Guidance · KNF
The Polish Financial Supervision Authority issued Recommendation K to establish the general principles and specific requirements for mortgage banks to maintain the security register for mortgage bonds. The document mandates that registers be kept in paper or electronic form with strict controls on access, data integrity, and backup procedures, particularly referencing IT security standards for electronic systems. It further outlines requirements for the accuracy of entries, the format of copies submitted to the regulator, and the trustee's role in verifying and approving the register's contents.
regarding the rules for mortgage banks to maintain the mortgage bond security register
Warsaw, February 2016
Pursuant to the provisions of the Act of 29 August 1997 on mortgage bonds and mortgage banks (Journal of Laws of 2015, item 1588) (hereinafter referred to as the "Act"), mortgage banks are obliged to maintain a register of the security for mortgage bonds. This register plays an extremely important role in the activity of a mortgage bank; it contains information allowing for the identification of components constituting the basis for the issuance of mortgage bonds, as well as the means creating the surplus referred to in Article 18(3a) of the Act.
The core activity of specialized mortgage banks should be viewed in terms of the nature of the transactions undertaken by them. Mortgage banks, by design, grant long-term loans and refinance them through the issuance of usually long-term mortgage bonds. This requires both mortgage banks and banking supervisors to adopt an appropriate approach to ensuring the safety of their activities.
The Recommendation comprises a set of qualitative recommendations constituting general principles for maintaining the mortgage bond security register and its control. The recommendations concern the form of the register, authorizations for persons having access to the register, protection against data loss, and other requirements related to ensuring: correctness, auditability, continuity of operation, security of the register, and other administrative matters. The delegation granted to the Financial Supervision Authority in the Act allows only for the determination of the register's format, without dictating the form of its maintenance; therefore, mortgage banks have practically free choice regarding the form of its maintenance – in paper or electronic form. The Recommendation refers to these forms and draws attention to additional requirements in the case of maintaining the register in electronic form. In the case of maintaining the register in electronic form, the Recommendation indicates the necessity of meeting specific requirements related to this form and the information security of such a solution, as provided for in Recommendation D regarding the management of information technology areas and the security of the teleinformatics environment in banks.
In the case of entries made to the register by a mortgage bank, on a scale where the trustee applies sample testing instead of individual testing of each entry (which may be used, for example, in the event of a significant increase in the scale of the mortgage bank's lending activity or the transfer of a loan portfolio to a mortgage bank), the mortgage bank should collect documentation regarding the methodology and the process of determining the sample size by the trustee. The Recommendation contains necessary guidelines for the mortgage bank and the expectations of the supervisory authority in this regard.
The purpose of Recommendation K is to indicate by the Financial Supervision Authority to mortgage banks the basic principles for maintaining the mortgage bond security register.
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“Pursuant to the provisions of the Act of 29 August 1997 on mortgage bonds and mortgage banks (Journal of Laws of 2015, item 1588) (hereinafter referred to as the "Act")”
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Source: Polish Financial Supervision Authority — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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