2012-12-30
The Capital Market Authority of Saudi Arabia issued these Prudential Rules to establish comprehensive financial prudence standards for licensed capital market institutions. The framework mandates minimum Tier 1 and total capital adequacy ratios of six percent and eight percent respectively, while prescribing specific capital base compositions, risk-weighted asset calculations across credit, market, and operational risks, and tailored expenditure-based capital requirements based on institutional business scope. Institutions must continuously comply with these capital and liquidity thresholds, report their financial positions to the Authority, and apply standardized methodologies for credit risk mitigation, counterparty exposures, and concentration limits.
ل - Internal داخ KINGDOM OF SAUDI ARABIA Capital Market Authority PRUDENTIAL RULES English Translation of the Official Arabic Text Issued by the Board of the Capital Market Authority Pursuant to its Resolution Number 1-40-2012 Dated 17/2/1434H corresponding to 30/12/2012G Based on the Capital Market Law issued by Royal Decree No. M/30 dated 2/6/1424H Amended by Resolution of the Board of the Capital Market Authority Number 1-129-2022 Dated 4/6/1444H Corresponding to 28/12/2022G Arabic is the official language of the Capital Market Authority Important Notice: The current version of these Rules, as may be amended, can be found at the Authority website: www.cma.org.sa
2 TABLE OF CONTENTS PART 1: INTRODUCTION Article 1: Purpose and Scope Article 2: Definitions Article 3: Minimum Capital Adequacy Requirements PART 2: CAPITAL BASE Article 4: Composition of Capital Base Article 5: Composition of Tier 1 Capital Article 6: Composition of Tier 2 Capital Article 7: Criteria for Inclusion in Tier 2 Capital Article 8: Conversion and Write-Off of Tier 2 Capital Instruments Article 9: Amortisation of Tier 2 Capital Instruments Article 10: Regulatory Adjustments to Tier 1 Capital Related to Profit Article 11: Regulatory Adjustments to Tier 1 Capital Related to Other Items PART 3: RISK-WEIGHTED ASSETS CHAPTER 1: CREDIT RISK SECTION 1: GENERAL Article 12: Scope Article 13: Calculating Risk-Weighted Assets for Credit Risk Article 14: Calculating Exposure Values SECTION 2: CREDIT RATINGS Article 15: Use of Credit Ratings Article 16: Multiple Ratings Article 17: Issue-Specific and Issuer Ratings Article 18: Domestic and Foreign Currency Ratings Article 19: Short-term Ratings SECTION 3: EXPOSURE CLASSES AND RISK WEIGHTS Article 20: Exposures Classes Article 21: Exposures to Governments or Central Banks Article 22: Exposures to Public Sector Entities Article 23: Exposures to Banks or Capital Market Institutions Article 24: Exposures to Corporates Article 25: Exposures to Retail Article 26: Exposures to Past Due Items Article 27: Exposures to High-risk Items Article 28: Exposures to Securitisation and Re-securitisation Positions Article 29: Exposures to Investment Funds Article 30: Look-Through Approach Article 31: Mandate-Based Approach Article 32: Exposures to Real Estate Investments Article 33: Exposures to Other Items SECTION 4: OFF-BALANCE SHEET ITEMS Article 34: Calculating Exposure Values and Risk-Weighted Assets Article 35: Credit Conversion Factors SECTION 5: COUNTERPARTY CREDIT RISKS Article 36: General Provisions Article 37: Exposure Values for Derivatives Article 38: Replacement Cost Article 39: Potential Future Exposure (PFE)
3 SECTION 6: EXPOSURES TO CENTRAL COUNTERPARTY (CCP) Article 40: Scope Article 41: Calculating Exposure Values Article 42: Exposures to Derivatives Transactions Cleared Through a QCCP Article 43: Collateral Posted to a QCCP Article 44: Contribution to the Default Fund of a QCCP Article 45: Exposures to a Non-QCCP SECTION 7: CREDIT RISK MITIGATION Article 46: Recognising the Effect of Credit Risk Mitigations Article 47: Legal Certainties Article 48: Maturity Mismatches Article 49: Currency Mismatches Article 50: Guarantees and Credit Derivatives Article 51: Entities Eligible to Issue Guarantees and Credit Derivatives Article 52: Requirements Common to Guarantees and Credit Derivatives Article 53: Specific Operational Requirements for Guarantees Article 54: Specific Operational Requirements for Credit Derivatives Article 55: Financial Collateral Article 56: Eligible Financial Collateral Article 57: Management Requirements for Financial Collateral Article 58: Simple Method – Collateral Value and Risk Weights Article 59: Comprehensive Method – Calculating Adjusted Net Exposure Value (Eunsec) Article 60: Comprehensive Method – Volatility Factors Article 61: Comprehensive Method – Adjustment to Volatility Factors Article 62: Bilateral Netting Agreements Article 63: Legal Opinions for Bilateral Netting Agreements Article 64: Managing Requirements for Bilateral Netting Agreements Article 65: Eligibility Requirements for Bilateral Netting Agreements Article 66: Securities Financing Transactions Covered by Bilateral Master Netting Agreement SECTION 8: SETTLEMENT RISKS Article 67: Scope Article 68: Risk-Weighted Exposure for DvP Transactions Article 69: Risk-Weighted Exposures for Non-DvP Transactions (Free Deliveries) CHAPTER 2: MARKET RISK SECTION 1: GENERAL Article 70: Scope Article 71: Standards for Assigning Instruments to the Trading Book Article 72: Assigning Exposures to Trading Book or Non-Trading Activities Article 73: Policies for Trading Book SECTION 2: INTEREST RATE RISK Article 74: General Provisions Article 75: Net Interest Rate Positions Article 76: Specific Risk for Debt Securities Article 77: Specific Risk for Securitisation and Re-securitisation Positions Article 78: General Interest Rate Risk Article 79: Specific Risk for Interest Rate Derivatives Article 80: General Risk for Interest Rate Derivatives Article 81: Futures and Forward Article 82: Swaps
4 Article 83: Credit Derivatives SECTION 3: EQUITY PRICE RISK Article 84: General Provisions Article 85: Net Equity Positions Article 86: Specific Equity Price Risk Article 87: General Equity Price Risk Article 88: Alternative Treatments for Non-Listed Open-Ended Investment Funds Article 89: Equity Derivatives SECTION 4: TREATMENT OF OPTIONS Article 90: Approaches for Options in the Trading Book Article 91: Simplified Approach SECTION 5: UNDERWRITING Article 92: Scope Article 93: Net Underwriting Positions Article 94: Capital Requirement for Underwriting Risks Article 95: Underwriting Notification SECTION 6: FOREIGN EXCHANGE RISKS Article 96: General Provisions Article 97: Net Positions in Foreign Currencies and Gold Article 98: Capital Requirement for Foreign Exchange Risks SECTION 7: COMMODITIES RISKS Article 99: General Provisions Article 100: Net Positions in Commodities Article 101: Commodity Derivatives Article 102: Capital Requirements for Commodity Risks CHAPTER 3: OPERATIONAL RISKS Article 103: Scope Article 104: Income-Based Approach Article 105: Expenditure-Based Approach CHAPTER 4: CONCENTRATION RISKS Article 106: Excess Exposures Article 107: Exempted Exposures Article 108: Management Requirements Article 109: Determining Concentrated Exposures in the Non-Trading Activities Article 110: Determining Concentrated Exposures in the Trading Book Article 111: Capital Requirements for Concentration Risks PART 4: EXPENDITURE-BASED CAPITAL REQUIREMENT Article 112: General Provisions Article 113: Adjusted Annual Audited Expenditure PART 5: LIQUIDITY RISK Article 114: General Provisions PART 6: REPORTING Article 115: Reporting Obligations Article 116: Capital Adequacy Model Article 117: Audited Financial Statements PART 7: FINANCIAL GROUPS Article 118: Reporting on Consolidated Basis PART 8: CLOSING PROVISIONS Article 119: Entry into Force
5 Annex 1: Credit Quality Steps for Long-Term Ratings Annex 2: Credit Quality Steps for Short-Term Ratings
6 PART 1 INTRODUCTION Article 1: Purpose and Scope a) The purpose of these Rules is to specify the prudential requirements for the capital market institutions’ financial prudence. b) A capital market institution authorised to carry out one or more businesses of Dealing, Custody, or Managing Investments and Operating Funds, must satisfy the minimum capital adequacy requirements specified in Article (3) of these Rules and comply with the other provisions set forth in these Rules. c) A capital market institution authorised to carry out the businesses of Managing Investments, and not authorised to carry out any of the businesses specified in Paragraph (b) of this Article must maintain at all times the capital base of not less than 50% of its expenditure-based capital requirement in accordance with Part (4) of these Rules; and comply with the other provisions set forth in Part (1), Part (2), Part (6), Part (7) and Part (8) of these Rules. d) A capital market institution authorised to carry out only the business of Arranging or only the business of Advising or a combination of both must maintain at all times the capital base of not less than 25% of its expenditure-based capital requirement in accordance with Part (4) of these Rules; and comply with the other provisions set forth in Part (1), Part (2), Part (6), Part (7) and Part (8) of these Rules. e) The Authority, if it deems necessary, may impose additional prudential requirements on the capital market institutions. f) These Rules do not prejudice the provisions of the Law or its Implementing Regulations. Article 2: Definitions a) Any reference to the “Law” in these Rules shall mean the Capital Market Law issued by Royal Decree No. M/30 dated 2/6/1424H. b) Expressions and terms in these Rules have the meaning which they bear in the Law and in the Glossary of Defined Terms Used in the Regulations and Rules of the Capital Market Authority, unless otherwise stated in these Rules. c) For the purpose of implementing these Rules, the following expressions and terms shall have the meaning they bear as follows unless the contrary intention appears:
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9 PART 2 CAPITAL BASE Article 4: Composition of Capital Base The capital base of a capital market institution comprises the total of:
10 capital market institution demonstrates that its capital adequacy ratios remain well above the minimum capital adequacy requirements and are deemed satisfactory in the long-term after the loan is repaid or the call option is exercised. 6) The instrument contains no step-ups or other incentives to redeem. And the interest rate, or the formulas for calculating interest payments, must be predetermined in the issue documentation. The instrument must not provide a higher interest rate if such payments are not made on time, or a reduced interest rate if such payments are made on time. 7) Neither the capital market institution, nor a related party over which the capital market institution exercises control or significant influence, can have directly or indirectly funded the instrument or the purchase of the instrument. 8) The instrument must include provisions addressing loss absorption at the point of non-viability (trigger event) that requires, at the option of the Authority, the principal amount of the instrument to be immediately and irrevocably writtenoff or converted into ordinary share capital. The trigger event is the issuance of a notice by the Authority to the capital market institution that includes that the conversion or write-off of the instruments is necessary, without which the capital market institution would become non-viable. The aggregate amount of the Tier 2 capital instruments required to be converted or written down must be to the extent necessary, enabling the Authority to conclude that the capital market institution is viable. b) A capital market institution must notify the Authority in writing, without delay, when issuing Tier 2 capital instruments. The notice must be associated with a copy of the documents related to that issuance. Article 8: Conversion and Write-Off of Tier 2 Capital Instruments a) In relation to the conversion of Tier 2 capital instrument into ordinary share capital, as referred to in Sub-paragraph (8) of Paragraph (a) of Article (7) of these Rules, the capital market institution must ensure that:
11 Article 9: Amortisation of Tier 2 Capital Instruments a) The amount of the Tier 2 capital instrument is to be amortised on a straight-line basis at a rate of 20% per year over the last four years to maturity. The amount of instruments eligible for inclusion in Tier 2 capital is set out in Table (1) below: Table (1) Years to maturity Amount of instrument included in Tier 2 capital (%)
4 years 100% 3 years, < 4 years 80% 2 years, < 3 years 60% 1 year, < 2 years 40% < 1 year 20% b) The capital market institution may repay the amortised original amount of the instrument to the holders of Tier 2 capital instruments. Article 10: Regulatory Adjustments to Tier 1 Capital Related to Profit a) A capital market institution may include the profit generated in the current financial year in its Tier 1 capital if the external auditor has verified the profit of the capital market institution. b) A capital market institution that later generates a smaller profit than what was most recently verified by the external auditor must only include that smaller profit in its Tier 1 capital. c) A capital market institution must deduct losses from its Tier 1 capital even if the external auditor has not yet verified the losses. d) A capital market institution must deduct from its Tier 1 capital the annual cash dividends, or any other similar allocations, upon the approval of the General Assembly on such dividends or allocations. Article 11: Regulatory Adjustments to Tier 1 Capital Related to Other Items a) A capital market institution must deduct from its Tier 1 capital the following other items:
12 PART 3 RISK-WEIGHTED ASSETS CHAPTER 1: CREDIT RISK SECTION 1: GENERAL Article 12: Scope A capital market institution must calculate the risk-weighted assets for credit risk for all onbalance sheet and off-balance sheet exposures, except for the following items:
13 SECTION 2: CREDIT RATINGS Article 15: Use of Credit Ratings a) A capital market institution may use credit ratings provided by the credit rating agencies set out in Annexes (1) and (2) of these Rules to determine the credit quality step that corresponds to an exposure. b) A capital market institution may use credit ratings provided by authorised credit rating agencies or credit rating agencies regulated by a foreign authority equivalent to the Authority, other than the credit rating agencies set out in Annexes (1) and (2) of these Rules, with the condition of providing the Authority with the documents that show the determination of the credit ratings used by such credit rating agencies corresponding to the credit quality steps. c) A capital market institution must only use credit ratings from authorised credit rating agencies or credit rating agencies regulated by a foreign authority equivalent to the Authority. d) credit ratings must be used consistently and continuously and must not be used selectively. When determining the risk weight of an exposure, a capital market institution which uses credit ratings for a particular exposure category must use these credit ratings continuously for all exposures belonging to that category. Article 16: Multiple Ratings If more than one credit rating is available for one exposure and they correspond to different credit quality steps, the step that corresponds to the highest risk weight must be applied. Article 17: Issue-Specific and Issuer Ratings a) If a credit rating exists for a specific issue to which the exposure belongs, this credit rating must be used to determine the exposure’s credit quality step. b) A credit rating for an issuer within a group may not be used as a credit rating for another issuer within the same group. Article 18: Domestic and Foreign Currency Ratings A credit rating for an exposure denominated in the issuer’s domestic currency may not be used to determine the credit quality step for another exposure to the same issuer that is denominated in another currency. Article 19: Short-term Ratings a) Short-term credit ratings may be used only for short-term exposures to banks, capital market institutions, and corporates with an original maturity of three months or less. b) A short-term credit rating may be used only for the specific exposure to which it refers. The credit rating may not be used to derive the credit quality step of other exposures.
14 SECTION 3: EXPOSURE CLASSES AND RISK WEIGHTS Article 20: Exposures Classes Each non-trading activities exposure must be assigned to one of the following exposure classes:
15 Article 23: Exposures to Banks or Capital Market Institutions a) Exposures to banks or capital market institutions and their equivalent foreign entities must be assigned a risk weight as set out in Table (4) below. Table (4) Credit quality step 1 2 3 4 5 6 Unrated Risk weight 20% 50% 50% 100% 100% 150% 100% b) Exposures to banks or capital market institutions and their equivalent foreign entities with an original maturity of three months or less must be assigned a risk weight as set out in Table (5) below. Table (5) Credit quality step 1 2 3 4 5 6 Unrated Risk weight 20% 20% 20% 50% 50% 150% 50% c) Cash on deposit with the local banks must be assigned a risk weight of 0%. d) Exposures to banks or capital market institutions and their equivalent foreign entities in countries where credit ratings for the government are not available must be assigned a risk weight of 100%. Article 24: Exposures to Corporates a) Exposures to corporates refer to exposures to the companies incorporated under the Companies Law of the Kingdom or any other similar laws of other jurisdictions, excluding entities treated under Articles (21), (22), and (23) of these Rules. b) Exposures to corporates must be assigned a risk weight, as set out in Table (6) below. Table (6) Credit quality step 1 2 3 4 5 6 Unrated Risk weight 20% 50% 100% 100% 150% 150% 150% Article 25: Exposures to Retail Exposures to retail refer to exposures to natural persons and any other entities not deemed as corporate in accordance with Article (24) of these Rules. Such exposures must be assigned a risk weight of 300%. Article 26: Exposures to Past Due Items Past due items refer to exposures which passed the maturity date for more than ninety days as calculated from the original agreed payment date. Such exposures must be assigned a risk weight of 400%.
16 Article 27: Exposures to High-risk Items a) Exposures associated with high risks, such as private equity, venture capital and hedge funds investments must be assigned a risk weight of 400%. b) Other unlisted equity investments must be assigned a risk weight of 250%. Article 28: Exposures to Securitisation and Re-securitisation Positions The risk weight for securitisation positions and resecuritisation positions must be determined based on the credit quality step of the position, as set out in Table (7) below. Table (7) Credit quality step 1 2 3 4 5 6 Unrated Securitisation 20% 50% 100% 350% 1250% 1250% 1250% Resecuritisation 40% 100% 225% 650% 1250% 1250% 1250% Article 29: Exposures to Investment Funds a) Exposures to listed investment funds such as REIT, Exchange Traded Funds, or ClosedEnded Investment Traded Funds must be assigned a risk weight of 150%. b) Exposures to non-listed open-ended investment funds must be assigned a risk weight of 150% or treated using one of the approaches in accordance with Article (30) or Article (31) of these Rules. c) Exposures to non-listed closed-ended investment funds must be assigned a risk weight of 300%. Article 30: Look-Through Approach a) Where the capital market institution is aware of all the underlying exposures of an investment fund, exposures to the investment fund may be treated using the lookthrough approach, in which each underlying exposure is assigned a risk weight as if it were directly held by the capital market institution. b) To assign a risk weight for the investment fund, as set out in Paragraph (a) of this Article, the following conditions must be met:
17 Article 31: Mandate-Based Approach a) Where the capital market institution does not have sufficient information about the underlying exposures of an investment fund to use the look-through approach, the exposures to the investment fund may be treated using the mandate-based approach, in which the underlying exposures of the investment fund are determined in accordance with the limits set out in the investment fund’s mandate and relevant laws provided that the capital market institution has access to daily price quotes of the investment fund and knowledge of the mandate of the investment fund and relevant laws. b) Under this approach, the investment fund incurs exposures to the maximum extent allowed under its mandate and the relevant laws. In the exposure class, attracting first the highest risk weight. Then it continues incurring exposures in descending order in the remaining exposure classes until the maximum total exposure limit is reached. The investment fund applies leverage to the maximum extent allowed under its mandate and the relevant laws, where applicable. Article 32: Exposures to Real Estate Investments a) Real estate investments refer to direct investments in real estate (lands and buildings) to earn rentals and capital appreciation. This excludesthe holding of lands and buildings for operational needs that are deemed as tangible assets as provided in Paragraph (a) of Article (33) of these Rules. b) Exposures to Real estate investments must be assigned a risk weight of 400%. Article 33: Exposures to Other Items a) Tangible assets, other than real estate investments set out in Article (32) of these Rules, must be assigned a risk weight of 100%. b) Prepayments and accrued income for which a capital market institution is unable, or if it would be unreasonably burdensome for a capital market institution to determine the counterparty, must be assigned a risk weight of 300%. c) Holdings of listed equity must be assigned a risk weight of 150%. d) Cash in handheld by a capital market institution must be assigned a risk weight of 0%. e) Exposures to the CCP, other than for the trade exposures, collaterals, and default fund contribution for which their treatments are set out in Section (6) of this Chapter, must be assigned a risk weight as follows:
18 SECTION 4: OFF-BALANCE SHEET ITEMS Article 34: Calculating Exposure Values and Risk-Weighted Assets a) To determine the credit exposure equivalent values for off-balance sheet items, such items must be multiplied by the appropriate credit conversion factor set out in Article (35) of these Rules. b) The resulting credit exposure equivalent values set out in Paragraph (a) of this Article must be assigned relevant risk weights as set out in Section (3) of this Chapter. Article 35: Credit Conversion Factor a) A credit conversion factor of 100% applies to the following off-balance sheet items:
19 the capital market institution must treat each derivatives transaction as if it was its own netting set. Article 37: Exposure Values for Derivatives a) With the exception to the derivatives types mentioned in Paragraph (b) of this Article, the exposure value (E) for all derivatives transactions within a netting set with a counterparty must be calculated using the following formula: E = 1.4 x (RC + PFE) Where:
20 c) VM and NICA shall be adjusted for volatility using the volatility factors in accordance with Articles (60) and (61) of these Rules. Article 39: Potential Future Exposure (PFE) a) The capital market institution must calculate the potential future exposure (PFE) of a netting set as the sum of the PFEs for each derivatives transaction (even for transactions that have a negative market value) by multiplying each transaction’s notional amount by the risk factors set out in Table (8) below. Derivatives transactions which do not fall within the asset classes specified in Table (8) below must be treated as transactions concerning gold and other commodities. Table (8) Asset class Risk factor Interest-rate 0.2% x residual maturity (in years) Credit 2.5% x residual maturity (in years) Equity 14% Foreign exchange 2% Gold and other commodities 8% b) For a derivatives transaction where its outstanding exposure is settled periodically so that the market value of the transaction is reset to zero on each such occasion, its residual maturity must be equal to the time until the next market value reset date. c) When determining a transaction’s notional value denominated in a foreign currency, the notional value must be calculated in accordance with the applicable spot exchange rates as at the reporting date. Where the transaction consists of two payment legs, the notional value must be higher than the two values obtained due to the translation to SAR. SECTION 6: EXPOSURES TO CENTRAL COUNTERPARTY (CCP) Article 40: Scope This Section covers the counterparty credit risk requirements arising from the capital market institution’s exposures to a CCP in relation to the OTC derivatives and exchange-traded derivatives transactions cleared through the CCP. Article 41: Calculating Exposure Values a) A capital market institution must calculate exposure values of the derivatives transactions using the approach set out in Section (5) of this Chapter. b) The exposure values of the collaterals posted to the CCP in relation to the derivatives transactions are determined based on the market value of the collaterals. c) The exposure values of the contribution to the default fund are the pre-funded amount (for the exposures to a QCCP) and both the pre-funded and unfunded amounts (for exposures to a non-QCCP).
21 Article 42: Exposures to Derivatives Transactions Cleared Through A QCCP a) A Clearing Member Capital Market Institution must apply the following risk weights to the derivatives transactions cleared through a QCCP to calculate the risk-weighted exposure values:
22 Article 43: Collateral Posted to A QCCP a) The collateral posted by a capital market institution to the QCCP are cash and securities, including the initial margin and variation margin, but excludes default fund contribution. b) Further to the calculation requirements of the credit risks and market risks as set out in this Chapter and Chapter (2) of these Rules, the Clearing Member Capital Market Institution and Client Capital Market Institution must also account for counterparty credit risks on the collateral posted to a QCCP. c) A Clearing Member Capital Market Institution must apply the following risk weights to calculate the risk-weighted exposure values for the collateral posted to the QCCP:
23 Where:
24 credit protection. A risk-weighted exposure amount must be calculated separately for each component. d) The protected portion of an exposure must be assigned the same risk weight of the protection provider, while the uncovered portion of the exposure must be assigned the risk weight of the underlying counterparty. e) The amount of credit protection must be reduced by the adjustments specified in Article (49) of these Rules. Article 47: Legal Certainties a) A capital market institution must fulfil any contractual and statutory requirements in respects of, and take all steps necessary to ensure, the enforceability of its credit protection arrangements under the laws applicable to the credit protection. b) A capital market institution must have conducted sufficient legal review confirming the enforceability of its credit protection in all relevant jurisdictions and repeat such review as necessary to ensure continuing enforceability. Article 48: Maturity Mismatches a) The residual maturity of the credit protection must not be less than that of the protected exposure. b) The residual maturities for the protected exposures and credit protections are determined as follows:
25 b) The (Hfx) that applies to the collateral, which are subject to the daily mark-to-market, is set out in Table (9) below. Table (9) Transaction type Hfx (%) Securities financing transaction 5.7 Margin lending and derivatives 8.0 Secured lending 11.3 c) The Hfx must be adjusted for the frequency of the market revaluation or remargining according to Article (61) of these Rules if the capital market institution does not markto-market its collateral daily. Article 50: Guarantees and Credit Derivatives a) Guarantees and credit derivatives are recognisable if they are issued by an eligible protection provider in accordance with Article (51) of these Rules and if the capital market institution meets the relevant requirements set out in Articles (52), (53), and (54) of these Rules. b) When a recognisable credit derivative or guarantee is available for an exposure, the obligor's risk weight may be replaced by the protection provider’s risk weight for the protected exposure. c) When a capital market institution has guarantees or credit derivatives for off-balance sheet commitments, the effect of these recognisable guarantees or credit protection must be used before the capital market institution applies the relevant conversion factor. Article 51: Entities Eligible to Issue Guarantees and Credit Derivatives Eligible issuers of guarantees and credit derivatives are the following entities with a lower risk weight than the obligor:
26 a. The issuer of the guarantee or credit derivative has a unilateral right to revoke the protection; b. The cost of the protection increases due to the deteriorating quality of the protected exposure; c. The issuer of the guarantee or credit derivative is not obliged to pay out in a timely manner in the event the obligor fails to make any payments due; or d. It is possible for the issuer of the guarantee or credit derivative to reduce the maturity of the guarantee or credit derivative. b) A capital market institution must have set guidelines regarding the use of guarantees and credit derivatives related to its overall risk management strategy. c) A capital market institution must have procedures and systems to manage potential concentrations of credit risk arising from its use of guarantees and credit derivatives. Article 53: Specific Operational Requirements for Guarantees In addition to the requirements in Article (52) of these Rules, in order for a guarantee to be recognised, the following conditions must be satisfied:
27 2) Cash equivalent instruments (certificates of deposits or other money market instruments) issued by local banks or capital market institutions; 3) The following debt instruments: a. Issued by governments and central banks, which securities have a credit rating corresponding to credit quality step (4) or better, or issued by public sector entities which are treated as governments in accordance with Paragraph (c) of Article (22). b. Issued by other legal entities which securities have a credit rating corresponding to credit quality step (3) or better; 4) Equities, investment funds and convertible bonds listed on the exchange; 5) Non-listed open-ended investment funds that have met the following conditions: a. The prices of units in investment funds are publicly quoted daily; and b. The investment funds are limited by their terms and conditions to investing in the instruments specified in Paragraphs(1), (2), (3), and (4) of this Article. Article 57: Management Requirements for Financial Collateral A financial collateral is an eligible credit protection where the following requirements are met:
28 d) The remainder of the exposure that is not covered by the collateral values must be assigned the risk weight of the counterparty. Article 59: Comprehensive Method – Calculating Adjusted Net Exposure Value (Eunsec) a) Under the Comprehensive Method, the capital market institution must calculate the adjusted net exposure value (Eunsec) to determine the exposure value not considered protected by the collateral after applying the volatility factors to the exposures and collateral using the following formula: Eunsec = max{0. (EVA – CVA)} Where:
1 < 5 years 2.8 2.0 1.4 1 > 5 years 5.7 4.0 2.8
29 2 and 3 < 1 year 1.4 1.0 0.7 2 and 3 > 1 < 5 years 4.2 3.0 2.1 2 and 3 > 5 years 8.5 6.0 4.2 4 21.2 15.0 10.6 c) The values of exposures and collateral in the form of eligible debt instruments, referred to in Sub-paragraph (b) of Paragraph (3) of Article (56) of these Rules, must be adjusted for market prices volatility by applying the volatility factors set out in Table (11) below. Table (11) Credit quality step of debt instrument Volatility factor (%) for transaction type of: Residual maturity Secured lending Margin lending and derivatives Securities financing transaction 1 < 1 year 1.4 1.0 0.7 1
1 < 5 years 5.7 4.0 2.8 1 > 5 years 8.5 6.0 4.2 2 and 3 < 1 year 2.8 2.0 1.4 2 and 3 1 < 5 years 8.5 6.0 4.2 2 and 3 > 5 years 17.0 12.0 8.5 d) The values of other recognisable collateral referred to in Article (56) of these Rules, and other exposures must be adjusted for market prices volatility by applying the volatility factors set out in Table (12) below. Table (12) Type of exposure or collateral Volatility factors (%) for transaction type of: Secured lending Margin lending and derivatives Securities financing transaction Cash on deposit with the local banks and cash equivalent items issued by local banks or capital market institutions 0 Equities, investment funds, and convertible bonds listed on the exchange 21.2 15.0 10.6 Non-listed investment funds and other exposures 35.4 25.0 17.7 e) If a netting set includes items of different transaction types, the highest volatility factors for each respective type of exposures or collateral must be used. f) With regard to OTC derivatives transactions, the volatility factor for changes in exchange rates (Hfx) must be applied if the collateral currency is different from the settlement currency. If the capital market institution has recognisable netting
30 agreements, only a single volatility adjustment must be applied, even if the netting agreement includes transactions in multiple currencies. Article 61: Comprehensive Method – Adjustment to Volatility Factors a) If the marking-to-market of the exposures and collateral is not conducted daily, the volatility factors specified in Paragraphs (b), (c), and (d) of Article (60) of these Rules must be scaled up for the frequency of the revaluation or remargining according to the following formula: 𝐻𝑎 = 𝐻𝑀 √ 𝑁𝑅 + (𝑇𝑚 − 1) 𝑇𝑚 Where:
31 b) The legal opinions must show that even if a netting agreement is terminated as a result of an event of default by the counterparty, including insolvency or bankruptcy, a legal review by the relevant courts and administrative authorities would, in all reasonable probability, find that the bilateral netting agreement creates a single legal obligation covering all included contracts, transactions, assets and liabilities such that the capital market institution would be entitled to receive, or obliged to pay only the net sum of the positive and negative mark-to-market values of all the contracts, transactions, assets, and liabilities included in the agreement and covered by netting. c) The conclusion of the legal review must be based on the following:
32 3) It has a netting policy approved by its governing body; 4) It has the necessary systems and controls to monitor and report netted transactions on the gross and net basis and to calculate the risk arising when the counterparty's contracts or liabilities cease. c) A capital market institution must continuously verify that:
33 3) C: Current value of collateral (i.e. current fair values of each type of instrument, gold and cash that the capital market institution has borrowed, purchased subject to resale, or taken as collateral from the counterparty under the transaction or netting set). 4) Es: Absolute value of the net position in each type of instrument or gold (i.e., the current value of exposure minus the current value of collateral). 5) Hs: Volatility factor appropriate to each type of instrument or gold in accordance with Article (60) of these Rules. 6) Efx: Absolute value of the net positions in each currency other than the settlement currency (i.e., the current value of exposure minus the current value of collateral). 7) Hfx: Volatility factor for currency mismatch in accordance with Article (49) of these Rules. c) For the purpose of Sub-paragraph (4) of Paragraph (b) of this Article, type of instrument refers to the instruments which are issued by the same entity, have the same issue date and maturity, and are subject to the same terms and conditions and liquidation period. SECTION 8: SETTLEMENT RISKS Article 67: Scope a) The capital requirement for settlement risks is the account for the risk of losses to the capital market institution for cash transactions that are not entirely settled on the due settlement date, and the calculation process must include cash transactions positions in both the trading book and non-trading, in addition to the existing market risk or credit risk capital requirements that apply to those positions. b) Where the cash transaction positions do not appear on the balance sheet of the capital market institution due to its use of settlement date accounting, the transactions that are not completed on the due settlement date must assigned a 100% credit conversion factor to determine its credit equivalent amount. c) Transactions that are subject to the counterparty credit risks (i.e., derivatives and securities financing transactions) are exempted from the requirements of this Section. Article 68: Risk-Weighted Exposure for DvP Transactions a) With regard to a delivery-versus-payment (DvP) cash transaction which is not settled on the due settlement date, the capital market institution must calculate the positive current exposure of the transaction, which is the risk of loss to the capital market institution calculated based on the difference between the transaction’s agreed settlement price and current market value. b) If an instrument is purchased, a positive current exposure arises if the current market value of the instrument exceeds its agreed settlement price. If an instrument is sold, a
34 positive current exposure arises if the current market value of the instrument is less than its agreed settlement price. c) The risk-weighted asset for settlement risk is calculated by applying the risk weight in accordance with Table (14) below to the value of the positive current exposure. Table (14) Number of days after the due settlement date Risk weight (%) 0 to 4 0 5 to 15 100 16 to 30 625 31 to 45 937.5 46 or more 1250 Article 69: Risk-Weighted Exposures for Non-DvP Transactions (Free Deliveries) a) With regards to the non-DvP cash transactions, the capital market institution must treat the exposure as a loan if the capital market institution has paid for the transactions before receiving them or if the capital market institution has delivered the securities before receiving payment for them. b) As of the date the capital market institution has made its payment or delivery, and up to and including the fourth day after the due settlement date for the counterparty’s payment or delivery, a risk-weighted exposure must be calculated for the transaction which the counterparty has not fulfilled its delivery or payment by applying the relevant risk weight of the counterparty set out in Section (3) of this Chapter to the payment made or value delivered to the counterparty. With regard to cross-border transactions, an exposure begins a day after the date the capital market institution has made its payment or delivery. c) As of the fifth day after the due settlement date for the counterparty’s delivery or payment and until the transaction terminates, the capital market institution must apply 1250% risk weight to the payment made or value delivered to the counterparty plus the positive current exposure, if any.
35 CHAPTER 2: MARKET RISK SECTION 1: GENERAL Article 70: Scope a) A capital market institution must calculate the capital requirements as the sum of the following:
36 6) Non-listed open-ended investment funds in which the capital market institution is not able to use the look-through approach set out in Article (30) of these Rules, or mandate-based approach set out in Article (31) of these Rules; 7) Derivatives that have the exposures in Sub-paragraphs (1), (2), (3), (4), (5), and (6) of this Paragraph as underlying assets; and 8) Instruments held for the purpose of hedging a particular risk of exposures in Sub-paragraphs (1), (2), (3), (4), (5), (6) and (7) of this Paragraph. c) An individual financial instrument or a commodity cannot be assigned to both the trading book and non-trading activities at the same time. However, the same types of financial instruments or commodities may appear in both the trading book and nontrading activities. Article 72: Assigning Exposures to Trading Book or Non-Trading Activities A capital market institution must have clearly defined written policies and procedures approved by its governing body to determine the exposures to be assigned to the trading book and non-trading activities respectively. Article 73: Policies for Trading Book a) A capital market institution must have written policies for its trading book operations including the trading strategy and valuation process for trading book positions. b) The governing body of the capital market institutions is responsible for approving the written policies for trading book operations referred to in this Article. SECTION 2: INTEREST RATE RISK Article 74: General Provisions a) Interest rate risks must be calculated for positions in interest rate-linked financial instruments included in a capital market institution’s trading book. b) A capital market institution must calculate capital requirements for specific and general interest rate risks that must be carried out on the net positions in interest rate-linked financial instruments in accordance with this Section, except for options which are dealt with under Section (4) of this Chapter. c) A capital market institution must calculate capital requirements for specific and general interest rate risk separately for each individual currency the capital market institution has positioned. Positions in foreign currency must be converted to SAR before the capital requirement is calculated. Article 75: Net Interest Rate Positions a) A net position in an interest rate-linked financial instrument refers to the difference between the long and short positions in an identical financial instrument.
37 b) Identical financial instruments refer to instruments of the same type and issued by the same issuer, as follows:
6, < 24 months 1 24 months 1.6 4, 5 and unrated 8 6 12 Qualifying See Paragraph (d) of this Article < 6 months 0.25 6, < 24 months 1 24 months 1.6 Other 4 or unrated 8 5 and 6 12 c) The ‘‘Governments and central banks” category in Table (15) above includes all forms of financial securities issued or fully guaranteed by governments or central banks. Any financial securities that are issued or fully guaranteed by the government of the Kingdom or SAMA must be assigned a 0% risk charge.
38 d) The ‘‘Qualifying” category includes securities issued by local public sector entities and other securities with a credit quality step of (3) or better based on rating by at least two credit rating agencies recognised by the Authority. e) The ‘‘Other” category includes securities that do not meet the criteria for inclusion in the categories mentioned in Paragraphs (c) and (d) of this Article. Article 77: Specific Risk for Securitisation and Re-securitisation Positions The risk charge for a securitisation or re-securitisation positions must be determined based on the credit quality step of the position as set out in Table (16) below. Table (16) Credit quality step 1 2 3 4 5, 6, and unrated Securitisation 1.6% 4% 8% 28% 100% Re-securitisation 3.2% 8% 18% 52% 100% Article 78: General Interest Rate Risk a) A capital market institution must calculate the capital requirement for general interest rate risk for debt securities and other interest rate-linked financial instruments (excluding securitisation and re securitisation positions) as described in Paragraph (b) of this Article. b) The capital market institution must allocate the net interest rate positions across the interest rate maturity bands and perform the following steps:
39 Maturity band Residual maturity Weight (%) 13 > 13, < 15 years 6.00 14 >15, < 20 years 8.00 15 > 20 years 12.50 2) Weight separately the long and short net positions in each individual financial instrument (i.e., no offsetting between the long and short net positions of different instruments) by the weight that applies to the maturity band as set out in Table (17) above. 3) Aggregate separately the weighted long and short positions within each maturity band (i.e. no offsetting of the long and short net positions of different financial instruments) to derive the sum of the weighted net long positions and the sum of the weighted net short position in each maturity band. 4) Calculate the matched net positions within each maturity band, which is the portion of the sum of the weighted long net positions that correspond to the sum of the weighted short net positions within each maturity band. 5) Calculate the capital requirement for the matched weighted positions within each maturity band by assigning a risk charge of 10%. 6) Calculate the capital requirement for the sum of the remaining unmatched weighted net positions of all maturity group by assigning a risk charge of 100%. c) A capital market institution must match the weighted net positions and calculate the capital requirement for interest rate-linked financial instruments described in Paragraph (b) of this Article separately for each individual currency. Article 79: Specific Risk for Interest Rate Derivatives a) The calculations of specific interest rate risks for options in the trading book are dealt with under Section (4) of this Chapter. b) The calculations of specific interest rate risks are exempted for the following derivatives exposures in the trading book:
40 2) The risk charge for the zero coupon government security is 0%. Article 80: General Risk for Interest Rate Derivatives a) All positions in interest rate derivatives are subject to the general interest rate risk capital requirement set out in Article (78) of these Rules, except for the following:
41 corresponding to the period until the expiry date of the derivative plus the life of the underlying contract; and 2) A notional short position in a zero coupon government security with a maturity date equal to the expiry date of the derivative. f) A short (sold) position in the futures or forward on the debt security must be treated as a combination of:
42 linked financial instrument, (i.e., a stock index), the interest rate component must be entered into the maturity ladder set out in Article (78) of these Rules while the equity component must be entered into its relevant category as set out in Article (87) of these Rules. Article 83: Credit Derivatives a) The credit derivatives that may be included in the trading book include credit default swaps, total return swaps, and cash-funded credit linked notes. b) The capital market institutions that transact in credit derivatives must notify the Authority in writing prior to the execution of the credit derivatives transactions. SECTION 3: EQUITY PRICE RISK Article 84: General Provisions a) Equity price risks must be calculated for positions in equity and equity-linked financial instruments included in a capital market institution’s trading book. b) Capital requirements for equity price risks must be calculated based on both the gross and net positions as they are defined in accordance with Articles (86) and (87) of these Rules. c) A capital market institution must calculate capital requirements for specific and general equity risk separately for each individual currency in which the capital market institution has positioned. Positions in foreign currency must be converted into SAR before the capital requirement is calculated. With regard to the depository receipts, the underlying instruments must be assigned to the currency in which the instruments were issued. Article 85: Net Equity Positions a) Netting of the capital market institution’s long and short positions in equity and equitylinked financial instruments in the trading book may be carried out within each country if they are issued by the same legal entity, resulting in a single net short or long position to which the specific and general market risk charges will apply. b) For netting purposes, the positions in equity derivatives must first be converted into positions in the underlying financial instruments in accordance with Article (89) of these Rules. c) With regard to netting equity financial instruments and their underlying instruments, (e.g., depository receipt), the underlying instruments must be issued in the same currency of the financial instruments.
43 Article 86: Specific Equity Price Risk a) For the gross positions in each exposure type of the equity, listed investment fund, and non-listed open-ended investment fund, the risk charge for specific risk must be set at 8%. b) For the gross positions in the equity index contracts, the risk charge for specific risk must be set at 2%. c) The gross positions mentioned in Paragraphs (a) and (b) of this Article refers to the sum of the value of the net long positions and the absolute value of net short positions for each exposure type. Article 87: General Equity Price Risk a) For the net positions in each exposure type of the equity, listed investment fund, nonlisted open-ended investment fund, and equity index contracts in the trading book, the risk charge for general risk must be set at 8%. b) The net positions mentioned in Paragraph (a) of this Article refers to the absolute value of the difference between the sum of long positions and the sum of short positions for each exposure type. Article 88: Alternative Treatments for Non-Listed Open-Ended Investment Funds a) For the non-listed open-ended investment funds that satisfy the look-through approach conditions stipulated in Paragraph (b) of Article (30) of these Rules, the positions in these investment funds may be treated using the look-through approach and assigned capital requirements as if the underlying exposures were directly held by the capital market institution. b) For the non-listed open-ended investment funds that do not satisfy the conditions for the look-through approach stipulated in Paragraph (b) of Article (30) of these Rules but satisfy the conditions for the mandate-based approach stipulated in Paragraph (a) of Article (31) of these Rules, the positions in these funds may be treated using the mandate-based approach and the capital requirements calculated in accordance with the limits set in the incorporation documents of the investment fund and the relevant laws. Article 89: Equity Derivatives a) A capital market institution must convert equity derivatives into notional positions in the relevant underlying transaction for the calculation of specific and general equity price risk, with the exception to equity options which are treated in accordance with Section (4) of this Chapter. b) Where the equity forms one leg of a derivatives transaction, any interest rate or foreign currency exposure from the other leg of the transaction must be reported for the calculation of capital requirements in accordance with Section (2) or Section (6) of this Chapter, respectively. c) A capital market institution must treat a long (purchased) position in the equity futures or forward as a combination of:
44
45 b) Delta Plus Approach in accordance with the standards issued by the Basel Committee on Banking Supervision, where the capital market institution also writes options, and such option positions are not fully hedged. Article 91: Simplified Approach a) Under the Simplified Approach, the capital market institution must calculate the capital requirements on the purchased option positions by applying the general risk charges and specific risk charge as set out in Paragraph (b) of this Article. The calculated capital requirements are then added to the relevant category of market risk, i.e. interest rate risks, equity price risks, foreign exchange risks, or commodities risks. b) The capital requirements for the exposures to the options under the Simplified Approach are set out in Table (18) below: Table (18) Options positions Capital requirement Long call or Long put. The lesser of: a) The market value of the underlying security multiplied by the sum of specific and general market risk charges for the underlying security; or b) The market value of the option (or book value for the option on specific foreign exchange or commodity positions). For item (a) above, the risk charges for options on foreign exchange and commodity will be 8% and 15% respectively. Combination of the long underlying security and long in-the-money put; Or combination of the short underlying security and long in-themoney call. The market value of the underlying security multiplied by the sum of specific and general market risk charges for the underlying security, less the market value of the option (or book value for an option on specific foreign exchange or commodity) that is in the money, bounded at zero. c) The underlying security for options positions such as foreign exchange shall be the asset which would be received if the option were exercised. d) For the options where the underlying’s market value could be zero, e.g., caps, floors, swaptions, etc., its market value shall be replaced with the nominal value.
46 SECTION 5: UNDERWRITING Article 92: Scope A capital market institution that underwrites an issue or offer for the sale of securities or that commits to another capital market institution to sub-underwrite an issue or offer for the sale of securities must calculate the capital requirement for the underwriting risks following the same principles which would apply if the securities were part of its trading book pursuant to Sections (2) and (3) of this Chapter. Article 93: Net Underwriting Positions A capital market institution may deduct the portions of the issue or offer for sale of securities sub-underwritten or subscribed by third parties pursuant to written agreements from the portion of the issue or offer for sale underwritten by the capital market institution. In order for an issue or offer for sale underwritten by a third party to be eligible for the deduction, the written agreement must contain the third party’s irrevocable and unconditional liability for the issue or offer for the sale of the securities. Article 94: Capital Requirement for Underwriting Risks The capital market institution must calculate the capital requirement for underwriting risks as the product of the following:
47 SECTION 6: FOREIGN EXCHANGE RISKS Article 96: General Provisions a) A capital market institution must calculate the capital requirement for foreign exchange risks to measure the risk of holding or taking positions in foreign currencies and gold in both the trading book and non-trading activity in accordance with Article (98) of these Rules. b) The foreign exchange exposures must include all assets, liabilities, provisions, and offbalance sheet commitments in every individual currency other than SAR. c) The capital market institution must measure the exposure in a single foreign currency or gold in accordance with Article (97) of these Rules. d) Exposures to foreign currencies positions that have been deducted in full from the capital base or subject to 100% capital requirements must be excluded from the calculation of capital requirements for foreign exchange risks. Article 97: Net Positions in Foreign Currencies and Gold a) A capital market institution must include the following items in its measurement of a net open position in each foreign currency:
48 Article 98: Capital Requirement for Foreign Exchange Risks a) For the positions in USD and each GCC currency, the sum of net short or long positions in these currencies, whichever is greater, must be assigned with a risk charge of 2%. b) For positions in each other foreign currencies, the sum of net short or long positions in these currencies, whichever is greater, must be assigned with a risk charge of 8%. c) The absolute value of the net position in gold must be assigned with a risk charge of 8%. SECTION 7: COMMODITIES RISKS Article 99: General Provisions a) The capital market institution must calculate the capital requirements for commodities risks for positions in commodities and commodity derivatives (excluding gold and gold derivatives) for positions in both the trading book and non-trading activities in accordance with Article (101) of these Rules, except for certain treatments for options on commodities which are set out in Section (4) of this Chapter. b) Capital requirements for positions in gold and gold derivatives must be calculated in accordance with Section (6) of this Chapter. Article 100: Net Positions in Commodities a) Each position in commodities or commodity derivatives must be expressed in terms of the standard units of measurement (e.g., barrel, MWh, kg, etc.). Positions in commodity derivatives must first be converted into notional commodities positions. b) Capital requirements for commodities risks must be calculated based on each commodity's net long and net short positions. c) When determining each commodity's net long and net short positions, positions in identical commodities can be netted. Positions in identical commodities refer to the commodity contracts that are deliverable against each other or close substitutes for each other with a minimum correlation of (0.9) between price movements that can be clearly established over a minimum period of one year. d) The net positions in each commodity must be converted at current spot rates into SAR. Article 101: Commodity Derivatives a) Futures and forwards transactions on commodities must be partitioned as follows:
49 b.A long position in a zero coupon government security assigned a risk charge of 0% with a maturity date equal to the delivery date of the contract. b) A commodity swap where one leg of the transaction is a fixed price and the other leg is the current market price must be partitioned as a long position if the capital market institution pays a fixed price and receives a floating price or as a short position if the capital market institution receives a fixed price and pays a floating price. c) The options on commodities shall be treated in accordance with Section (4) of this Chapter. Article 102: Capital Requirements for Commodity Risks A capital market institution must calculate the capital requirements for commodity risks as follows:
50 CHAPTER 3: OPERATIONAL RISKS Article 103: Scope a) The capital market institution must calculate the capital requirement for operational risks as the higher of the capital requirements calculated under the income-based approach set out in Article (104) of these Rules or the expenditure-based approach set out in Article (105) of these Rules. b) The risk-weighted exposure amount for operational risk is determined by multiplying the capital requirement referred to in Paragraph (a) of this Article by (12.5). Article 104: Income-Based Approach a) The capital market institution may calculate the capital requirement for operational risks using the income-based approach, whether by the basic indicator approach or the standardised approach. If the basic indicator approach is used, the capital requirement is equal to 15% of the income indicator calculated in accordance with Paragraphs (b), (c), (d), and (e) of this Article. If the standardised approach is used, the capital requirement must be based on the risk charges applicable to each type of activity in accordance with Paragraph (f) of this Article, which are calculated by multiplying the risk charge that applies to each activity by itsincome indicator calculated in accordance with Paragraphs (b), (c), (d), and (e) of this Article. b) The income indicator must consist of the average positive annual adjusted gross income of the capital market institution’s annual audited financial statements for the last three financial years, calculated as the sum of the adjusted gross income of the positive financial years divided by the number of positive financial years. c) If any of the last three financial years did not represent a twelve months accounting period, the adjusted gross income of the affected financial year must be recalculated on a pro-rata basis so as to produce an equivalent annual amount. d) If a capital market institution has been in business for less than twelve months, the income indicator must correspond to the projected adjusted gross income as provided in the capital market institution's business plan for the first year of operation as submitted with its application for authorisation. e) The adjusted gross income refers to the operating income that:
51 Table (19) Activity Type Risk Charge Corporate financing 18% Research and advice 18% Trading and sales 18% Custody 15% Asset management 12% Article 105: Expenditure-Based Approach a) The capital requirements for operational risks under the expenditure-based approach is equal to 25% of the adjusted annual audited expenditure of the capital market institution’s most recent audited financial statement. b) The adjusted annual audited expenditure refers to the total expenditures that arise in the normal course of business, which may exclude the following:
52 CHAPTER 4: CONCENTRATION RISKS Article 106: Excess Exposures a) A capital market institution must calculate the capital requirements for concentration risks for the excess exposures in both trading-book and non-trading activities. b) The excess exposures refer to the values of a capital market institution's exposures to a single counterparty or group of connected counterparties that exceed the concentration risk limit of 25% of the capital market institution's Tier 1 capital. c) A capital market institution may carry excess exposures in the non-trading activities provided that such exposures are exempted as set out in Article (107) of these Rules, or the capital market institution fulfils the concentration risks capital requirements for nontrading activities exposures set out in Paragraph (b) of Article (111) of these Rules. d) A capital market institution may carry excess exposures in the trading book provided that such exposures are exempted as set out in Article (107) of these Rules, or the capital market institution fulfils the concentration risk capital requirements for trading book exposures set out in Paragraph (c) of Article (111) of these Rules. e) A capital market institution must immediately submit a notification in writing to the Authority upon carrying the excess exposure that is not exempted under Article (107) of these Rules to describe the excess exposure, including how and when it arose. Article 107: Exempted Exposures The following exposures are exempted from the concentration risk limit stated in Paragraph (b) of Article (106) of these Rules:
53 Article 109: Determining Concentrated Exposures in The Non-Trading Activities a) When determining concentrated exposures in non-trading activities, the capital market institution must use the following exposure values:
54 3) For credit derivatives that represent sold protection, the exposure to the referenced entity is the amount due in the case that the referenced entity triggers the credit derivative minus the market value of the credit protection. 4) For a call option, the exposure value is the market value (positive for a long call and negative for a short call). For a put option, the exposure value is the strike price minus market value (positive for a long put and negative for a short put). The resulting option exposures to each underlying counterparty must be aggregated. If there is a negative net exposure after aggregation of all option exposures, the option exposure must be set to zero. 5) The exposures to various investment funds do not need to be aggregated even if they are administered by the same fund manager. Article 111: Capital Requirements for Concentration Risks a) A capital market institution must calculate the capital requirements for concentration risks in the non-trading activities and trading book in accordance with Paragraphs (b) and (c) of this Article. b) The excess exposures in the non-trading activities must be assigned a risk weight of 1250%. c) The excess exposures in the trading book must be comprised of the exposures that attract the highest specific risk capital requirements and treated as follows:
40% to < 60% 300% 60% to < 80% 400% 80% to < 100% 500% 100% to < 250% 600% Over 250% 900%
55 PART 4 EXPENDITURE-BASED CAPITAL REQUIREMENT Article 112: General Provisions a) The expenditure-based capital requirements are the prudential requirements for the capital market institutions referred to in Paragraphs (c) and (d) of Article (1) of these Rules. b) The expenditure-based capital requirements must be calculated based on the capital market institution’s adjusted annual audited expenditure of the most recent audited financial statements, calculated in accordance with Article (113) of these Rules. c) If the capital market institution’s most recent audited financial statements do not represent a 12-month accounting period, its adjusted annual audited expenditure must be recalculated on a pro-rata basis so as to produce an equivalent annual amount. d) If a capital market institution has been in business for less than one year, its adjusted annual audited expenditure must be based on the projected adjusted annual expenditure as reflected in its business plan for the first year of operation that was submitted with its application for authorisation. e) If a capital market institution has a material change that leads to an increase of 50% or more in its expected adjusted expenditure during the current financial year, it must recalculate its adjusted annual expenditure and expenditure-based capital requirement accordingly and submit a written notification to the Authority immediately of such recalculation. Article 113: Adjusted Annual Audited Expenditure The adjusted annual audited expenditure must be calculated in accordance with Paragraph (b) of Article (105) of these Rules. .
56 PART 5 LIQUIDITY RISK Article 114: General Provisions a) A capital market institution must maintain a liquidity risk management framework commensurate with the level and extent of liquidity risk to which the capital market institution is exposed from its activities. b) The liquidity risk management framework of a capital market institution must be reviewed by its senior management and approved by its governing body on a periodic basis.
57 PART 6 REPORTING Article 115: Reporting Obligations a) The reporting obligations in this Part must be in addition to any notification requirements that a capital market institution has under the Capital Market Institutions Regulations and other Implementing Regulations issued by the Authority. b) Where stated in these Rules that a capital market institution must submit information to the Authority, the submitted information must be based on its own information and the financial group’s information. c) A capital market institution must keep and preserve all financial and non-financial records and documents in accordance with the relevant provisions provided in the Capital Market Institutions Regulations. d) A capital market institution must report all deviations from these Rules together with its plan to rectify the deviations to the Authority immediately. Article 116: Capital Adequacy Model a) A capital market institution must submit its capital adequacy model (comprising the balance sheet, income statement, and risk calculations) to the Authority using the capital adequacy model template issued by the Authority. b) For the periodic reporting, a capital market institution must submit the capital adequacy model within ten days after the end of each month. c) As an exception to the provision of Paragraph (b) of this Article, a capital market institution authorised to carry out only the businesses of Advising must submit the capital adequacy model within ten days after the end of each quarter. d) For the annual reporting in conjunction with the submission of the capital market institution’s annual audited financial statements, the capital adequacy model must be submitted within three months after its financial year end. Article 117: Audited Financial Statements a) A capital market institution must submit its annual audited financial statements to the Authority within three months after the financial year end. b) The annual audited financial statements must be prepared in accordance with the Saudi Organisation for Chartered and Professional Accountants (SOCPA)’s accounting and auditing standards, or after obtaining an approval from the Authority, internationally accepted accounting and auditing standards where appropriate. Annual financial statements must be audited by an audit firm who is registered with the Authority according to the Rules for Registering Auditors of Entities Subject to the Authority's Supervision.
58 PART 7 FINANCIAL GROUPS Article 118: Reporting on Consolidated Basis a) Consolidated accounts must be prepared for a capital market institution as a financial group by applying relevant accounting rules applicable to the preparation of consolidated statements of financial positions (balance sheets) and consolidated profit and loss statements in accordance with Article (117) of these Rules. The Authority may allow consolidation by other methods where exceptional grounds exist. b) On a need basis, the Authority may decide whether any entity that is part of the capital market institution’s financial group must be excluded from its consolidated accounts. c) The capital market institution may submit an application to the Authority to exclude from its consolidated accounts any entity that is part of its financial group where:
59 PART 8 CLOSING PROVISIONS Article 119: Entry into Force These Rules shall be effective in accordance to its approval resolution.
60 ANNEX 1 CREDIT QUALITY STEPS FOR LONG-TERM RATINGS Credit quality Step Credit Rating S & P Fitch Moody’s Capital Intelligence Simah Rating 1 AAA to AA- AAA to AA- Aaa to Aa3 AAA AAA to AA2 A+ to A- A+ to A- A1 to A3 AA to A A+ to A3 BBB+ to BBBBBB+ to BBB- Baa1 to Baa3 BBB BBB+ to BBB4 BB+ to BB- BB+ to BB- Ba1 to Ba3 BB BB+ to BB5 B+ to B- B+ to B- B1 to B3 B B+ to B6 CCC+ and below CCC+ and below Caa1 and below C and below CCC+ and below
61 ANNEX 2 CREDIT QUALITY STEPS FOR SHORT-TERM RATINGS Credit quality step Credit Rating S & P Fitch Moody’s Capital Intelligence Simah Rating 1 A-1+, A-1 F1+, F1 P-1 A1 A-1+, A-1 2 A-2 F2 P-2 A2 A-2 3 A-3 F3 P-3 A3 A-3 4 Below A-3 Below F3 Not Prime Below A3 Below A-3