2021-06-26
Added · Updated
The German Federal Ministry of Finance issued this regulation to implement EU liquidity standards for credit institutions not fully covered by Regulation (EU) No 575/2013. It mandates that institutions maintain a liquidity ratio of at least 1.0 by classifying cash and payment obligations into four maturity bands and calculating specific observation ratios. Institutions may alternatively use internal liquidity risk measurement and control systems, provided they obtain prior written approval from the Federal Financial Supervisory Authority (BaFin) and meet strict operational and reporting requirements.
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Revised Reading Version
As of June 26, 2021
Non-official Text
Regulation on the Liquidity of Institutions (Liquidity Regulation – LiqV) Of December 14, 2006 last amended by Article 7 Paragraph 41 of the Act on the Implementation of Directive (EU) 2019/2034 on the Supervision of Securities Firms of May 12, 2021 (BGBl. I p. 990). The Federal Ministry of Finance ordains on the basis of
§ 1
Scope of Application
This Regulation shall apply to those credit institutions to which the provisions of Part 6 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of June 26, 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176 of 27.6.2013, p. 1; L 208 of 2.8.2013, p. 68; L 321 of 30.11.2013, p. 6; L 193 of 21.7.2015, p. 166; L 20 of 25.1.2017, p. 3; L 13 of 17.1.2020, p. 58; L 335 of 13.10.2020, p. 20; L 405 of 2.12.2020, p. 79), last amended by Regulation (EU) 2020/873 (OJ L 204 of 26.6.2020, p. 4), do not apply.
§ 2
Sufficient Liquidity
(1) 1
The liquidity of an institution shall be deemed sufficient if the liquidity ratio to be determined does not fall below the value of one. 2 The liquidity ratio indicates the ratio between the cash available in Maturity Band 1 and the payment obligations callable during this period. 3 Cash and payment obligations are each to be assigned to one of the following maturity bands: due
§ 3
Cash
(1) As cash, subject to Paragraph 3, the following shall be recorded in Maturity Band 1:
insofar as their repurchase and settlement rules correspond to those for retail special funds; the investment conditions of the special funds must ensure that unit holders can return their units on a daily basis and that repurchase cannot be refused contrary to Section 98 Paragraph 2 of the Investment Code (Kapitalanlagegesetzbuch). (2) As cash, subject to Paragraph 3, the following shall be recorded in Maturity Bands 1 to 4 according to their remaining maturities:
Claims on central banks,
Claims on credit institutions,
Claims on customers,
Bills refinancable at central banks that do not already fall under Numbers 2 or 3,
In-kind claims of the lending institution for the return of lent securities,
Other bonds and other fixed-income securities not covered under Paragraph 1, including fixed-income securities transferred to the institution as the repo buyer or borrower in the context of repurchase agreements or securities lending transactions,
In-kind claims of the repo seller for the re-transfer of securities in the context of genuine repurchase agreements,
Monetary claims of the repo buyer from non-genuine repurchase agreements up to the agreed repayment amount, if the current market value of the transferred securities is below this amount, and
Claims against the public sector (in particular currency conversion compensation funds), including bonds issued from their conversion, insofar as they are not covered by Paragraph 1 No. 5,
insofar as the respective remaining maturities on the reporting date do not exceed one year.
(3) No liquid-effective cash within the meaning of Paragraphs 1 and 2 are:
Claims and bills on which individual allowances have been made if current performance disruptions exist,
Participations and units in affiliated companies,
Repurchased bonds of own issuance that do not meet the requirements of Article 129 of Regulation (EU) No 575/2013,
Securities transferred in the context of repurchase agreements or securities lending transactions for the duration of the transaction with the repo seller or lender,
Securities pledged as collateral that are removed from the disposal of the institution for the period of the collateralization, unless they are pledged at a central bank of the European System of Central Banks, and
Other investment units not listed under Paragraph 1 No. 8, insofar as they are not covered as cash by Paragraph 1 No. 5.
§ 4
Payment Obligations
(1) As payment obligations, the following shall be recorded in Maturity Band 1:
(2) As payment obligations, the following shall be recorded in Maturity Bands 1 to 4 according to their remaining maturities:
Liabilities to a central bank,
Liabilities to credit institutions,
(repealed)
Liabilities to customers, insofar as they do not fall under Number 12,
In-kind liabilities of the borrowing institution for the return of borrowed securities,
In-kind liabilities of the repo buyer from the obligation to return securities in the context of genuine securities repurchase agreements,
Monetary liabilities of the repo seller from non-genuine repurchase agreements up to the agreed repayment amount, if the current market value of the transferred securities is below this amount,
Securitization liabilities,
Subordinated liabilities,
Participatory rights capital,
Other liabilities, and
20 percent of the undrawn part of securitization liquidity facilities within the meaning of Article 255 Paragraph 1 of Regulation (EU) No 575/2013, which cannot be terminated by the institution at any time without notice and unconditionally,
if a drawdown between the refinancing dates for the securitization transaction is excluded, insofar as the respective remaining maturities on the reporting date do not exceed one year.
(3) The expected drawdowns of irrevocably committed investment loans and mortgage-backed loans paid out according to construction progress during the twelve months following the reporting date shall be recorded at
12 percent in Maturity Band 1,
16 percent in Maturity Band 2,
24 percent in Maturity Band 3, and
48 percent in Maturity Band 4.
§ 5
Securities Repurchase and Securities Lending Transactions (1) 1 Securities repoed in the context of genuine repurchase agreements shall be attributed to the inventory of the repo buyer, who must take into account a resulting in-kind liability for the return of the papers. 2 The repo buyer shall credit a monetary claim against the repo seller up to the agreed repayment amount. 3 The repo seller shall record an in-kind claim for the return of the papers instead of the securities. 4 He shall take into account a monetary liability up to the agreed repayment amount towards the repo buyer. (2) 1 Securities acquired by the repo buyer in the context of non-genuine repurchase agreements shall be deducted from the inventory of the repo seller, who shall credit the monetary funds received from the repo buyer in their place. 2 The repo buyer shall attribute the securities to his inventory instead of the outgoing monetary funds. 3 If the market price of the repoed securities is below the agreed repayment amount,
§ 6
Basis of Calculation
(1) 1
The basis of calculation for
§ 7
Remaining Maturities
1
The remaining maturity is considered to be
§ 8 (repealed)
§ 9 (repealed)
§ 10
Use of Institution-Specific Liquidity Risk Measurement and Control Procedures (1) 1 For the assessment of sufficient liquidity, the institution may, with permanent choice and the consent of the Federal Financial Supervisory Authority (BaFin), use its own liquidity risk measurement and control procedure instead of Sections 2 to 7, provided that the requirements according to Paragraph 3 are met and BaFin has confirmed its suitability for the purposes of this Regulation in writing upon the application of the institution. 2 BaFin may attach ancillary provisions, in particular conditions, to its consent and revoke consent already granted if the institution no longer meets the requirements according to Paragraph 3.
(2) 1
The suitability of an institution-specific liquidity risk measurement and control procedure is assessed on the basis of an examination carried out by BaFin in cooperation with the Deutsche Bundes Bank according to Section 44 Paragraph 1 Sentence 2 of the Banking Act and is checked by follow-up examinations after the issuance of the suitability confirmation. 2 Material changes to the liquidity risk measurement and control procedure require a new suitability confirmation according to Paragraph 1. (3) 1 The institution must in particular meet the following requirements for the use of its own liquidity risk measurement and control procedure:
(4) 1
An institution with its seat in Germany that is a subordinate company of an institutional group or a financial holding group and meets the requirements of Section 2a Paragraph 5 of the Banking Act, or that is a parent company and meets the requirements of Section 2a Paragraph 5 of the Banking Act, may, with permanent choice and the consent of BaFin, refrain from applying Sections 2 to 7 if the institutional group or the financial holding group to which the institution belongs uses its own liquidity risk measurement and control procedure and BaFin has confirmed its suitability in writing. 2 Paragraphs 1 to 3 apply accordingly.
§ 11
Reporting of Parameters
(1) 1
Institutions shall submit reports to the Deutsche Bundesbank regarding the requirements of Section 2 as of the status on the reporting date at the end of the month using the forms according to Annex 2 and 3 each by the 15th business day of the month following the reporting date. 2 Upon application of the institution, BaFin may grant an extension of the deadline. 3 For guarantee banks and credit guarantee associations, Sentence 1 applies with the proviso that the reports are to be submitted only twice a year as of the status on the reporting date at the end of May and the end of November each by the 15th business day of the month following the reporting date. (2) If an institution makes use of the option to use its own liquidity risk measurement and control procedure according to Section 10, BaFin shall, deviating from Paragraph 1, determine the content and form of the monthly reporting requirements in its individual written suitability confirmation for the respective liquidity risk measurement and control procedure according to Section 10. (3) 1 The reports according to Paragraphs 1 and 2 are i
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Source: Deutsche Bundesbank — 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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