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Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

You are viewing the version of the document as on 2021-01-01.

Article 1 Homogeneity of underlying exposures

For the purposes of Articles 20(8) and 24(15) of Regulation (EU) 2017/2402, underlying exposures shall be deemed to be homogeneous where all of the following conditions are met:

  1. (a)

    they correspond to one of the following asset types:

    1. (i)

      residential loans that are either secured by one or more mortgages on residential immovable property or that are fully guaranteed by an eligible protection provider among those referred to in Article 201(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Counciland qualifying for the credit quality step 2 or above as set out in Part Three, Title II, Chapter 2 of that Regulation;

    2. (ii)

      commercial loans that are secured by one or more mortgages on commercial immovable property, including offices or other commercial premises;

    3. (iii)

      credit facilities provided to individuals for personal, family or household consumption purposes;

    4. (iv)

      credit facilities, including loans and leases, provided to any type of enterprise or corporation;

    5. (v)

      auto loans and leases;

    6. (vi)

      credit card receivables;

    7. (vii)

      trade receivables;

    8. (viii)

      other underlying exposures that are considered by the originator or sponsor to constitute a distinct asset type on the basis of internal methodologies and parameters;

  2. (b)

    they are underwritten in accordance with standards that apply similar approaches for assessing associated credit risk;

  3. (c)

    they are serviced in accordance with similar procedures for monitoring, collecting and administering cash receivables on the asset side of the SSPE;

  4. (d)

    one or more of the homogeneity factors are applied in accordance with Article 2.

For the purposes of point (a) of this Article, where an underlying exposure corresponds to more than one asset type, that exposure shall be assigned to only one asset type in that securitisation.

Any changes to underlying exposures in a pool that is deemed to be homogenous pursuant to this Regulation shall not affect such homogeneity where such changes are due to reasons outside the control of the originator or sponsor.