banks. Compliance with these procedures shall be subject of monitoring of the internal auditor. 4. Banks shall draft and approve clear procedures for the overall management of the trading book, which shall determine at least: a) activities that the bank shall consider as trading and which are included in the trading book for purposes of calculating the capital requirement; b) the level at which a position may be revaluated on a daily basis, referring to an active and liquid market as in purchasing and selling; and c) for the exposures assessed through specific methods (mark-to-model), the extent to which the bank is able to: i. identify all material exposure risks; ii. hedge all material exposure risks with instruments, for which there exist an active and liquid market, both for selling and buying; iii. provide reliable assessments on the main assumptions and parameters used in the model; d) The extent to which the bank can provide positive estimations that 101can be externally validated on on-going basis; e) The extent to which, legal or other operational requirements hinder the ability of the bank to liquidate or hedge a position in the short term; f) The extent to which the banks can actively manage the position risk in the framework of its trading activity; g) The extent to which the bank may transfer the risk or the position between the tradable and non-tradable book and the criteria for such transfers. Article 140 Specific requirements of the Bank of Albania
101 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
115 Article 141 Internal hedging
116 ii. the sources of market information and review of their appropriateness; iii. the frequency of independent valuation; iv. the timing of closing prices v. the procedures for adjusting valuations, the month-end and ad-hoc verification procedures; b) reporting lines for the unit in charge of the valuation process that are clear and independent of operating unit (front-office). The reporting lines shall ultimately be to the Steering Council of the bank. 5. Banks shall use Mark-to-Market valuation of positions in the trading book, which means at least daily valuation of the positions on close out prices that are sourced independently. (Examples include exchange prices, screen prices, or quotes from several independent reputable broker). 6. When Mark-to-Market, banks use the more prudent side of bid/ask unless the cases when banks is a significant market maker in the particular type of financial instrument or commodity in question and it can close out at mid-market. 102Where banks make use of this derogation, they shall every six months inform Bank of Albania of the positions concerned and submit evidence that they can close out at mid-market price. 7. Where Mark-to-Model is not possible, banks must 103conservatively mark to model their positions/portfolios before applying trading book capital treatment. Marking to model is defined as any valuation which has to be benchmark, extrapolated or otherwise calculated from a market input. 8. When marking to model, banks must comply with the following requirements: a) senior management shall be aware of the elements of the trading book which are subject to mark to model and shall understand the materiality of the uncertainty this creates in the reporting of the risk/performance of the bank; b) market input shall be, where possible, in line with market prices; c) the appropriateness of the market inputs of the particular position and the parameters of the model shall be assessed on a frequent basis; d) where available, for particular financial instruments or commodities, shall be used valuation methodologies which are accepted in the market practice; e) where the model is developed by the bank itself, it shall be based on appropriate assumptions, which have been assessed and challenged by suitably qualified parties independent of the development process; the model shall be developed or approved independently of the front-office; f) models shall be independently tested, including validation of the mathematics, assumptions and software implementation; g) there shall be formal change control procedures in place and a secure copy of the model shall be held and periodically used to check valuations; h) risk management structures shall be aware of the weaknesses of the models used and reflect those in the valuation output; and i) the model shall be subject to periodic review to determine the accuracy of its performance (e.g. assessing the continued appropriateness of assumptions, analysis of profit and loss versus risk factors, comparison of actual close out values to model outputs).
102 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 103 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
117 9. In addition to daily marking to market or marking to model, banks shall perform independent price verification through which to regularly verify market prices or model inputs. 10. Banks shall ensure that the verification of market prices and model inputs shall be performed by a unit independent of the dealing room, at least monthly, or, depending on the nature of the market/trading activity, more frequently. 11. Where independent pricing sources and market sources are not available, banks shall consider the valuation adjustments or creating valuation reserves. Article 143 Valuation adjustments of positions in the trading book
118 7. 104With regard to complex products, including securitisation exposures and n-th-todefault credit derivatives, banks shall explicitly assess the need for valuation adjustments, to reflect the model risk associated with using a possibly incorrect valuation methodology and the model risk associated with using unobservable (and possibly incorrect) calibration parameters in the valuation model. SUBCHAPTER II CAPITAL REQUIREMENT FOR MARKET RISK Article 144 Calculating the capital requirement for market risk
104 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
119 Article 145 Position risk
105 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 106 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
120 Article 147 Treatment of derivative and other instruments for the calculation of position risk
121 5. For purposes of calculating the capital requirement for market risk, banks may include in the trading book the positions arising from repurchase agreements, reverse repurchase agreements, and securities and commodities lending or borrowing transactions, provided that these transactions meet the criteria to be included in the trading book, and their inclusion shall be done on consistent basis. Notwithstanding where these transactions are booked, they are subject to the capital requirements for the counterparty credit risk. Banks shall treat: a) repurchase agreements and lending agreements as a combination of a long position in the underlying security with the equivalent maturity and a short position in a risk-free debt instrument with a maturity date and interest rate equal to the repurchase rate; b) repurchase agreements and lending agreements as a combination of a short position in the underlying security with the equivalent maturity and an assumed long position in a risk-free debt instrument with a maturity date and interest rate equal to the repurchase rate. 6. For the treatment of convertible bonds, banks may choose between 2 different methodologies, respectively: a) first, banks shall include convertible bonds in debt securities; and b) second, banks shall include such bonds in debt securities or equity, based upon the probability of conversion through delta equivalent value. If they choose to use the second methodology, banks shall apply it to the entire convertible bonds portfolio. 7. Banks may not make netting between the convertible security and the opposite sign position on its underlying instrument. 8. Banks, that do not use sensibility models, 107in accordance with article 150, may treat as fully offsetting any positions in interest-rate derivatives (forward rate agreements, interest-rate swaps, swap options) that meet at least the following conditions: a) the positions are offset up to the same notional amount and are denominated in the same currency and relate to the same underlying instrument; b) the reference rates for floating rate positions are identical and the differential between coupons for fixed-rate positions not more than 20 basis points; c) the next interest-rate fixing date or, in the case of fixed-coupon positions, the residual maturity meets the following conditions: i. less than one month: same day ii. between one month and one year: within 30 days
107 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
122 Article 148 The treatment of the protection seller
108 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
123 For the purposes of calculating capital requirement for position risk, in cases when a single name credit linked note has an external rating and meets the conditions for a qualifying debt item referred to paragraph 7 of article 153, banks shall treat them as a single long position in the debt instrument (note). d) multiple name credit linked note shall be treated: i. for general risk, as a long position in the underlying debt instrument (note); ii. for specific risk, this instrument, providing proportional hedging, creates several long positions in each reference obligation in the amount equivalent to the proportion of the individual reference obligation in the total notional amount of the multiple name credit linked note. For the purposes of calculating capital requirement for specific risk, where more than one reference obligation exist, banks shall treat the relevant risk weighting equal to the highest risk weighting assigned to the obligations in question. For the purposes of calculating capital requirement for specific risk, in cases when a single name credit linked note has an external rating and meets the conditions for a qualifying debt item referred to paragraph 7 of article 153, banks shall treat them as a single long position in the debt instrument (note). e) first-asset-to-default derivative shall be treated: i. for the specific risk, as a long position in each reference obligation of the credit derivative contract. If the size of the maximum payment in a credit event is lower than the capital requirement for the exposures created as above, the maximum payment amount may be taken as the capital requirement for the specific risk. ii. for the general risk, if according to the contract of the given instrument a premium and interests are due, these cash flows shall be treated as notional position in a risk-free debt instrument with interest rate and maturity equal to that of the contract. For the purposes of calculating capital requirement for specific risk, where a first-asset-to-default derivative contract has an external rating and meets the conditions for a qualifying debt item referred to paragraph 7 of article 153, banks shall treat them as a single long position in the debt instrument (note); f) n-th asset-to-default derivative shall be treated: i. for the specific position risk, a long position in each reference obligation of the credit derivative contract minus nth- 1 positions (the lowest initial capital requirement for specific position risk). If the size of the maximum payment in a credit event is lower than the capital requirement for the exposures created as above, the maximum payment amount may be taken as the capital requirement for the specific risk;
124 ii. for general risk, if according to the contract of the given instrument a premium and interests are due, the cash flows shall be treated as free risk debt instrument position, with interest rate and maturity equal to those in the contract. For purposes of calculating capital requirement for specific risk, where nth-assetto-default derivative contract has an external rating and meets the conditions for a qualifying debt item referred to paragraph 7 of article 153, banks shall treat them as a position in the debt instrument that reflect derivative rating. Article 149 Treatment of the protection buyer
125 b) the sensitivity of positions to interest-rate changes shall be assessed with reference to independent movements in sample rates across the yield curve, with at least one sensitivity point in each of the maturity bands set out in the maturity based approach (Table 22). 4. The bank shall comply with the conditions referred to in paragraph 3 of this article on an ongoing basis, starting from the day it obtained the permission from the Bank of Albania. 5. Banks shall apply for permission to use the sensitivity model and submit the following documentation: a) types of financial instruments to which the sensitivity model is to be applied; b) basic assumptions of the Sensitivity Model; c) compliance with the conditions set out in paragraph 3 of this article. 6. If the bank ceases to comply with the conditions based on which the Bank of Albania has provided its approval, it shall either present a plan for a timely return to compliance or demonstrate that the effect of non-compliance is immaterial to the use of the model 7. Bank of Albania may revoke the permission approved to use Sensitivity Model, in cases when: a) the bank fails to comply with the supervisory measures of the Bank of Albania aiming to eliminate irregularities, and b) the non-compliance of the bank with the conditions referred to in this Chapter is important to the use of the model. Article 151 Specific risk of trading book positions hedged by credit derivatives
109 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
126 b) a long cash position is hedged by a total rate of return swap and there is an exact match between the reference obligation and the exposure arising from the trading book (cash position). The exact match shall not refer to the maturity of the total return swap itself which may be different from that of the exposure arising from the trading book position. 4. Where the value of a long/short trading book position and a short/long position arising from a credit derivative always move in the opposite direction, but not to the same extent, banks shall reduce the initial capital requirement for specific risk, if the following conditions are met: a) there is an exact match in terms of the reference obligation, the maturity of both the reference obligation and the credit derivative and the currency of the exposure in the trading book; and b) the key features of the credit derivative contract (definition of a credit event, the settlement system) do not cause the market value of derivatives to materially deviate from the market value of the trading book position. 5. Where a transaction that meets the conditions set out in paragraph 4 of this article transfers risk, banks shall offset by 80% the capital requirement for specific risk, to the leg of the transaction with the higher risk weighting (for the specific risk), while the capital requirement for specific risk of the other leg shall be zero. 6. Where the values of long/short trading book positions and short/long positions arising from a credit derivative usually move in the opposite direction, banks may apply partial reductions of the initial capital requirement for specific risk, in the cases when: a) positions arising from the credit protection meet the conditions referred to in letter “b” of paragraph 4 of this article, but there is a mismatch between the reference obligation and the exposure arising from the trading book position. However, the positions must meet the following requirements: i. the reference obligation ranks pari passu with or is junior to the exposure arising from the trading book (the hedged exposure/obligation); and ii. the reference obligation and the exposure arising from the trading book position share the same reference (obligor) entity and have cross-default and crossacceleration default clauses; b) positions arising meet the conditions referred in paragraph 3, letter “a” or paragraph 4 of this article, but there is a currency or maturity mismatch between the credit protection and the trading book position; c) positions arising meet the conditions referred to paragraph 4 of this article, but there is a mismatch in the type of instrument between the trading book position (cash position) and the credit derivative (the exposure in the credit derivative documentation shall be defined as one of the possible deliverable obligations). 7. Banks, in the situations falling under paragraph 6 of this article, shall calculate the capital requirement for specific risk only for the side of the transaction (credit derivative or hedged position) to which the higher capital requirement for specific risk applies.
127 8. In all situations not falling under the above paragraphs of this article, banks shall calculate the capital requirement for specific risk for the credit derivative and the hedged position. Article 152 Position risk of debt securities
110 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 111 Amended the title of the article 153 by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 112 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 113 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
128 b) Debt securities issued or guaranteed by central governments, issued by central banks, international organisations, multilateral development banks or Member States' regional government or local authorities, which would qualify for credit quality step 2 or 3 under Chapter III of this regulation.
129 6. For securitisation exposures that would be subject to deducting elements in the calculating the regulatory capital, or risk-weighted at 1,250 % as set out in Chapter V of this regulation, shall be subject to a capital charge that is no less than that set out under those treatments. For liquidity facilities that are not subject to rating, banks shall assign a capital charge that is not less than that set out in subchapter IV of Chapter III of this regulation. 7. For the purposes of using Table 21, banks shall include in qualifying items the following positions: a) long and short positions in debt instruments qualifying for a credit quality step corresponding at least to investment grade as per the standardised method of credit risk; b) long and short positions in debt instruments for which a credit assessment by a nominated ECAI is not available and which meet the following conditions: i. they are considered by the bank to be sufficiently liquid; ii. according to the bank’s own discretion their investment quality is at least equivalent to that of the position referred to under letter “a” of this paragraph; and iii. they are listed on at least one regulated market in a Member State, in the Republic of Albania or on a stock exchange in a third country provided that the exchange is recognised by the competent authorities of the relevant Member State and of the Republic of Albania. c) long and short positions in debt instruments issued by other banks (institutions), which on bank’s own discretion are considered to be sufficiently liquid and their credit quality is at least equivalent to that of the debt securities under letter “a” of this paragraph; d) positions in securities issued by other banks (institutions) that are deemed to have an equivalent, or higher, credit quality than those associated with credit quality step 2 under Chapter III of this regulation, for exposures to institutions, and that are subject to supervisory and regulatory regime comparable to the regime that applies to banks. 8. 114Banks may calculate the specific risk requirements for any bonds that qualify for a 10% risk weight, in accordance with the treatment set out in article 26, paragraphs 3 and 4 of this regulation, as half of the applicable specific risk capital requirement for the second category in table 21. Article 153/1115 Own funds requirement for securitisation instruments
114 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 115 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
130 2. For securitisation positions that are subject to an additional risk weight in accordance with article 102, paragraph 6 of this regulation, 8% of the total risk weight shall be applied. 3. Except for securitisation positions treated in accordance with article 153/2, paragraph 4 of this regulation, the bank shall sum its risk weighted positions resulting from the application of paragraph 1 and 2 of this article, regardless of whether they are long or short, in order to calculate its capital requirement for specific risk. 4. Where an originator bank of a traditional securitisation does not meet the conditions for significant risk transfer, as set out in article 99 of this regulation, it shall include in the calculation of the capital requirement, the securitised exposures from this securitisation, as if these exposures have not been securitised. 5. Where an originator bank of a synthetic securitisation does not meet the conditions for significant risk transfer, as specified in article 100 of this regulation, it shall include in the calculation of the capital requirement the securitised exposures from this securitisation, as if these exposures have not been securitised, but not any credit protection obtained for the securitised portfolio. Article 153/2116 Capital requirement for the correlation trading portfolio
116 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
131 3. Banks may include in the correlation trading portfolio positions which are neither securitisation positions nor nth-to-default credit derivatives, but which hedge other positions of that portfolio, provided that a liquid two-way market as described in paragraph 1 of this article, exists for the instrument or its underlyings. 4. Banks shall determine the specific risk capital requirement for the correlation trading portfolio, as the larger of the following amounts: a) the total specific risk capital requirement that would apply just to the net long positions of the correlation trading portfolio; b) the total specific risk capital requirement that would apply just to the net short positions of the correlation trading portfolio. Article 154 Methods for the calculation of general risk of debt instrument
132 Table 22 Zone Maturity band Weighting Assumed change in interest rates (%). Coupon of 3% or more Coupon of less than 3% Zone 1 0 ≤ 1 month
1 ≤ 3 months 3 ≤ 6 months 6 ≤ 12 months 0 ≤ 1 month 1 ≤ 3 months 3 ≤ 6 months 6 ≤ 12 months 0% 0.2% 0.4% 0.7%
1% 1% 1% Zone 2
1 ≤ 2 years 2 ≤ 3 years 3 ≤ 4 years 1.0 ≤ 1.9 years 1.9 ≤ 2.8 years 2.8 ≤ 3.6 years 1.25% 1.75% 2.25% 0.9% 0.8% 0.75% Zone 3 4 ≤ 5 years 5 ≤ 7 years 7 ≤ 10 years 10 ≤ 15 years 15 ≤ 20 years 20 years 3.6 ≤ 4.3 years 4.3 ≤ 5.7 years 5.7 ≤ 7.3 years 7.3 ≤ 9.3 years 9.3 ≤ 10.6 years 10.6 ≤ 12.0 years 12.0 ≤ 20.0 years 20 years 2.75% 3.25% 3.75% 4.5% 5.25% 6% 8% 12.5% 0.75% 0.7% 0.65% 0.6% 0.6% 0.6% 0.6% 0.6% b) offsetting the net weighted positions as follows: i. referring to each maturity band concerned: match the long weighted position with the short weighted position for each maturity band (the weighted long or short position with the smaller value shall be the matched weighted position in that maturity band, while the difference between the long and short positions shall be the unmatched weighted long/short position for the same band); ii. referring to each zone: compute the unmatched weighted long and short positions for each zone, as the sum of all unmatched weighted short and long positions for all the maturity bands within each zone, and match the weighted long positions by the weighted short positions for each zone (the position with the smaller value shall be the matched weighted position in that zone, while the difference between two positions shall be the unmatched weighted position for that zone); iii. between zones: compute the amount of the unmatched weighted long (short) position in zone one which is matched by the unmatched weighted short (long) position in zone two, that shall be referred as the matched weighted position between zones 1 and 2 (the unmatched weighted position in zone two which is left over, matched by the unmatched weighted position in zone three, shall be the matched weighted position between zones 1 and 3).
133 Banks may reverse the order of the above calculations. Thus, they may start calculating the matched weighted position between zones two and three and then that position between zones one and two. The remainder of the unmatched weighted position in zone one shall then be matched with what remains of that for zone three after the latter's matching with zone two in order to derive the matched weighted position between zones one and three. The sum of all the unmatched weighted positions shall be the total weighted unmatched position; c) calculate the capital requirement for the general risk of debt securities as the sum of the following items: i. 10% of the matched weighted positions in all maturity bands; ii. 40% of the matched weighted position in zone one; iii.30% of the matched weighted position in zone two; iv. 30% of the matched weighted position in zone three; v. 40% of the matched weighted position between zones one and two and between zones two and three; vi. 150% of the matched weighted position between zones one and three; vii.100% of the total unmatched weighted position. Article 156 Duration-based Approach
134 r = yield to maturity; Ct = cash payment in time t; m = maturity; t = time; b) Allocate positions to the duration zones. Banks shall allocate each debt instrument to the appropriate zone specified in Table 23, on the basis of the modified duration of each instrument. Banks shall calculate the durationweighted position for each instrument by multiplying its market price by its modified duration and by the assumed interest-rate change Table 23 Zone Modified duration Assumed change in interest rates (in %) 1 > 0.0 ≤ 1.0 1.00 2 > 1.0 ≤ 3.6 0.85 3 > 3.6 0.70 c) Match positions within and between zones. With the purpose to calculate matched positions, Banks shall apply the procedures laid down for matched and unmatched weighted positions described in maturity method; d) Calculate the capital requirement for general risk as the sum of: i. 2 % of the matched duration-weighted position for each zone; ii. 40 % of the matched duration-weighted positions between zones one and two; iii. 40 % of the matched duration-weighted positions between zones two and three; iv. 150 % of the matched duration-weighted position between zones one and three; and v. 100 % of the residual unmatched duration-weighted positions. Article 156/1117 Correction to the modified duration to reflect prepayment risk
117 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
135 2. For the purposes of letter “a” of paragraph 1 of this article, banks shall apply the following formula to correct the Modified Duration and compute a Corrected Modified Duration (CMD): CMD = MD X Φ X Ω where: MD = modified duration, in accordance with article 156 of this regulation Φ = Ω = 1 + Δ + ΓdB + Ψ P = price of the bond with the embedded optionality B = theoretical price of the vanilla bond Δ = delta of the embedded option Γ = gama of the embedded option Ψ = additional factor (which is not considered in the calculation of Δ and Γ, and is material), for transaction costs and behavioural variables consistent with an Internal Rate of Return (IRR) shift of 100 basis points (b.p.) 3. For the purposes of letter “b” of paragraph 1 of this article, banks should apply the following formula to re-compute directly the CMD by repricing the instrument after a shift of 100 b.p. in the IRR: where: P0 = the current market price of the product; P Δr = theoretical price of the product after a negative and a positive IRR shock equal to Δr; Δr = hypothetical IRR change of 50 b.p. Ψ = additional factor (which is not considered in the calculation of P Δr, and is material), for transaction costs and behaviorual variabils consistent with a IRR shift of 100 b.p. 4. The computation of the additional factor Ψ need only to be considered if the factor is material and should never lead to a shorter CMD than if it had not been considered in the calculation. 5. For the purposes of assessing the additional factor Ψ in accordance with paragraph 3 of this article, banks should take into account all of the following: a) that transaction costs reduce the value of the option, making the option unlikely to be executed below the threshold established by the transaction costs;
136 b) that there are behavioural factors suggesting that some clients, in particular retail clients, may not always exercise an option, despite it being in the money, due to some known circumstances including the following: i. where the remaining principal is close to the initial amount lent, leading some “aggressive” borrowers to leave or refinance at an early stage; ii. in the case of borrowers with the largest loan size who have the largest gain from prepayment as the cost attached to prepayment is a fixed amount. 6. The assessment of the additional factor Ψ should be based on historical data, obtained from the banks’ own experience or from external sources. Data on the behavioural factors referred to in paragraph 5, letter “b” of this article, may be obtained from the assessment of other balance sheet elements subject to prepayment risk, such as those observed for retail clients in the non-trading book. 7. Banks should calibrate the additional factor Ψ by assessing significant divergences between the real behaviour historically observed for a type of client and the theoretical behaviour that would have been envisaged for counterparties acting in a purely rational way. 8. The calibration of the additional factor Ψ, due to behavioural factors referred to in paragraph 7 of this article, should be made where a relevant amount of these instruments with prepayment risk are held in the trading book and especially where the counterparties are retail clients. Additional factors should not be considered for the embedded options where the bank has the right to call for an early termination of the instrument. Article 157 General provisions for positions in equity securities
118 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 119 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
137 Article 158 Specific risk of equity securities
120 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 121 Repealed by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
138 Such stock-index futures shall be included in the calculation of the overall net position in according to paragraph 3 of article 157, but shall be disregarded in the calculation of the overall gross position according to paragraph 2 of article 157. 6. In the case a stock-index future contract is not broken down into its underlying positions, banks shall treat it as if it were an individual equity. The specific risk on this individual equity can be ignored if the stock-index future in question is exchange traded and represents a broadly diversified index. Article 161 Position risk for investment units in collective investment undertakings (CIU)
122 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 123 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 124 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 125 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
139 d) investments of the collective investment undertakings126 shall be segregated from the assets of the relevant CIU’s manager; and e) the investing banks shall undertake adequate risk assessment of the collective investment undertakings; f) 127CIUs shall be managed by persons supervised in accordance with law no. 56/2020 “On collective investment undertakings” or equivalent legislation. 5. Upon the approval by the Bank of Albania, banks may recognise as eligible for the specific treatment set out in paragraph 6 of this Article, the units in collective investment undertakings (CIUs) in third countries, if the conditions set in letters “a” to “e” of paragraph 4 of this article are met. 6. Banks may choose between 3 specific methods, based on the nature of tradable units in collective investment undertakings (CIU) and the available information, regarding the investments done by the collective investment undertakings (CIUs) in accordance with its mandate, as laid down below. a) Method 1. Banks which are aware of the underlying investment structure of the collective investment undertaking on a daily basis, may, for the purposes of calculating the initial capital requirement for position risks (specific and general), shall treat units in collective investment undertakings as positions in underlying investments of the collective investment undertaking and include them in the calculation of the capital requirement for position risks (specific and general), according to the type of instrument (debt or equity securities). For the purposes of calculating the capital requirement for position risk (specific and general), netting is permitted between positions in the underlying investments of the collective investment undertaking and the same trading book positions held by the bank, as long as the bank holds a sufficient quantity of units to allow for redemption/creation in exchange for the underlying investments. b) Method 2. For the purposes of calculating the initial capital requirement for position risk (specific and general), banks may treat units in collective investment undertakings (CIUs) as positions in a particular stock index or basket of equities or debt securities and include them in the calculation of the capital requirement for position risks (specific and general) according to the type of instrument (debt or equity securities), only if the following conditions are met: i. the purpose of the collective investment undertaking's mandate is to replicate the composition and performance of a particular stock index or fixed basket of equities or debt securities; ii. the correlation between the daily price movements of the units in collective investment undertakings and the stock index or fixed basket of equities or debt securities shall be at least 0.9 over a minimum period of six months (for the purposes of this item, “correlation” means the correlation coefficient between daily returns on the unit in the collective investment undertaking and the stock index or fixed basket of equities or debt securities it tracks).
126 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania. 127 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
140 c) Method 3. Where banks are not aware of the above underlying investments on a daily basis, they may calculate the capital requirement for position risk (general and specific) according to the type of instrument (debt or equity securities), subject to the following conditions: i. it will be assumed that the collective investment undertakings (CIU) first invests to the maximum extent allowed under its mandate in the asset classes attracting the highest capital requirement for position risk (general and specific), and then continues making investments in descending order until the maximum total investment limit is reached. The position in the units of the collective investment undertakings (CIUs) will be treated as a direct holding in the assumed position; ii. Banks shall take account of the maximum indirect exposure that they could achieve by taking leveraged positions in the collective investment undertakings (CIUs) when calculating their capital requirement for position risk, by proportionally increasing the position in the collective investment undertakings (CIUs) up to the maximum exposure to the underlying investment items resulting from its mandate; and Should the capital requirement for position risk (general and specific) exceed the limit laid down paragraph 1 and/or 2 of this article, banks shall limit/reduce the capital requirement to that level. 7. 128Banks may rely on the following third parties to calculate and report capital requirements for position risk (general and specific), for positions in collective investment undertakings (CIUs) in accordance with the methods set out in paragraph 6 of this article: a) the depository of the CIU, provided that the CIU exclusively invests in securities and deposits all securities at this depository; and b) for other CIUs, the CIU management company, provided that the CIU management company meets the criteria set out in paragraph 4, letter “a” of article 28 of this regulation. The correctness of the calculation shall be confirmed by an external auditor. Article 162 Settlement risk
128 Amended by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
141 b) in case of transactions not settled on a DVP basis, where cash is paid before the underlying is delivered, or the underlying is delivered before cash is paid (“nonDVP” or “free delivery” transactions), the loss is the fair value of the financial instruments, currencies or commodities transferred to the counterparty for which payment is not received, or the cash paid without delivery of the underlying. 3. Banks shall calculate capital requirements as set out in articles 163 and 164, for risks in relation to all unsettled transactions in financial instruments (including derivatives), currencies and commodities. 4. Banks shall not calculate capital requirements for repurchase and reverse-repurchase agreements, and securities or commodities, lending or borrowing transactions, and derivative contracts not involving the exchange of capital. 5. In the event of system-wide failure of a settlement or clearing system, the Bank of Albania may temporarily wave, in part or in full, the application of capital requirements to unsettled transactions until the situation is rectified. In such circumstances, the failure of counterparty to settle a trade shall not be deemed a default, for the purposes of credit risk. Article 163 Settlement risk for DVP transactions Banks shall calculate capital requirement by applying weighting factors, in different time bands, as set out in the Table on difference, where it is positive (entails a loss for the bank), between the agreed settlement price and the fair value of the financial instruments, currencies or commodities to be received or delivered. Table 24 Number of working days after settlement date Weighting factors From day 5 - 15 8 From day 16 - 30 50 From day 31 - 45 75 From day 46 on 100 Article 164 Settlement risk for non DVP transactions
142 3. Banks that have made payment or delivery and have not received the deliverable or payment from the counterparty by the fourth business day after the agreed delivery date129 must deduct from the regulatory capital the larger between the amount transferred and the fair value of the underlying receivable instrument, or between the cash receivable and the fair value of the transferred deliverable, as set out in the regulation on regulatory capital. Article 165 Concentration risk in trading portfolio
129 The "second date" in a non-DVP transactions.
143 c) classify the risk positions in the trading book for borrowers for which an excess to the maximal allowed limit is found as per letter “b” of this paragraph, in order to identify the riskiest, to which the excess exposure shall be attributed; Banks shall order the positions in the trading book starting with those subject to capital requirements for specific risk and subsequently including those subject to capital requirements for settlement and counterparty risk. In each risk profile, banks shall allocate the capital requirements for the excess/es beginning with the component with the largest capital requirement; d) sum the positions thus ordered until they reach the value of the amount in excess as determined under letter “b” of this paragraph; e) where no more than 10 days have passed since the limit was exceeded, the additional capital requirement shall be equal to twice that required for specific risk, settlement risk and counterparty risk for the positions identified as in “d” of this paragraph; f) where more than 10 days have passed since the limit was exceeded, the additional capital requirement shall be calculated by: i. summing the positions identified as in letter “d” of this paragraph in the intervals given in Table 25, column 2, beginning with the position with the smallest capital requirement, until the upper limit of each interval is reached; ii. multiplying the capital requirements for the positions thus classified by the corresponding percentages given in Table 25, column 3; iii. summing the result of the product of capital requirements and the related percentages. Table 25 Risk Position (in % to the regulatory capital) Amount in excess to the maximal allowed limit (in % to the regulatory capital) Weighting Column 1 Column 2 Column 3 From 20% - 40% From 40%-60% From 60%-80% From 80% to 100% From 110% to 250% More than 250% From 0% to 20% From 20% to 40% From 40% to 60% From 60% to 80% From 80% to 230% More than 230% 200% 300% 400% 500% 600% 900% Article 167 Treatment of position from securities underwriting
144 3. Banks shall reduce the obtained net position as set out in paragraph 2 of this Article, by the reduction factors in Table below: Table 26 Working day Reduction factor (%) Working day 0*: 100 Working day 1: 90 Working day 2 to 3 75 Working day 4: 50 Working day 5: 25 After working day 5 0% *Working day zero, shall be the working day on which the bank becomes unconditionally committed to accepting a known quantity of securities at an agreed price. 3/1. 130The bank shall notify to the Bank of Albania on the use of the factors provisioned in paragraph 3 of this article. 4. Banks shall include the reduced net positions in the calculation of capital requirements in accordance with requirements set in the position risk for debt instruments and position risk for equities. 5. Banks shall ensure sufficient capital against the risk of loss which exists between the time of the initial commitment and “working day 1”. Article 168 Positions in commodities
130 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
145 6. Banks shall consider as “positions in the same commodity” the following positions: a) positions in different sub-categories of commodities in cases where the subcategories are deliverable against each other; and b) positions in similar commodities if they are close substitutes and if a minimum correlation of 0,9 between price movements can be clearly established over a minimum period of one year. Article 169 Treatment of commodity derivatives and other instruments
146 Article 171 Simplified Approach
1 ≤ 3 months 1.5 % 3 ≤ 6 months 1.5 % 6 ≤ 12 months 1.5 % 1 ≤ 2 years 1.5 % 2 ≤ 3 years 1.5 % 3 years 1.5 %
147 5. Banks shall calculate the sum of the long positions and the sum of the short positions in each maturity band. The sum of the long/short positions which are matched by the sum of short/long positions in a given maturity band shall be the matched positions in that band, while the residual long or short position shall be the unmatched position for the same band. 6. The amount of the unmatched long /short position for a given maturity band that is matched by the unmatched short /long position for a maturity band further out shall be the matched position between two maturity bands. The residual amount shall be the (long or short) unmatched between the two maturity bands. 7. Banks shall calculate the capital requirement for each commodity as the sum of the following: a) the sum of absolute amounts of the matched (long or short) positions within a maturity band multiplied by the spread rate specified in Table 27 and by the spot price for that commodity; b) the absolute amount of the unmatched position in one maturity band or between two maturity bands which is carried forward in the following maturity band, multiplied by 0.6 % carry rate, and the spot price for the commodity; c) the residual unmatched position, multiplied by 15% (outright rate) and by the spot price for that commodity. 8. Banks shall calculate the initial capital requirement for the commodity risk, as the sum of the capital requirement for each commodity, calculated as set out in paragraph 7 of this article. Article 173 Capital requirement for foreign exchange risk If the total net open position of the bank 131and the net open position of gold, defined according to regulation “On the management of open foreign exchange position” is higher than 2 % of the regulatory capital, the bank shall multiply by 8% the value of this position to calculate capital requirement for the foreign exchange risk. Article 174 Positions in foreign currencies in collective investment undertakings, as part in the calculation of the bank's net overall foreign currency position
131 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
148 b) other CIUs positions. 2. For CIUs positions referred to in paragraph 1 “a” of this article, banks shall consider the book value of the foreign-currency assets that make up the CIU, in proportion to the relative weight of each asset in the total investments of the CIU. The resulting foreign currency positions shall be included in the calculation of the net foreign currency position for each currency. 3. For the positions referred to in paragraph 1 “b” of this article, (banks are not aware of the CIUs foreign currency positions), banks shall assume that it is invested up to the maximum extent allowed under the CIUs mandate in foreign exchange.
132 Added by the Decision No. 44, dated 2.11.2022 of the Supervisory Council of the Bank of Albania.
149 Article 176 Simplified Approach
150 Article 178 Specific risk by the Delta Plus Approach Banks shall calculate the capital requirement for specific risk separately for each option by multiplying the delta equivalent value of each option by the risk weights for specific risk, set out in article 153 for debt instrument, article 158 for equity instruments and article 161 for investment in CIU. Article 179 General risk by the Delta Plus Approach
151 Gamma risk= 1/2 gamma * N * (variation of underlying instrument)2 , where N is the number of the underlying instruments of the option. 4. Banks shall determine the variation of the underlying instrument in the same way as for calculating the general risk, as laid down following: a) for options on equities and stock indices, it shall be equal to 8% of the market value of the underlying instrument; b) for options on interest rates, if the underlying instrument is a debt security the market value of the underlying instrument shall be multiplied by the weighting factor specified in Table 21 or by the interest-rate change as defined in Table 22 (depending on the chosen method). In case the underlying instrument is the interest rate, the variation of the underlying instrument shall be the variation of interest rates as per Table 21; c) for foreign exchange options, it shall be equal to 8% of the exchange rate for the currency pair concerned; d) for commodities it shall be equal to 15% of the market value of the concerned commodity; e) for options on CIU positions, the market value of the underlying instrument shall be multiplied by 32%, where the residual method is used to calculate the capital requirement for position risk in CIUs. 5. Banks shall calculate the vega risk for each individual option as: Vega risk = Vega * N * volatility of underlying instrument/4, where is the number of the underlying instruments. 6. Each option of the same underlying instrument may have a negative or positive effect on the gamma factor. Banks shall sum up these individual effects, which have a positive or negative net effect on the gamma of each underlying instrument. For the purposes of calculating the capital requirement, only the negative impact on gamma shall be taken into account. Article 181 Capital requirement as per the Delta Plus Approach
152 CHAPTER VIII OPERATIONAL RISK SUBCHAPTER I BASIC INDICATOR APPROACH Article 182 Capital requirement Banks shall calculate the capital requirement for operational risk under the Basic Indicator Approach, which takes into account the net income from banking activities for the last three years of the bank’s activity, and an α coefficient equal to 15%. Article 183 The indicator of net income from banking activities
153 a) Extraordinary income; b) Income from insurance; c) Income from participating interests in subsidiaries or other related parties; d) profits/losses from the sale of non-trading book items. 3. In case when full data are not available for the three years (in cases of banks with not more than one year of activity) banks shall use the data estimated in their business plans. 4. Banks shall use the following formula to calculate capital requirements for operational risk: Capital requirement for operational risk = {(Net Income indicator of T-1) * (15%) + (Net Income indicator of T-2) * (15%) + (Net Income indicator of T-3) * (15%)} / 3 With the condition that: • The Net Income indicator of year T -1 > 0; and • The Net Income indicator of year T -2 > 0; and • The Net Income indicator of year T -3 > 0; and T is considered the reporting year. SUBCHAPTER II STANDARDISED APPROACH Article 185 Capital requirement
154 Table 30 Business Lines, Activities and respective coefficient ß No. Business lines Business list Coefficient ß
Treasury operations • Dealing on own account; • Mediation in interbanking markets; • Securitization on own account; • Receiving and transmission of orders in relation to one or more financial instruments; • Execution of orders on behalf of clients; • Placing of financial instruments without an irrevocable commitment basis; • Management of a (Multilateral Trading Facilities). 18% 3. Retail brokerage • Receiving and transmission of orders in relation to one or more financial instruments; • Execution of orders on behalf of clients; • Placing of financial instruments without a firm commitment basis. 12% 4. Banking and financial activity • Acceptance of deposits and other repayable funds; • lending; • Financial leasing and factoring; • Exports and trade funding. • offering guarantees and receiving commitments; • operations with foreign currencies. 15% 5. Retail banking • Acceptance of deposits and other repayable funds; • Lending; • Financial leasing and factoring; • Offering guarantees and receiving commitments. • Operations with foreign currencies. 12% 6. Payments and settlements • Services and the payment, transfer and clearing systems (SWIFT, AECH, MasterCard, Visa, Amex, e-banking, etc); • Issuing and administering means of payment. 18% 7. Agency services • Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cash/collateral management. 15% 8. Asset management • Portfolio management; • Managing of undertakings for collective investment in transferable securities (Managing of UCITS); • Other forms of asset management. 12%
155 3. Upon the authorisation granted by the Bank of Albania, a bank may calculate its capital requirement for operational risk using an alternative standardised approach, as set out in subchapter III of this Chapter. Article 186 Principles for Business Line Mapping Banks must develop specific policies and criteria for mapping the relevant indicator for current business lines and activities into the standardised framework. The criteria must be reviewed and adjusted as appropriate for new or changing activities and risks undertaken by the bank133 . SUBCHAPTER III ALTERNATIVE INDICATORS FOR CERTAIN BUSINESS LINES Article 187 Modalities
133 The principles for categorizing business lines are determined in Annex 5 of the Regulation No. 3 dated 19.01.2011 “On the Management of Operational Risk”.
156 Article 188 Qualifying criteria
157 CHAPTER IX BANKS' ASSESSMENT PROCESS Article 189 General requirements
134 Internal Capital Adequacy Assessment Process.
158 2. The banks shall argument and document its decisions related to whether it shall take into consideration the specific risks and assumptions used in the internal assessment process on capital adequacy. 3. The banks shall draft and implement appropriate methodologies for risk measurement or assessment, aiming at the designing of specific measures or risk assessments. 4. Methodologies for risk measurement or assessment shall be appropriate if they include: a) the using of methods for calculating capital requirements in accordance with the requirements of this regulation; b) internal documented methodologies of the bank; and/or c) other methodologies, suitable for the risk measurement or assessment. 5. If the bank realizes that the measure or assessment of a specific risk mentioned in the paragraph 1 of this article does not reflect the actual exposure of the bank to that risk, it may adjust the assessment with an upward or downward assessment. 6. The bank shall argument and document the use of individual methods used for the risk measurement or assessment, the unquantifiable risk assessments, and the adjustments to the risk assessments mentioned in paragraph 5 of this article. 7. The bank shall determine the overall risk position, based on the measurement or assessment of individual risks. 8. The bank shall determine the appropriate internal methodology for determining the overall risk position/profile. 9. The internal methodology for determining the overall risk position/profile shall be considered appropriate if it may enable a set of comparable risk measures or assessments, and where possible, an adjustment of the overall risk profile. Article 192 Ensuring adequate capital coverage of the risk profile
159 2. The bank shall ensure that the total capital to cover risk is in compliance with its capacity to undertake risks at any time. The total capital for risk coverage may differ from the total amount of capital determined in article 7 of this regulation. 3. In case when the total capital for risk coverage is lower than the total amount of capital determined in article 7 of this regulation, the bank shall inject capital (or submit to the Bank of Albania a capital raising plan), up to the amount calculating as per the requirements of this regulation. 4. The bank ensures an internal assessment of the capital adequacy and its distribution at least once a year, and every important change of the exposure towards risks. Article 194 Integration of the internal assessment process on capital adequacy in the risk/s management systems The bank shall ensure the integration of the internal assessment process on capital adequacy in the risk/s management systems, based on the usage of the results of this process in the monitoring of the decisions on its activity, of the decisions related to risk/s management, and of the decisions related to the internal distribution of the internal capital, assessed as adequate to cover risk/s. CHAPTER X SUPERVISION AND DISCLOSURE BY BANKS Article 195 Supervision
160 Article 196 Disclosure by banks Banks, for the purposes of meeting the requirements of this regulation, shall publicly disclose the information laid down in the regulation “On minimum requirements of disclosing information by banks and foreign bank branches”. CHAPTER XI FINAL PROVISIONS Article 197 Reporting requirements Banks shall report the data on Capital Adequacy Ratio to the Bank of Albania in accordance with the Unified Reporting System. Article 198 Supervisory and corrective measures The Bank of Albania, in case of non-compliance with the obligations laid down in this regulation, shall implement the supervisory and/or penalising measures stipulated in the Law on Banks. Article 198/1135 Temporary provision
135 Added by the Circulating Decision No. 22, dated 1.4.2020 of the Supervisory Council of the Bank of Albania. 136 Added by the Circulating Decision No. 22, dated 1.4.2020 of the Supervisory Council of the Bank of Albania and numbered by the Circulating Decision No. 54, dated 9.11.2021 of the Supervisory Council of the Bank of Albania. 137 Added by the Circulating Decision No. 54, dated 9.11.2021 of the Supervisory Council of the Bank of Albania.
161 3. 138 Exceptionally from the definition of article 14, paragraph 1 of this regulation, banks shall weight by 0% the exposures in the form of loans in foreign currency, granted during 2021 to “Operatori i Shpërndarjes së Energjisë Elektrike Sh.A.”, fully guaranteed by the Albanian Government. 4. 139 The provisions provided in paragraphs 2 and 3 of this article shall apply until the maturity of these exposures. Article 199 Final provision The attached annexes are an integral part of this regulation. CHAIRMAN OF THE SUPERVISORY COUNCIL ARDIAN FULLANI
138 Added by the Circulating Decision No. 54, dated 9.11.2021 of the Supervisory Council of the Bank of Albania. 139 Added by the Circulating Decision No. 54, dated 9.11.2021 of the Supervisory Council of the Bank of Albania.
162 ANNEX 1 MINIMUM REQUIREMENTS FOR THE RECOGNITION AND VALUATION OF THE IMMOVABLE PROPERTY COLLATERAL Part 1 Minimum requirements for the recognition of the immovable property collateral
163 d) Insurance: i. Banks shall draft and approve procedures to properly monitor the insurance from damages of the immovable property taken as protection for the loan. Part 2 Minimum requirements for the valuation of immovable properties
164 140ANNEX 2 CLASSIFICATION OF OFF-BALANCE SHEET ITEMS Off -balance sheet items are classified as: High risk items, which comprise: a) Guarantees having the character of credit substitutes (with bank’s funds), where are included letter of credit, approved guarantee with a credit line, etc.; b) Credit derivatives (Forwards or Options); c) Acceptances, which are elements of guarantee form, where the bank does not release funds, but guarantee a future payment or financing as defined in the respective agreement; d) Cheques, endorsements on bills not bearing the name of another bank; e) Transactions with recourse, which predict the right to ask the obligation repayment, including factoring, invoice discount facilities, etc.; f) Irrevocable standby letters of credit having the character of credit substitutes; g) Assets purchased under outright Forward purchase agreements; h) Forward deposits, which represent the physical deposit of predicted funds on a define date in the future according to the respective contract/s; i) The unpaid portion of partly-paid shares and securities; j) Asset sale and repurchase agreements as referred to in the law/regulation on REPO; k) Other high risk items, as classified by the bank itself and evaluated by the Bank of Albania. Medium risk items, which comprise: a) Trade finance off-balance sheet items, namely documentary credits issued and confirmed; b) Other off-balance sheet items: i. shipping guarantees, customs and tax bonds (guarantees), where the guarantee serves to ensure payment of customs and tax liabilities; ii. undrawn credit facilities, which represent agreements to lend, to purchase securities, to provide guarantees or acceptance facilities with an original maturity of more than one year; iii. note issuance facilities (NIFs) which represent agreements between several banks to buy any short or long-term note issuance that the borrower is not able to sell in the Eurozone market, as well as the revolving underwriting facilities (RUFs), which represent a form of the revolving credit, where a group of banks agree to grant credit in cases where a borrower is unable to sell in the Eurozone market; iv. other medium risk items, classified by the bank and assessed by the Bank of Albania.
140 Amended by the Decision No. 7, dated 5.2.2020 of the Supervisory Council of the Bank of Albania.
165 Low risk items, which comprise: a) trade finance off-balance sheet items: i. documentary credits in which underlying shipment or the commodity acts as collateral and other self-liquidating transactions; ii. warranties including mainly tender and performance bonds (guarantees) and associated advance payment and retention guarantees and guarantees not having the character of credit substitutes; iii. irrevocable standby letters of credit not having the character of credit substitutes; b) other off-balance sheet items: i) undrawn credit facilities which represent loan agreements, purchase securities, provide guarantees or acceptance facilities with an original maturity of up to and including one year, which may not be cancelled unconditionally at any time without notice, or that do not effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness; ii) other low risk items, as classified by the bank itself and evaluated by Bank of Albania. Risk-free items, which comprise: a) undrawn credit facilities which represent loan agreements, purchase securities, provide guarantees or acceptance facilities which may be cancelled unconditionally at any time without notice, or that do effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness. Retail credit lines may be considered as unconditionally cancellable, if the terms and conditions permit the bank to cancel them to the full extent allowable under consumer protection legislation and sublegal acts related to it; b) undrawn credit facilities for tenders and performance guarantees, which may be cancelled unconditionally at any time without notice, or that do effectively provide for automatic cancellation due to deterioration in a borrower's creditworthiness; c) other risk-free items classified by the bank itself and evaluated by Bank of Albania.
166 ANNEX 3 TECHNICAL CRITERIA CONCERNING THE ORGANISATION AND TREATMENT OF RISKS RESPONSIBLE AND EFFECTIVE GOVERNANCE/MANAGEMENT OF THE BANK
141 Law No. 9662, dated 18.12.2006 “On Banks in the Republic of Albania”; 142 Regulation No. 24, dated 26.03.2008 “On the internal control systems of banks and branches of foreign banks” and Regulation No. 63, dated 14. 11. 2012 “On basic management principles of banks and branches of foreign banks and criteria for the approval of their administrators”.
167 CONCENTRATION RISK
143 Regulation No. 3 dated 19.01.2011” On the Operational Risk Management” and its annexes. 144 Regulation No. 71, dated 14.10.2009” On the Operational Risk Management” and its annexes.
168 2. The bank shall ensure that the system of liquidity risk management, quantitatively and qualitatively, is consistent with the bank's size, typology and level of exposure to liquidity risk. 3. The bank shall develop methodologies for identifying, measuring, managing and monitoring of funding positions. These methodologies should include actual data and the expected cash flows arising from assets, liabilities, off-balance items (commitments), including available emergency funds (potential) and the possible impact of reputational risk. 4. The bank shall distinguish between pledged assets (to be invested / allocated / etc.) and to which there is no legation, which are available at any time, especially during emergency situations. The bank shall also consider the person to whom such assets belong, the country in which the asset is legally registered - in a register or account, whether they are acceptable or not as liquid assets and monitor them (the assets) in order to be able to mobilize them at any time. 5. The bank shall consider the legal and regulatory restrictions in force and real opportunities to transfer liquidity and assets to which there is no contention between the banks / parties. 6. The bank shall provide various techniques to mitigate liquidity risk, including a system of limits and liquidity needs coverage so that it (the bank) is able to withstand stress situations and an efficient and diversified funding structure in order to have access to funding sources, which are reviewed on a regular periodic basis. 7. The bank shall manage liquidity not only in normal terms /circumstances, but prepare for its administration also in emergency circumstances. In the latter function, the bank shall perform periodically stress tests, to identify and measure its exposure to liquidity risk, as in normal conditions / situations of daily activity, or in unusual situations. 8. The bank develops a contingency plan for liquidity risk management in extraordinary conditions, which is part of the risk management system and contains at least the elements defined in the regulatory framework of the Bank of Albania for liquidity risk management145 .
145 Regulation No.71, dated 14.10.2009 “On liquidity risk management” and its annexes.
169 ANNEX 4 TYPES OF DERIVATIVES
170 d) options, futures, Swaps, forwards and any other derivative contracts relating to commodities that can physically settled not otherwise mentioned in letter c of this paragraph, and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regard to whether they are cleared and settled through recognised clearing houses or are subjects to regular margin calls (carried out by brokers/dealers when the accounts fall below the limit of the marginal requirements); e) financial contracts for differences; f) options, futures, swaps, forwards and any other derivative contracts relating to climatic variables, interest rates for the transport of commodities, emission allowances, inflation rates or other economic statistics that must be settled in cash, or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Article, which have the characteristics of other derivative financial instruments, having regard to whether they are traded on a regulated market or a multilateral trading facility, are cleared and settled through recognized clearing houses or are subject to regular margin calls.
171 ANNEX 5 TECHNICAL CRITERIA ON REVIEW AND EVALUATION BY THE BANK OF ALBANIA
172 ANNEX 6 CRITERIA AND DOCUMNETATION FOR THE RECOGNITION OF ECAIs A. General Information
173 Independence of the methodology
174 Transparency of credit assessments
175 ANNEX 7146 REPORTING TEMPLATES ON CAPITAL ADEQUACY (COREP) AND METHODOLOGY GUIDELINES
146 Added by the Decision No. 43, dated 30.07.2014 and amended by the Decision No. 36, dated 2.8.2023 of the Supervisory Council of the Bank of Albania.
176 Form CAR: Capital Adequacy Ratio 010 REGULATORY CAPITAL 020 CAR (%) 030 TOTAL RISK-WEIGHTED EXPOSURES I CREDIT RISK 040 1. Risk weighted exposures for credit, counterparty, and nonDVP settlement risk - Standardized Approach (SA) 050 1.1 Exposure classes under SA excluding securitisation positions 060 1.1.1 Exposures or contingent exposures to central governments or central banks 070 1.1.2 Exposures or contingent exposures to regional governments or local authorities 080 1.1.3 Exposures or contingent exposures to public sector entities 090 1.1.4 Exposures or contingent exposures to multilateral development banks 100 1.1.5 Exposures or contingent exposures to international organizations 110 1.1.6 Exposures or contingent exposures to supervised institutions 120 1.1.7 Exposures or contingent exposures to corporates 130 1.1.8 Exposures or contingent exposures to retail portfolios 140 1.1.9 Exposures or contingent exposures secured by realestate property 150 1.1.10 Past due items 160 1.1.11 Exposures to high-risk categories 170 1.1.12 Exposures in the form of covered bonds 180 1.1.13 Exposures in the form of collective investment undertakings "CIU" 190 1.1.14 Other items 191 1.1.15 Exposures to supervised institutions and corporates with a short-term credit assessment 192 1.1.16 Equity exposures 200 1.2 SA securitisation positions 200* 1.2* of which: re-securitisation 205 4 ERBA securitisation positions 205* 4* of which: re-securitisation II MARKET RISK 210 2. Risk weighted exposure for market risk 220 2.1 Risk weighted exposure for settlement risk 230 2.1.1 Settlement risk in the banking book 240 2.1.2 Settlement risk in the trading book 250 2.2 Risk weighted exposure for position, foreign exchange and commodity risk (SA) 260 2.2.1 Position risk of debt securities 270 2.2.2 Position risk of equities 280 2.2.3 Foreign exchange risk 290 2.2.4 Commodity investment risk 300 2.3 Risk weighted exposure for concentration risk in the trading book III OPERATIONAL RISK 310 3. Risk weighted exposure for operational risk 320 3.1 Basic Indicator Approach (BIA) 330 3.2 Standardised Approach / Alternative Standardised Approach
177 Form CR SA Credit, counterparty, and non-DVP transaction settlement risk Exposure class ________________ Nominated ECAI ________________ 010 020 030 040 050 060 070 080 090 100 110=040-090+100 120 130 140 150 = 110 + 120 - 130 160 170 180 190 200=150-160- 0,8170-0,5180 210 220 230 240 250 260 010 Total exposures 011 Of which: SME exposures 012 Of which: SME exposures treated with supporting factors 013 014 020 Balance sheet items subject to credit risk 030 Off-balance sheet items subject to credit risk Exposures/transactions subject to counterparty risk 040 Securities funding transactions 050 060 Derivatives and long settlement transactions 070 080 090 0% 100 10% 110 20% 120 35% 130 50% 140 75% 150 85% 160 100% 170 125% 180 150% 190 200% 195 250% 200 1250% 210 Other risk weights 220 Look-through approach 230 Mandate-based approach 240 "Fall-back" approach 250 Breakdown by type of exposure (-) the adjusted amount of riskweighted exposures resulting from the SME supporting factor Of which: with a credit assessment by a nominated ECAI Of which: with a credit assessment derived from central government (-) Guarantees (-) Credit derivatives (-) Financial collateral: Simple Method (-) Other funded credit protection (-) Total outflows Total inflows (+) of which: (-) Volatility and maturity adjustments (-) Financial Collateral: adjusted value (Cvam) 0% Of which: related to counterparty credit risk Fully adjusted exposure value (E*) Breakdown of the fully adjusted exposure value of off-balance sheet items by conversion factors Original exposure pre conversion factors 50% Exposure net of value adjustments and provisions Risk weighted exposure amount, pre SME supporting factor Risk weighted exposure amount, after SME supporting factor Breakdown of total exposures according to the CIU method Breakdown of total exposures by weighting (-) Value adjustme nts and provision s associate d with the original exposure 20% Credit risk mitigation techniques with substitution effects on the exposure Unfunded Credit Protection: Adjusted Value (Ga) Funded credit protection Substitution of the exposure due to CRM Volatility adjustment to the exposure Net exposure after CRM substitution effects pre conversion factors 100% Credit risk mitigation techniques affecting the amount of the exposure: Funded credit protection. Financial Collateral Comprehensive Method Exposure value
178 Form CR SEC SA Securitization Type of securitization: ________________ Nominated ECAI: ________________ Securitisation positions (-) Total outflows Adjusted value of unfunded credit protection (G*) (-) Total outflows Total inflows Risk weight =< 20% Risk weight
20% - 50% Risk weight 50% - 100% Risk weight 100% - 1250% Risk weight 1250% (W unknown) Risk weight 1250% (Other) 010 020 030 040 050 060 070=050-060 080 090 100 110 120 130 140 150 160 170 180 190 200=180-190 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 010 Total exposures 020 Securitization positions 030 Re-securitization positions 040 Originator: Total exposures 050 Securitization positions: Balance sheet items 060 Securitization positions: Off-balance sheet items and derivatives 070 Re-securitization positions 080 Investor: Total exposures 090 Securitization positions: Balance sheet items 0100 Securitization positions: Off-balance sheet items and derivatives 0110 Re-securitization positions 0120 Sponsor: Total exposures 0130 Securitization positions: Balance sheet items 0140 Securitization positions: Off-balance sheet items and derivatives 0150 Re-securitization positions The notional amount retained or repurchased of the credit protection Original exposure pre conversion factors (-) Unfunded Credit Protection: Adjusted Value (Ga) (-) Funded credit protection Memorandum items: total risk-weighted exposure amount corresponding to outflows from securitizations to other exposure classes (-) Exposure value that is deducted from the regulatory capital SEC-SA Approach Of which: synthetic securitization Exposure value Breakdown of exposures subject to risk weights, by risk weights Risk-weighted exposure amount for other cases (risk weight 1250%) Risk-weighted exposure amount SECSA method Total riskweighted exposure amount Risk-weighted exposure amount before applying the risk weight cap (-) Reductions due to risk weight cap (-) Reductions due to capital requirement cap Total amount of securitized exposures originated Synthetic Securitization: Credit protection to the securitized exposures (-) Value adjustments and provisions Net value of exposures (after value adjustments and provisions) Adjustments of the exposure amount when the bank does not meet the requirements provided for in sub-chapter III of chapter V of the regulation (-)Specific credit risk adjustments on underlying exposures Credit risk mitigation techniques (CRM) with substitution effect on the exposure Substitution of exposures due to CRM Exposure value subject to risk weights (-) Nonrefundable purchase price discount Net exposure after substitution effect as a result of CRM, pre conversion factors (-) Credit risk mitigation techniques affecting exposure value: funded credit protection, under the financial collateral Fully adjusted exposure value (E*) of which: subject to a conversion factor of 0% Adjustments to the riskweighted exposure amount due to maturity mismatches (-) Funded credit protection (Cva)
179 Form CR SEC ERBA Securitization Type of securitization: ________________ Nominated ECAI: ________________ Securitisation positions Adjusted value of unfunded credit protection (G*) (-) Total outflows Total inflows 010 020 030 040 050 060 070=050-060 080 090 100 110 120 130 140 150 160 170 180 190 200=180- 190 210 220 230 240 250 260 270 280 290 300 310 320 330 340 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 010 Total exposures 020 Securitization positions 030 Re-securitization positions 040 Originator: Total exposures 050 Securitization positions: Balance sheet items 060 Securitization positions: Off-balance sheet items and derivatives 070 Re-securitization positions 080 Investor: Total exposures 090 Securitization positions: Balance sheet items 0100 Securitization positions: Off-balance sheet items and derivatives 0110 Re-securitization positions 0120 Sponsor: Total exposures 0130 Securitization positions: Balance sheet items 0140 Securitization positions: Off-balance sheet items and derivatives 0150 Re-securitization positions 0160 0170 CQS 1 0180 CQS 2 0190 CQS 3 0200 All other CQS and unrated 0210 0220 CQS 1 0230 CQS 2 0240 CQS 3 0250 CQS 4 0260 CQS 5 0270 CQS 6 0280 CQS 7 0290 CQS 8 0300 CQS 9 0310 CQS 10 0320 CQS 11 0330 CQS 12 0340 CQS 13 0350 CQS 14 0360 CQS 15 0370 CQS 16 0380 CQS 17 0390 All other CQS and unrated Breakdown of exposures subject to risk weights by risk classes: short-term Breakdown of exposures subject to risk weights by risk classes: long-term CQS 13 CQS 14 CQS 15 CQS 16 CQS 17 All other CQS CQS 7 CQS 8 CQS 9 CQS 10 CQS 11 CQS 12 (-) Exposure value that is deducted from the regulatory capital Exposure value subject to risk weights Risk- weighted exposure amount Breakdown by the reason for applying the SEC-ERBA method CQS 1 CQS 2 CQS 3 All other CQS CQS 6 Positions according to article 109, paragraph 4 of the regulation Use of hierarchy of methods Short-term credit quality steps (CQS) Long-term credit quality steps (CQS) CQS 1 CQS 2 CQS 3 CQS 4 CQS 5 Total risk-weighted exposure amount Memorandum items: total risk-weighted exposure amount corresponding to outflows from securitizations to other exposure classes (-) Funded credit protection (Cva) (-) Total outflows The notional amount retained or repurchased of the credit protection Original exposure pre conversion factors (-) Unfunded Credit Protection: Adjusted Value (Ga) (-) Funded credit protection Substitution of exposures due to CRM of which: subject to a conversion factor of 0% Risk-weighted exposure amount Adjustments to the risk-weighted exposure amount due to maturity mismatches Adjustments of the exposure amount when the bank does not meet the requirements provided for in subchapter III of chapter V of the regulation Risk- weighted exposure amount before applying the risk weight cap (-) Reductions due to risk weight cap (-) Reductions due to capital requirement cap Total amount of securitized exposures originated Synthetic Securitization: Credit protection to the securitized exposures (-) Value adjustments and provisions Net value of exposures (after value adjustments and provisions) Of which: synthetic securitizati on Auto loans, auto leasing and equipment leasing The option of applying the SEC- ERBA method Positions according to article 109, paragraph 2, letter "a" of the regulation Credit risk mitigation techniques (CRM) with substitution effect on the exposure Net exposure after substitution effect as a result of CRM, pre conversion factors (-) Credit risk mitigation techniques affecting exposure value: funded credit protection, under the financial collateral comprehensive method adjusted value Fully adjusted exposure value (E*) (-) Nonrefundable purchase price discount (-) Specific credit risk adjustments on underlying exposures Breakdown of exposures subject to risk weights, by risk weights Exposure value
180 Form MKR SA TDI Position risk of debt securities Currency: ________________ Long Short Long Short 010 020 030 040 050 060 070 010 Traded debt instruments in trading book 011 General risk 012 Derivatives 013 Other assets and liabilities 020 Maturity based approach 030 Zone 1 040 0 ≤ 1 month 050 > 1 ≤ 3 months 060 > 3 ≤ 6 months 070 > 6 ≤ 12 months 080 Zone 2 090 > 1 ≤ 2 (1,9 for cupon of less than 3%) years 100 > 2 ≤ 3 (> 1,9 ≤ 2,8 for cupon of less than 3%) years 110 > 3 ≤ 4 (> 2,8 ≤ 3,6 for cupon of less than 3%) years 120 Zone 3 130 > 4 ≤ 5 (> 3,6 ≤ 4,3 for cupon of less than 3%) years 140 > 5 ≤ 7 (> 4,3 ≤ 5,7 for cupon of less than 3%) years 150 > 7 ≤ 10 (> 5,7 ≤ 7,3 for cupon of less than 3%) years 160 > 10 ≤ 15 (> 7,3 ≤ 9,3 for cupon of less than 3%) years 170 > 15 ≤ 20 (> 9,3 ≤ 10,6 for cupon of less than 3%) years 180 > 20 (> 10,6 ≤ 12,0 for cupon of less than 3%) years 190 (> 12,0 ≤ 20,0 for cupon of less than 3%) years 200 (> 20 for cupon of less than 3%) years 210 Duration-based approach 220 Zone 1 230 Zone 2 240 Zone 3 250 Specific risk 251 Capital requirement for unsecuritised debt instruments 260 Debt securities under the first category in Table 22, of the CAR Regulation 0.00 270 Debt securities under the second category in Table 22, of the CAR Regulation 280 With a residual maturity ≤ 6 months 0.25 290 With a residual maturity > 6 months and ≤ 24 months 1.00 300 With a residual maturity > 24 months 1.60 310 Debt securities under the third category in Table 22, of the CAR Regulation 8.00 320 Debt securities under the fourth category in Table 22, of the CAR Regulation 12.00 321 Rated n-th to default credit derivatives 325 Capital requirement for securitisation positions 326 Capital requirement for the correlation trading portfolio 330 340 Particular approach for position risk in CIU-s 350 Additional charge for options (non-delta risks) 360 Simple approach 370 Delta plus approach - additional charge for gamma risk 380 Delta plus approach - additional charge for vega risk 390 Positions All positions Net positions Capital requirement (in %) Capital requirements Risk weighted exposure Net positions subject to capital charge
181 Form MKR SA EQU Position risk of equities Net positions subject to capital charge Long Short Long Short 010 020 030 040 050 060 070 010 Equities in trading book 020 General risk 8.00 021 Derivatives 022 Other assets and liabilities 030 Exchange traded stock index futures broadly diversified, subject to particular approach 040 Other equities than those defined in line 030 050 Specific risk 4.00 080 Particular approach for positions in CIU-s 090 Additional charge for options (non delta risks) 100 Simplified method 110 Delta plus approach - gamma risk 120 Delta plus approach - vega risk Positions Capital requirement (in %) Capital requirements Total risk weighted exposures All positions Net positions
182 Form CR TB SETT Settlement risk Unsettled transactions at settlement price Price difference exposure due to unsettled transactions Capital requirements Total risk weighted exposure 010 020 030 040 010 Total unsettled transactions in the banking book 020 Transactions unsettled up to 4 days (0 %) 030 Transactions unsettled between 5 and 15 days (8%) 040 Transactions unsettled between 16 and 30 days (50%) 050 Transactions unsettled between 31 and 45 days (75%) 060 Transactions unsettled over 46 days and more (100%) 070 Total unsettled transactions in the trading book 080 Transactions unsettled up to 4 days (0 %) 090 Transactions unsettled between 5 and 15 days (8%) 100 Transactions unsettled between 16 and 30 days (50%) 110 Transactions unsettled between 31 and 45 days (75%) 120 Transactions unsettled over 46 days and more (100%)
183 Form MKR SA COM Commodity investment risk Long Short 010 020 030 040 050 060 070 010 Total positions in commodities 020 Precious metals (except gold) 030 Base metals (zinc, copper, etc.) 040 Agricultural products (softs) 050 Other 060 Out of which: energy products (oil, gasoline) 070 Maturity ladder approach 080 Extended maturity ladder approach 090 Simplified approach: All positions 100 Additional charge for options (non-delta risks) 110 Simplified Method 120 Delta plus approach - additional charge for gamma risk 130 Delta plus approach - additional charge for vega risk 140 Scenario matrix approach Capital requirements Risk weighted exposure Long Short All positions Net positions Positions subject to capital charge Capital requirement (%)
184 Form MKR SA FX Foreign exchange risk Long Short Long Short Long Short Long Short 010 020 030 040 050 060 070 080 090 100 010 Total positions in foreign currencies 020 Currencies closely correlated 030 All other currencies (including CIUs treated as different currencies) 8.00 8.00 040 Gold 8.00 8.00 050 Additional charge for options (non-delta risks) 060 Simplified method 070 Delta plus approach - additional charge for gamma risks 080 Delta plus approach - additional charge for vega risks 090 Scenario matrix approach Breakdown of positions according to instrument type 100 Financial instruments 110 Off-balance sheet items 120 Derivatives Positions in different currencies 130 Euro EUR 140 Albanian Lek ALL 150 Argentinian Peso ARS 160 Australian Dollar AUD 170 Brasilian Real BRL 180 Bulgarian Lev BGN 190 Canadian Dollar CAD 200 Czech Koruna CZK 210 Danish Krona DKK 220 Egyptian Pound EGP 230 British Pound GBP 240 Hungarian Forint HUF 250 Japanese Yen JPY 260 Letonese Lata LVL 270 Lithuanian Lita LTL 280 Macedonian Denar MKD 290 Mexican Peso MXN 300 Polish Zloty PLN 310 Romanian Leu RON 320 Russian Rouble RUB 330 Serbian Denar RSD 340 Swedish Krona SEK 350 Swiss Francs CHF 360 Turkish Lira TRY 370 Ukrainian Hryvnia UAH 380 American Dollar USD 390 Icelandic Krona ISK 400 Norvegian Krona NOK 410 Other Risk weighted exposures Preferential treatment positions Currency code All positions Net positions Risk capital charge (%) Capital requirement
185 Form MKR SA SEC Standardised approach for specific risk in securitisations Long Short (-) Long (-) Short Long Short [0 - 10%[ [10 - 12%[ [12 - 20%[ [20 - 40%[ [40 - 100%[ [100 - 150%[ [150 - 200%[ [200 - 225%[ [225 - 250%[ [250 - 300%[ [300 - 350%[ [350 - 425%[ [425 - 500%[ [500 - 650%[ [650 - 750%[ [750 - 850%[ [850 - 1250%[ 1250% [0 - 10%[ [10 - 12%[ [12 - 20%[ [20 - 40%[ [40 - 100%[ [100 - 150%[ [150 - 200%[ [200 - 225%[ [225 - 250%[ [250 - 300%[ [300 - 350%[ [350 - 425%[ [425 - 500%[ [500 - 650%[ [650 - 750%[ [750 - 850%[ [850 - 1250%[ 1250% SEC-SA SEC-ERBA OTHER (Risk Weight=12 50%) WEIGHTED NET LONG POSITIONS WEIGHTED NET SHORT POSITIONS 0010 0020 0030 0040 0050 0060 0061 0062 0063 0064 0065 0066 0071 0072 0073 0074 0075 0076 0077 0078 0079 0081 0082 0083 0085 0086 0087 0088 0089 0091 0092 0093 0094 0095 0096 0097 0098 0099 0101 0102 0103 0104 0403 0404 0406 0530 0540 0570 0601 0010 Total exposures 0020 Of which: Re-securitization 0030 Originator: Total exposures 0040 Securitization positions 0050 Re-securitization positions 0060 Investor: Total exposures 0070 Securitization positions 0080 Re-securitization positions 0090 Sponsor: Total exposures 0100 Securitization positions 0110 Re-securitization positions BEFORE THE CAP AFTER THE CAP / TOTAL CAPITAL REQUIREM ENT ALL POSITIONS (-) POSITIONS DEDUCTED FROM CAPITAL NET POSITIONS BREAKDOWN OF NET POSITIONS (LONG) ACCORDING TO RISK WEIGHTS BREAKDOWN OF NET POSITIONS (SHORT) ACCORDING TO RISK WEIGHTS BREAKDOWN OF NET POSITIONS ACCORDING TO APPROACHES GENERAL EFFECT (ADJUSTMENT) WHEN THE BANK DOES NOT MEET THE
186 Form MKR SA CTP Standardised approach for specific risk in the correlation trading portfolio LONG SHORT (-) LONG (-) SHORT LONG SHORT [0 - 10%[ [10 - 12%[ [12 - 20%[ [20 - 40%[ [40 - 100%[ [100 - 250%[ [250 - 350%[ [350 - 425%[ [425 - 650%[ [650 - 1250%[ 1250% [0 - 10%[ [10 - 12%[ [12 - 20%[ [20 - 40%[ [40 - 100%[ [100 - 250%[ [250 - 350%[ [350 - 425%[ [425 - 650%[ [650 - 1250%[ 1250% SEC-SA SEC-ERBA Other (Risk Weight=1 250%) WEIGHTED NET LONG POSITIONS WEIGHTED NET SHORT POSITIONS WEIGHTED NET LONG POSITIONS WEIGHTED NET SHORT POSITIONS 0010 0020 0030 0040 0050 0060 0071 0072 0073 0074 0075 0076 0077 0078 0079 0081 0082 0086 0087 0088 0089 0091 0092 0093 0094 0095 0096 0097 0403 0404 0406 0410 0420 0430 0440 0450 0010 Total exposures Securitization positions: 0020 Originator: Total exposures 0030 Securitization positions 0040 Other CTP positions 0050 Investor: Total exposures 0060 Securitization positions 0070 Other CTP positions 0080 Sponsor: Total Exposures 0090 Securitization positions 0100 Other CTP positions 0110 Nth-to-default credit derivatives 0120 Other CTP positions BREAKDOWN OF NET POSITIONS ACCORDING TO APPROACHES BEFORE THE CAP AFTER THE CAP TOTAL CAPITAL REQUIREME NT NTH-TO-DEFAULT CREDIT DERIVATIVES: ALL POSITIONS (-) POSITIONS DEDUCTED FROM CAPITAL NET POSITIONS BREAKDOWN OF NET POSITIONS (LONG) ACCORDING TO RISK WEIGHTS BREAKDOWN OF NET POSITIONS (SHORT) ACCORDING TO RISK WEIGHTS
187 Form OPR Operational Risk Gross Income Loans and advances (in case of ASA application) 010 020 030 040 050 060 070 071 010
188 147Methodology guidelines for reporting templates on capital adequacy ‘COREP’
147 Added by the Decision No. 43, dated 30.07.2014 and amended by the Decision No. 36, dated 2.8.2023 of the Supervisory Council of the Bank of Albania.
189 1 Contents 2 CAPITAL REQUIREMENTS FOR CREDIT RISK ......................... 191 2.1 Form CR SA – Credit risk, counterparty credit risk, and non-DVP transactions settlement risk …………………………………………………………….. 191 2.1.1 General provisions.................................................................................................................... 191 2.1.2 Content of the columns............................................................................................................. 191 2.1.3 Content of the rows................................................................................................................... 196 2.2 Form CR SEC SA – Securitisation ………………………………………………. 197 2.2.1 General provisions.................................................................................................................... 197 2.2.2 Content of the columns............................................................................................................. 197 2.2.3 Content of the Rows ................................................................................................................. 203 2.3 Form CR SEC ERBA-Securitisation …………………………………………….. 205 2.3.1 General provisions.................................................................................................................... 205 2.3.2 Content of the columns............................................................................................................. 205 2.3.3 Content of the rows................................................................................................................... 211 3 CAPITAL REQUIREMENTS FOR MARKET RISK........................ 212 3.1 Form MKR SA TDI – Position risks in traded debt instruments ……... 212 3.1.1 General provisions.................................................................................................................... 212 3.1.2 Content of the columns............................................................................................................. 212 3.1.3 Content of the rows................................................................................................................... 213 3.2 Form MKR SA EQU – Position risk in equities ……………………………… 215 3.2.1 General provisions.................................................................................................................... 215 3.2.2 Content of columns................................................................................................................... 215 3.2.3 Content of rows......................................................................................................................... 216 3.3 Form CR TB SETT – Settlement risk …………………………………………… 217 3.3.1 General provisions.................................................................................................................... 217 3.3.2 Content of the columns............................................................................................................. 217 3.3.3 Content of the Rows ................................................................................................................. 218 3.4 Form MKR SA COM - Commodity investment risk ………………………… 218 3.4.1 General provisions.................................................................................................................... 218 3.4.2 Content of the columns............................................................................................................. 219 3.4.3 Content of rows......................................................................................................................... 219 3.5 Form MKR SA FX - Foreign exchange risk ………………………………….. 220 3.5.1 General provisions.................................................................................................................... 220 3.5.2 Reporting the net foreign currency position.............................................................................. 220 3.5.3 Reporting capital requirement for open foreign currency net position ..................................... 221 3.5.4 Other risks................................................................................................................................. 221 3.5.5 Capital requirement................................................................................................................... 222 3.6 Form MKR SA SEC- Standardised approach for specific risk in securitisations …………………………………………………………………………………… 222 3.6.1 General provisions.................................................................................................................... 222 3.6.2 Content of the columns............................................................................................................. 223 3.6.3 Content of the rows................................................................................................................... 224
190 3.7 Form MKR SA CTP - Standardised approach for specific risk in the correlation trading portfolio …………………………………..…………………………….. 224 3.7.1 General provisions.................................................................................................................... 224 3.7.2 Content of the columns............................................................................................................. 225 3.7.3 Content of the rows................................................................................................................... 226 4 CAPITAL REQUIREMENT FOR OPERATIONAL RISK.............. 227 4.1 Form OPR - Operational risk ……………………………………………………… 227 4.1.1 General provisions.................................................................................................................... 227 4.1.2 Basic Approach......................................................................................................................... 228 4.1.3 Standardized Approach............................................................................................................. 228 4.1.4 Advanced Standardized Approach............................................................................................ 228 5 FORM CAR - CAPITAL ADEQUACY RATIO................................. 228
191 2 Capital requirements for credit risk 2.1 Form CR SA – Credit risk, counterparty credit risk, and non-DVP transactions settlement risk 2.1.1 General provisions This form covers the following capital requirements: Credit risk in the banking book, which includes the counterparty risk in the banking book; Counterparty risk in the trading book; Non-DPV transactions settlement risk (article 164), both in the banking and in the trading book. Banks shall fill in this form for each exposure class, as defined in article 10 of the regulation, and for the total exposure classes, excluding securitised exposures, which would be presented in separate forms (CR SEC SA and CR SEC ERBA). Exposures, which according to the regulatory framework in force, are considered as unhedged against the exchange rate, shall be reflected in the exposure class wherein they would be classified if they did not have this feature, although in the regulation such exposures are classified in the high-risk exposure class. Banks shall not fill in the fields in red. In the field of nominated ECAI and/or ECA, banks shall report the names of all nominated ECAI-s by the bank and/or ECA-s to be used for rating exposures included in each of exposure classes. When filling this table in, banks shall take into consideration all the exposures that have not been deducted from the regulatory capital, and those that are not subject to banks' capital requirements for market risk. This form shall be reported quarterly. 2.1.2 Content of the columns The form contains 26 columns, as follows: Columns 010-030: These columns are highlighted in red and shall not be filled by the banks. Column 040 - Exposure net of value adjustments and provisions In Column 040, in row “Total exposures”, banks shall present the total value of net exposure, corresponding to the category specified in the field “Exposure class”, in accordance with the following rules:
192 The value of an individual exposure, included in the banks' balance sheet, is equal to the net value of the relevant exposure in the balance sheet (after deducting provisions). The value of an individual exposure, included in the banks' off-balance sheet items, is equal to the value of the relevant exposure in the off-balance sheet items (after deducting provisions). The value of individual exposures, deriving from repurchase agreements for securities or commodities, securities or commodities lending or borrowing agreements, which are not subject to the master netting agreements and margin lending transactions, is equal to the value of the relevant transaction. In the case of master netting agreements covering repurchase agreements for securities or commodities, securities or commodities lending or borrowing agreements, the value of exposure deriving from these netting agreements equals the fully-adjusted exposure value (E*), calculated in accordance with article 75, paragraph 6 of the regulation. The value of an individual exposure deriving from long settlement agreements is calculated according to the methods stipulated in chapter IV of the regulation. The value of exposure, arising from derivatives specified in annex IV of the regulation shall be calculated in accordance with stipulations set out in chapter IV of the regulation. Banks shall detail the amount reported in the first column, under row “Total exposure” in individual rows: Distinguishing exposures to SME-s from which exposures to SME-s treated with supporting factors are separated; By type of exposure (on-balance sheet items, off-balance sheet items, securities financing transactions148 and derivatives and long settlement transactions); By risk weights (0%, 10%, 20%, 35%, 50%, 75%, 85%, 100%, 125%, 150%, 200%, 250%, 1250% and other weights). Columns 050-100: Credit risk mitigation techniques with substitution effects on the exposure Columns from 050 to 100 refer to funded and unfunded credit protection that mitigates credit risk for one or more exposures through the substitution effect, in accordance with articles 53-57 (Funded credit protection – Financial Collateral Simple Method) and articles 94-96 (Unfunded credit protection), substituting the risk weight for the covered part of the exposure with the weight of the collateral risk or collateral pledger. Columns 050-060 - Unfunded credit protection: Adjusted value (GA) Banks in these columns present the value of unfunded credit protection, adjusted for maturity and currency mismatch, calculated according to articles 90-92 of the regulation.
148 Securities financing transactions include repurchase agreements for securities or commodities, securities or commodities lending or borrowing agreements and margin lending transactions.
193 The adjusted value of guarantees and credit derivatives is given separately, in columns 050 and 060. Columns 070-080 - Funded credit protection Columns 070 and 080 refer to the funded credit protection (not taking into master netting agreements, which are taken into consideration with the original exposure value, in column 010). Credit linked notes and balance sheet netting are treated as collateral in the form of cash deposit (article 90, paragraph 2). Banks, which use the financial collateral simple method specified in articles 53-57 of the regulation, shall report in column 070 the financial collateral values; banks that use the financial collateral comprehensive method shall not fill in this column. The value of other funded credit protection, specified in articles 77-78 of the regulation shall be filled in column 080. Columns 090 and 100 - Substitution of the exposure due to Credit Risk Mitigation Column 090 - Total outflows In this column, the banks shall present the amount of outflows that means the mount of those parts of exposures included in column 040, which are guaranteed by funded and unfunded credit protection, in accordance with columns from 050 to 080. If the issuer of the funded credit protection or the provider of unfunded credit protection is classified in the same class as the debtor, the individual outflow for this exposure shall be presented as inflow in column 100 of the same form, taking into account the type of exposure and credit risk weight for the funded or unfunded protection, in accordance with articles 54, 94 and 95 of the regulation. If the issuer of the funded credit protection or the provider of unfunded credit protection is not classified in the same class of exposure as the debtor, individual inflows shall be presented as inflows in the respective column of the form, presenting the class of exposures including the exposure of the issuer of the funded credit protection or the provider of the unfunded credit protection. Column 100 - Inflows In column 100, row “Total exposures” shall be presented the amount of total outflows of column 090 of the same exposure class and outflows of forms of other exposure classes, as a result of taking into consideration the funded and unfunded credit protection (in accordance with articles 54, 94 and 95 of the regulation) whose issuer and provider are classified in the exposure class corresponding to the form that is filled in. The amount presented in column 100 in the total row, shall be divided according to individual rows, taking into account: the type of exposure guaranteed by funded or unfunded protection, whose issuer or provider are classified in the exposure class corresponding to the form that is filled in. the weight determined for the funded and unfunded credit protection.
194 Column 110 - Net exposure after credit risk mitigation substitution effects, pre conversion factors In this column, the bank shall report the amount of exposures after the amount of outflows and inflows has been taken into consideration, from the application of credit protection substitution effects on exposures, calculated by deducting from net exposure in column 040, the outflows in column 090 and by adding the inflows in column 100. Columns 120 to 140 - Credit risk mitigation techniques affecting the exposure amount: Funded credit protection, financial collateral comprehensive method. Articles 59-67 of the regulation, including credit linked notes. Columns from 120 to 140 refer to the calculation of the adjusted value of exposure and funded credit protection. Column 120 - Volatility adjustment to the exposure The bank shall report the volatility adjustment to the exposure, calculated according to the formula (EVA – E) = E × HE Column 130 - Financial collateral: Adjusted value (CVAM) The bank shall report the value of financial collateral as calculated according to article 59, paragraph 3 according to the formula: CVAM = C × (1-HC-HFX)×(t-t*)/(T-t*). Column 140 – of which: Volatility and maturity adjustment The bank shall present volatility and maturity mismatch adjustments as calculated according to the formula (CVAM – C) = C × [(1-HC-HFX)×(t-t*)/(T-t*) - 1], whereby the effect of volatility adjustment is calculated according to the formula (CVA – C) = C × [(1- HC-HFX – 1], and the effect of maturity mismatch adjustment is calculated according to the formula (CVAM – CVA) = C × (1-HC-HFX)× [(t-t*)/(T-t*) - 1]. Column 150 - Fully adjusted exposure value (E*) The bank shall report the fully-adjusted exposure value, which takes into consideration the exposure volatility and financial collateral effects, in accordance with article 74 and 59, paragraph 1. This value shall be calculated by adding to the amount in column 110, the amount in column 120, and deducting from it the amount in column 130. Columns 160-190 - Breakdown of the fully adjusted exposure value of off-balance sheet items by conversion factors In column 0% shall be presented the part of the amount from column 150 that represents off-balance sheet exposures, which are classified as no risk items, according to annex 2 “Classification of off-balance sheet items” of the regulation. In column 20% shall be presented the part of the amount from column 150 that represents off-balance sheet exposures, which are classified as low risk items, according to annex 2 “Classification of off-balance sheet items” of the regulation. In column 50% shall be presented the part of the amount from column 150 that represents off-balance sheet exposures, which are classified as medium risk items, according to annex 2 “Classification of off-balance sheet items” of the regulation.
195 In column 100% shall be presented the part of the amount from column 150 that represents off-balance sheet exposures, which are classified as high risk items, according to annex 2 “Classification of off-balance sheet items” of the regulation. The amounts reported in columns 160-190, in the row “Total exposures” shall be equal to the amounts included in the intersection of row 030 “Off-balance sheet items”, with these columns. Column 200 - Exposure value In this column, banks shall report the net exposure value, after taking into consideration the credit protection effects and conversion factors for off-balance sheet items. To calculate the exposure value for off-balance sheet items, from column 150 shall be deducted the total of column 160, 80% of the amount in column 170, 50% of the amount of column 180. For other types of exposure, the amount in column 200 equals the amount in column 150. The amount reported in this column, in the intersection with total exposures row, equals the sum of rows 020, 030, 040, 060, of the same column. Column 210 - Of which: related to counterparty credit risk In this column, banks shall report the part of the amount reflected in column 200, which is related to exposures arising from derivatives, repo transactions with securities or commodities, securities or commodities lending or borrowing agreements, margin lending transactions and long settlement agreements. Column 220 – Risk weighted exposure amount, pre SME supporting factor Banks, assign a risk weight for exposure values from column 200, based on the credit quality. Column 230: The adjusted amount of risk-weighted exposures resulting from of the SME supporting factor In this column, the difference of the amount of risk-weighted exposures for nondefaulted exposures to SMEs (RWEA) calculated in accordance with the requirements of chapter III of the regulation, with RWEA* as provided for in article 20/1, paragraph 1 of the regulation, is deducted. This column will be completed only for the classes “Exposures or contingent exposures to corporates”, “Exposures or contingent exposures to retail portfolios”, or “Exposures or contingent exposures secured by real estate property”, as well as in the summary form of all classes of exposures. Column 240: Risk weighted exposure amount, after SME supporting factor The value in this column will be the difference of the values of columns 220 and 230. This column will be completed only for the classes “Exposures or contingent exposures to corporates”, “Exposures or contingent exposures to retail portfolios”, or “Exposures or contingent exposures secured by real estate property”, as well as in the summary form of all classes of exposures.
196 Column 250: Of which: with a credit assessment by a nominated ECAI This column shall present that part of the exposures classified by risk classes, for whose calculation banks have used risk weights based on the credit quality assessments of the counterparty issued by a nominated ECAI, provided respectively in the letters: “a” to “d”, “f”, “g”, “g/1”, “l”, “n” and “o”. Column 260: Of which: with a credit assessment derived from central government This column shall present that part of the exposures classified by risk classes, for whose calculation banks have used risk weights based on the credit quality assessments of the central government, provided respectively in the letters: “b” to “d”, “f”, “g”, “l” and “n”. 2.1.3 Content of the rows Row 010 - Total exposures In “Total exposures” row, banks shall report the total amount by individual columns, which presents the sum of individual columns against exposure type or risk weight. Row 011 - Of which: SME exposures This row shall be filled in for the classes of “Exposure or contingent exposures to corporates”, “Exposures or contingent exposures to retail portfolios”, “Exposures or contingent exposures secured by real estate property”, “Non-performing exposures (loans)”, as well as in the summary form of all exposure classes. Row 012 – Of which: SME exposures treated with supporting factors This row is completed for the classes “Exposures or contingent exposures to corporates”, “Exposures or contingent exposures to retail portfolios”, “Exposures or contingent exposures secured by real estate property”, as and in the summary form of all classes of exposures. Rows 020 - 060 - Breakdown by type of exposure The amount of exposure presented in column 040 in row “Total exposures” is broken down by type of exposure as follows: On balance sheet items: these items are not listed under any of the other types of exposure. Exposures arising from non-DVP settlement, although they are not on-balance sheet items, they are presented in this row. Exposures that are on-balance sheet items and treated as securities financing transactions and as derivatives or long settlement transactions are not included in this row, but in rows 040 and 060, respectively. Off-balance sheet items: items set out in annex 2 of the regulation. Exposures that are off-balance sheet items and treated as securities financing transactions and as derivatives or long settlement transactions are not included in this row, but in rows 040 and 060, respectively. Securities financing transactions (including repurchase transactions, securities and commodities lending and borrowing transactions, margin lending
197 transactions and E* value of master netting agreement related to such transactions). Derivatives and long settlement transactions: Derivatives, as specified in annex IV of the regulation and long settlement transactions, as provided for in article 4, letter “d”, point 66. Rows 090 - 210 – Breakdown of total exposures by risk weight The sum of exposures amount presented in the cell, which is formed by the intersection between column 040 and row “Total exposures”, is broken down by specified risk weights at: 0%, 10%, 20%, 35%, 50%, 75%, 85%, 100%, 125%, 150%, 200%, 250%, 1,250%, other risk weights). Rows 220-240 - Breakdown of total exposures according to the CIU approach These rows shall be completed only for the class of exposures to Collective Investment Undertakings (CIU), as provided for in articles 28, 28/1, 28/2 and 28/3 of the regulation. 2.2 Form CR SEC SA - Securitisation 2.2.1 General provisions When the bank is the originator of the securitization, it fills in the relevant information in the CR SEC SA form for the exposures related to the securitization transactions, for all securitizations for which the transfer of a significant part of the credit risk is recognized. When the bank is in the role of investor, all exposures must be reported. This form is filled out especially for the exposures related to traditional and synthetic securitizations that are kept in the banking book, which is defined in the field “Type of securitization”. Reporting will depend on the role that banks assume in the securitisation process. Therefore, the reporting of items will vary depending on the fact whether the bank is the originator, investor or sponsor. In the field “Nominated ECAI”, banks shall write the name of all nominated ECAI-s for rating such exposures. Banks shall not fill in the fields in red. This form shall be reported quarterly. 2.2.2 Content of the columns The CR SEC SA form contains 36 columns as follows: Column 010 - Total amount of securitized exposures originated This column shall be reported only by banks that are originators in a securitisation. In this column, banks shall fill in the outstanding amount at the reporting date, of all
198 securitised positions originated during securitisation transaction, regardless of who holds the positions. Thus, both securitised exposures in the balance sheet (bonds, subordinated bonds) and off-balance sheet exposures (subordinated credit lines, liquidity facilities and financial derivatives) originated during the securitisation process shall be reported. In the case of a traditional securitization where the originator does not hold any position, the originator will not consider this securitization for reporting purposes. For this purpose, the securitization position held by the originator shall include early amortization provisions, as defined in article 4, letter “c”, point 63, in the securitization of revolving exposures. Columns 020-040: Synthetic securitizations: Credit protection to the securitised exposures Columns 020 - 040 refer to credit protection of a synthetic securitisation, through which securitised exposures are segmented (tranching). Only originator banks in a synthetic securitisation shall fill in these columns. Credit protection shall not include adjustments for maturity mismatch, according to the requirements of articles 106 and 107 of the regulation. Columns 020 and 030 refer to funded and unfunded credit protection. Column 020 - Funded credit protection (CVA) Banks shall fill in the amount of funded credit protection according to article 59 of the regulation. For the financial collateral, banks may use only the financial collateral comprehensive method. For this reason, the collateral value in this column shall be presented as adjusted for volatility and maturity mismatch as set out in article 59. Credit linked notes shall be treated as funded credit protection according to article 90, paragraph 2. Column 030 - Adjusted value of unfunded credit protection (G*) Following the general rule for “inflows” and “outflows”, the amounts reported under this column shall appear as “inflows” in the corresponding credit risk form (CR SA) and in exposure class to which the reporting bank allocates the protection provider (i.e. the third party to which the tranche is transferred by means of unfunded credit protection). The bank shall report the value of unfunded credit protection, adjusted for currency mismatch (G*), according to article 91, paragraph 1. Column 040 - Notional amount retained or repurchased of the credit protection Banks shall report in this column the notional amounts of credit protection that the originator as the collateral purchaser, retains or repurchases from collateral providers. The effects of volatility adjustments, as set out in articles 58 and 59 of the regulation, shall not be taken into account when calculating the retained or repurchased value of the credit protection.
199 Column 050 - Securitisation positions: Original exposure pre conversion factors Banks shall report the book value of securitised individual positions, calculated in accordance with article 103, paragraphs 1 and 2, without applying any value adjustments or provisions and conversion factors, and without applying any nonrefundable purchase price discounts of securitized exposures, as defined in article 103, paragraph 1, letter “d” and without applying value adjustments or provisions for securitization positions. The originator that uses the synthetic securitisation in the form of balance sheet items and/or “investor’s interest”, shall calculate the position according to columns 010-020-030+040. Thus, the exposure value shall be filled in after taking into consideration inflows and outflows as a result of credit protection used for segmenting (trancheing). Netting shall only be relevant with respect to multiple derivative contracts provided to the same SSPE. Column 060 - Value adjustments and provisions The amount of value adjustments and provisions for on-balance sheet and off-balance sheet items is completed only for securitization positions, in accordance with article 103. Value adjustment for securitized exposures shall not be considered. Column 070 - Net value of exposures (after value adjustments and provisions) This column shall include the exposure values of securitisation positions calculated in accordance with article 103, paragraphs 1 and 2, net of value adjustments and provisions, without applying conversion factors and gross of any non-refundable purchase price discounts on the securitised exposures as referred to in article 103, and net of value adjustments and provisions on the securitisation position. Exposures’ net value is calculated as the difference between columns 050 and 060, without applying conversion factors. Columns 080 - 110 - Credit risk mitigation techniques with substitution effects on the exposure Banks will report in columns 080-110 information on credit risk mitigation techniques that mitigate credit risk, as a result of substitution effect on exposure, with the risk weight for the protected part being substituted with the risk weight of the collateral (which means collateral provider). Collateral that has an effect on the exposure value (e.g. if used for credit risk mitigation techniques with substitution effects on the exposure) shall be capped at the exposure value. Column 080 - Unfunded credit protection: adjusted value (Ga) Banks shall report the value of unfunded credit protection, adjusted for maturity mismatch and currency, in accordance with articles 90 to 92 of the regulation. Column 090 - Funded credit protection Funded credit protection, as defined in article 4, letter “b”, point 25 and as referred to in article 104, paragraph 2 and as regulated in articles 49, 68 and 77. For the financial collateral, this column shall be reported only by banks that use the financial collateral simple method, in accordance with articles 53-56 of the regulation.
200 Credit linked notes and on-balance sheet netting agreements shall be treated as cash collateral, as referred to in articles 90, paragraph 2 and article 70 of the regulation. Column 100 - Total outflows Articles 54 and 95 of the regulation. The collateralized amount is filled in for each of the roles that a bank has in the securitization (originator, investor, etc.). Outflows shall correspond to the covered portion of the column “Net value of exposures (after value adjustments and provisions)” that is deducted from the obligor/borrower's exposure class (and where relevant, the risk weight or credit quality step of the obligor) and subsequently assigned to the protection provider's exposure class (and where relevant, risk weight or credit quality step of the obligor). The same amount will be filled in as inflows for the same role (originator, investor and sponsor) into the protection provider's exposure class (and where relevant, the risk weight or credit quality step of the obligor). Column 110 - Total inflows Securitisation positions which are debt securities and are used as eligible financial collateral in accordance with article 49, paragraph 1 of the regulation and where the financial collateral simple method is used, shall be reported as inflows in this column. Column 120 - Net exposure after substitution effects as a result of credit risk mitigation, pre conversion factors This column shall include the exposures assigned in the corresponding risk weight and exposure class, after taking into account inflows and outflows, as a result of credit risk mitigation techniques with exposure’s substitution effect, which is calculated by deducting the total amount in column 100 from column 070 and adding the amount from column 110 (070-100+110). Column 130 - Credit risk mitigation techniques affecting exposure value: funded credit protection, under the financial collateral comprehensive method adjusted value Articles 58-67 of the regulation. The reported values should also include credit linked notes. Column 140 - Fully adjusted exposure value (E*): calculated as (120 – 130) In this column should be reported the exposure value of securitisation positions, calculated in accordance with article 103, but without applying the conversion factors laid down in letter “b” of paragraph 1 of article 103. Column 150 - Of which: subject to a conversion factor of 0% Article 103, paragraph 1, letter “b”. For reporting purposes, fully adjusted exposure values (E*) shall be reported for the 0% conversion factor.
201 Columns 160 - Non-refundable purchase price discount In accordance with article 103, paragraph 1, letter “d” of the regulation, an originator bank may deduct from the exposure value of a securitisation position which is assigned a 1250 % risk weight, any non-refundable purchase price discounts connected with such underlying exposures, to the extent that such discounts have caused the reduction of regulatory capital. Columns 170 - Specific credit risk adjustments on underlying exposures In accordance with article 103, paragraph 1, letter “d” of the regulation, an originator bank may deduct from the exposure value of a securitisation position, which is assigned a 1250 % risk weight or is deducted from common equity tier 1, the amount of the specific credit risk adjustments on the underlying exposures as determined in accordance with article 9 of the regulation. Columns 180 - Exposure value In this column shall be reported the exposure value, calculated in accordance with article 103. Column 190 - Exposure value that is deducted from the regulatory capital In accordance with article 99, paragraph 1, letter “b”, article 100, paragraph 1, letter “b” and article 108, paragraph 1 of the regulation, shall be reported the value of the securitized positions, which have been assigned a risk weight of 1250%, which the bank does not include in the amount of risk-weighted exposures, but deducts from the regulatory capital, according to the regulation “On the bank's regulatory capital”. Column 200 - Exposure value subject to risk weights Banks fill in this column the exposure value calculated as the difference between columns 180 and 190. Column 210 – 260 - Breakdown of exposures subject to risk weights, by risk weights Exposures are divided according to risk classes. For the risk weight of 1250% (W unknown), article 113, paragraph 2 of the regulation provides that securitization positions shall be weighted by 1250% when the bank does not recognize delays for 5% or less of the underlying exposures in the underlying exposures pool. Column 270: Risk-weighted exposure value for other cases (risk weight 1250%) In this column, the risk-weighted exposure value is filled in, in cases where none of the methods (SEC-SA or SEC-ERBA) is applied and the securitization positions are assigned a risk weight of 1250%, in accordance with the provisions in article 109, paragraph 6 of the regulation.
202 Column 280: Risk-weighted exposure amount SEC-SA method In this column should be reported the total risk-weighted amount, calculated in accordance with subchapter II of chapter V of the regulation, as the sum of the products of the individual exposures from columns 210-260 and the corresponding risk weights, before maturity mismatches or prudential adjustments, and excluding any risk-weighted exposures corresponding to redistributed exposures through outflows in other forms. Column 290 – Of which: Synthetic securitization For synthetic securitizations with maturity mismatches, the amount to be reported in this column does not consider maturity mismatches. Column 300 - Adjustments to the risk-weighted exposure amount due to maturity mismatches Maturity mismatches for synthetic securitizations RW*-RWSP, between the credit protection through which the risk transfer is achieved and the securitized exposures, are calculated in accordance with article 107 of the regulation. Risk-weighted exposure value adjustments for maturity mismatches are included in this column, except where segments (tranches) are subject to a risk weight of 1250%, where the amount to be reported is 0. The RWSP amount includes not only the amount of risk-weighted exposures reported under column 280, but also includes the amounts of risk-weighted exposures corresponding to exposures distributed through outflows in other forms. Column 310 - Adjustments of the exposure amount when the bank does not meet the requirements provided for in subchapter III of chapter V of the regulation In accordance with article 119 of the regulation, when the bank does not meet the requirements provided for in subchapter III of chapter V of the regulation, the Bank of Albania may proportionally set an additional risk weight of not less than 250% of the risk weight, but not higher than 1250%, which would be applied to the corresponding securitization position, in the manner defined in chapter V of the regulation. Column 320 - Risk-weighted exposure amount before applying the risk weight cap The total amount of risk-weighted exposures for securitized positions, calculated in accordance with subchapter II of chapter V of the regulation, before the application of the restrictions specified in article 115 and 116. Column 330 – Reductions due to risk weight cap In accordance with article 115 of the regulation, a bank which has knowledge at all times of the composition of the underlying exposures, shall assign to the senior securitization positions, a maximum risk weight equal to the weighted average risk weight of the exposures that would be applicable to the underlying exposures as if these underlying exposures had not been securitized. Column 340 – Reductions due to capital requirement cap Pursuant to article 116 of the regulation, an originating bank or a sponsor using the standardized approach (SEC-SA) or the external ratings based approach (SEC-ERBA) may apply a maximum capital requirement for the securitization position, equal to the
203 capital requirement that would be calculated in accordance with chapter III of the regulation, in relation to the underlying exposures, if these underlying exposures were not securitized. Column 350 – Total risk-weighted exposure amount This column reports the total amount of risk-weighted exposure, calculated in accordance with the requirements of subchapter II of chapter V of the regulation, considering the total risk weight defined in article 102, paragraph 6. Column 350 is calculated by subtracting from column 320, columns 330 and 340 (320- 330-340). Column 360 - Memorandum items: total risk-weighted exposure amount corresponding to outflows from securitizations to other exposure classes This column reports the amount of risk-weighted exposures derived from exposures redistributed to the credit mitigation provider, that are reported in the relevant form and that are considered in the computation of the risk weight cap for securitisation positions. Banks shall report securitisation exposures by column and analyse the fields covered by such activity in rows according to the assumed role in the securitisation. 2.2.3 Content of the Rows The CR SEC SA form contains 15 rows, which are divided into three main groups that collect data on exposures originated/sponsored/held or purchased by originators, investors and sponsors. For each of them, the information will be divided into balance sheet items, off-balance sheet items, and derivatives, as well as whether it is a resecuritization. Row 010 – Total exposure The value in row 10 should be equal to the sum of the bank's total exposures in securitizations and re-securitizations. This row summarizes all the information reported by originators, sponsors and investors in the following rows. Row 020 – Securitization positions This row reports the total amount of securitization positions as defined in article 4, letter “c”, point 47, which have not been re-securitised as defined in article 4, letter “c”, point 45/4. Row 030, 070, 0110, 0150 – Re-securitization positions In these rows, the total amount of the positions in re-securitization is reported. Row 040 – Originator: Total exposure This row summarizes information on securitized exposures for balance sheet items as well as off-balance sheet exposures and derivatives, together with re-securitization
204 positions for which the bank is in the role of the originator, as defined in article 4, letter “c”, point 48 of the regulation. Rows 050, 090, 0130 – Securitization positions: Balance sheet items In accordance with article 103, paragraph 1, letter “a” of the regulation, the exposure value of a securitization position recorded in the balance sheet, will be its accounting value after deducting the reserves for covering losses for the securitization position, in accordance with article 9 of the regulation. Rows 060, 0100, 0140 – Securitization positions: Off-balance sheet items These rows summarize information on off-balance sheet securitization positions and securitization positions derived from a derivative instrument, subject to a conversion factor under the securitization regulatory framework. The exposure value of an offbalance sheet securitization position is its nominal value after deducting the relevant specific loss reserves for the securitization position, multiplied by a 100% conversion factor, unless otherwise specified. Off-balance sheet securitization positions derived from a derivative instrument listed in Annex 4 of the regulation shall be determined in accordance with Chapter VI of the regulation. The exposure value for the counterparty credit risk of a derivative instrument listed in Annex 4 shall be determined in accordance with chapter VI of the regulation. For liquidity facilities, credit commitments and cash advances, the bank must report the undrawn amount. For interest rate and exchange rate swaps, the exposure value calculated according to article 103, paragraph 1, shall be reported. Row 080 – Investor: Total exposure This row summarizes information on securitized exposures for balance sheet items as well as off-balance sheet exposures and derivatives, together with re-securitization positions for which the bank is in the role of investor, as defined in article 4, letter “c”, point 55 of the regulation. Row 0120 – Sponsor: Total exposure This row summarizes information on securitized exposures for balance sheet items as well as off-balance sheet exposures and derivatives, together with re-securitization positions for which the bank is in the role of sponsor, as defined in article 4, letter “c”, point 49 of the regulation. If the sponsor also securitizes its own assets, it must complete the rows where it is reported the exposure in the role of originator with information on its own securitized assets. Banks, which have investments in securitisations, in this form shall fill out only the cells colored in yellow.
205 2.3 Form CR SEC ERBA-Securitisation 2.3.1 General provisions When the bank is the originator of the securitization, it fills in the relevant information in the CR SEC ERBA form for the exposures related to the securitization transactions, for all securitizations for which the transfer of a significant part of the credit risk is recognized. When the bank is in the role of investor, all exposures must be reported. This form is filled out especially for the exposures related to traditional and synthetic securitizations that are kept in the banking book, which is defined in the field “Type of securitization”. Reporting will depend on the role that banks assume in the securitisation process. Therefore, the reporting of items will vary depending on the fact whether the bank is the originator, investor or sponsor. In the field “nominated ECAI”, banks shall write the name of all nominated ECAI-s for rating such exposures. Banks shall not fill in the fields in red. This form shall be reported quarterly. 2.3.2 Content of the columns The CR SEC ERBA form has 56 columns as follows: Column 010 - Total amount of securitized exposures originated This column shall be reported only by banks that are originators in a securitisation. In this column, banks shall fill in the outstanding amount at the reporting date, of all securitised positions originated during securitisation transaction, regardless of who holds the positions. Thus, both securitised exposures in the balance sheet (bonds, subordinated bonds) and off-balance sheet exposures (subordinated credit lines, liquidity facilities and financial derivatives) originated during the securitisation process shall be reported. In the case of a traditional securitization where the originator does not hold any position, the originator will not consider this securitization for reporting purposes. For this purpose, the securitization position held by the originator shall include early amortization provisions, as defined in article 4, letter “c”, point 63, in the securitization of revolving exposures. Columns 020-040: Synthetic securitizations: Credit protection to the securitised exposures Columns 020 - 040 refer to credit protection of a synthetic securitisation, through which securitised exposures are segmented (tranching). Only originator banks in a synthetic securitisation shall fill in these columns. Credit protection shall not include adjustments
206 for maturity mismatch (according to the requirements of articles 106 and 107 of the regulation). Columns 020 and 030 refer to funded and unfunded credit protection. Column 020 - Funded credit protection (CVA) Banks shall fill in the amount of funded credit protection according to article 59 of the regulation. For the financial collateral, banks may use only the financial collateral comprehensive method. For this reason, the collateral value in this column shall be presented as adjusted for volatility and maturity mismatch as set out in article 59 of the regulation. Credit linked notes shall be treated as funded credit protection according to article 90, paragraph 2. Column 030 - Unfunded credit protection: Adjusted values (G*) Following the general rule for “inflows” and “outflows”, the amounts reported under this column shall appear as “inflows” in the corresponding credit risk form (CR SA) and in exposure class to which the reporting bank allocates the protection provider (i.e. the third party to which the tranche is transferred by means of unfunded credit protection). The bank shall report the value of unfunded credit protection, adjusted for currency mismatch (G*), according to article 91, paragraph 1 of the regulation. Column 040 - Notional amount retained or repurchased of credit protection Banks shall report in this column the notional amounts of credit protection that the originator as the collateral purchaser, retains or repurchases from collateral providers. The effects of volatility adjustments, as set out in articles 58 and 59 of the regulation, shall not be taken into account when calculating the retained or repurchased value of the credit protection. Column 050- Securitisation positions: Original exposure pre conversion factors Banks shall report the book value of securitised individual positions, calculated in accordance with article 103, paragraphs 1 and 2, without applying any value adjustments or provisions and conversion factors, and without applying any nonrefundable purchase price discounts of securitized exposures, as defined in article 103, paragraph 1, letter “d” and without applying value adjustments or provisions for securitization positions. The originator that uses the synthetic securitisation in the form of balance sheet items and/or “investor’s interest”, shall calculate the position according to columns 010-020-030+040. Thus the exposure value shall be filled in after taking into consideration inflows and outflows as a result of credit protection used for segmenting (trancheing). Netting shall only be relevant with respect to multiple derivative contracts provided to the same SSPE. Column 060 - Value adjustments and provisions The amount of value adjustments and provisions for on-balance sheet and off-balance sheet items is completed only for securitization positions, in accordance with article 103 of the regulation. Value adjustment for securitized exposures shall not be considered.
207 Column 070 - Net value of exposures (after value adjustments and provisions) This column shall include the exposure values of securitisation positions calculated in accordance with article 103, paragraphs 1 and 2, net of value adjustments and provisions, without applying conversion factors and gross of any non-refundable purchase price discounts on the securitised exposures as referred to in article 103, and net of value adjustments and provisions on the securitisation position. Exposures’ net value is calculated as the difference between columns 050 and 060, without applying conversion factors. Columns 080 – 110 - Credit risk mitigation techniques with substitution effects on the exposure Banks will report in columns 080-110 information on credit risk mitigation techniques that mitigate credit risk, as a result of substitution effect on exposure, with the risk weight for the protected part being substituted with the risk weight of the collateral (which means collateral provider). Collateral that has an effect on the exposure value (e.g. if used for credit risk mitigation techniques with substitution effects on the exposure) shall be capped at the exposure value. Column 080 - Unfunded credit protection: adjusted values (Ga) Banks shall report the value of unfunded credit protection, adjusted for maturity mismatch and currency, in accordance with articles 90 to 92 of the regulation. Column 090 - Funded credit protection Funded credit protection, as defined in article 4, letter “b”, point 25 of the regulation and as referred to in article 104, paragraph 2 and as regulated in articles 49, 68 and 77 of the regulation. For the financial collateral, this column shall be reported only by banks that use the financial collateral simple method, in accordance with articles 53-56 of the regulation. Credit linked notes and on-balance sheet netting agreements as referred to in article 90, paragraph 2 and article 70 of the regulation shall be treated as cash collateral. Column 100 - Total outflows Articles 54 and 95 of the regulation. The collateralized amount is filled for each of the roles that a bank has in the securitization (originator, investor, etc.). Outflows shall correspond to the covered portion of the column “Net value of exposures (after value adjustments and provisions)” that is deducted from the obligor/borrower’s exposure class (and where relevant, the risk weight or credit quality step of the obligor) and subsequently assigned to the protection provider’s exposure class (and where relevant, risk weight or credit quality step of the obligor). The same amount will be filled in as an inflows for the same role (originator, investor and sponsor) into the protection provider's exposure class (and where relevant, the risk weight or credit quality step of the obligor).
208 Column 110 - Total inflows Securitisation positions which are debt securities and are used as eligible financial collateral in accordance with article 49, paragraph 1 of the regulation and where the financial collateral simple method is used, shall be reported as inflows in this column. Column 120 - Net exposure after substitution effects as a result of credit risk mitigation, pre conversion factors This column shall include the exposures assigned in the corresponding exposure class and risk weight, after taking into account inflows and outflows, as a result of credit risk mitigation techniques with exposure’s substitution effect, which is calculated by deducting the total amount in column 100 from column 070 and adding the amount from column 110 (070-100+110). Column 130 - Credit risk mitigation techniques affecting exposure value: funded credit protection, under the financial collateral comprehensive method adjusted value Articles 58-67 of the regulation. The reported values should also include credit linked notes. Column 140 - Fully adjusted exposure value (E*): calculated as (120 – 130) In this column should be reported the exposure value of securitisation positions, calculated in accordance with article 103, but without applying the conversion factors laid down in letter “b” of paragraph 1 of article 103. Column 150 - Of which: subject to a conversion factor of 0% Article 103, paragraph 1, letter “b”. For reporting purposes, fully adjusted exposure values (E*) shall be reported for the 0% conversion factor. Columns 160 - Non-refundable purchase price discount In accordance with article 103, paragraph 1, letter “d” of the regulation, an originator bank may deduct from the exposure value of a securitisation position which is assigned a 1250 % risk weight, any non-refundable purchase price discounts connected with such underlying exposures, to the extent that such discounts have caused the reduction of regulatory capital. Columns 170 - Specific credit risk adjustments on underlying exposures In accordance with article 103, paragraph 1, letter “d” of the regulation, an originator bank may deduct from the exposure value of a securitisation position, which is assigned a 1250 % risk weight or is deducted from common equity tier 1, the amount of the specific credit risk adjustments on the underlying exposures as determined in accordance with article 9 of the regulation.
209 Columns 180 - Exposure value In this column shall be reported the exposure value, calculated in accordance with article 103 of the regulation. Column 190 - Exposure value that is deducted from the regulatory capital In accordance with article 99, paragraph 1, letter “b”, article 100, paragraph 1, letter “b” and article 108, paragraph 1 of the regulation, shall be reported the value of the securitized positions, which have been assigned a risk weight of 1250%, which the bank does not include in the amount of risk-weighted exposures, but deducts from the regulatory capital, according to the regulation “On the bank's regulatory capital”. Column 200 - Exposure value subject to risk weights Banks fill in this column the exposure value, calculated as the difference between columns 180 and 190. Columns 210 – 420 - Breakdown of exposures subject to risk weighting according to risk weights The reporting is based on the provisions of article 114 of the regulation. For the securitization positions for which a derived assessment can be used, as provided in article 109, paragraph 2 of the regulation, the external ratings based approach (SECERBA) is used and they are reported as rated positions. Exposures subject to risk weighting will be divided into credit quality steps, according to short-term credit assessment and long-term credit assessment, according to the provisions in table 13 and 14 of article 114 of the regulation. Column 430 – Risk-weighted exposure value In this column is filled in, the total risk-weighted amount, calculated in accordance with subchapter II of chapter V of the regulation, as the sum of the products of the individual exposures from columns 210-420 and the corresponding risk weights, before maturity mismatches or prudential adjustments, and excluding any risk-weighted exposures corresponding to redistributed exposures through outflows in other forms. Columns 440 – 480 – Risk-weighted exposure amount: Breakdown by the reason for applying the SEC-ERBA method For each securitization position, the bank must consider one of the options set out in columns 440-480. Column 440 - Auto loans, auto leasing and equipment leasing The reporting will be based on the requirements of article 109, paragraph 2, letter “b” of the regulation. All auto loans, auto leasing and equipment leasing must be reported in this column, even if they qualify in the provisions of article 109, paragraph 2, letter “a” of the regulation.
210 Column 450 – The option of applying the SEC-ERBA method The reporting is based on the requirements of article 109, paragraph 3 of the regulation. Column 460 - Positions according to article 109, paragraph 2, letter "a" of the regulation The reporting is based on the requirements of article 109, paragraph 2, letter “a” of the regulation. Column 470 - Positions according to article 109, paragraph 4 of the regulation In this column, securitization positions are reported, in cases where the Bank of Albania may not allow the bank to apply the standardized method (SEC-SA), according to article 109, paragraph 4 of the regulation. Column 480 - Use of hierarchy of methods Securitization positions where the application of the SEC-ERBA method is based on following the hierarchy of methods, according to the provisions of article 109, paragraph 1 of the regulation. Column 490 - Of which: Synthetic securitization For synthetic securitizations with maturity mismatches, the amount to be reported in this column does not consider maturity mismatches. Column 500 - Adjustments to the risk-weighted exposure amount due to maturity mismatches Maturity mismatches for synthetic securitizations RW*-RWSP, between the credit protection through which the risk transfer is achieved and the securitized exposures, are calculated in accordance with article 107 of the regulation. Risk-weighted exposure value adjustments for maturity mismatches are included in this column, except where segments (tranches) are subject to a risk weight of 1250%, where the amount to be reported is 0. The RWSP amount includes not only the amount of risk-weighted exposures reported under column 430, but also includes the amounts of risk-weighted exposures corresponding to exposures distributed through outflows in other forms. Column 510 - Adjustments of the exposure amount when the bank does not meet the requirements provided for in sub-chapter III of chapter V of the regulation In accordance with article 119 of the regulation, when the bank does not meet the requirements provided for in subchapter III of chapter V of the regulation, the Bank of Albania may proportionally set an additional risk weight of not less than 250% of the risk weight, but not higher than 1250%, which will be applied to the corresponding securitization position, in the manner defined in chapter V of the regulation. Column 520 - Risk-weighted exposure amount before applying the risk weight cap The total amount of risk-weighted exposures for securitized positions, calculated in accordance with subchapter II of chapter V of the regulation, before the application of the restrictions specified in article 115 and 116 of the regulation.
211 Column 530 – Reductions due to risk weight cap In accordance with article 115 of the regulation, a bank which has knowledge at all times of the composition of the underlying exposures, shall assign to the senior securitization positions, a maximum risk weight equal to the weighted average risk weight of the exposures that would be applied to the underlying exposures, as if these underlying exposures had not been securitized. Column 540 – Reductions due to capital requirement cap In accordance with article 116 of the regulation, an originating bank or a sponsor using the standardized approach (SEC-SA) or the external ratings based approach (SEC-ERBA) may apply a maximum capital requirement for the securitization position, equal to the capital requirement that would be calculated in accordance with chapter III of the regulation, in relation to the underlying exposures, if these underlying exposures were not securitized. Column 550 – Total risk-weighted exposure amount This column reports the total amount of risk-weighted exposure, calculated in accordance with the requirements of subchapter II of chapter V of the regulation, considering the total risk weight defined in article 102, paragraph 6 of the regulation. Column 550 is calculated by subtracting from column 520, columns 530 and 540 (520- 530-540). Column 560 - Memorandum item: total risk-weighted exposure amount corresponding to outflows from securitization to other exposure classes This column reports the amount of risk-weighted exposures derived from exposures redistributed to the credit mitigation provider, that are reported in the relevant form and that are considered in the calculation of risk weight cap for the securitization positions. Banks shall report securitization exposures by column and analyse the fields covered by such activity in rows according to the assumed role in the securitisation. 2.3.3 Content of the rows The CR SEC ERBA form contains 39 rows. The first 15 rows (010-0150) are divided into three main groups, which collect data on exposures originated/sponsored/held or purchased by originators, investors and sponsors. For each of them, the information will be divided into balance sheet items, off-balance sheet items and derivatives, as well as if the exposure is a re-securitization. Rows 010-0150 Rows 010-0150 of the CR SEC ERBA form shall be completed in the same manner as explained in section 2.2.3 “Content of the rows” of these instructions, for the manner of filling in the corresponding rows of the CR SEC SA Form.
212 Rows 0160 – 0390 - Breakdown of exposures subject to risk weights by risk classes These rows summarize information on the current positions (outstanding positions) on the reporting date, for which a credit risk assessment has been assigned according to the credit quality steps, provided for in Tables 13 and 14 of article 114 of the regulation, on the date of origination. These rows will be filled in for columns 180-480. Banks, which have investments in securitization, in this form will fill only the cells coloured in yellow. 3 Capital requirements for market risk 3.1 Form MKR SA TDI – Position risks in traded debt instruments 3.1.1 General provisions Form MKR SA TDI contains information on the position and capital requirements for position risk (general and specific) for debt securities held in the trading book, as part of capital requirements for market risk. Banks shall fill this form out separately for the major currencies (ALL, EUR, USD), for all the other currencies (excl. major ones) in which they have positions in these instruments in the trading book and in total (for both major and other currencies). Banks shall write the currency symbol in the field “Currency”. The rows of the table consider the following approaches implemented for calculating the capital requirement. General risk: maturity-based approach General risk: duration-based approach Specific risk Specific risk for positions in CIU Non-delta (gamma and vega) risks related to options Banks shall not fill out the fields in red. This form shall be reported semi-annually. 3.1.2 Content of the columns This form has 9 columns, as follows:
213 Columns 010 and 020 - All positions (long and short) In columns 010 and 020, banks shall fill in gross positions, without taking into consideration netting agreements and positions derived from the underwriting of debt securities, from third parties in accordance with article 167 of the regulation. Columns 030 and 040 - Net positions (long and short) Column 030 (net long position) and column 040 (net short position) refer to the net position (long or short), in accordance with article 146 of the regulation. Banks shall calculate the net position as the difference between the long/short position and short/long ones in financial instruments of the same type. Banks shall report the value of the net position, i.e. the offsetting position for each maturity band. Column 050 - Net positions subject to capital charge This column refers to weighted positions, subject to capital charge, calculated under the approaches reflected in the rows of this form. For the maturity-based approach, these positions are reflected in article 155, letter “c”, whereas for the duration-based approach they are reflected in article 156, letter “d” of the regulation. Column 060 - Capital requirements Banks shall calculate the capital requirement for each of the approaches reflected under the rows of this form as well as the total capital requirement. The total capital requirement, which is reflected in row 010 “Traded debt instruments in trading book”, is the sum of the capital requirement for the general risk (reflected in row 020 of the same column in case the bank uses the maturity based approach or in row 210, in case the bank uses the duration-based approach) and of the capital requirement for the specific risk (reflected in row 250, where the value in this row is the sum of rows 251, 325 and 326), as well as adding the amounts reported in rows 340 and 350. 3.1.3 Content of the rows In the rows of this form, the banks shall report positions in debt securities and respective capital requirements based on the category of risk, maturity and approach used. Rows 012-013 These rows shall be filled out for only the first two columns of the form and shall contain information on the initial gross positions from derivatives on interest rates and debt securities (in accordance with article 147 of the regulation) and other assets and liabilities, whose value depends on the dynamics of the interest rate. Rows 020 - 200 - General risk: Maturity based approach In these rows, the banks shall report the positions in debt securities in accordance with article 155, paragraph 1, letter “a” of the regulation. Thus, banks assign net positions to each of the appropriate maturity bands (see table 22 of the regulation), based on the residual maturity for fixed-rate debt securities and the residual period until next interest rate fixing, for variable-rate debt securities, hence distinguishing between coupons of 3% and higher than 3%.
214 Rows 210 - 240 - General risk: Duration-based approach In these rows, the banks shall report positions in debt securities in accordance with article 156, paragraph 1, letter “a” and “b” of the regulation, based on the duration of each instrument. Row 250 - Specific risk In this row, in column 060, banks shall report the capital requirement for specific risk (see explanation for column 060). In this row, from column 010 to column 040, banks shall report positions in debt securities subject to capital requirement for specific risk, as the sum of rows 260-321. Row 251 - Capital requirement for unsecuritised debt instruments In this row, banks shall report the capital requirement for specific risk on debt securities, as an aggregate of capital requirements for four categories of debt securities, set out in rows 260 - 320, and rated nth to default credit derivatives, set out in row 321. In calculating capital requirement, bank shall also consider the reductions in capital resulting from hedging of positions with credit derivatives, in accordance with article 151 of the regulation. Row 325 - Capital requirement for securitisation positions This row refers to article 153, paragraph 6 of the regulation. In this row, banks shall report securitised exposures in columns 010-040, and the capital requirement in column 060. Row 341 - Particular approach for position risk in CIUs This row refers to the position risk for investments in CIUs, calculated in accordance with article 161 of the regulation. In this row, banks shall register positions in CIU by individual columns 010-040 and the capital requirement for column 060. The capital requirement for positions in CIU is calculated as 32% of the net position in CIU investments. If a bank calculates the capital requirement for the foreign exchange risk in CIU investments, the capital requirement will be the lowest between the 32% of the net position and the difference between the 40% of the net position and the capital requirement for the exchange rate risk calculated for these positions. Rows 350-380 - Additional charge for options, non-delta risks Row 350 - Additional charge for options (non-delta risks) represents the amount of the capital requirement reflected in the following rows, 360-380. Row 360 – “Simple approach” represents the capital requirement calculated for those positions in debt securities options, specified in article 176 of the regulation. Row 370 – “Delta plus approach - additional charge for gamma risk” represents the capital requirement for gamma risk of the debt securities option, calculated in accordance with article 180, paragraph 3 of the regulation.
215 Row 380 – “Delta plus approach - additional charge for vega risk” represents the capital requirement for vega risk of the debt securities options, calculated in accordance with article 180, paragraph 5 of the regulation. Banks shall calculate risk-weighted exposures by multiplying the total capital requirement with 12.5 and the result is reflected in column 070, row 010. 3.2 Form MKR SA EQU – Position risk in equities 3.2.1 General provisions This form shall report information on the position risk and capital requirement for position risk (general and specific) related to equity securities held in the trading book, as part of the capital requirement for the market risk. Banks shall not fill in the fields in red. This form shall be reported semi-annually. 3.2.2 Content of columns This form has 7 columns, as follows: Columns 010 and 020 - Individual positions (long and short) In columns 100 and 200, banks shall fill in the gross positions, not taking into consideration netting agreements and the positions derived from the underwriting of financial instruments. Columns 030 and 040 - Net positions (long and short) The net position is the difference between the long/short positions and short/long ones in financial instruments of the same type. Banks shall report the value of the net position, i.e. the offset position for each maturity band. When filling out these columns, banks shall take into consideration the provisions of article 167, setting out the reduction factors - where applicable. Column 050 - Net positions subject to capital charge This column refers to the net positions subject to capital charge, calculated under the approaches reflected in rows 010-120 of this form. The total net position shall be calculated as the sum of positions from rows 010-120 of this form in the row “Equities in trading book”. Capital charge in % This column reports the weights with which net positions subject to capital charge are multiplied, to calculate the respective capital requirement.
216 Column 060 - Capital requirements Column 060 reports the capital requirement calculated as the multiplication of weights in column “capital requirement (in %)” and net positions subject to capital charges from column 050. The total capital requirement is the sum of capital requirements for rows 1- 6 of this form and reflected in row “Equities in trading book”. 3.2.3 Content of rows This form contains rows as follows: Row 020 - General risk The row “General risk” contains positions in equity securities, calculated in accordance with articles 159 and 160 of the regulation. In the individual rows 021 and 022, banks shall report positions pointed in columns 010-070. In row 020, they shall report the respective sums of rows 021 and 022. Row 030 - Exchange traded stock index futures broadly diversified, subject to particular approach Banks shall report in row 030 positions in equity securities and stock index futures, traded in recognised stock exchanges, and representing broadly diversified stock indices, subject to a particular approach, calculated in accordance with article 160 of the regulation. Row 040 - Other equities than those specified in row 030 Banks shall fill in row 040 with positions in equities other than exchange traded stockindex futures, traded in recognised stock exchanges, and representing broadly diversified stock indices, calculated in accordance with article 159 of the regulation. Row 050 - Specific risk Row “Specific risk” shows positions in equity securities subject to specific risk calculations, in accordance with articles 158 and 160 of the regulation. Row 080 - Particular approach for position risk in CIUs This row refers to the position risk of investments in CIUs, in accordance with article 161 of the regulation. In this row, banks shall register positions in CIUs by individual columns 010-040 and the capital requirement in column 060. Capital requirement for positions in CIUs is calculated as 32% of the net position in CIU investments. If a bank calculates the capital requirement for the exchange rate risk in CIU investments, the capital requirement will be the lowest between the 32% of the net position and the difference between the 40% of the net position and the capital requirement for the exchange rate risk calculated for these positions. Rows 090-120 - Additional charge for options, non-delta risks Row 090 - Additional charge for options (non-delta risks) represents the amount of the capital requirement reflected in the following rows, 100-120.
217 Row 100 – “Simplified method” represents the capital requirement calculated for those positions in debt securities options specified in article 176 of the regulation. Row 110 – “Delta plus approach - additional charge for gamma risk” represents the capital requirement for gamma risk of the debt securities options, calculated in accordance with article 180, paragraph 3 of the regulation. Row 120 – “Delta plus approach - additional charge for vega risk” represents the capital requirement for vega risk of the debt securities options, calculated in accordance with article 180, paragraph 5 of the regulation. Banks shall calculate risk-weighted exposures for this risk by multiplying the total capital requirement with 12.5 and the result is reflected in column 070, row 010. 3.3 Form CR TB SETT – Settlement risk 3.3.1 General provisions Form CR TB SETT contains information on transactions in the banking and trading book, which are still unsettled even after the settlement (value date) and on the capital requirement for the settlement risk in accordance with article 163 of the regulation. Banks shall report in this form, information on the settlement risk related to debt securities, equity securities, currency and commodities in the trading book and in the banking book. In the case of unsettled transactions after the settlement date (value date), banks shall calculate the difference at price, to which they are exposed. This is the difference between the agreed settlement price for the instrument and its actual price, when this difference results in loss for the bank. Banks shall multiply this difference with the respective factor in accordance with table 24 of the regulation. For transactions unsettled up to four days, the weighting factor shall be 0%. 3.3.2 Content of the columns This form contains the following columns: Column 010 - Unsettled transactions at settlement price In this column should be reported all DVP transactions at their settlement price, which result as unsettled after the value date, irrespective of whether they result in loss or profit after the settlement date. Column 020 - Price difference exposure due to unsettled transactions According to article 163 of the regulation, banks shall report in this column the difference between the agreed settlement price for the instrument and its actual price, when the difference results in a loss for the bank. Banks, therefore, shall report in this column only transactions resulting in loss after the settlement date (value date).
218 Column 030 - Capital requirements In this column, banks shall report the capital requirement for the settlement risk for DVP transactions, in accordance with article 163 of the regulation. Column 040 - Risk weighted exposures Banks calculate risk-weighted exposures for this risk, by multiplying the total capital requirement with 12.5 and the result is reflected in column 040, row 010. 3.3.3 Content of the Rows This table contains the following rows: Row 010 - Total unsettled transactions in the banking book Banks shall report in row 010, the aggregated information in relation to the settlement risk for transactions in the banking book. Banks shall report in cell 010/010 (row/column) the amount of unsettled transactions after the settlement date (value date) at the settlement price. Banks shall report in cell 010/020 (row/column) the amount of price difference, due to unsettled transactions resulting in loss. Banks shall report in cell 010/030 the aggregate capital requirement for transactions in the banking book. Rows 020 - 060 - Unsettled transactions In these rows, banks shall report transactions in the banking book subject to the settlement risk in accordance with the categories established in table 24 of the regulation. For transactions unsettled up to four days, the weighting factor shall be 0%. In the next rows, banks shall report the same information as in rows 010-060, but related to transactions in the trading book. 3.4 Form MKR SA COM - Commodity investment risk 3.4.1 General provisions Form MKR SA COM contains information on positions in commodities and the corresponding capital requirement for these positions, as part of the capital requirement for the market risk. Banks shall not fill in the fields in red. This form shall be reported semi-annually.
219 3.4.2 Content of the columns The template contains the following columns: Columns 010-020 - All positions - long and short Banks shall fill out gross long/short positions considering positions in the same commodity, in accordance with article 168, point 2 and 6 of the regulation. Columns 030-040 - Net positions Banks shall fill out the net position, in accordance with article 168, point 5. Column 050 - Positions subject to capital charge Banks shall fill out positions subject to capital charge in accordance with the methodology set out in article 168 of the regulation. Column 060 - Capital requirements Banks shall report capital requirements for commodity risk, in accordance with article 168 of the regulation. Column 070 - Risk weighted exposure Banks calculate risk-weighted exposures for this risk by multiplying the total capital requirement with 12.5 and the result is reflected in column 070, row 010. 3.4.3 Content of rows The template has rows, as follows: Row 010 - Total positions in commodities Banks shall fill in positions in commodities and the corresponding capital requirement. Rows 020-060 - Positions by commodity classes For reporting purposes, banks shall group the commodities in the following four classes: Precious metals (except gold) Base metals (zinc, copper, etc.) Agricultural products (softs) Other Row 070 - Maturity ladder approach Banks shall fill in positions in commodities, subject to the maturity ladder approach, in accordance with article 172 of the regulation.
220 Row 090 - Simplified approach: All positions Banks shall fill in positions in commodities, subject to the maturity ladder approach, in accordance with article 171 of the regulation. Rows 100-130 - Additional charge for options, non-delta risks Row 100 - Additional charge for options (non-delta risks) represents the amount of the capital requirement reflected in the following rows, 110-130. Row 110 – “Simplified method” represents the capital requirement calculated for those positions in commodities options specified in article 176 of the regulation. Row 120 – “Delta plus approach - additional charge for gamma risk” represents the capital requirement for gamma risk of commodities options, calculated in accordance with article 180, paragraph 3 of the regulation. Row 130 – “Delta plus approach - additional charge for vega risk” represents the capital requirement for vega risk of commodities options, calculated in accordance with article 180, paragraph 5 of the regulation. 3.5 Form MKR SA FX - Foreign exchange risk 3.5.1 General provisions The calculation of the capital requirement for the foreign exchange risk refers to provisions in the regulation “On the open foreign exchange positions risk management” and articles 173 and 174 of the regulation, as part of the capital requirement for market risk. Banks shall not fill in the fields in red. This table shall be reported semi-annually. 3.5.2 Reporting the net foreign currency position This table has 13 columns (010-100), of which three are not open for entering data (060-090). Banks shall first fill in columns 020 and 030, for rows 130 – “Euro” to row 410 – “other currencies”. Positions that banks shall fill out in these cells are related to the ALL equivalent of positions reported in form 32 of the URS, except for Gold positions. Banks shall fill out the long and short positions (columns 020 and 030 of the form) for rows from 130 - EUR to 400 - Norwegian Corona, based on form 32 of the URS as follows:
221 Long positions for each currency = sum of the spot position (long) + forward position (long) + long options position. Short positions for each currency = sum of the spot position (short) + forward position (short) + short options position. In cells 020/410 (column/row) and 030/410 (column/row), banks shall report positions deriving from investments in CIUs, which shall be treated as separate currencies, in accordance with article 174. The sum of rows 130-410 in column 020, which represents long positions, shall be filled out in cell 020/030 (column/row) - All other currencies (including CIUs positions in separate currencies). The sum of rows 130-140 in column 030, which represents short positions, shall be filled out in cell 030/030 (row/column) - All other currencies (including CIUs positions in separate currencies). Banks shall fill out cell 020/040 (column/row) long and short positions and in cell 030/040 referring to the value reported in form 32 of the URS. Banks shall fill out the net position for each currency (columns 040 and 050), for rows 130-140 as a difference between the long and short position for each currency. The difference refers to column 10 of form 32 of the URS. The total sum of net long positions for rows 130-410 shall be filled out in cell 040/030 (column/row) - All other currencies (including CIUs positions in separate currencies). The total sum of net short positions for rows 130-410 shall be filled out in cell 050/030 (column/row) - All other currencies (including CIUs positions in separate currencies). Banks shall fill out in row 040, columns 040 and 050, the net positions (long and short) in Gold. 3.5.3 Reporting capital requirement for open foreign currency net position Banks shall calculate the net long foreign exchange position of the bank in all currencies as a sum of rows 030 and 040 in column 040. Banks shall calculate the net short foreign exchange position of the bank in all currencies as a sum of rows 030 and 040 in column 050. The highest value between the positions, as described above, constitutes the bank's net foreign exchange position. When the net foreign exchange position value is higher than 2%, the banks shall calculate the capital requirement by weighting this position by 8%. The capital requirement shall be filled out in column 090, in rows 030 and 040. 3.5.4 Other risks In the calculation of total capital requirement for the foreign exchange risk, banks shall include also the capital requirement for non-delta risks related to foreign exchange options in the trading book.
222 This requirement shall be reported in rows 050-080 of the form, by column 090. Row 050 - Additional charge for options (non-delta risks) represents the amount of the capital requirement reflected in the following rows, 060-080. Row 060 – “Simplified method” represents the capital requirement calculated for those positions in foreign exchange options specified in article 176 of the regulation. Row 070 – “Delta plus approach - additional charge for gamma risk” represents the capital requirement for gamma risk of foreign exchange options, calculated in accordance with article 180, paragraph 3 of the regulation. Row 080 – “Delta plus approach - additional charge for vega risk” represents the capital requirement for vega risk of foreign exchange options, calculated in accordance with article 180, paragraph 5 of the regulation. 3.5.5 Capital requirement Banks shall calculate the total capital requirement for the foreign exchange risk in column 090, row 010 as the sum of capital requirements for foreign exchange positions (row 030 + row 040) and the capital requirement for non-delta risk options (row 050). Banks shall calculate risk-weighted exposures for this risk by multiplying the total capital requirement with 12.5 and the result is reflected in column 100, row 010. 3.6 Form MKR SA SEC- Standardised approach for specific risk in securitisations 3.6.1 General provisions This form presents information on the positions (all/net and long/short) and on the corresponding capital requirements, for the specific risk element in securitizations/resecuritizations, which are held in the trading book (which are not eligible for the trading correlated portfolio), according to the standardized method. This form presents the capital requirement only for the specific risk of securitization positions, in accordance with article 152/1 of this regulation, related to article 153/1. In cases where the securitization positions of the trading book are hedged by credit derivatives, articles 149 and 151 of this regulation apply. The capital requirement for the general risk of these positions is reported on the MKR SA TDI form. Positions which are weighted with a risk weight of 1250% may, as an alternative, be deducted from Common Equity Tier 1 Capital (see point “b” of article 99/1, point “b” of article 100/1 and article 108 of regulation). In these cases, the above positions are reported in row “1.1.1.13” of Annex 1 of regulation “On the bank’s regulatory capital”.
223 3.6.2 Content of the columns This form contains 49 columns, with the following content: Columns 0010 - 0020 - All positions (long and short) These positions are reflected in article 138 and article 142, paragraph 1 of the regulation, together with article 153/1 of the regulation (securitization positions). Columns 0030 – 0040 – Positions deducted from capital (long and short) According to article 99, paragraph 1, letter “b”; article 100, paragraph 1, letter “b” and article 108 of the regulation. Columns 0050 – 0060 – Net positions (long and short) According to articles 146, 147 and 152 of the regulation. Columns 0061 – 0104 – Breakdown of net positions according to risk weights According to articles 114 (Tables 13 and 14) and 109 of the regulation. The division is carried out separately for long and short positions. Columns 0403 – 0406 – Breakdown of net positions according to approaches According to article 109 of the regulation. Column 0403 – SEC - SA According to article 113 of the regulation. Column 0404 – SEC - ERBA According to article 114 of the regulation. Column 0406 – Other (Risk weight = 1250%) According to article 109, paragraph 6 of the regulation. Columns 0530 - 0540 - General effect (adjustment) when the bank does not meet the requirements provided for in chapter V/subchapter III of the regulation According to article 119 of the regulation. Column 0570 – Before the cap According to article 153/1 of the regulation, without considering the possibility of choice presented by article 152/1 of the regulation, which allows the bank to set a cap on the capital requirement for the specific risk of a net position in a debt instrument, considering the largest possible loss associated with the default risk.
224 Column 0601 – After the cap / total capital requirements According to article 153/1 of the regulation, taking into consideration the possibility of choice presented by article 152/1 of the regulation. 3.6.3 Content of the rows This form contains 11 rows with the following content: Row 0010 – Total exposures This row contains the total amount of outstanding securitizations and re-securitizations (held in the trading book), which are reported by the bank that has the role(s) of originator, investor or sponsor. Rows 0040, 0070 and 0100 – Securitization positions According to article 4, letter “c”, point 47 of the regulation. Rows 0020, 0050, 0080 and 0110 – Re-securitization positions According to article 4, letter “c”, point 45/4 of the regulation. Rows 0030 – 0050 – Originator According to article 4, letter “c”, point 48 of the regulation. Rows 0060 – 0080 - Investor According to article 4, letter “c”, point 55 of the regulation. The bank that holds a securitization position in a securitization transaction for which it is neither the originator nor the sponsor, nor the original lender. Rows 0090 – 0110 – Sponsor According to article 4, letter “c”, point 49 of the regulation. A sponsor that also securitizes its own assets will complete the originator rows with information about its own securitized assets. 3.7 Form MKR SA CTP - Standardised approach for specific risk in the correlation trading portfolio 3.7.1 General provisions This form presents information on the positions of the correlation trading portfolio (CTP) (which includes securitization positions, nth-to-default credit derivatives and other CTP positions, included in accordance with article 153/2, paragraph 3 of the regulation) and that meet capital requirements under the standardized approach.
225 The MKR SA CTP form presents capital requirements only for specific risk positions that are assigned to CTP, in accordance with article 152/1 of the regulation, together with paragraphs 2 and 3 of article 153/2 of the regulation. In case the CTP positions of the trading book are hedged by credit derivatives, articles 97, 98 and 151 of the regulation shall apply. There is only one form for all CTP positions of the trading book, regardless of the method banks use to determine the risk weight for each of the positions, in accordance with Chapter V of the regulation. The capital requirements for the general risk of these positions are reported on the form MKR SA TDI – Debt Securities Position Risk. This form separates securitization positions, nth-to-default credit derivatives and other CTP positions. Securitization positions are always reported on rows 0030, 0060 or 0090 (depending on the bank’s role in the securitization). Nth-to-default credit derivatives are always reported in row 0110. “Other CTP positions” are positions that are neither securitization positions nor nth-to-default credit derivatives (see article 153/2, paragraph 3 of the regulation), but are explicitly “linked” to one of these two positions (due to the hedging intent). Positions weighted with a risk weight of 1250% may alternatively be deducted from Common Equity Tier 1 Capital (CET1) (see article 99, paragraph 1, letter “b”; article 100, paragraph 1, letter “b” and article 108 of the regulation). In this case, these positions are reported in row “1.1.1.13” of Annex 1 of regulation “On the regulatory capital of the bank”. 3.7.2 Content of the columns This form contains 36 columns with the following content: Columns 0010 - 0020 - All positions (long and short) According to article 138 and article 142, paragraph 1 of the regulation, together with paragraphs 2 and 3 of article 153/2 of the regulation (positions assigned to the correlation trading portfolio). Columns 0030 – 0040 - Positions deducted from capital (long and short) According to article 108 of the regulation. Columns 0050 – 0060 - Net positions (long and short) According to articles 146, 147 and 152 of the regulation. Columns 0071 – 0097 - Breakdown of net positions according to risk weights According to articles 114 (Tables 13 and 14) and 108 of the regulation. Columns 0403 – 0406 – Breakdown of net positions according to approaches According to article 109 of the regulation. Column 0403 – SEC - SA According to article 113 of the regulation.
226 Column 0404 – SEC - ERBA According to article 114 of the regulation. Column 0406 – Other (Risk weight = 1250%) According to article 109, paragraph 6 of the regulation. Columns 0410 - 0420 – Before the cap – Weighted net long/short positions According to article 153/2 of the regulation, without taking into consideration the possibility of the choice presented by article 152/1 of the regulation. Columns 0430 - 0440 – After the cap – Weighted net long/short positions According to article 153/2 of the regulation, taking into consideration the possibility of the choice presented by article 152/1 of the regulation. Column 0450 – Total capital requirement The capital requirement is defined as the greater value between: (i) the specific risk weight that would apply only to the net long positions (column 0430) and (ii) the specific risk weight that would apply only to the net short positions (column 0440). 3.7.3 Content of the rows This form contains 12 rows with the following content: Row 0010 – Total exposure This row contains the total amount of outstanding positions (held in the correlation trading portfolio), which shall be reported by the bank that has the role of originator, investor or sponsor. Rows 0020 – 0040 - Originator According to article 4, letter “c”, point 48 of the regulation. Rows 0050 – 0070 - Investor According to article 4, letter “c”, point 55 of the regulation. The bank that holds a securitization position in a securitization transaction for which it is neither the originator nor the sponsor, nor the original lender. Rows 0080 – 0100 – Sponsor According to article 4, letter “c”, point 49 of the regulation. A sponsor that also securitizes its own assets will complete the originator rows with information about its own securitized assets.
227 Rows 0030, 0060 and 0090 – Securitization positions The correlation trading portfolio includes securitizations, nth-to-default credit derivatives and possibly other hedging positions, which fulfill the criteria defined in paragraphs 2 and 3 of article 153/2 of the regulation. Derivatives of securitization exposures, which provide a pro-rata share, as well as positions hedging CTP positions, are included in the row “Other CTP positions”. Row 0110 – Nth–to-default credit derivatives Nth-to-default credit derivatives, which are protected by nth-to-default credit derivatives, in accordance with article 149, paragraph 3 of the regulation, are both reported in this row. The originator, investor and sponsor of the positions are not eligible for nth–to-default credit derivatives. As a result, the breakdown to which securitization positions are subject cannot be provided for nth-to-default credit derivatives. Rows 0040, 0070, 0100 and 0120 – Other CTP positions This row includes the following positions: • Derivatives of securitization exposures, which provide a pro-rata share, as well as positions hedging CTP positions; • CTP positions hedged by credit derivatives, in accordance with article 151 of the regulation; • Other positions, which fulfill the requirements of paragraph 3 of article 153/2 of the regulation. 4 Capital requirement for operational risk 4.1 Form OPR - Operational risk 4.1.1 General provisions This form is used to report on the capital requirements for operational risk under the Basic Indicator Approach, the Standardised Approach, and the Advanced Standardised Approach. Banks shall report only that part of the form that refers to calculations for the selected approach to calculate the capital requirement. Banks shall not fill in the fields in red. This form shall be reported at the end of every year.
228 4.1.2 Basic Approach To report the capital requirement according to this approach, banks shall report in columns 010-030 the net income from banking activity for the last three years calculated in accordance with article 184, paragraph 1, 2 and 3. (Years: T-3, T-2, T-1, where T is the actual reporting year). Banks shall report the capital requirement in cell 070/010 (column/row), calculated in accordance with article 184, paragraph 4. Banks calculate risk-weighted exposures for this risk by multiplying the total capital requirement with 12.5 and the result is reflected in cell 071/010. 4.1.3 Standardized Approach To report the capital requirement according to the standardized approach, banks shall fill in rows 030-100, in columns 010-030, the net income from banking activity for the last three years in accordance with article 185 (table 30) of the regulation. Banks shall report the capital requirement in cell 070/020, calculated in accordance with article 185, paragraph 1. 4.1.4 Advanced Standardized Approach Rows 110 and 120, in columns 040-060 are related to specific reporting requirements according to the advanced standardized approach. In these rows, banks shall report the alternative indicator for both business rows, Commercial Banking and Retail Banking, in accordance with article 185, paragraphs 2 and 3. Banks shall report the capital requirement in accordance with this approach in cell 070/020. 5 Form CAR - Capital Adequacy Ratio This form is used to reflect the calculation of the capital adequacy ratio by banks. The form shall be reported quarterly.
229 ANNEX 8 149
149 Repealed by the Decision No. 34, dated 2.5.2018 of the Supervisory Council of the Bank of Albania.