Rule · HKMA · 6 Sep 2019
AIs must report large exposures using Form MA(BS)28, switching from MA(BS)1D by end-March 2020. Hong Kong-incorporated AIs file quarterly on a combined position, while overseas AIs file on a consolidated basis, both due within six weeks of quarter-end. Reporting requires listing exposures equal to or exceeding 5% of Tier 1 capital to non-bank connected parties, and the twenty largest exposures (or those ≥10% of Tier 1 capital) to LC groups before and after credit risk mitigation. Intragroup exposures ≥5% of Tier 1 capital must also be reported.
Banking Policy Department
Our Ref: B1/15C
B9/75C
B9/188C
S4/3C
6 September 2019
The Chief Executive
All Authorized Institutions
Dear Sir/Madam,
New Return of Large Exposures (Form MA(BS)28) Revised Return of Certificate of Compliance (Form MA(BS)1F) and Return of Capital Adequacy Ratio (Form MA(BS)3) I am writing to inform you that, following consultation with the two industry Associations, we have finalised the new Return of Large Exposures (Form MA(BS)28) and the accompanying Completion Instructions (CIs). An AI which is ready to comply with the Banking (Exposure Limits) Rules (“BELR”) should start to use form MA(BS)28 for reporting purposes beginning from the position of end-September 2019. An AI which is not yet ready may still use the old return form MA(BS)1D for reporting during the grace period allowed under the BELR but must switch to using MA(BS)28 starting from the reporting position of end-March 2020. The finalised form MA(BS)28, together with the accompanying CIs, is enclosed in Annex 1 for reference. Their electronic files are now available for downloading from the HKMA’s supervisory communication website (https://www.stet.iclnet.hk). Incidentally, further to our letter of 5 July 2019 which concludes the revisions of MA(BS)1F and MA(BS)3, the electronic files and CIs of these two returns are also available for downloading from the same website now. Taking this opportunity, we bring to your attention that the Introduction part of the MA(BS)3 CIs has been revised incidental to the introduction of a risk-weighted amount for sovereign concentration risk in capital adequacy ratio
2 calculation. This part only provides for an overview of the return and reporting requirements and so the changes should not entail any real reporting impact. The revised Introduction is enclosed in Annex 2 for reference. Should you have any questions regarding the technical aspect of the return forms or STET submission, please feel free to contact our STET helpdesk at 2878-1800. Yours faithfully, Martin Sprenger Acting Executive Director (Banking Policy) Encl cc: The Chairperson, The Hong Kong Association of Banks The Chairman, The DTC Association FSTB (Attn: Ms Eureka Cheung)
MA(BS)28/P.1 (09/2019)
Completion Instructions
Return of Large Exposures
Form MA(BS)28
Introduction
MA(BS)28/P.2 (09/2019)
5. Inter-branch transactions are not required to be reported under this Return except for the
reporting of Part V Intragroup exposures by overseas incorporated AIs. See paragraph 42 for details. Interpretations
6. For the purposes of these Completion instructions and the return form, unless specified
otherwise,
(i) the following terms have the meaning given by Rule 2(2) of the BELR:
banking book;
derivative contract;
trading book.
(ii) the following terms have the meaning given by Rule 39(1) or (2) of the BELR:
affiliate;
ALCG exposure;
ASC exposure;
bank (with the modification to include a central bank); Category A institution; Category B institution; CCR exposure; credit protection; credit protection provider; CRM covered exposure; default risk exposure; entity; exempted sovereign entity; exposure; LC group; recognized collateral; recognized CRM; recognized guarantee; securities financing transaction; STC approach. (iii) the following terms have the meaning given by Rule 84(1) of the BELR:
connected natural person;
non-listed company.
(iv) the following terms have the meaning given by section 2(1) of the BO:
chief executive;
manager;
holding company and subsidiary.
7. In these completion instructions or the return form:
“BCBS” means Basel Committee on Banking Supervision.
“BCR” means the Banking (Capital) Rules (Cap.155L).
MA(BS)28/P.3 (09/2019)
“BELR” means the Banking (Exposure Limits) Rules (Cap.155S).
“Commitments and contingent liabilities” refers to the off-balance sheet items in the banking book as specified in Column 2 of Table A, Schedule 1 to the BELR, including:
Direct credit substitutes;
Transaction-related contingencies;
Trade-related contingencies;
Asset sale with recourse;
Forward asset purchases;
Partly paid-up shares and securities;
Forward forward deposits placed;
Note issuance and revolving underwriting facilities; and Any other commitments such as undrawn credit facilities. However, such items do not include credit facilities which have not been formally advised to the customers concerned or which have been formally advised to the customers concerned but not yet taken effect. “Connected party” refers to a counterparty connected to a reporting institution as specified below:
(i) the parties falling within the meaning of connected party under Rule 85 of the BELR 1 ; (ii) the reporting institution’s senior management and key staff (collectively comprising chief executive and manager) and the relatives of such persons; (iii) the reporting institution’s subsidiaries, fellow subsidiaries 2 and other entities (including special purpose entities) over which the reporting institution is able to exert control 3 ; and (iv) the controllers, minority shareholder controllers, directors, senior management and key staff 4 (and the relatives of such persons) of the reporting institution’s
1 While connected party under Rule 85 of the BELR covers a controller of an AI but not entities controlled by the controller, as mentioned in footnote 2 of the SPM module CR-G-9, for the purpose of identifying connected parties under Rule 85 of the BELR, the MA expects AIs to take into account the substance over form and treat any company controlled by the AI’s controller that is primarily used for obtaining funding from the AI on behalf of the AI’s controller, as if it were the controller itself. 2 For the purposes of this subparagraph, “fellow subsidiary” means any entity in which a controller of the AI is able to exert control. See footnote 3 for the meaning of control. 3 An entity (controlled entity) is treated as being controlled by another entity (parent entity) if:- (a) the parent entity owns more than 50% of the voting rights in the controlled entity; (b) the parent entity has control of a majority of the voting rights in the controlled entity under an agreement with other shareholders (or similar holders of voting rights); (c) the parent entity has the right to appoint or remove a majority of the members of the controlled entity’s board of directors (or a similar governing body); (d) a majority of the members of the controlled entity’s board of directors (or a similar governing body) have been appointed solely as a result of the parent entity exercising his or her voting rights; or (e) the parent entity has the power, under a contract or otherwise, to exercise a controlling influence over the management or policies of the controlled entity. 4 For an AI's subsidiary, fellow subsidiary or other entity which is not an AI itself, "senior management and key staff" means the chief executive officer (or equivalent) and those persons having a principal responsibility for a line of business within the subsidiary, fellow subsidiary or entity concerned.
MA(BS)28/P.4 (09/2019) subsidiaries, fellow subsidiaries and other entities referred to in sub-paragraph (iii) above. “CRM” means recognized CRM. “Exempted exposure before CRM” has the meaning given by paragraph 12. “Exposure arising from investments with additional risk factor”, in relation to an entity that falls under Rule 52(1)(a), (b), (c), (d) or (e) of the BELR, means an exposure that an AI is required under Rule 52(2) to include as its exposure to that entity. “Group affiliate” means an affiliate of the reporting institution meeting the following condition: the institution and the affiliate are accounted for on a full basis in the consolidated financial statements of the holding company of the group of companies to which they belong, for the purposes of and in compliance with – (i) the Hong Kong Financial Reporting Standards issued by the Hong Kong Institute of Certified Public Accountants; (ii) the International Financial Reporting Standards issued by the International Accounting Standards Board; or (iii) the standards of accounting practices applicable to the holding company in the place in which it is incorporated. “Group of linked counterparties” (“LC Group”) means a group of linked counterparties of the reporting institution as determined by Rule 41 of the BELR. In relation to an AI incorporated outside Hong Kong, LC Group only applies to its counterparties booked in the Hong Kong branch. “Intragroup exposure” means exposure to a group affiliate. “Indirect exposure”, means an exposure to a counterparty of a reporting institution that arises from the counterparty providing credit protection to the reporting institution’s other exposures. “Large exposure”, in relation to a reporting institution, means an aggregate exposure to an LC group (or a counterparty if it does not belong to any LC group) that equals or exceeds 10% of the institution’s Tier 1 capital. “Non-bank”, when used to describe an entity, means an entity other than an AI or an institution that is regarded as a bank by the appropriate supervisory authorities in its place of incorporation. This includes an international organization, central and local government, and any state-owned enterprise (except state-owned banks) and agencies. “Tier 1 capital” of a locally incorporated AI is as defined under section 37 of the BCR. AIs incorporated in overseas jurisdictions which have adopted the Basel capital framework should adopt the amount of Tier 1 capital of their head offices. Other overseas incorporated AIs may adopt the capital and reserves (excluding provisions and revaluation reserves however described) of their head offices in place of Tier 1 capital. For the purposes of reporting this return, locally incorporated AIs should use the Tier 1 capital figures as at the end of the previous quarter and overseas incorporated AIs should use the latest figures obtained from their head offices. Determination of exposure value
MA(BS)28/P.5 (09/2019)
8. Exposure after CRM to a counterparty is the ASC exposure as determined by Rule 46 of
the BELR. However, for the purposes of reporting Part I of this return, the determination of the ASC exposure to a connected party of the reporting institution is subject to exemptions provided for in Rule 92 of the BELR and any modifications under Division 4, Part 8 of the BELR. For the purposes of reporting Part V of this return, the determination of the ASC exposure to a group affiliate of the reporting institution is subject to the modifications of Rule 93 of the BELR as if that rule were related to the determination of an ASC exposure to a group affiliate.
9. Exposure before CRM to a counterparty is the ASC exposure as determined under
paragraph 8 above, subject to the modification that the provisions related to credit risk mitigation under subdivision 2, Division 3, Part 7 of the BELR do not apply. Exposure before CRM includes credit risk “transferred in” (i.e. indirect exposures to credit protection provider) but not that “transferred out”. For example, Bank A granted a loan of $200 to customer X which was fully covered by a recognized collateral. Bank A also granted a loan of $100 to customer Y which was guaranteed by customer X (assuming it was a recognized guarantee). Exposure before CRM to customer X was $300, which is the sum of the loan to customer X ($200) and the indirect exposure to customer X arising from the guarantee ($100).
10. Exposure to an LC group is the aggregate exposure to all the counterparties in an LC
group. However, if the AI’s exposure to an entity is covered by a recognized CRM provided by another entity within the same LC group, by virtue of Rule 47(4) of the BELR, the AI should include the same portion of the exposure once only in determining the AI’s ALCG exposure to the group. For the purpose of reporting the AI’s exposure to this LC group in this return, the AI should ignore the recognized CRM provided by entities of the same group and report the relevant exposure in column 3 to 7 according to the nature of the protected exposure instead of in column 8 as an indirect exposure. Besides, the amount of the exposure before CRM and after CRM in respect of such protected exposure should be the same.
11. An exposure reported should include interest accrued on the exposure except for the case
that it has not been recognised in the profit & loss account of the reporting institution but credited as interest in suspense, whether or not it has been capitalised.
12. Exempted exposure before CRM includes (1) the amount of exposures before CRM that
is disregarded from the determination of an ASC exposure or ALCG exposure in accordance with Rule 48(1) except for Rule 48(1)(b), (d) and (k) (i.e. it is not necessary to include exposures not concerning the risk of default of a counterparty such as holding a commodity or foreign currency, exposures to a security as mentioned in Rule 48(1)(d) and intraday bank exposures, in the reporting of exempted exposures before CRM.); and (2) the amount of exposure deducted in the valuation of an exposure in accordance with Rule 57(1)(c) or (d), which is treated as exempted exposure for the purposes of this Return.
13. For the purposes of reporting Part I of this return, connected party exposure should
include exposures disregarded under Rule 48(1)(a). Besides, an exposure of an AI to a firm, partnership or non-listed company controlled by a connected natural person should be treated as an exposure to that connected natural person.
MA(BS)28/P.6 (09/2019)
14. A net short position to a counterparty in the banking book or a net short position to a
counterparty in the trading book should be disregarded.
15. Indirect exposures should be determined as exposures to a credit protection provider by
Rule 54 of the BELR.
16. For the purposes of reporting the exposures before CRM and exposures after CRM in
this Return, subdivision 2, Division 3 (for reducing a CRM covered exposure) and rule 54 (for recognizing an exposure to the credit protection provider) of Part 7 of the BELR apply to a reporting institution incorporated outside Hong Kong as if the institution were a Category A institution or Category B institution 5 . Alternatively, an institution incorporated outside Hong Kong - (i) may apply similar credit risk adjustment and risk transfer mechanism under the formal rules of its place of incorporation to implement the “Supervisory framework for measuring and controlling large exposures” issued by the BCBS in 2014 or; (ii) (if the regulator of its place of incorporation does not implement the “Supervisory framework for measuring and controlling large exposures” issued by the BCBS in 2014 for the time being) may apply the credit risk adjustment and risk transfer mechanism as applicable to it under its home rules on large exposures (to avoid doubt, this accommodates no adjustment and transfer). An overseas AI is required to inform its case officer on its choice of application of credit risk adjustment and risk transfer mechanism for the purpose of reporting this return and is expected to apply the chosen method consistently.
17. A reporting institution incorporated outside Hong Kong may, in relation to the
calculation of a CCR exposure, apply the calculation method 6 of default risk exposure for derivative contracts and securities financing transactions (SFT) that it is approved to apply under the capital rules implemented in its place of incorporation instead of the methods set out in the BCR, provided that the method that is approved to apply is not an internal modelling method. If the approved method is an internal modelling method, before the new standardized approach for counterparty credit risk (“SA(CCR)”) under the Basel III framework 7 is implemented in its place of incorporation, it should use the method set out under paragraph (a), (b) or (f) of the definition of default risk exposure under section 2(1) of the BCR and take into account the CRMs considered in the calculation of the risk-weighted amount of such default risk exposure under the BCR or a comparable method under the capital rules of its place of incorporation to calculate the default risk exposure of its derivative contracts;
5
If a reporting institution incorporated outside Hong Kong applies the CRM provisions in the BELR as if it were a Category A institution or Category B institution, it should apply the STC simple approach and STC comprehensive approach for the purposes of CRM. When to use which approach is prescribed under section 78 of the BCR. 6 For an overseas incorporated AI which has opted to use the SA(CCR) method as implemented by its head office for calculating default risk exposures arising from derivative contract, if it has difficulties in using SA(CCR) to compute such exposure to an intragroup counterparty for reasons in relation to the consolidation practices of the AI, it may calculate the default risk exposure to an intragroup counterparty by a method stipulated under the first bullet point above as if the SA(CCR) has not been implemented in the AI’s place of incorporation for the purposes of reporting Parts I and V of this return. 7 See BCBS, March 2014, The standardised approach for measuring counterparty credit risk exposures, accessible at https://www.bis.org/publ/bcbs279.htm.
MA(BS)28/P.7 (09/2019)
before the revisions to the STC approach being proposed by BCBS is implemented in its place of incorporation, it should calculate the default risk exposure of its SFTs by using (1) the method set out under paragraph (c) or (d) of the definition of default risk exposure under section 2(1) of the BCR and take into account the CRMs considered in the calculation of the risk-weighted amount of such default risk exposure under the BCR or (2) a comparable method under the capital rules of its place of incorporation.; after the new SA(CCR) under the Basel III framework is implemented in its place of incorporation, it should use either (1) that method or a comparable method under the BCR (when available), or (2) before SA(CCR) has been implemented locally, a method stipulated under the first bullet point above as if the SA(CCR) has not been implemented in the AI’s place of incorporation, to calculate the default risk exposure of its derivative contracts; after the revisions to the STC approach being proposed by BCBS is implemented in its place of incorporation, it should use that method, or the revised STC approach set out under the BCR, to calculate the default risk exposure of its SFTs.
18. A locally incorporated AI should report an exposure to an AI/bank arising from the
balance of its Nostro account maintained with the AI/ bank based on available balance instead of the ledger balance. An AI incorporated outside Hong Kong, however, is allowed to report such exposure based on either the available balance or ledger balance as long as the relevant reporting approach is applied consistently.
19. Under the BELR, a Category A institution can value an exposure covered by a
recognized collateral or recognized guarantee issued by an exempted sovereign entity in accordance with either (1) the credit risk mitigation provision under Subdivision 2, Division 3, Part 7 or (2) the deduction provision under Rule 57(1)(c). For the purposes of reporting this return, a Category A institution should, however, only apply the former option to value the relevant exposure and report nil in the memo item on deduction under column 12 in respect of such exposure. Exposures to joint accounts
20. If a reporting institution has extended its financial facilities to joint accounts the holders
of which are individuals who are jointly and severally responsible for the financial facilities, the AI should report its exposures to each of the individual holders of the joint accounts. For example, assuming that loan 1 is granted to a joint account held by individuals “A” and “B” and loan 2 is granted to another joint account held by individuals “A” and “C”, the following exposures should be measured for the purpose of determining whether any of them has to be reported as a large exposure under this Return:
Borrower Amount of loans reported
Individual A loan 1 + loan 2
Individual B loan 1
Individual C loan 2
Basis for exposure ranking
21. Exposures should be reported in descending order of exposure amount based on,
MA(BS)28/P.8 (09/2019)
for the purposes of Parts I, II and V, the maximum exposure before CRM in the reporting period; for the purposes of Part III, the maximum exposure after CRM in the reporting period; and for the purposes of Part IV, the total exempted exposure before CRM at the reporting date.
Section B: Specific Instructions
Columns in tables
22. Column (2) Maximum exposure – Report maximum exposure before CRM (in respect of
Parts I, II and V) or after CRM (in respect of Part III) during the reporting period.
23. Column (3) On-balance sheet exposures – Report on-balance sheet exposures before
CRM (in respect of Parts I, II, IV and V) or after CRM (in respect of Part III) in the banking book. Exposures arising from the assets underlying an option contract that is booked in the banking book 8 , as valued in accordance with Rule 68 of the BELR, should be reported in this column notwithstanding that strictly speaking this may not be an on-balance sheet exposure. Do not include on-balance sheet exposures in relation to default risk exposures of derivative transactions and SFTs, which should be reported under column (6) Default risk exposures arising from derivative transactions and SFTs. For avoidance of doubt, the amount reported in this column should have taken into account the offsetting under Rule 56 of the BELR if applicable.
24. Column (4) Trading book exposures – Report trading book exposures before CRM (in
respect of Parts I, II, IV and V) or after CRM (in respect of Part III). Exposures arising from the assets underlying an option contract that is booked in the trading book, as valued in accordance with Rule 68 of the BELR, should be reported in this column. For avoidance of doubt, the amount reported in this column should have taken into account the offsetting under Rule 56 of the BELR if applicable.
25. Column (5) Off-balance sheet exposures arising from commitments and contingent
liabilities – Report such exposures before CRM (in respect of Parts I, II, IV and V) or after CRM (in respect of Part III) in the banking book.
26. Column (6) Default risk exposures arising from derivative contracts and SFTs – Report
default risk exposures before CRM (in respect of Parts I, II, IV and V) or after CRM (in respect of Part III) arising from derivative contracts and SFTs, irrespective of whether the item from which the exposures have arisen is booked in the AI’s banking book or trading book. For avoidance of doubt, an AI should report the amount of default risk exposures arising from derivative contracts and SFTs as valued in accordance with rule 59 and 60 of the BELR (i.e. after bilateral netting as applicable) as “exposure before CRM”. If this amount is subject to a recognized CRM that has not been taken into account in the calculation of the amount, the amount after adjusting for such recognized CRM should be reported as “exposure after CRM”. However, for the purpose of reporting the default risk exposures arising from a margin lending transaction, any recognized collateral that is taken into account in the calculation of the risk-weighted
8
See illustrative examples on the reporting of an option contract with several underlying assets or with reference to a stock index as underlying asset in Annex 1.
MA(BS)28/P.9 (09/2019) amount of default risk exposure under the BCR should be reported as a CRM under the BELR irrespective of whether the reporting institution is a Category A institution or Category B institution. See illustrative examples on the reporting of a SFT in Annex 2.
27. Column (7) Exposures arising from investment with additional risk factor – In relation
to an entity that falls under Rule 52(1)(a), (b), (c), (d) or (e) of the BELR, report the exposures before CRM (in respect of Parts I, II, IV and V) or after CRM (in respect of
Part III) that an AI is required to include as its exposures to that entity under Rule 52(2).
28. Column (8) Indirect exposures – Report exposures before CRM (in respect of Parts I, II,
IV and V) or after CRM (in respect of Part III) of a reporting institution that arise from the counterparty providing credit protection to the reporting institution’s other exposures.
29. Column (10) As % of Tier 1 capital (%) – Report the percentage of the amount reported
in column (9) to the amount of Tier 1 capital of the institution.
30. Column (11) – In respect of Parts I, II and V, report the total exposures after CRM. In
respect of Part III, report the total exposures before CRM. In respect of Part IV, report the provision of the BELR under which an exemption is granted. If more than one exemption provision is applicable to the exposures to the same counterparty, the AI should report all the relevant provisions.
31. Column (12) Memorandum item: Deductions – Report the amount of exposures that is
deducted from the relevant exposures before CRM (in respect of Parts I, II and V) or after CRM (in respect of Part III) in accordance with rule 57 of the BELR.
Part I: Exposures to any non-bank connected party equal to or exceeding 5% of Tier 1 capital
during the reporting period
32. Report in the table any exposures before CRM to a non-bank connected party equal to or
exceeding 5% of the reporting institution’s Tier 1 capital during the reporting period.
33. Report in “Memorandum items” under this part the aggregate exposures to all non-bank
connected parties and connected natural persons of the reporting institution as at the reporting date, including the amounts before and after CRM and the amount as a percentage of the Tier 1 capital of the reporting institution.
Part II: Twenty largest exposures (and all those equal to or exceeding 10% of Tier 1 capital)
before CRM during the reporting period
34. Subject to paragraph 35, report in the table the twenty largest exposures before CRM to
an LC group (or a counterparty if it does not belong to any LC group) and all those exposures before CRM to an LC group (or a counterparty if it does not belong to any LC group) equal to or exceeding 10% of the Tier 1 capital of the reporting institution during the reporting period.
35. An overseas incorporated reporting institution should report its 20 largest exposures
before CRM during the reporting period only.
Part III: Twenty largest exposures (and all those equal to or exceeding 10% of Tier 1 capital)
after CRM during the reporting period
MA(BS)28/P.10 (09/2019)
36. Subject to paragraph 37, report in the table the twenty largest exposures after CRM to an
LC group (or a counterparty if it does not belong to any LC group) and all those exposures after CRM to an LC group (or a counterparty if it does not belong to any LC group) equal to or exceeding 10% of the Tier 1 capital of the reporting institution during the reporting period.
37. An overseas incorporated reporting institution should report its 20 largest exposures
after CRM during the reporting period only.
38. Report in the “Memorandum items” under this part the aggregate amount of the large
exposures excluding banks 9 of the reporting institution as at the reporting date, including the amount after CRM and the ratio of the amount to the Tier 1 capital of the reporting institution expressed as a percentage. In this connection, an AI only needs to include the exposure to an LC group (or a counterparty if it does not belong to any LC group) under the Memorandum items if the aggregate non-bank exposure to this group/ counterparty after CRM equals or exceeds 10% of the AI’s Tier 1 capital. If the exposures to a single counterparty is included in more than one LC group in a Memorandum item under this part, such exposures should only be counted once in the item.
Part IV: Exempted exposures before CRM (other than intragroup exposures) equal to or
exceeding 10% of Tier 1 capital
39. Report in the table any aggregate exempted exposures to an LC group (or a counterparty
if it does not belong to any LC group) equal to or exceeding 10% of the Tier 1 capital of the reporting institution as at the reporting date except for exposures to a group affiliate, which should instead be reported in Part V. For the purposes of reporting this Part, the amount of exposure deducted in the valuation of an exposure under Rule 57(1)(c) and (d) (“deduction amount”) is treated as an exempted exposure. In respect of the deduction amount under Rule 57(1)(c), a reporting institution should report it in column (8) as an indirect exposure to the exempted sovereign entity that issued the recognized collateral or recognized guarantee. In respect of the deduction amount under Rule 57(1)(d), a reporting institution should report it in column (3) to (8) according to the nature of the exposure from which the relevant deduction is made.
40. If an LC group includes an exempted sovereign entity, the reporting of the amount of
exempted exposure of the LC group should exclude the exempted exposure of the exempted sovereign entity. The exempted exposure of the exempted sovereign entity should be considered on a standalone basis. For example, if after excluding the exempted sovereign entity, the exempted exposure of the LC group is only 4% of the AI’s Tier 1 capital, it is not necessary to report the exempted exposure to this LC group in this Part. If the exempted exposure of that exempted sovereign is 12% of the Tier 1 capital, this exempted exposure of the exempted sovereign entity should be reported on a standalone basis.
Part V Intragroup exposures equal to or exceeding 5% of Tier 1 capital (local AIs) or 20
largest intragroup exposures (overseas AIs) during the reporting period
9
For the purposes of this item,”banks” include a bank holding company if it is subject to the supervision of a prudential regulator. For avoidance of doubt, a category B institution should treat a corporate bond covered by a recognized bank guarantee as a corporate exposure and i.e. not excluded from the clustering limit.
MA(BS)28/P.11 (09/2019)
41. A locally incorporated AI should report in the table any exempted exposures before
CRM (as defined under para. 12 of the CIs) to a group affiliate of the reporting institution that equals or exceeds 5% of the Tier 1 capital of the institution during the reporting period.
42. An overseas-incorporated AI should report on the basis as if its operation in Hong Kong
were a separate legal entity incorporated in Hong Kong and each of its head office and overseas branch were a group affiliate of that separate legal entity. Report the twenty largest exempted exposures before CRM to each of its group affiliates during the reporting period.
43. When an exposure to a group affiliate of the AI is also subject to the deduction under
Rule 57(1)(d), the amount of deduction should be reported in column (3) to (8) according to the nature of the exposure instead of in column (12). Similarly, when reporting Column (2) “maximum exposure before CRM in reporting period”, the relevant deduction under Rule 57(1)(d) should be added back as if Rule 57(1)(d) does not apply to the valuation of AI’s exposure to the group affiliate. Report Column (11) treating the amount of deduction as if it were adjustments applicable to recognized CRM.
44. Report in the “Memorandum items” under this part the aggregate exposures to all group
affiliates of the reporting institution as at the reporting date, including the amounts before and after CRM and the ratios of the amounts to the Tier 1 capital of the reporting institution expressed as a percentage. The adjustment to the deduction amount under Rule 57(1)(d) in para. 43 above should similarly apply to the determination of aggregate intragroup exposures both before and after CRM. If the same portion of exposure of an AI is included in the determination of the AI’s exposure to 2 or more group affiliates in
Part V of the return, the exposure is to be counted once only in determining the
aggregate intragroup exposure (e.g. If an AI’s exposure to a group affiliate A is guaranteed by group affiliate B of the AI, the exposure should only count once as a direct exposure to group affiliate A in determining the aggregate intragroup exposure under Part V). An overseas-incorporated AI should identify its group affiliates on the same basis as under paragraph 42. Hong Kong Monetary Authority September 2019
MA(BS)28/P.12 (09/2019)
Annex 1
Illustrative example on the reporting of the non-CCR exposures arising from certain option contracts In respect of option contracts with several underlying assets or with reference to a stock index as underlying assets, an AI is always allowed to look-through the index or basket of securities to the exposure to a constituent security in the index or basket of securities, and must do so if the exposure to the security, calculated by the method below, equals to or exceeds 0.25% of the AI's Tier 1 capital. If an AI is unable to identify the securities contained in an index or a basket of securities which are the underlying assets of an option contract, the AI should (1) in cases where the exposure arising from the option contract as determined in accordance with Rule 68 does not exceed 0.25% of the AI’s Tier 1 capital, assign the exposure as an exposure to the index or basket as a distinct counterparty, or (2) in other cases, assign the exposure to a hypothetical counterparty known as the “unknown client”. All exposures to the unknown client (including those under rule 71(4)(b)(i)) must be added up as if they were related to a counterparty, to which rule 44(1) applies. It should be noted that the method under Rule 71(6) that applies to look-through for direct holdings of an investment structure does not apply directly to look-through for the underlying basket of assets or securities index of an option contract. Method for look-through for an index or basket of securities underlying an option contract to a constituent security of the index or basket of securities Principle - Pursuant to Rule 68(2), the exposure to the constituent stock equals the change in option price that would result from a default of the constituent stock. Example: A bank seeks to look through an option contract on an index to a constituent stock A in the index. Let the current underlying (i.e. index) price be U0, the strike price be S and the option price be V0. The calculation is the same for a call or a put option. Firstly, estimate the new underlying price assuming stock A’s jump to default – e.g. if stock A accounts for 2% of the index 10, the new underlying price level arising after the default of A is U1 = 0.98.U0. Then calculate V1 by revaluing the option based on the new underlying price level U1 (assuming the volatility to remain unchanged). To determine the exposure to stock A arising from the option contract, take the absolute value of the change in option price (V1 – V0) and adjust the calculated value as follows:
10 In general, the weight of a security in a basket of securities is the ratio of the fair value of that security to the aggregate fair value of all the securities in the basket of securities while the weight of a security in a securities index is the weight of the security in the securities index as specified by the index provider that compiles the index.
MA(BS)28/P.13 (09/2019)
The exposure to a constituent security calculated by the above method can be used for offsetting an opposite exposure to the same counterparty, if allowed by the BELR. A net short position in a book after offsetting is taken as zero. Example: An AI (case i) bought or (case ii) sold a call option for its banking book with an underlying consisting of 3 securities A, B and C. Assuming that:
MA(BS)28/P.14 (09/2019)
Annex 2
Illustrative examples on the reporting of a SFT Case 1: AI entered into a margin lending transaction with Customer A:
Financing to Customer A: $100
Amount of shares (Issued by Entity B) pledged after haircut: $100 Scenario 1: the new shares are recognized collateral (assume the exposures are reportable)
Part II & III, MA(BS)28
Before CRM After CRM
Default risk exposures arising from derivative contracts and SFTs Col (6) Indirect exposures Col (8) Default risk exposures arising from derivative contracts and SFTs Col (6) Indirect exposures Col (8) Customer A 100 0 Entity B 100 100 Scenario 2: the new shares are NOT recognized collateral (assume the exposures are reportable)
Part II & III, MA(BS)28
Before CRM After CRM
Default risk exposures arising from derivative contracts and SFTs Col (6) Indirect exposures Col (8) Default risk exposures arising from derivative contracts and SFTs Col (6) Indirect exposures Col (8) Customer A 100 100 Entity B 0 0 Case 2: AI entered into the following repo-style transactions with a counterparty (Counterparty X):
AI delivered AI received
(i) Reverse repo transaction
HK$1m cash HK$1.2m exempted sovereign bond issued by Sovereign A (assume HK$1.14m after haircut) (ii) Repo transaction HK$0.5m exempted sovereign bond(Note) issued by Sovereign B booked in the banking book (assume HK$0.525m after haircut) HK$0.5m cash Total (after haircut) HK$1.525m HK$1.64m
MA(BS)28/P.15 (09/2019)
Note: the securities sold in a repo transaction (i.e. the Sovereign B bond in this case) are treated as an on-balance sheet exposure of the institution as if the institution had never entered into the transaction and the relevant non-CCR exposure should be valued in accordance with Rule 67 of the BELR Through these repo-style transactions, the institution had gross default risk exposure of HK$1.525m (i.e. aggregate value of cash and securities delivered) to Counterparty X. Scenario 1: No netting agreement with Counterparty X (assume the exposures are reportable) As there is no netting agreement with Counterparty X, transactions (i) and (ii) have to be considered separately. For transaction (i), the default risk exposure of HK$1m was fully offset by the recognized collateral of the Sovereign A bond. In accordance with Rule 54(2)(a)(ii), the AI should report an indirect exposure to Sovereign A. For transaction (ii), there is a residual default risk exposure of HK$0.025m after the consideration of the recognized collateral of cash. Please note that the value of such recognized collateral has been considered in the calculation of the risk-weighted amount of default risk exposure under the BCR and so the amount of CCR exposure arising from a SFT valued in accordance with Rule 60 would be an amount net of such recognized collateral. Before CRM (in HKD’000) After CRM (in HKD’000) On-balance sheet exposures in the banking book Col (3) Default risk exposures arising from derivative contracts and SFTs Col (6) Indirect exposures Col (8) On-balance sheet exposures in the banking book Col (3) Default risk exposures arising from derivative contracts and SFTs Col (6) Indirect exposures Col (8)
Part II & III, MA(BS)28
Counterparty
X
25 25
Part IV, MA(BS)28
Sovereign A 1,000
Sovereign B 500
Scenario 2: Netting agreement applies to the transaction with Counterparty X (assume the exposures are reportable) The aggregate gross default risk exposure amount of HK$1.525m in the netting set can be offset by the aggregate collateral received of HK$1.64m in the netting set. As a result, the full amount of exposure of HK$1.525m was offset by value of collateral available. Before CRM (in HKD’000) After CRM (in HKD’000) On-balance sheet exposures in the banking book Col (3) Default risk exposures arising from derivative contracts Indirect exposures Col (8) On-balance sheet exposures in the banking book Col (3) Default risk exposures arising from derivative contracts Indirect exposures Col (8)
MA(BS)28/P.16 (09/2019) and SFTs
Col (6) and SFTs
Col (6)
Part II & III, MA(BS)28
Counterparty
X
0 0
Part IV, MA(BS)28
Sovereign A 1,025*
Sovereign B 500
*AI should refer to Rule 83 of the BELR for the treatment of overlap of coverage of recognized CRM. Assume in this case, the reduction amount of the exposure to the CRM uncovered portion is allocated between the CRMs of Sovereign A bond of HK$1.025m and cash of HK$ 0.5m.
under the Banking Ordinance
RETURN OF LARGE EXPOSURES
(in HK$'000)
On-balance sheet exposures in the banking book (excluding those in relation to columns (5) and (6)) Trading book exposures (excluding those in relation to column (6)) Off-balance sheet exposures arising from commitments and contingent liabilities Default risk exposures arising from derivative contracts and SFTs Exposures arising from investment with additional risk factor Indirect exposures (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 0 Total 0 Memorandum items Amount (in HK$'000) Amount (in HK$'000) As % of Tier 1 capital (%) As % of Tier 1 capital (%) Before CRM After CRM Before CRM After CRM Aggregate exposure to non-bank connected parties Aggregate exposure to connected natural persons
I. Exposures to any non-bank connected party equal to or exceeding 5% of Tier 1 capital during the reporting period
As % of Tier 1 capital
(%)
Maximum exposure Exposures at reporting date before CRM in reporting period Name of entity Memorandum item:
Deductions
(amount of deduction according to rule 57 of BELR excluded from columns (3) to (8)) Exposure before CRM Total exposure before CRM = Sum of columns (3) to (8) Total exposure after CRM 2
II. Twenty largest exposures (and all those equal to or exceeding 10% of Tier 1 capital) before CRM during the reporting period
(in HK$'000)
On-balance sheet exposures in the banking book (excluding those in relation to columns (5) and (6)) Trading book exposures (excluding those in relation to column (6)) Off-balance sheet exposures arising from commitments and contingent liabilities Default risk exposures arising from derivative contracts and SFTs Exposures arising from investment with additional risk factor Indirect exposures (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 0 Total 0 Memorandum item:
Deductions
(amount of deduction according to rule 57 of BELR excluded from columns (3) to (8)) Maximum exposure Exposures at reporting date before CRM in reporting period Name of entity / LC group Total exposure before CRM = Sum of columns (3) to (8) As % of Tier 1 capital (%) Exposure before CRM Total exposure after CRM 3
III. Twenty largest exposures (and all those equal to or exceeding 10% of Tier 1 capital) after CRM during the reporting period
(in HK$'000)
On-balance sheet exposures in the banking book (excluding those in relation to columns (5) and (6)) Trading book exposures (excluding those in relation to column (6)) Off-balance sheet exposures arising from commitments and contingent liabilities Default risk exposures arising from derivative contracts and SFTs Exposures arising from investment with additional risk factor Indirect exposures (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 0 Total 0 Memorandum Items Amount (in HK$'000) As % of Tier 1 capital (%) For monitoring clustering exposures: After CRM After CRM Aggregate large exposure Total exposure after CRM = Sum of columns (3) to (8) Maximum exposure Exposures at reporting date after CRM in reporting period Name of entity / LC group Memorandum item:
Deductions
(amount of deduction according to rule 57 of BELR excluded from columns (3) to (8)) Exposure after CRM As % of Tier 1 capital (%) Total exposure before CRM 4
IV. Exempted exposures before CRM (other than intragroup exposures) equal to or exceeding 10% of Tier 1 capital
(in HK$'000)
On-balance sheet exposures in the banking book (excluding those in relation to columns (5) and (6)) Trading book exposures (excluding those in relation to column (6)) Off-balance sheet exposures arising from commitments and contingent liabilities Default risk exposures arising from derivative contracts and SFTs Exposures arising from investment with additional risk factor Indirect exposures (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 0 Total 0
V. Intragroup exposures equal to or exceeding 5% of Tier 1 capital (local AIs) or 20 largest intragroup exposures (overseas AIs) during the reporting period
(in HK$'000)
On-balance sheet exposures in the banking book (excluding those in relation to columns (5) and (6)) Trading book exposures (excluding those in relation to column (6)) Off-balance sheet exposures arising from commitments and contingent liabilities Default risk exposures arising from derivative contracts and SFTs Exposures arising from investment with additional risk factor Indirect exposures (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 0 Total 0 Memorandum Items Amount (in HK$'000) Amount (in HK$'000) As % of Tier 1 capital (%) As % of Tier 1 capital (%) Before CRM After CRM Before CRM After CRM Aggregate intragroup exposure As % of Tier 1 capital (%) Total exempted exposure after CRM Name of entity / LC group Name of entity Maximum exposure before CRM in reporting period Exempted Exposure before CRM Exposures at reporting date Memorandum item:
Deductions
(amount of deduction according to rule 57 of
BELR excluded from columns (3) to (8))
Total exempted exposure before CRM
= Sum of columns (3) to (8)
Maximum exposure before CRM in reporting period Exempted Exposure before CRM As % of Tier 1 capital (%) Provision(s) under which exemption is granted Exposures at reporting date Total exempted exposure before CRM = Sum of columns (3) to (8) 5
MA(BS)3(Introduction)/P.1 (9/2019)
Completion Instructions
Return of Capital Adequacy Ratio
Forms MA(BS)3(I) to 3(VI)
Introduction
MA(BS)3(Introduction)/P.2 (9/2019)
4. In completing Part VI of this Return, reporting institutions should additionally have
regard to the Banking (Exposure Limits) Rules as well as other relevant supervisory policy guidance related to the large exposure framework issued by the HKMA.
5. Parts I, II and V are applicable to all reporting institutions. Part IV on Market Risk is
applicable only to reporting institutions which are not exempted under the de minimis criteria as set out in section 22 of the BCR. For Parts IIIa to IIIc on Credit Risk, reporting institutions are required to submit form(s) for the approach(es) being used by them to risk-weight their non-securitization exposures. Parts IIId to IIIf and VI are applicable only if the institutions have exposures that are the subject of these Parts. Combined / consolidated return
6. Where applicable, the forms should be completed both on a solo (or solo-consolidated)
basis (i.e. the Combined Return) and on a consolidated basis (i.e. the Consolidated Return). Reporting institutions should make reference to the respective provisions of the BCR when reporting their solo, solo-consolidated or consolidated position (i.e. sections 29, 30 and 31 of the BCR respectively).
7. A reporting institution should include positions in the return as follows:
Solo basis All positions of the institution and its local and overseas branches / offices. Solo-consolidated basis All positions of the institution, its local and overseas branches / offices and its solo-consolidated subsidiaries as defined in section 4 of the BCR. Consolidated basis All positions of the institution’s consolidation group (including local and overseas branches) as defined in
section 4 of BCR.
Reporting institutions should obtain the necessary approvals from the Monetary Authority (MA) and follow the requirements that are relevant to their choice of calculation approaches as set out in Part 2 of the BCR. Instructions applicable to consolidated basis
8. If every member of a reporting institution’s consolidation group uses the same
approach in calculating the risk-weighted amount for a particular risk (i.e. credit, market, operational or sovereign concentration risk), the consolidation group should be treated as one single entity. The positions of individual members within the institution’s consolidation group with respect to each of the risk types should be aggregated. The consolidated risk-weighted amounts for credit risk, market risk and operational risk should be calculated according to the approaches selected for these risks. The consolidated risk-weighted amount for sovereign concentration risk should be calculated according to Part 10 of the BCR.
9. With the prior consent of the MA, members of a reporting institution’s consolidation
group may use different approaches in calculating the risk-weighted amount for a
MA(BS)3(Introduction)/P.3 (9/2019) particular risk (i.e. credit, market or operational risk). Where different approaches are used, the consolidated risk-weighted amount should be calculated by aggregating the risk-weighted amounts for each of the members calculated separately (1) according to the approaches used by the member concerned for credit risk, market risk and operation risk and (2) according to Part 10 of the BCR in respect of sovereign concentration risk.
10. Any inter-company balances, transactions, income and expenses, as the case may be,
among members of the consolidation group shall be eliminated in the calculation.
11. With the prior consent of the MA, a reporting institution may be allowed to calculate
the capital charge for exposures of its one or more than one subsidiary incorporated in overseas countries in accordance with the capital adequacy standards adopted by the host supervisors of these subsidiaries. Submission dates
12. The return should show the position as at the last calendar day of each quarter and
should be submitted as follows:
(a) Combined return – within 1 month after the end of each quarter in the case of reporting institutions without overseas branches, or within 6 weeks in all other cases; and (b) Consolidated return – within 6 weeks after the end of each quarter unless otherwise advised by the HKMA; and (c) If the submission deadline falls on a public holiday, it will be deferred to the next working day. Definitions
13. Unless otherwise specified, terminology used in this return follows that of the BCR.
For ease of reference, most of the main terms are printed in bold italics on their first appearance in these instructions. Reporting institutions should refer to the BCR for definitions of these terms. Others
14. Amounts should be shown to the nearest thousand, in HK$ or HK$ equivalents in the
case of foreign currency items. The closing middle market T/T rates prevailing at the reporting date should be used for conversion purposes.
15. Securities transactions are to be reported on trade date basis.
Hong Kong Monetary Authority
September 2019
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