2000-10-30
Added
The Bank of Portugal amends Notice No. 1/93 by adding items 7 and 8 to its annex, establishing that credit institutions and financial companies acting as assignors in securitization operations must hold own funds consistent with the risks assumed. Specifically, these institutions must calculate own fund requirements based on the value they would face if they retained the assigned credits, capped at the sum of assumed commitments and received assets or off-balance sheet elements. This regulation applies to credit institutions and financial companies involved in such securitization transactions.
Notices from the Bank of Portugal Notice No. 6/2000
Considering that credit institutions and financial companies, as assignors of credits in "securitization" operations, which, within the scope of these operations, assume commitments or receive asset or off-balance sheet elements, must possess own funds that are consistent with the risks assumed:
The Bank of Portugal, using the competence conferred on it by paragraph a) of Article 99 of the General Regime of Credit Institutions and Financial Companies, determines the following:
Items 7 and 8 are added to Part I of the annex to Notice No. 1/93, published in the Diário da República, 2nd series, of June 8, 1993, with the following wording:
"7 - Assignor institutions of credits in 'securitization' operations that, within the scope of these operations, assume commitments or receive asset or off-balance sheet elements must consider as own fund requirements the value to which they would be subject if they kept the assigned credits in their assets.
8 - The own fund requirements referred to in the previous number may, however, have as a maximum limit the sum of the value of the commitments assumed and the asset and off-balance sheet elements received by the institution within the scope of the 'securitization' operation in question."
Lisbon, October 24, 2000. - The Governor, Vítor Constâncio.
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