Norwegian Covered Bonds

1 Who is the issuer?
  • Specialized credit institution
2 Does the bondholder have recourse to the credit institution?
  • Yes, direct
3 Who owns the cover assets?
  • The issuer directly
4 Is the issuer the originator of the assets?
  • Yes
  • No
  Comments: Loans are originated partly by the issuer, partly acquired from parent bank or from another bank.
1 Are the bonds governed by a special covered bond Legislation?
  • Yes
2 What is the legal framework for bankruptcy of the issuer of covered bonds?
  • Specific legal framework superseding the general insolvency law
  Comments: Global comments for this chapter:http://www.fno.no/en/Covered-Bonds/legislation1/.

Global comments for this chapter

http://www.fno.no/en/Main/Covered-Bonds/legislation1/
1 What types of assets may be included in cover pools?
  • Exposures to public sector entities
  • Mortgage loans (Mortgage loans for the purpose of this question are taken to include guaranteed real-estate loans.)
  • Senior MBS issued by third parties
  • Exposures to credit institutions
  Comments: Exposures to public sector entities, mortgages, derivative contracts, and substitute assets. Substitute assets may not exceed 20 % of cover pool and may include: covered bonds and MBS issued in an EEA country, and which qualify for credit quality step 1, as well as government bonds and other highly liquid and secure assets. Total exposure to credit institutions which qualify for credit quality step 1 or 2 (derivatives and substitute assets) may not exceed 15 % of nominal value of outstanding bonds. Exposures to credit institutions which qualify for credit quality step 2 shall not exceed 10 % of nominal value of outstanding bonds, cf. CRR article 129(1)(c).
2 What is the geographical scope for public sector assets?
  • Domestic
  • EEA
  • OECD
  Comments: Only countries where the state has a credit rating by a ECAI of credit quality step 2.
3 What is the geographical scope for mortgage assets?
  • Domestic
  • EEA
  • OECD
  Comments: EEA and OECD countries, only countries where the state has a credit rating by a ECAI of credit quality step 2 (today mainly domestic).
4 Are regular covered bond specific disclosure requirements to the public mandatory?
  • No
  Comments: All large and medium size issuers publish cover pool data quarterly; see: http://www.fno.no/en/Main/Covered-Bonds/CBIC-European-Transparency-Standards/
1 LTV is calculated using which valuation?[4]
  • Market value
2 Are there any special LTV limits used solely for calculating collateralisation rates for the cover pool (if yes, specify)?
  • Residential      
    75%
  • Commercial      
    60%
  Comments: Second homes (holiday): 60%
3 Do bondholders get the benefit of that portion of the loan which exceeds the LTV cap?
  • Yes
4a Is there an LTV cap which makes the entire loan ineligible to be put in the cover pool (if yes, specify)?
  • Residential      
  • Commercial      
  Comments: Residential - 75%; Commercial - 60%
If the LTV of a loan subsequent to inclusion exceeds the limit (the value of the property has decreased after inclusion), the loan stays in the pool, but only that part that is within LTV 75/60 % is taken into account when calculating the size of the cover pool.
4b Is there an LTV cap which would require a loan to be removed from the cover pool?
  • No
  Comments: It is not required to remove the loan from the cover pool once included but it does not count when testing the coverage. The same applies to NPL (>90 days).
5 Is there any additional LTV limit on a portfolio basis?
  • No
Exposure to market risk
1 Is exposure to market risk (e.g. interest rate, currency risks) required to be mitigated by law or contract?
  • Yes
  Comments: According to the Norwegian legislation, a mortgage credit institution shall not assume greater interest rate or foreign exchange risk than what is prudent at any and all times. A mortgage credit institution is obliged to establish limits on foreign exchange risk and interest rate risk.
2 What is the primary method for the mitigation of market risk?
  • Use of derivative hedge instruments
3 If the answer to the above question on market risk mitigation is “Use of derivative hedge instruments”, please specify whether those instruments are entered into:
  • By the time of issue of covered bonds or entry of asset in the cover pool
4 What type of coverage test is applied?
  • Present value cover
  Comments: The law requires:
(1) Value cover, i.e. prudent market value (assets and derivative contracts) and net present value (issued bonds) cover
(2) Payment flows cover.
5 What is the frequency of coverage calculations?
  • Daily
6 What types of stress scenarios are applied?
  • Static
  • Dynamic
  Comments: Stress tests are required to test the value cover and the liquidity risk. Normally stress tests on interest rate changes, currency movements and declining house prices are also performed.
7 What is the frequency of stress test calculations?
  • Other
  Comments: Periodically
Exposure to liquidity risk
8 Is exposure to liquidity risk required to be mitigated by law or contract?
  • Yes
9 What is the primary method for the mitigation of liquidity risk on interest payments?
  • “Natural” matching (matching without the use of off-balance sheet instruments) and stress testing (Natural matching is taken to include replacing CBs with new issues, as well as substitute assets.)
  • Liquidity facilities
10 What is the primary method for the mitigation of liquidity risk on principal payments?
  • Natural matching (matching without the use of off-balance sheet instruments) and stress testing
  • Liquidity facilities
  • Contractual arrangements, e.g. maturity extension or prematurity test
11 Is there any grace period in case of a breach of liquidity risk mitigants?
  • No
  Comments: It is the supervisor who decides how to respond in case of any breach.
12 What is the consequence of not fixing a breach of liquidity risk mitigants?
  • Other regulatory or rule-based action
Monitoring of exposures to market and liquidity risk
13 Who monitors the maintenance of coverage tests?
  • Rating agency
  • Trustee/cover pool monitor
14 Are there any regular public reporting requirements for market and liquidity risk?
  • Yes
  Comments: The issuing institution is required to publish quarterly financial reports.
Overcollateralisation
15 Is mandatory minimum overcollateralisation required?
  • By legislation/regulation
  • By contractual obligation
  • By published voluntary commitments
  Comments: The law requires that the value of the cover pool shall exceed the value of the covered bonds at all times. Individual issuers may commit themselves to a given minimum OC.
16 What is the level of minimum mandatory overcollateralisation?
  Comments: The law requires that the value of the cover pool shall exceed the value of the covered bonds. No specific OC level is required by law.
17 If mandatory overcollateralisation is required, are the amounts above the minimum OC level protected?
  • Yes
18 Is there any grace period in case of a breach of the coverage test?
  • No
19 What is the consequence of not fixing a breach of the coverage test?
  • Programme freeze (neither sale of assets nor new issuance allowed)
  • Alternative administration
  • Other regulatory or rule-based actions
  Comments: Supervisor’s intervention: Supervisor may i.a. disallow or suspend new issuance of CBs.
1 Is a special license required for the issuing of covered bonds?
  • Yes with additional requirements compared to general banking supervision regulations
2 Are there special reporting duties of the covered bond issuer to the supervision authority concerning covered bonds and the cover pool, which go beyond the regular banking supervision?
  • Periodic reporting required
  • Reporting on demand for special occasions
  Comments: The report goes from the monitor of the cover pool (appointed by the FSA) to the FSA at least once a year or if special occasion occurs.
3 What is the role of the banking supervision regarding covered bonds?
  • To check whether eligibility criteria are fulfilled and documented
  • Checking quality of cover assets (real estate valuations, etc)
  • To check minimum mandatory overcollateralisation requirements
  Comments: Supervision is performed by the cover pool monitor on behalf of the supervisor.
4 Is there a special role of banking supervision in crisis regarding covered bonds?
  • No specific role
5 Is there a cover pool monitor independent from the issuer?
  • Yes
  Comments: The monitor is appointed by the supervisor.
6 If there is an independent cover pool monitor, what are its duties?
  • Reporting duties to the supervision authority
  • Verification of coverage tests
  • Other, please specify:      
    Verification of cover pool register
1 Do covered bonds automatically accelerate when the credit institution goes insolvent?
  • No
2 What is the cover pool?
  • All assets on the cover register
3 How are the covered bondholders protected against claims from other creditors in case of insolvency of the issuer?
  • Preferential claim by law
  • Specific cover pool administration
4 Is there recourse to the credit institution’s insolvency estate upon a cover pool default?
  • Yes, pari passu with unsecured creditors
5 Are there provisions that require derivatives to continue in case of insolvency of the credit institution?
  • Yes
6 If derivatives are permitted in the cover pool, what is their ranking?
  • Pari passu to covered bond holders
1 Does the covered bond fulfil the criteria of UCITS 52(4)?
  • Yes
2 For further information regarding the compliance to the criteria of Article 129 of the Capital Requirements Regulation (CRR), please see the following links: http://ecbc.hypo.org/Content/default.asp?PageID=504#position https://www.coveredbondlabel.com
3 Are listed covered bonds eligible in repo transactions with the national central bank?
  • Yes
4 Are there any special investment regulations regarding covered bonds?
  • Yes
  Comments: Special and wide limits for banks and insurance companies' investments in covered bonds in the large exposure regulations, as well as large investment limits for mutual funds.
1 Link to National Association representing covered bond interests
  • Association

    The Norwegian Covered Bond Council

 
2 Link to national regulators and supervisors
3 Fact Book Country Chapter
  • Chapter
 
4 Hypostat Country Chapter
  • Chapter