FBS - Fundierte Bankschuldverschreibungen
Austria Issuers - Legislation
| 1 | Who is the issuer? |
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| Comments: Issuance of covered bonds is special operation in the banking licence that is approved by the regulator. |
| 2 | Does the bondholder have recourse to the credit institution? |
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| 3 | Who owns the cover assets? |
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| 4 | Is the issuer the originator of the assets? |
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| Comments: But not necessarily. The issuer may include assets from other originators in its cover pool |
| 1 | Are the bonds governed by a special covered bond Legislation? |
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| 2 | What is the legal framework for bankruptcy of the issuer of covered bonds? |
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| Comments: Special provisions in the covered bond law besides general provisions. |
| 1 | What types of assets may be included in cover pools? |
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| Comments: Exposure to credit institutions only as deposits with financial institutions as defind in §2 Z 18 BWG of surplus cash up to 15% of the outstanding issued covered bonds. |
| 2 | What is the geographical scope for public sector assets? |
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| 3 | What is the geographical scope for mortgage assets? |
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| Comments: No explicit definition, but the same geographical scope as for public sector assets may be assumed. |
| 4 | Are regular covered bond specific disclosure requirements to the public mandatory? |
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| Comments: Not yet but will become mandatory. |
| 1 | LTV is calculated using which valuation?[4] |
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| Comments: No LTV limits for covered bonds at the moment. |
| 2 | Are there any special LTV limits used solely for calculating collateralisation rates for the cover pool (if yes, specify)? |
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| 3 | Do bondholders get the benefit of that portion of the loan which exceeds the LTV cap? |
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| 4a | Is there an LTV cap which makes the entire loan ineligible to be put in the cover pool (if yes, specify)? |
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| 4b | Is there an LTV cap which would require a loan to be removed from the cover pool? |
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| 5 | Is there any additional LTV limit on a portfolio basis? |
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| Exposure to market risk |
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| 1 | Is exposure to market risk (e.g. interest rate, currency risks) required to be mitigated by law or contract? |
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| Comments: General rules for banks apply as the issuer is a regulated financial institution. |
| 2 | What is the primary method for the mitigation of market risk? |
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| Comments: No obligatory stress tests, derivatives may be used to reduce future interest rate, foreign currency and credit risks. |
| 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: |
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| Comments: Derivatives may be entered into the cover pool at any time. |
| 4 | What type of coverage test is applied? |
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| Comments: Nominal cover is minimum requirement; it can be replaced by present value coverage (to be fixed in the bylaws). |
| 5 | What is the frequency of coverage calculations? |
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| Comments: To be agreed with commissioner. |
| 6 | What types of stress scenarios are applied? |
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| 7 | What is the frequency of stress test calculations? |
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| Comments: Not obligatory by law. |
| Exposure to liquidity risk |
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| 8 | Is exposure to liquidity risk required to be mitigated by law or contract? |
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| Comments: Not obligatory by law. |
| 9 | What is the primary method for the mitigation of liquidity risk on interest payments? |
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| Comments: No mandatory stress test. |
| 10 | What is the primary method for the mitigation of liquidity risk on principal payments? |
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| Comments: Mandatory overcollateralisation covering nominal value, interest payments and liquidation costs OR 102% of present value plus liquidation costs. |
| 11 | Is there any grace period in case of a breach of liquidity risk mitigants? |
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| 12 | What is the consequence of not fixing a breach of liquidity risk mitigants? |
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| Monitoring of exposures to market and liquidity risk |
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| 13 | Who monitors the maintenance of coverage tests? |
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| 14 | Are there any regular public reporting requirements for market and liquidity risk? |
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| Overcollateralisation |
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| 15 | Is mandatory minimum overcollateralisation required? |
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| Comments: On top of legal requirement, voluntary commitments may be fixed in the bylaws. |
| 16 | What is the level of minimum mandatory overcollateralisation? |
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| Comments: 2% plus costs (approx. 2%) if oc is calculated on the present value of the bonds and assets; the amount of interest payments plus costs if oc is calculated on nominal amounts. |
| 17 | If mandatory overcollateralisation is required, are the amounts above the minimum OC level protected? |
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| 18 | Is there any grace period in case of a breach of the coverage test? |
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| 19 | What is the consequence of not fixing a breach of the coverage test? |
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| 1 | Is a special license required for the issuing of covered bonds? |
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| 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? |
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| 3 | What is the role of the banking supervision regarding covered bonds? |
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| Comments: Austrian covered bond issuers are universal banks and therefore are subject to general banking supervision with respect to exposure to market risk and liqudity risk, valuation procedures and operational risk. |
| 4 | Is there a special role of banking supervision in crisis regarding covered bonds? |
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| 5 | Is there a cover pool monitor independent from the issuer? |
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| 6 | If there is an independent cover pool monitor, what are its duties? |
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| 1 | Do covered bonds automatically accelerate when the credit institution goes insolvent? |
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| 2 | What is the cover pool? |
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| Comments: Including derivatives entered into the cover register. |
| 3 | How are the covered bondholders protected against claims from other creditors in case of insolvency of the issuer? |
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| 4 | Is there recourse to the credit institution’s insolvency estate upon a cover pool default? |
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| 5 | Are there provisions that require derivatives to continue in case of insolvency of the credit institution? |
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| 6 | If derivatives are permitted in the cover pool, what is their ranking? |
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| 1 | Does the covered bond fulfil the criteria of UCITS 52(4)? |
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| 2 | Does the covered bond legislation completely fall within the criteria of the Annex VI, Part 1, Paragraph 68 (a) to (f) of the Capital Requirements Directive (CRD)? |
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| 3 | Are listed covered bonds eligible in repo transactions with the national central bank? |
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| 4 | Are there any special investment regulations regarding covered bonds? |
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| 1 | Link to National Association representing covered bond interests |
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| 2 | Link to national regulators and supervisors |
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| 3 | Fact Book Country Chapter |
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| 4 | Hypostat Country Chapter |
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