2024-07-19
Added · Updated
The Superintendency of Financial Services replaced Articles 160 and 160.1 of the Financial Stability and Solvency Book to establish capital requirements for credit risk using the standard method. The regulation sets base capital requirements at 8% for most institutions, 12% for retail banks and cooperatives, and 15% for investment banks, while defining specific risk weight tables for exposures to governments, public enterprises, multilateral organizations, financial institutions, and companies. It introduces detailed criteria for retail exposures, real estate-secured exposures based on loan-to-value ratios, and a 1.5x multiplier for foreign currency exposures to non-financial entities, alongside rules for contingent risks and credit ratings.
1 Montevideo, July 19, 2024 Ref: FINANCIAL INTERMEDIATION INSTITUTIONS – REGULATORY ADJUSTMENT ON CAPITAL REQUIREMENTS FOR CREDIT RISK. The market is informed that, on July 10, 2024, the Superintendency of Financial Services adopted the following resolution:
ARTICLE 160 (CAPITAL REQUIREMENT FOR CREDIT RISK – COVERED EXPOSURES AND CALCULATION METHOD). Covered Exposures: Exposures subject to capital requirements for credit risk include those assets, risks, and contingent commitments – net of provisions – arising from the individual balance sheet and its annexes, prepared in accordance with Article 507, excluding assets that are deducted for the calculation of net equity by the deducted amount. Linear financial derivatives and acquired options, securities lending, and assets originated in pending settlement operations involving the exchange of securities, gold, and foreign currency for cash, which are subject to counterparty credit risk as indicated in Article 160.2, shall also be excluded. For their part, the instruments referred to in Articles 163 and 167 included in the trading book and those referred to in Article 169 shall not be subject to capital requirements for credit risk.
Calculation Method: The capital requirement for credit risk shall be calculated according to the standard method, under which risk weights are assigned considering the type of exposure in question. The requirement applicable to banks, financial houses, financial intermediation cooperatives, administrators of advance savings groups, and external financial institutions is equivalent to 8% of the assets, risks, and contingent commitments weighted by credit risk, while this figure shall be 12% for retail banks and retail financial intermediation cooperatives and 15% for investment banks.
In sum, the capital requirement for credit risk of institution-i ( ) will result from applying a percentage x ( ) to the sum of the exposures of institution-i ( ) calculated according to the applicable credit risk weighter ( ), as expressed below:
Where, as previously provided,
ARTICLE 160.1 (CAPITAL REQUIREMENT FOR CREDIT RISK – REQUIRED WEIGHTERS). The applicable credit risk weighters will depend on the type of exposure, as established in items 1) to 12) below, taking into account the following considerations: (a) Exposures – regardless of type – that are secured by real estate and meet certain conditions shall be weighted in accordance with item 7). (b) Foreign currency exposures – against individuals and companies in certain sectors – shall have a risk weighter resulting from applying a multiplier of 1.5 to the original weighter provided, as disposed in item 8). (c) All exposures – regardless of type – in default situation shall be weighted in accordance with item 10). (d) Exposures to risks and contingent commitments shall be governed by what is provided in item 9). (e) When institutions apply risk mitigation techniques, the risk weighters for the counterparty provided in this article may be replaced by the weighter of the collateral or guarantor, as provided in Article 160.1.1.
When the determination of the required weighter is based on the use of risk ratings, the following considerations must be taken into account:
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When the application of the aforementioned criteria can determine different ratings for the same issuer, the rating associated with the risk weighter that corresponds or would have corresponded to assets with terms greater than 90 days shall be used, even if such risks have not been assumed.
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b. Foreign governments and central banks. Table 2: Risk Rating AAA to AA- A+ to A- BBB+ to BBB- BB+ to B- Lower than B- Unrated 0% 20% 50% 100% 150% 100%
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4 b. Non-national PSCs. Table 4: Risk Rating AAA to AA- A+ to BBB- BB+ to B- Lower than B- Unrated 20% 50% 100% 150% 100%
Exposures against the following multilateral development banks shall have a risk weight of 0%:
b. Other multilateral organizations. Exposures against the Bank for International Settlements, the International Monetary Fund, the European Central Bank, the European Union, the European Stability Mechanism, and the European Financial Stability Facility shall receive a risk weight of 0%.
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5 4) Exposures with financial intermediation institutions of the country and banks abroad. Exposures in national currency with financial intermediation institutions of the country shall have a credit risk weight of 20%. When they are in foreign currency or with institutions abroad, the corresponding weighters shall be applied according to Table 6.
Table 6: Maturity Risk Rating AAA to AA- A+ to A- BBB+ to BBB- BB+ to B- Lower than B- Unrated
90 days 20% 30% 50% 100% 150% 100% ≤ 90 days 20% 20% 20% 50% 150% 100%
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6 Table 7: Typology Weighter Projects Operational Phase High quality 80% Rest 100% Pre-operational Phase 130%
For these purposes, the following definitions must be considered:
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7 b. General exposures. Exposures against companies not contemplated in the previous letter shall be weighted according to Table 8.
Table 8: Risk Rating AAA to AA- A+ to A- BBB+ to BBB- BB+ to BB- Lower than BB- Unrated 20% 50% 75% 100% 150% 100%
In the case of micro, small, and medium-sized enterprises (MSMEs) – as defined in Article 189 – that do not have a risk rating, what is established in item 6) ("retail exposures") shall apply.
Table 9: Subcategory Counterparty Weighter Renewable Payment Method Individuals or MSMEs 45% Other 75% Non-renewable MSMEs 85% Individuals 100%
"Renewable retail" exposures shall be considered those that meet the following conditions:
Renewable retail exposures shall be considered "payment methods" when they refer to credit card debtors used as purchase cards, that is, the card balance is fully amortized on each due date.
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8 7) Exposures secured by real estate. Those that meet the following conditions shall be treated as exposures secured by real estate:
In case the guarantee does not meet the previously detailed conditions, the applicable weighter shall be determined based on the type of counterparty. The applicable credit risk weighter will depend on the "loan-to-value" (LTV) ratio. This ratio must be calculated as the outstanding amount of loans secured by the same property divided by the estimated net sale value at public auction of said property, updated in accordance with the current regulatory provisions of Article 269 (Debtor File).
Exposures secured by real estate are divided into the categories described below. a. Residential real estate-secured exposures. Residential real estate-secured exposures are those contracted with individuals that are secured by properties for housing purposes. Loans granted to individuals secured by a residential property under construction or by land on which a residential property will be built may be considered within this category, provided that the property under construction is intended for a maximum of four families and is the borrower's primary residence. The loan to the individual shall not serve to indirectly finance the exposures for land acquisition and construction described in letter c ("exposures for land acquisition and construction").
The applicable risk weighters depend on the LTV ratio, depending on whether the loan repayment depends substantially or not on the cash flows generated by the property securing the loan, according to Table 10.
Table 10: Dependency (*) LTV (**) ≤ 50% (50% ; 60%] (60% ; 80%] (80% ; 90%] (90% ; 100%]
100% No 20% 25% 30% 40% 50% 70% Yes 30% 35% 45% 60% 75% 105%
(*) "Yes" indicates that the loan repayment depends substantially on the cash flows generated by the property securing the loan, "no" refers to the opposite case, (**) LTV = "loan-to-value".
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9 b. Commercial real estate-secured exposures. Commercial real estate-secured exposures are those secured by a property that does not have residential purposes nor are they exposures included in specialized financing of investment projects (item 5, letter a.).
When loan amortization does not depend substantially on the cash flows generated by the property, institutions shall apply a risk weight of 60% or the counterparty's risk weighter, if lower, to the part of the exposure up to 55% of the property value, and the counterparty's risk weighter to the rest of the exposure.
The applicable risk weighters will depend on the LTV ratio when the loan repayment depends substantially on the cash flows generated by the property securing the loan or loans, according to Table 11.
Table 11: LTV (**) ≤ 60% (60% ; 80%]
80% 70% 90% 110%
(**) LTV = "loan-to-value"
c. Exposures for land acquisition and construction. This category includes loans to companies or real estate developers for the construction of residential or commercial properties or for the acquisition of land for construction purposes. These exposures shall receive a credit risk weighter of 150%, except when there are pre-sale or pre-leasing contracts representing at least 50% of the total cost of the project, in which case a weighter of 100% shall be applied. Such contracts must be legally executed and the buyer or tenant must have formalized a cash deposit that will be forfeited in case of contract termination.
Where,
The following are exempt from this requirement:
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10 2) Exposures against companies that have a risk rating under the terms provided in this article. 3) Exposures against companies that have financial coverages against exchange rate risk resulting from the mismatch between the currency in which the loan is denominated and the borrower's income currency, contracted with the financial intermediation institution itself, which must cover the loan terms regardless of the number of coverages used.
Types of contingent risks and commitments: a. Operation of organization and administration of groupings, closed circles, and consortia. b. Discretionary credit lines. Unused amounts of credit lines that allow clients to use the credit without prior decisions by the institution. c. Discretionary credit lines with immediate cancellation. Discretionary credit lines, defined in the previous item, that the institution can cancel unilaterally at any time and without prior notice, or for which automatic cancellation is contemplated according to the contractual conditions established between the parties. d. Contingent risks and commitments originated by the constitution of bid bonds and performance bonds before public bodies.
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13 e. Letters of credit for merchandise circulation operations. Risks arising, both for the issuing bank and the confirming bank, from self-liquidating commercial letters of credit with a maturity of less than one year, arising from merchandise circulation operations (for example, confirmed documentary or foreign letters of credit). This includes documentary letters of credit issued by the bank that have not yet been negotiated. f. Guarantees and sureties. Guarantees, standby letters of credit, independent first-demand guarantees, and solidary sureties granted. g. Other risks and contingent commitments. Risks and contingent commitments not covered in the previous items (a. to f.). To calculate contingent exposures, the Credit Conversion Factors (CCF) established in Table 12 must be considered. Table 12: Type of exposure CCF 1 Organization and administration operations of pools, closed circles, and consortia 0% 2 Free-disposition credit lines with immediate cancellation 10% 3 Letters of credit for merchandise circulation operations 20% 4 Other free-disposition credit lines 40% 5 Contingent risks arising from the constitution of guarantees for maintaining bids and fulfilling tenders before public bodies 50% 6 Guarantees and sureties 100% 7 Other risks and contingent commitments 100% Diagonal Fabini 777 - C.P. 11100 - Tel.: (598 2) 1967 - Montevideo, Uruguay - www.bcu.gub.uy CIRCULAR N°2461
14 10) Exposures in default. The unsecured portion, that is, that which does not have admissible guarantees as provided in article 160.1.1, of a matured credit – according to the definition given in the accounting rules established by the Superintendency of Financial Services – will have a credit risk weight of 100%, except when the provisions assigned to these credits represent less than 20% of the exposure, in which case a weight of 150% must be applied. When it concerns secured exposures with residential real estate, where the repayment of the credit does not depend substantially on the cash flows generated by the property securing the loan, a weight of 100% will be applied in all cases. 11) Exposures against securitizations. The credit risk weights for exposures against securitizations of financial intermediation institutions will be determined based on the type of securitization involved: traditional, synthetic, or re-securitization. A traditional securitization is a structure in which cash flows from a set of underlying assets are used to service – at least – two risk positions stratified or tranches with different degrees of credit risk or preference. The preference of the tranches determines the distribution of losses during their validity period. A synthetic securitization is a structure with – at least – two risk positions stratified or tranches with different degrees of credit risk or preference, in which the credit risk of a set of underlying assets is transferred, totally or partially, through the use of guarantees or credit derivatives. Re-securitization is a structure in which the risk associated with a set of underlying assets is segmented and, at least, one of them is a securitization. The underlying assets to be securitized may include, among others, credits, asset securitization bonds, mortgage securitization bonds, negotiable obligations, and shares. The exposure to the risks of a traditional or re-securitization referred to in this article arises from the holding by a financial intermediation institution of securities issued within the framework of the securitization or re-securitization. Diagonal Fabini 777 - C.P. 11100 - Tel.: (598 2) 1967 - Montevideo, Uruguay - www.bcu.gub.uy CIRCULAR N°2461
15 The exposure to the risks of a synthetic securitization comes from the granting of guarantees or sale of credit risk derivatives by the financial intermediation institution to the originator entity of the securitization. For the purpose of determining the credit risk weights for exposures against securitizations, the following variables must be calculated: • Tranche attachment point (A): represents the threshold from which the losses of the set of underlying assets will begin to be assigned to the securitization position held by the institution. It is the greater value between 0 and the ratio between the balance of all underlying assets minus the balance of all tranches with preference or equal seniority relative to the tranche to which the institution is exposed (including this tranche) and the balance of all underlying assets of the securitization. • Tranche detachment point (D): constitutes the threshold from which the losses of the set of underlying assets will result in a complete loss of the principal of the tranche or entity position. It is the greater value between 0 and the ratio between the balance of the underlying assets minus the balance of the tranches with preference relative to the tranche to which the entity is exposed and the balance of all underlying assets of the securitization. • Senior tranche: The exposure is considered to a senior tranche when such tranche is in the first place for seniority purposes in the corresponding payments. • Tranche maturity (M): is the effective residual maturity – in years – calculated as follows: Where CFt represents the cash flows (principal, interest, and commissions) contractually payable by the originator entity of the securitization in period t. Contractual payments must be unconditional. If unconditional contractual payment dates were not available, the final legal maturity will be used. If the value resulting from the formula is less than 1, M = 1 shall be considered, and if the value is greater than 5, M = 5 shall be considered. For exposures against traditional securitizations, the risk weights detailed in Table 13 must be considered, which must be adjusted as indicated below. Diagonal Fabini 777 - C.P. 11100 - Tel.: (598 2) 1967 - Montevideo, Uruguay - www.bcu.gub.uy CIRCULAR N°2461
16 Table 13: Tranche risk rating Senior tranche Non-senior tranche Tranche maturity 1 year 5 years 1 year 5 years Weight (%) AAA 15 20 15 70 AA+ 15 30 15 90 AA 25 40 30 120 AA- 30 45 40 140 A+ 40 50 60 160 A 50 65 80 180 A- 60 70 120 210 BBB+ 75 90 170 260 BBB 90 105 220 310 BBB- 120 140 330 420 BB+ 140 160 470 580 BB 160 180 620 760 BB- 200 225 750 860 B+ 250 280 900 950 B 310 340 1050 1050 B- 380 420 1130 1130 CCC- to CCC+ 460 505 1250 1250 < CCC- 1250 Unrated 1250 For maturities between 1 and 5 years, these weights must be adjusted by linearly interpolating the values in the table. In the case of non-senior tranches, the weight will depend on the relative size of the tranche in relation to the total underlying assets of the securitization (T) of the tranche, according to the following formula: Where,
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19 Finally, the following exceptions to the general treatment are established: (i) Exceptions to the minimum 20% weight, when: the operation is collateralized with cash or similar – considering item (a) – provided the deposit is denominated in the same currency as the exposure or in currencies of countries with a rating equal to or higher than AA or in Euros, the minimum weight will be 0%; the operation is collateralized with securities – as established in item (c) – to which a credit risk weight of 0% corresponds, the collateral and the exposure are denominated in the same currency, and the market value of the security has been discounted by 20%, the minimum weight will be 0%; it concerns securities purchase operations with an irrevocable commitment to sell, according to the definition given by articles 283 and 284, the minimum weight will be 0%, provided all the following conditions are met: