2022-05-17
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The Reserve Bank of New Zealand proposes new prudential regulations for non-bank deposit takers to enhance financial system soundness and depositor confidence. The framework mandates a maximum 15 percent limit on aggregate related party exposures relative to tier one capital and establishes a minimum capital ratio requirement based solely on tier one capital. These measures aim to simplify compliance while ensuring adequate capital buffers against credit risks and related party abuses.
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DRAFT NBDT
POLICIES:
Related Party Requirements and
Minimum Capital Ratio Requirements
The Reserve Bank invites submissions on this Consultation Paper by 9th of February
2009. Submissions and enquiries about the consultation should be addressed, in the
first instance, to:
Ian Woolford
Manager, Financial System Policy
Prudential Supervision Department
Reserve Bank of New Zealand
PO Box 2498
Wellington 6140
Email: woolfordi@rbnz.govt.nz
Please note that submissions may be published. If you think any part of your submission should properly be withheld on the grounds of commercial sensitivity or for any other reason, you should indicate this clearly. December 2008
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NBDT Consultation Document:
Related Party Requirements and Capital Adequacy Requirements
1 The September 2007 Cabinet paper is a useful summary of earlier thinking, and can be found at http://www.rbnz.govt.nz/finstab/nbdt/3116779.pdf
Ref #3517065 v1.0 against a measurement framework), that no minimum dollar capital requirement be put in place at this time, and that the threshold for an exemption from the requirement to hold a credit rating be raised.
7. In the light of concerns about the compliance cost of credit ratings on small-tomedium sized NBDTs the Reserve Bank has done further work. The original
intention for a $10 million exemption threshold recognised the compliance cost impact on very small NBDTs. We still see ratings, and the transparency they can bring, as a core component of the regime in the long term, but think moving the threshold up to 20 million dollars would provide significant relief for a material number of small NBDTs. The Reserve Bank expects to issue a consultation paper on draft policies for credit rating regulations early next year.
8. In coming to these recommended refinements, we have tried to balance a relatively
simple rules-based approach (by removing complexity from the Basel capital framework by simplifying where possible) with the desire to enable diversity of risk and return in the NBDT sector. But of course, no matter where a NBDT wishes to position itself on the risk spectrum, it should have adequate capital to support that position. Moreover, both of these proposed policy changes are consistent with principles laid out in the Act, particularly that the intention is not to eliminate risk; that depositors are provided with enough information to distinguish between low-risk and high-risk deposit takers; and the need to avoid unnecessary compliance costs. Key matters and principles to take into account in recommending regulations
9. Under section 157F, the Reserve Bank must take into account a number of principles
in recommending regulations to the Minister under Part 5D of the Act:
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2. PROPOSED RELATED PARTY REQUIREMENTS
2.1 Overview of Related Party Requirements
13. Related counterparties are entities linked via collective or common ownership,
financial linkages or interdependency, or generally whereby one party significantly influences the other such that the deposit taker is less able to pursue its own independent interest.
14. Relationships with related parties can be abused especially if the related party is
accorded preferential treatment. This could take the form of exposures where related parties extract benefits from the relationship that would not otherwise be available, or offered, if there was no connection in the first place. Moreover, there may be a tendency on the part of the deposit taker to be less rigorous or robust in terms of credit decisions and monitoring in such situations. One of the main policy concerns is that such behaviour could lead to an erosion of the deposit taker’s capital base and undermine public confidence.
15. The proposed scope of related party regulation includes:
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Ref #3517065 v1.0 exposures alone, the related party regime for NBDTs, just like that for banks, will be focused on credit exposures.
23. Credit exposure means the amount of maximum loss that a party to a contract
could incur as a result of the counterparty to that contract failing to discharge its obligations, without taking into account the value of collateral, guarantees, indemnities, other support arrangements, and any potential recoveries. We propose that credit exposure be defined to include the credit-equivalent value of guarantees, standby lines and other legal obligations to commit funds and that it be measured net of any allowances for impairment. Advances of a capital nature will not be counted as a related party exposure as they will be deducted directly from capital. The inclusion of the credit equivalent value of off-balance sheet exposures in the calculation of credit exposures, and the deduction of advances of a capital nature from tier 1 capital, are consistent with the capital measurement framework. Limit
24. Registered banks are subject to a rating-contingent framework where the limit on
aggregate connected exposure to related parties ranges from 75 percent to 15 percent of tier 1 capital, according to the bank’s credit rating. A simplified approach consisting of a single maximum limit on aggregate exposure is proposed for NBDTs.
25. In practice, if an NBDT holds a high proportion of tier 1 capital in gross exposure
to a related counterparty that fails or gets into difficulty, the NBDT itself would be at grave risk of failure. The limit should therefore be set at a low enough level to take into account the likely impact on tier 1 capital of the exposed entity, of a related party failure. In terms of calibrating the limit compared to the ratingsbased framework for banks, a cap set at 15 percent of tier 1 capital for related party exposures appears prudent in view of the fact that a large majority of NBDTs are unrated and in the banking regime, aggregate exposure to non-bank related parties is likewise capped at 15 percent.
26. It is proposed that a limit on aggregate credit exposures of the deposit taker or the
borrowing group to all related parties must be specified in the trust deed and fixed by agreement between the deposit taker and the trustee, provided it does not exceed a maximum limit of 15 percent of tier 1 capital.
27. Where a deposit taker is part of a borrowing group, the maximum limit on
aggregate exposure to related parties would be calculated across the borrowing group instead of for the solo entity. This means that the borrowing group must calculate its related party exposures ratio on a ‘consolidated basis’, which is essentially aggregating the balance sheet of the deposit taker and the rest of the members of the borrowing or charging group. This will enable depositors to make Question for submission
4. Do you agree with the definition of exposure?
Ref #3517065 v1.0 a better assessment of the overall position of the borrowing group in respect of related party exposures.
2.2 Other matters: Path to compliance and exemptions
Some NBDTs have related party exposures above the proposed limit, and will therefore need time to comply with regulations. The Reserve Bank proposes a one year transition period to enable NBDTs to be fully compliant.
28. In some circumstances it may be necessary to provide an exemption or alternative
related party requirement to cater to situations that cannot be dealt with appropriately by the generic requirements as set above. Of course, as required by
section 157G(2), the Reserve Bank will need to be satisfied that any exemption
granted is consistent with the maintenance of a sound and efficient financial system and that compliance to the regime by the NBDT is unduly onerous or burdensome.
29. Without prejudging any individual case, examples where some form of exemption
may be appropriate are where particular business structures or models may be constrained by restricting related party exposures. One example could be NBDTs which are part of a banking group, where the parent is already regulated at the banking group level. In this case the banking group would then be covered by the Connected Exposures Policy for registered banks. Another case could be the socalled funding conduits where the principal activity of the NBDT is to raise funds from the public which are then exclusively on-lent to, or invested in, the parent company and/or its subsidiaries. Questions for submission
5. Do you agree that the maximum limit on aggregate related party exposures
should apply in respect of exposures of the deposit taker or exposures calculated across the borrowing group, as the case may be?
6. Do you agree that the limit for exposures to related party be capped at 15
percent of tier 1 capital?
Question for submission
7. Do you agree that the proposed transition period (to start from when the
regulation comes into force) of one year for full compliance is appropriate?
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3. PROPOSED MINIMUM CAPITAL RATIO FRAMEWORK
FOR NBDTS
30. The starting point for the construction of the NBDT minimum capital ratio
framework was the Reserve Bank’s standardised framework for banks, which is set out in the Reserve Bank’s Prudential Supervision Department’s document BS2A.2 This section of this consultation paper discusses the components of the proposed capital adequacy framework, including how they have been amended from the registered bank framework to better fit the NBDT sector.
31. The proposed framework has three main components. They are:
Qualifying capital instruments under the registered bank standardised framework
33. Under the registered bank capital adequacy framework, capital is defined as tier
one capital plus tier two capital less deductions from total capital. Tier two capital in turn consists of two types: upper tier two capital and lower tier two capital. There are rules that set limits on the amount of tier two capital and the amount of lower tier two capital that can be held within a total capital requirement.
34. The instruments that qualify for the different tiers of capital are as follows:
Tier one capital includes:
2 This can be found at http://www.rbnz.govt.nz/finstab/banking/regulation/3174397.pdf
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Lower tier capital is term subordinated debt with an original maturity of five years or more. Qualifying instruments under the NBDT framework
35. It is proposed that only tier one capital be defined as capital in the NBDT
framework, and that the limit of 25 percent for the share of preference shares in total capital in the registered bank framework would also apply to NBDTs. The 25% limit will be measured against total capital net of deductions from capital. The reasons for the focus on tier one capital are as follows:
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(b) Current year’s losses.
(c) Future tax benefits.
(d) Credit enhancements provided to associated funds management and securitisation schemes. (e) Funding to affiliated insurance groups where certain requirements are not met. (f) Advances of a capital nature provided to connected persons. (g) Equity investments and advances of a capital nature in unconsolidated subsidiaries. (h) Capital instruments issued by financial institutions where the holding exceeds 10% of the capital of the financial institution in which the investment is made. (i) Unrealised revaluation losses in certain circumstances. (j) Cumulative gains and losses on cash flow hedges, which have been recognised in tier two capital.
Proposed deductions from capital under the NBDT framework.
Ref #3517065 v1.0 appropriate to remove the threshold to apply the straightforward principle that double gearing will not be recognised for capital adequacy purposes.
Ref #3517065 v1.0 assets. By contrast, trust deed conditions have generally given the same weighting to all exposures regardless of their relative risk.
43. The proposed set of NBDT risk weights is somewhat simpler than that applying to
registered banks, although some additional risk sensitivity has been added to reflect the different nature of NBDT business. The risk weights have also been recalibrated, as necessary, to reflect differences between the bank and NBDT situation and, in part, to reflect some of the recent lessons from developments in New Zealand and international financial markets. The following discussion sets out the registered bank framework risk weights, together with the corresponding proposed NBDT risk weights and where they are different, explains why. A summary is presented in table 1.
44. Cash
A risk weight of 0% applies to notes and coins held on site under both the bank and NBDT frameworks.
45. Claims on sovereigns and central banks
Under the standardised registered bank framework, both government and central bank exposures attract a range of risk weights according to the sovereign credit rating of the particular country. Under the NBDT regime only New Zealand government exposures would receive this treatment. That is, a risk weight of 0 percent, reflecting New Zealand’s AAA sovereign rating for local currency debts, would apply. The reason for this treatment, and for the treatment of exposures to multinational lending agencies below, is that these foreign investments are generally not relevant to NBDTs. The regime is therefore simplified by not making special provision for them.
46. Multinational development banks and other international organisations.
A 0 percent risk applies under the standardised registered bank framework. No special provision for these organisations is proposed for the NBDT framework, on the same basis as above – that it is not anticipated to be likely that this would be relevant for NBDTs, and therefore a simplification of the framework would be desirable.
47. Banks
An array of risk weights from 20 percent to 150 percent apply to claims on banks under the standardised registered bank regime, depending on the credit rating of the bank and the duration of the claim. It is proposed that a single risk weight of 20 percent apply to all claims on New Zealand registered banks. This structure is simpler and more relevant to NBDTs than the standardised framework.
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48. Claims on corporates
The standardised framework applies risk weights of from 20 percent to 150 percent depending on the rating of a particular corporate and whether the claim is a short- or long-term one. Consideration was given to applying a single risk weight to NBDT corporate exposures in keeping with the approach adopted above for public sector and bank exposures. However, some NBDTs invest in rated New Zealand corporate paper and it is proposed to recognise the lower risk of the higher rated corporate exposures even though this will increase the complexity of the framework. The risk weights that would apply would be the same as under the standardised registered bank regime, except that unrated exposures would receive a 150 percent risk weight in line with the standard risk weight under the NBDT framework which is discussed below. The full set of risk weights is set out in
appendix one.
49. Residential mortgage loans
The standardised framework risk weights for first ranking residential mortgages (that are not past due) are: 35 percent where the loan to valuation ratio (LVR) does not exceed 80 percent; 50 percent where the LVR exceeds 80 percent and not 90 percent; and 75 percent where the LVR exceeds 90 percent and not 100 percent. Risk weights in the over 80 percent LVR categories are reduced when they are covered by qualifying lender’s mortgage insurance.
50. For the NBDT regime it is proposed that a risk weight of 35 percent apply to
loans with an LVR not exceeding 70 percent and a risk weight of 100 percent to loans with an LVR above that figure. The reasons why a higher risk weight is proposed for high LVR loans are that:
Ref #3517065 v1.0 value at the time the loan was originated. The amount of the loan is the current balance outstanding. This balance should include all advances secured against the property.
52. Recognition of lenders’ mortgage insurance
It is not proposed to apply a lower risk weight to residential mortgages covered by lenders’ mortgage insurance. To do so would increase the complexity of the regime and raise compliance monitoring (and therefore cost) issues. More importantly, recent experiences have heightened concerns about the value of mortgage insurance in a capital adequacy framework. While mortgage insurance may assist with income smoothing in moderate recessions, there is a risk that in the periods of acute stress, for which capital is held, the mortgage insurer may either drop out of the required rating range for mortgage insurance (in which case the concessional treatment would cease to apply placing sudden pressure on the lender’s capital adequacy) or fail to perform to the terms of the insurance arrangement.
Other lending risk weights
53. It is proposed that the standard risk weight for other lending be 150 percent,
compared to 100 percent in the standardised registered bank framework because:
Ref #3517065 v1.0 property development loans, where risk was not fully captured by the 300 percent risk weight. Equity
55. The risk weights for listed and unlisted equities in the standardised bank model
are 300 percent and 400 percent respectively. A risk weight of 600 percent is proposed for the NBDT framework. This higher risk weight reflects our judgement that the standardised model risk weight for publically listed shares does not reflect the risks of NBDT equity investments. The bank risk weight is relevant to a well diversified portfolio of shares, and even then is arguably not conservative enough. However, NBDTs tend to hold equity positions in just one or two companies, which is much more risky than holding a diversified portfolio of shares. The higher risk weight captures some of this additional risk. A higher risk weight for what are typically illiquid and opaque investments in non-traded shares could be justified, but a single risk weight is proposed for simplicity. The higher risk weight should discourage complex business structures with equity positions in non-financial companies. Other assets
56. It is proposed that a risk weight of 500 percent apply to ‘other’ assets. In the
standardised registered bank framework the ‘other’ risk weight category primarily applies to other loans that are not captured in the corporate and residential mortgage lending categories. It covers small and medium businesses and personal loan exposures. In the NBDT framework these loans are already captured by a 150 percent risk weight, and the other risk weight applies mostly to assets such as furniture and office equipment (which support the business), and also to nonfinancial assets such as buildings. As these assets are closer in character to equity investments than loan exposures, it is appropriate that they have a much higher risk weight than loan exposures.
57. The proposed 500 percent risk weight is lower than the equity rate because the
‘other’ category will also sometimes include assets that are closer in nature to loans. The higher risk weight will not have a material impact on most entities because the amount of other assets they hold is small, but it will – and is designed to – discourage NBDTs from placing material risky non-financial assets on the balance sheet in an attempt to boost capital.
58. Past due loans
Higher risk weights are applied to loans that are more than 90 days past due in the registered bank framework. It is proposed that in the NBDT framework the risk weight for each loan category be increased by 50 percentage points for 90 day past due loans. For example, the risk weight for residential mortgage loans with a normal risk weight of 100 percent would be increased to 150 percent, and that of a commercial loan would go from 150 percent to 200 percent. These higher risk weights take into account the higher risk of loss associated with loans in arrears for more than 90 days.
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Table one
Comparison of registered bank and proposed NBDT risk weights Standardised bank framework Simplified NBDT framework Cash 0% 0% NZ government and RBNZ 0% 0% Non NZ govt As per rating grade: 0- 150% Other lending risk weight Public sector entities As per rating grade: 20- 150% New Zealand only 20% Otherwise other lending risk weight Multinational development banks 0% Other lending risk weight Banks As per rating grade 20-150 % 20% Rated Corporate As per rating grade 20-150% As per rating grade:
20-150 %
Other Lending 100% 150%
Property Development lending: unsecured or second ranking security or LVR greater than 60% 100% 300% Residential Mortgages 80% and under LVR 35% Over 80% LVR: 50- 75% Reduction for mortgage insurance LVR 70 % and under:
35%
Over 70% LVR: 100%
No reduction for mortgage insurance
Past due loans 100-150% 50 percentage points above normal risk weight Equity 300 % publically traded 400% for all others 600% for all equity Other assets 100% 500% Measurement of off-balance sheet credit exposures
59. There are two components to the measurement of the credit risk of off-balance
sheet exposures in the standardised registered bank framework. They relate to market-related contracts and other off-balance sheet exposures. Market related contracts
60. It is proposed that no provision be made to measure off balance-sheet exposures
arising from market-related contracts. This part of the standardised registered
Ref #3517065 v1.0 bank framework is very complicated. And, typically, it only generates a small amount of risk exposures, and is not likely to be relevant for most NBDTs. Other off-balance sheet exposures
61. The standardised registered bank framework covers the following other offbalance sheet exposure types:
(a) direct credit substitutes;
(b) asset sales with recourse;
(c) forward asset purchases;
(d) commitment with certain drawdown
(e) note insurance facilities
(f) revolving underwriting facilities
(g) performance-related contingency
(h) trade-related contingency
(i) placement of forward deposits\other types of commitment (j) commitments without a certain draw down; credit equivalent of 0-100%.
Funds management and securitisation
65. The standardised registered bank regime covers both explicit and implicit risks
relating to securitisation. Implicit risks arise because a financial institution may feel obliged to support an associated special purpose vehicle (SPV) set up to conduct securitisation or funds management activities, even though there is no formal legal obligation to do so, because its reputation may suffer if support is not provided. Explicit risks arise when a financial institution provides any form of credit enhancement to an associated SPV.
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66. It is proposed that the NBDT framework only covers explicit risks. Implicit risk
is not as important for NBDTs as it is for registered banks because they incur less reputational risk if they do not provide support for an SPV when they have no legal obligation to do so.
67. The proposed provision for explicit risk is the same as for registered banks. Where
the credit enhancement can be quantified, and does not take the form of a guarantee, the NBDT may choose one of the following options:
(a) deduct the maximum level of its obligation to provide support from capital; (b) expense the full amount of its obligation at the time its relationship with the special purpose vehicle commences; or, (c) consolidate the assets of the SPV for the purpose of calculating its capital adequacy ratio. Where the maximum extent of support cannot be readily quantified or takes the form of a guarantee the assets of the SPV should be consolidated for capital adequacy purposes. Loan transfers
71. The loan transfer section of the standardised registered bank framework sets out
the conditions that must be met before a loan transfer to another party can be regarded as falling outside the bank’s current business. It is proposed that section should apply in full in the NBDT framework. These conditions are set out in
appendix one.
Other risks:
72. As with the registered bank regime, we propose that operational and market risk
are taken into account in capital requirements. Operational risk covers the risks arising from the execution of an entity’s business functions and covers amongst other things physical or environmental risk, fraud, and legal risk. Market risk covers risks to the economic value of the entity from the movement of interest rates, exchange rates and equity prices. In the standardised registered bank framework these risks are quantified and added to credit exposures..
73. In the bank regime, operational risk is calculated as a scalar of a moving average
of both balance sheet and income statement items. Market risk is calculated using the market risk exposure methodology developed some time ago as part of the registered bank disclosure regime. It captures interest rate risk in the banking book as well as trading book market risks. However, the regime is dated, complex, and due to be replaced.
74. Consequently, it is proposed that for NBDTs the separate risk exposures
calculated for market risk and operational risk be replaced by a single risk exposure figure, which would be generated from a scalar of balance sheet aggregates. Either credit risk weighted assets or total assets could be used and
Ref #3517065 v1.0 there are arguments for both. On the one hand many operational risks are likely to be correlated with risk weighted exposures. On the other hand, the biggest market risk, interest rate risk in the banking book, would be more closely correlated with the total size of the balance sheet. Therefore, it is proposed that a simple average of the two be used. This asset-based regime will require no more information than that already required for the calculation of credit risk weights, is simple, and would therefore minimise compliance costs.
75. It is proposed that the scalar be calibrated with reference to reported registered
bank operational and market risk figures. Operational and market risk, as a percentage of credit risk exposures, ranges from 12 to 23 percent and, as a percentage of total assets, from 5 to 8 percent.
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3.3 Minimum Capital Ratio Requirement
An NBDT’s capital ratio is calculated by dividing its capital by its risk weighted
exposures . Specifically:
Capital ratio =
Capital / (risk weighted on- and off-balance sheet credit exposures + operational and market risk exposures)
It is proposed that a minimum capital ratio requirement be set in regulation.
Trustees would still be expected to assess the particular situation of a given NBDT and seek a higher ratio if they thought that the circumstances of a particular NBDT justified it. The reasons why it is appropriate to set a minimum ratio requirement and not leave it to be entirely a matter of negotiation between the NBDT and its trustee are as follows.
Ref #3517065 v1.0 management and governance may be just as important. The effect of the eight percent minimum NBDT capital ratio requirement will be to help raise the floor in terms of risk but it will still allow a substantial range of possible risk models. Ratio requirement for NBDTs without a credit rating
82. It is proposed that NBDTs without a credit rating would have a minimum tier one
capital ratio requirement of 10 percent. The higher ratio requirement is intended to compensate for the lesser degree of outside scrutiny applied to unrated NBDTs. The higher ratio requirement for unrated NBDTs means that it may be appropriate to increase the cut-off figure below which NBDTs are not required to have a rating. Compliance requirements
83. NBDTs will have to be compliant with the minimum capital ratio requirement at
all times not just at the annual balance date. Consequently, we would expect that the NBDT would have a risk management programme that includes a targeted capital ratio which is above the minimum ratio and which is designed to ensure compliance with the minimum in most circumstances. Note that section 157M(1) of Part 5D of the Act states that:
Every deposit taker must have a risk management programme and take all practicable steps to comply with that programme. Transitional Arrangements
84. It is likely that some NBDTs will have a capital ratio that is below the 8 percent
minimum, or 10 percent minimum if applicable to them, when the regulations come into force. It is proposed that NBDTs in this position be given one year from June 2009 to become fully compliant. Over this transition period, the minimum ratio requirement would be based on their actual ratio calculated from their latest set of audited accounts.
85. Where NBDTs still have an issue with compliance they could apply to the
Reserve Bank for an exemption from the regulations. The Bank must be satisfied that compliance would be unduly onerous or burdensome in the circumstances. Any such exemption would be likely to come with alternative conditions that set out a path to compliance.
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Questions for Submission
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Appendix One
Detail of the NBDT capital adequacy framework proposals
1 Definition of capital
2. Capital is defined as:
(a) Issued and fully paid up share capital. For the purposes of this requirement ordinary share capital is defined as share capital with the following characteristics. (i) Holders of the shares have full voting rights. (ii) Holders of the shares have no preferential or predetermined rights to distribution of capital or income. (iii) The shares are not redeemable as defined in section 68 of the Companies Act 1993. (b) Perpetual fully paid up non-cumulative preference shares subject to the following requirements:
(i) They are not redeemable as defined in section 68 of the Companies Act 1993 and are not repayable or redeemable at the option of the holder. (ii) Dividends must be able to be waived where the financial condition of the bank would not support payment (for example where dividends are not being paid on ordinary shares). Dividends so waived must not cumulate. (iii) Preference shares which are subject to arrangements for resetting of the dividend margin will not qualify for inclusion in tier one capital, even if subject to an overall cap. (iv) Perpetual non-cumulative preference shares without full voting rights may not constitute more than 25% of capital (measured net of deductions from capital). (c) Revenue and similar reserves including capital redemption reserves, general reserves of retained earnings and other reserves which are created or increased by appropriations from retained earnings. It also includes share premium reserves arising from the issue of ordinary share capital. Reserves that are earmarked to particular assets or particular activities, or on account of any assessed likelihood of loss, do not qualify as capital.
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The following items must not be included in capital (i) Cumulative gains and losses on cash flow hedges which have been recognised directly in equity, unless the cash flow hedge is against an available-for-sale item on which fair value gains and losses are recognised directly in equity. (ii) Unrealised gains and losses on liabilities designated at fair value through profit and loss that arise from changes in an institutions own credit risk. (iii) Any fair value gains and losses relating to financial instruments for which a fair value cannot be reliably calculated, except that a fair value loss which has arisen from credit impairment on a loan and which has been recognised in audited earnings must in all cases be reflected in tier one capital. (iv) Any surplus net of any associated deferred tax liabilities, in any defined benefit superannuation fund sponsored by the NBDT (or, as necessary, another entity in the group) as employer Note that the bank framework excludes certain asset revaluation reserves from tier one capital but allows it a tier two treatment. It is appropriate that these items are treated as capital within the NBDT framework because the additional risk is captured by the higher risk weights that are generally applied to the revaluations. (d) Current period’s audited earnings. Retained earnings should be net of any appropriations such as tax payable, dividends to be paid or transfers to other reserves. (e) Minority interests. (f) Less: Deductions from capital (i) Goodwill and other intangible assets; (ii) Current year’s losses (including unaudited losses) (iii) Future tax benefits. (iv) Assets held with respect to insurance business, (v) Advances of a capital nature, including subordinated debt, provided to related parties (vi) Equity investments in unconsolidated subsidiaries of the NBDT. (vii) All holdings, whether direct or indirect, of capital instruments issued by other financial institutions. Assets deducted from capital should not be included in risk weighted exposures II Credit risk
3. Introduction
This part sets out the methodology for measuring credit risk exposure.
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Subpart A— Standardised rating grades
4. Introduction to Subpart A
(1) This subpart sets out the standardised rating grades to be used for risk weighting exposures to credit risk. (2) Credit risk exposure is calculated by risk weighting on and off-balance sheet exposures to credit risk according to broad categories of relative credit risk, as set out in this part. (3) Note:
(a) Assets deducted from capital should not be included in risk weighted exposures. (b) Assets should be reported net of allowances for impairment loss. (c) Where a net (unrealised) gain on foreign exchange contracts or interest rate contracts has been taken to retained earnings via the profit and loss account, the corresponding balance sheet asset should be excluded from risk weighted assets in order to avoid double counting. Credit ratings
5. Rating agency credit assessments
Only credit assessments produced by the rating agencies that have been approved by the Reserve Bank under section 157J of the Reserve Bank of New Zealand Act 1989 may be used for determining ratings grades used for risk weighting exposures to credit risk.
6. Credit assessments must be solicited
Credit assessments may be used for determining rating grades only if they have been solicited from a rating agency, and paid for, by:
(a) the issuer or rated counterparty; or
(b) a commercial associate of the issuer or rated counterparty.
7. Issue-specific credit assessments
The rating grade for a claim is the issue-specific credit assessment of that claim.
8. Multiple assessments
(1) If there are two credit assessments that apply to a particular claim that relate to different rating grades and different risk weights, the credit assessment that must be used is the credit assessment that relates to the higher (less favourable) of those rating grades and risk weights. (2) If there are three or more credit assessments that apply to a particular claim that relate to different rating grades and more than one risk weight, the credit
Ref #3517065 v1.0 assessment that must be used is the credit assessment that relates to the higher of the two lowest rating grades. Rating grades
9. “Unrated” grade when no rating agency credit assessment applies
The rating grade for a claim is “unrated” if no credit assessment produced by a rating agency applies to the claim.
10. Ratings for short-term credit assessments
The rating grade for a short-term assessment is the rating grade that corresponds to a rating agency’s credit assessment according to Table 4.1. Note that the rating agency credit assessments are illustrative. At this point no rating agencies have been approved.
Table 1
Rating grades for short-term credit assessments Rating grade Rating agency credit assessments Std & Poors Moody’s Investor Services Fitch Ratings 1 A-1 P-1 F-1 2 A-2 P-2 F-2 3 A-3 P-3 F-3 4 Other
11. Rating grades for long-term assessments
The rating grade for a long-term or issuer credit assessment is the rating grade that corresponds to the rating agency’s credit assessment according to table 2
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Table 2
Rating grades for long-term and issuer credit assessments Rating grade Rating agency credit assessments Standard & Poor’s Moody’s Investor Services Fitch Ratings 1 AAA AA+ AA AAAaa Aa1 Aa2 Aa3 AAA AA+ AA AA2 A+ A AA1 A2 A3 A+ A A3 BBB+ BBB BBBBaa1 Baa2 Baa3 BBB+ BBB BBB4 BB+ BB BBBa1 Ba2 Ba3 BB+ BB BB5 B+ B BB1 B2 B3 B+ B B6 CCC+ CCC CCCCC C D Caa1 Caa2 Caa3 Ca C CCC+ CCC CCCCC C D Subpart B— Risk weights for on-balance sheet exposures
12. Cash
A 0% risk weight applies to notes and coins held on site.
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16. Claims on corporates
(1) The risk weight for a short-term claim on a corporate is the risk weight that corresponds to the issue-specific rating grade for the claim in Table 2
Table 3
Risk weights for short-term claims on corporate Risk weights for short-term claims on corporate Short-term issue-specific rating grade Risk weight (%) 1 20 2 50 3 100 4 150 unrated 150 The risk weight for a long-term claim on a corporate is the risk weight that corresponds to the rating grade for the claim in Table 4
Table 4
Risk weights for long-term claims on corporate Risk weights for long-term claims on corporates Rating grade Risk weight (%) 1 20 2 50 3 100 4 100 5 150 6 150 unrated, 150
17. Residential mortgage loans not past due
(1) The risk weight for a first ranking residential mortgage loan that is not a 90 day past due asset is 35% when the loan to valuation ratio (LVR) does not exceed 70 percent and 100% when the LVR is greater than 70 percent.
18. Loan-to-valuation ratio
(1) The loan-to-valuation ratio for a residential property is calculated by the formula:
Loan-to-valuation ratio = loan value/property value x 100
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(2) In the formula—
(a) “loan value” is the total amount, as at balance date, of:
(i) all claims secured by way of first ranking mortgage over the residential property; and (ii)subsequent claims of the lender that are secured over the residential property (b) “property value” is the value of the residential property determined under a NBDT’s residential property valuation policy when a residential mortgage loan is originated.
19. Past due loans
The risk weight for loans that are 90 day past due assets is 50 percentage points higher than the risk weight that would apply if the loan was not past due.
20. Other lending
The risk weight for other lending is 150%
21. Property development lending
Lending on property developments where:
(a) There is no security or a second or subsequent ranking security; or (b) A first ranking security where the loan to valuation ratio is over 60 percent shall have a risk weight of 300%
22. Equity
The risk weight for equity holdings is 600%.
23. Other assets
The risk weight for other assets is 500%.
24. Definitions for subpart 4B
In this subpart—
(a) “Crown entity” has the same meaning as in the Crown Entities Act 2004:
(b) “corporate” includes:
(i) a securities firm;
(ii) an insurance company;
(iii) a state enterprise;
(iv) a Crown entity:
(c) “independent valuer” means a person who is not associated with a person who has an interest in the residential property for which a valuation is made and who is:
(i) a registered valuer as defined in the Valuers Act 1948; or (ii) another person approved to provide valuation services by rules made under the Rating Valuations Act 1998:
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(d) “public sector entity” means a local authority as defined for the purposes of the Local Government (Rating) Act 2002:
(e) “residential mortgage loan” means a loan fully secured by a first ranking mortgage over a residential property used primarily for residential purposes either by the mortgagor or a tenant of the mortgagor:
(f) “residential property valuation policy” means a policy governing how a property value is determined for a residential mortgage loan that— (i) is approved by a bank’s board of directors; and (ii) includes guidance on the use of— (A) a valuation produced by an independent valuer; and (B) the purchase price of a residential property:
(g) “state enterprise” has the same meaning as in the State-Owned Enterprises Act 1986:
(h) “90 day past due asset” has the same meaning as in Appendix E of the New Zealand Equivalent to International Financial Reporting Standard 7 – Financial Instruments: Disclosure (NZ IFRS 7). Subpart C – Risk weights for off-balance sheet exposures
25. Introduction to subpart 4C
This subpart sets out the methodology to be used for converting off-balance sheet exposures other than market related contracts into credit equivalent amounts, and for applying risk weights to the credit equivalent amounts.
26. Calculating credit equivalent amounts for off-balance sheet items
(1) The credit equivalent amount for an off-balance sheet exposure is calculated under the formula:
Credit equivalent amount = credit conversion factor x (principal amount – provision amount) (2) In the formula— (a) “credit conversion factor” is the credit conversion factor specified in this subpart for the off-balance sheet exposure; (b) “principal amount” is the principal amount of the off-balance sheet exposure; and (c) “provision amount” is the total amount of any allowance for impairment for the exposure.
27. Credit conversion factors for off-balance sheet exposures
(1) The credit conversion factors for off-balance sheet exposures are set out in
Table 5
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(2) The risk weight for a non-market related off-balance sheet exposure is that which applies to a claim on the counterparty to the transaction or to the underlying asset type, as specified in Table 1.5
Table 5
Credit conversion factors
Type of transaction Credit conversion factor (%) Risk weight by:
direct credit substitute 100 counterparty type asset sale with recourse 100 type of asset, or issuer of securities as appropriate Forward asset purchase 100 Type of asset
Part III Funds management and securitisation
28. Where a NBDT provides any form of credit enhancement to an associated special
purpose vehicle and if the obligation can be quantified and does not take the form of a guarantee the NBDT may choose one of the following three options:
(a) deduct the maximum level of its obligation to provide support from capital; (b) expense the full amount of its obligation at the time its relationship with the special purpose vehicle commences; or (c) consolidate the assets of the special purpose vehicle for the purposes of calculating its capital adequacy ratios. Where the maximum extent of the NBDT’s obligation cannot be readily quantified or where the credit support takes the form of a full or partial guarantee, the assets of the fund should be fully consolidated for capital adequacy purposes. The credit enhancement will be treated as an equity exposure of the NBDT where the bank is providing credit enhancements to securitisation special purpose vehicles and:
(a) the NBDT and parties related to the NBDT are not associated with the special purpose vehicle; and (b) the credit enhancement is provided on arm’s length terms and conditions and at market prices.
Part IV- Loan Transfers
29. “Clean transfer” required
(1) Loans transferred from the originator to another party may be regarded as falling outside of the NBDT’s business if a “clean transfer” of risk has been achieved. (2) A clean transfer is achieved if, as a result of the transfer, the NBDT (a) is under no obligation to repurchase the transferred loans;
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(b) would incur no loss (of interest or principal) in the event of nonperformance by the borrower; and (c) would not feel impelled to support the loan in any circumstances.
30. Qualifying transfers
(1) For the purposes of this Part and subject to the requirements in subsection (2), transfers by any of the following methods will qualify— (a) transfers through novation; (b) transfers by notified assignment; (c) transfers through silent assignment; (d) loan sub-participations. (2) A transfer must meet the following requirements:
(a) The transfer must not contravene the terms and conditions of the underlying loan agreement and all necessary consents have been obtained. (b) The seller must have no residual beneficial interest in the principal amount of the loan (or that part which has been transferred) and the buyer must have no formal recourse to the seller for losses. (c) The seller must have no obligation to repurchase the loan, or any part of it at any time. (d) The seller must have given notice to the buyer that it is under no obligation to repurchase the loan or support any losses suffered by the buyer and that the buyer has provided written acknowledgement of the absence of obligation. (e) The documented terms of the transfer must be such that if the loan is rescheduled or renegotiated the buyer and not the seller would be subject to the rescheduled or renegotiated terms. (f) If payments are routed through the seller, the seller must be under no obligation to remit funds to the buyer unless and until they are received from the borrower. (g) If the buyer is subject to a trust arrangement, the trustees of that trust must be independent of the seller or companies related to the seller either during or subsequent to the sale negotiations. V Operational risks and market risk exposures
31. The operational and market risk exposure is calculated as follows:
(Total assets + total risk weighted credit exposures)/2 x 0.175
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Appendix 2
Application of the NBDT capital adequacy to illustrative NBDTs The following shows how the capital ratio would be calculated by three stylised NBDTs. They are a small credit union with assets of $5 million that is a member of NZACU; a small building society that is engaged in the traditional building society business of lending on the security of first ranking residential mortgages; and a finance company that has a substantial amount of second ranking security over property developments and that has a relatively complex balance sheet. A Small credit union Balance sheet $’000 Ref Assets Bank deposits 300 (1) NZACU deposit 1,500 (2) Loans to members 3,000 (3) Property plant & equipment 100 (4) NZACU capital notes 100 (5) Total assets 5,000
Liabilities
Trade and other payables 100
Members deposits 3,900
Total liabilities
4,000
Members’ Funds
Retained earnings 1,000 (6)
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Capital ratio calculation – Small Credit Union Capital $,000 Retained earnings (6) 1,000 Deductions (5) 100 Total (6) – (5) (7) Exposures On balance sheet credit exposures Exposure $,000 Risk weight % Risk weighted exposures $’000 Bank deposits (1) 300 20 60 NZACU deposit (2) 1,500 150 2,250 Other lending (3) 3,000 150 4,500 Other assets (4) 100 500 500 Total 4,900 (8) 7,310 (9) Off balance sheet credit exposures nil nil Operational and market ((4900(8)+7310(9))/2) X 0.175
1068.38 (10)
Total exposures
(9)+(10)
8378.38 (11)
Capital ratio %
(7)/(11) x 100
10.7%
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B ‘Traditional’ Building Society
Balance sheet
$’000
Assets
Cash 500 (1)
Bank deposits 10,000 (2)
Residential mortgages 82,000 (3)
Other lending 5,000 (4)
Property 1,500 (5)
Intangible assets 300 (6)
Plant and equipment 700 (7)
Total assets 100,000
Liabilities
Borrowings 91,000
Other 1,000
Total liabilities 92,000
Equity
Share capital 4,000
Retained earnings 4,000
Total 8,000 (8)
Memorandum items:
Residential mortgages LVR 70% or less 41,000 (9) LVR greater than 70% 41,000 (10)
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Capital ratio calculation – Building Society Capital $,000 Shares & retained earnings (8) 8,000 Deductions (6) 300 Total (8)-(6) (11) 7,700 (11) Exposures On balance sheet credit exposures Exposure $,000 Risk weight % Risk weighted exposures $’000 Cash (1) 500 Bank deposits (2) 10,000 20 2,000 Res. mort. LVR 70% or less (9) 41,000 35 14,350 Res. Mort. Over 70% LVR (10) 41,000 100 41,000 Other lending (4) 5,000 150 7,500 Other assets (5)+(7) 2,200 500 11,000 Total 99,700(12) 75,850 (13) Off balance sheet credit exposures nil nil Operational and market ((99,700(12)+75,850(13))/2) X 0.175 15,360.62 (14) Total exposures (13)+(14) 91,210.62 (15) Capital ratio % (11)/(15) x 100 8.4%
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C Complex finance company
Balance sheet
$’000
Assets
Bank deposits 75,000 (1)
Loans 380,000 (2)
Investments 40,000 (3)
Deferred tax asset 3,000 (4)
Plant and equipment 2,000 (5)
Total assets 500,000
Liabilities
Deposits 440,000
Other 2,000
Total liabilities 442,000
Equity
Ordinary shares 30,000 (6)
Cumulative Preference shares 10,000
Retained earnings 18,000 (7)
Total 58,000
Memorandum items:
Property dev. loans >70% LVR, 2nd ranking 190,000 (8) Investments unconsol. subs 20,000 (9) Other investments 20,000 (10)
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Capital ratio calculation – Complex Finance Company Capital $,000 Ordinary shares and Retained earnings (6)+(7) 48,000 Deductions (4)+(9) 23,000 Total (11) 25,000 Exposures Exposure $,000 Risk weight % Risk weighted exposures $’000 Bank deposits (1) 75,000 20 15,000 Prop lending high risk (8) 190,000 300 570,000 Other lending (2)-(8)
190,000 150 275,000
Investments (10) 20,000 600 120,000
Other assets (5) 2,000 500 10,000
Total 477,000
(12)
990,000
(13)
Off balance sheet credit exposures nil nil Operational and market ((477,000(12)+990,000(13))/2) X 0.175 128,362.50 (14) Total exposures (13)+(14) 1,118,362.50 (15) Capital ratio % (11)/(15) x 100 2.2%
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