Select Framework(s)
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- Australia
- Australian Covered Bonds
- Austria
- FBS - Fundierte Bankschuldverschreibungen
- Pfandbriefe
- Belgium
- Belgium Covered Bonds
- Bulgaria
- Bulgarian Covered Bonds
- Canada
- Canadian Covered Bonds
- Cyprus
- Cypriot Covered Bonds
- Denmark
- Realkreditobligationer - RO
- Særligt Dækkede Obligationer - SDO
- Særligt Dækkede Realkreditobligationer - SDRO
- Finland
- Finnish Covered Bonds
- France
- Caisse de Refinancement de l'Habitat - CRH
- General Law Based CBs
- Obligations Foncières - OF
- Obligations à l'Habitat - OH
- Germany
- Pfandbriefe
- Greece
- Greek Covered Bonds
- Hungary
- Hungarian Covered Bonds
- Ireland
- Asset Covered Securities - ACS
- Italy
- Obbligazioni Bancarie Garantite - OBG
- Luxembourg
- Lettres de Gage hypothécaires
- Lettres de Gage mobilières
- Lettres de Gage publiques
- Netherlands
- Dutch registered CBs programmes
- Norway
- Norwegian Covered Bonds
- Poland
- Polish Covered Bonds
- Portugal
- Mortgage CB (Obrigações Hipotecárias)
- Public Sector CB (Obrigações sobre o Sector Público)
- Romania
- Obligatiuni Ipotecare - Mortgage Covered Bonds
- Russia
- Mortgage Obligations
- Slovakia
- Slovakian Covered Bonds
- Spain
- Cédulas Hipotecarias - CH
- Sweden
- Swedish Covered Bonds
- Switzerland
- Credit Suisse CB
- Swiss Pfandbriefe
- UBS CB
- Turkey
- Turkish Covered Bonds
- United Kingdom
- Regulated Covered Bonds - RCB
- Unregulated Covered Bonds
- United States
- US Covered Bonds
Select Chapter(s)
- I. STRUCTURE OF THE ISSUER
- II. FRAMEWORK
- III. COVER ASSETS
- IV. VALUATION OF THE MORTGAGE COVER POOL & LTV CRITERIA
- V. ASSET-LIABILITY GUIDELINES
- VI. COVER POOL MONITOR & BANKING SUPERVISION
- VII. SEGREGATION OF ASSETS & BANKRUPTCY REMOTENESS OF COVERED BONDS
- VIII. RISK WEIGHTING & COMPLIANCE WITH EUROPEAN LEGISLATION
- IX. ADDITIONAL INFORMATION
| Questions | Mortgage CB (Obrigações Hipotecárias) |
|---|---|
| I. STRUCTURE OF THE ISSUER | |
| 1. Who is the issuer? |
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| (1) Comments: Mortgage Credit Institutions (MCI) | |
| 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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| II. FRAMEWORK | |
| 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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| III. COVER ASSETS | |
| 1. What types of assets may be included in cover pools? |
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(2)
Comments: Mortgage loans (Credit loans guaranteed by first mortgages created upon real-estate; Credits guaranteed by lower ranking mortgages are also elegible provided that all credits benefiting from a higher ranking mortgage on the asset are held by the issuer and assigned to the asset pool and credits guaranteed by surety from a credit institution or by an adequated insurance contrat, counter guaranteed by a mortgage). The Pool may also contain substitution assets up to 20% : Deposits with the Bank of Portugal in the form of cash, government bonds or bonds eligible for credit operations within Central Banks European System ( could include Senior MBS eligible within the scope of credit operation of Eurosystem); Time deposits in credit institutions with a minimum “A-” rating and or Other low risk and high quality assets to be defined by the Bank of Portugal. |
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| 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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| 4. Are regular covered bond specific disclosure requirements to the public mandatory? |
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| IV. VALUATION OF THE MORTGAGE COVER POOL & LTV CRITERIA | |
| 1. LTV is calculated using which valuation?[4] |
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| 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) Comments: There is no separate methodology used solely for calculating collateralisation rates for the cover pool. | |
| 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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| (4) Comments: 80% for residential mortgages and 60% for commercial mortgages. | |
| 4b. Is there an LTV cap which would require a loan to be removed from the cover pool? |
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| (5) Comments: An LTV of 80% for residential mortgages and 60% for commercial mortgages is the eligibility limit to enter and /or to stay in the pool, if limits are breached, loans will be removed and substituted for an eligible ones. | |
| 5. Is there any additional LTV limit on a portfolio basis? |
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| V. ASSET-LIABILITY GUIDELINES | |
| . Exposure to market risk | |
| 1. Is exposure to market risk (e.g. interest rate, currency risks) required to be mitigated by law or contract? |
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| (6) Comments: Mitigation of exposure to market risk is not directly required in the Decree-Law or contrat. However secondary legislation states that currency risk hedging is mandatory and aims at mitigating market risk. Each issuer must put in writting the specific policies for risk management, namely exchange risk, liquidity risk and interest rate risk and any other procedures aimed at ensuring compliance with the applicable regulatory regime. When the assets in the cover pool and the Mortgage Bonds are denominated in different currencies it´s mandatory for the issuer to ensure hedging for the currency exchange risk, being the reference exchange rates published by the European Central Bank used for this purpose. | |
| 2. What is the primary method for the mitigation of market risk? |
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| 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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| 4. What type of coverage test is applied? |
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| 5. What is the frequency of coverage calculations? |
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| 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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| . Exposure to liquidity risk | |
| 8. Is exposure to liquidity risk required to be mitigated by law or contract? |
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| 9. What is the primary method for the mitigation of liquidity risk on interest payments? |
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| (7) Comments: The law establishes the possibility of credit facilities to be activated as needed, with funds applied solely for redemption and interest payments associated with covered bonds. | |
| 10. What is the primary method for the mitigation of liquidity risk on principal payments? |
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| (8) Comments: The law establishes the possibility of credit facilities to be activated as needed, as mentioned above, and Covered Bond Programmes may include contractual arrangements, as for example maturity extensions, normally up to one year, in order for that the issuer may manage liquidity risk on principal and interest payments. | |
| 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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(9)
Comments: If the limits are breached, the issuer shall settle immediately this situation by assigning new mortgage credits, purchasing outstanding bonds in the secondary market and /or assign other eligible assets. These will, in turn, be exclusively assigned to the debt service of the covered bond. The Bank of Portugal may also make use of its regulatory role to require additional steps by the issuers to meet with all the asset-liability criteria that it sets out. |
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| . Monitoring of exposures to market and liquidity risk | |
| 13. Who monitors the maintenance of coverage tests? |
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| (10) Comments: Annual Report sent to Supervisory Authorities ( Bank of Portugal and CMVM – Capital Market Regulator). | |
| 14. Are there any regular public reporting requirements for market and liquidity risk? |
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| (11) Comments: The issuer has to send a liquidity map quarterly as well as the exposure to interest rate risk of the aggregated assets and liabilities, in terms of net present value. | |
| . Overcollateralisation | |
| 15. Is mandatory minimum overcollateralisation required? |
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| 16. What is the level of minimum mandatory overcollateralisation? |
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| 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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| VI. COVER POOL MONITOR & BANKING SUPERVISION | |
| 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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| (12) Comments: The issuer has to send a liquidity map quarterly as well as the exposure to interest rate risk of the aggregated assets and liabilities, in terms of net present value. | |
| 3. What is the role of the banking supervision regarding covered bonds? |
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| 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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| (13) Comments: The independent auditor has two different roles, one for the auditing of the assets and one of verifying of compliance to applicable legal and regulatory requisites regarding mortgages bonds and public sector bonds, and of reporting to the Bank of Portugal on an annual basis. | |
| VII. SEGREGATION OF ASSETS & BANKRUPTCY REMOTENESS OF COVERED BONDS | |
| 1. Do covered bonds automatically accelerate when the credit institution goes insolvent? |
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| (14) Comments: Investors may decide at a bondholder’s Assembly a majority of 2/3 to call the mortgage bonds, otherwise the original maturity remains unchanged. | |
| 2. What is the cover pool? |
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| 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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| VIII. RISK WEIGHTING & COMPLIANCE WITH EUROPEAN LEGISLATION | |
| 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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| (15) Comments: Investment funds can invest a maximum of 25% of their own funds in a single issuer’s covered bonds. 10% BIS weighting since it meets UCITS 22(4) criteria. | |
| IX. ADDITIONAL INFORMATION | |
| 1. Link to National Association representing covered bond interests |
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| 2. Link to national regulators and supervisors | |
| 3. Fact Book Country Chapter |
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| 4. Hypostat Country Chapter |
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