Entire Section
Operational Requirements for the Treatment of Clean-Up Calls
PIB A4.10.3
Where a
Clean-Up Call is included within a securitisation, theAuthorised Firm which has the ability to exercise theClean-Up Call must ensure that:(a) the exercise of theClean-Up Call must not be mandatory, in form or substance;(b) theClean-Up Call must not be structured to avoid allocating losses toCredit Enhancements , or positions held by investors or in any way structured to provideCredit Enhancement ; and(c) theClean-Up Call must only be exercisable when 10% or less of the original underlyingExposures orSecurities issued in that securitisation remains, or in the case of aSynthetic Securitisation , when 10% or less of the original reference portfolio value remains.Derived from RM111/2012 (Made 15th October 2012). [VER20/12-12]PIB A4.10.4
Where the conditions listed in PIB Rule A4.10.3 are not met the
Authorised Firm must hold capital against theExposures as follows:(a) for a TraditionalSecuritisation the underlyingExposures must be treated as if they had not been securitised;(b)Authorised Firms must not include any gain-on-sale in any element or component of theirCapital Resources ;(c) forSynthetic Securitisations , theAuthorised Firm must hold capital against the entire amount of securitisedExposures ; and(d) where aSynthetic Securitisation incorporates a call that is not aClean-Up Call , theAuthorised Firm must treat the transaction in accordance with the relevantCredit Risk mitigation techniques in PIB section 4.13.Derived from RM111/2012 (Made 15th October 2012). [VER20/12-12]PIB A4.10.5
An
Authorised Firm must treat a currency mismatch or a maturity mismatch between the underlyingExposure being hedged and theCredit Risk mitigation obtained through theSynthetic Securitisation in accordance withRules in sections PIB 4.13 and PIB A4.3.Derived from RM111/2012 (Made 15th October 2012). [VER20/12-12]