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Frameworks from Austria

Questions	FBS - Fundierte Bankschuldverschreibungen	Pfandbriefe
I. STRUCTURE OF THE ISSUER
1. Who is the issuer?	Universal credit institution	Universal credit institution with a special license
	(1) 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?	Yes, direct	Yes, direct
3. Who owns the cover assets?	The issuer directly	The issuer directly
4. Is the issuer the originator of the assets?	Yes	Yes
	(2) Comments: But not necessarily. The issuer may include assets from other originators in its cover pool
II. FRAMEWORK
1. Are the bonds governed by a special covered bond Legislation?	Yes	Yes
2. What is the legal framework for bankruptcy of the issuer of covered bonds?	General insolvency law Specific legal framework superseding the general insolvency law	Specific legal framework superseding the general insolvency law
	(3) Comments: Special provisions in the covered bond law besides general provisions.	(4) Comments: Not superseding, but additional to the general insolvency law
III. COVER ASSETS
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.)	Exposures to public sector entities Mortgage loans (Mortgage loans for the purpose of this question are taken to include guaranteed real-estate loans.) Exposures to credit institutions
	(5) 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.	(6) Comments: Point 1 and 3 for Public Pfandbriefe; Point 2 and 3 for Mortgage Pfandbriefe;
2. What is the geographical scope for public sector assets?	Domestic EEA CH	Domestic EEA CH
3. What is the geographical scope for mortgage assets?	Domestic EEA CH	Domestic EEA CH
	(7) 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?	No	No
	(8) Comments: Not yet but will become mandatory.
IV. VALUATION OF THE MORTGAGE COVER POOL & LTV CRITERIA
1. LTV is calculated using which valuation?[4]		Mortgage lending value
	(9) 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)?		Residential Commercial Agricultural
		(10) Comments: 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)?		No
4b. Is there an LTV cap which would require a loan to be removed from the cover pool?		No
5. Is there any additional LTV limit on a portfolio basis?		No
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?	No	Yes
	(11) 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?	“Natural” matching (matching without the use of off-balance sheet instruments) and stress testing	“Natural” matching (matching without the use of off-balance sheet instruments) and stress testing
	(12) 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:
	(13) Comments: Derivatives may be entered into the cover pool at any time.
4. What type of coverage test is applied?	Nominal cover Present value cover	Nominal cover
	(14) 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?	Monthly Quarterly	Daily
	(15) Comments: To be agreed with commissioner.
6. What types of stress scenarios are applied?	Not relevant	Not relevant
7. What is the frequency of stress test calculations?	Not relevant	Not relevant
	(16) Comments: Not obligatory by law.
. Exposure to liquidity risk
8. Is exposure to liquidity risk required to be mitigated by law or contract?	No	Yes
	(17) Comments: Not obligatory by law.
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.)	“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.)
	(18) Comments: No mandatory stress test.
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	Natural matching (matching without the use of off-balance sheet instruments) and stress testing
	(19) 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?		No
12. What is the consequence of not fixing a breach of liquidity risk mitigants?	Alternative administration Other regulatory or rule-based action	Other regulatory or rule-based action
. Monitoring of exposures to market and liquidity risk
13. Who monitors the maintenance of coverage tests?	Supervisory authority	Supervisory authority Trustee/cover pool monitor
14. Are there any regular public reporting requirements for market and liquidity risk?	No	No
. Overcollateralisation
15. Is mandatory minimum overcollateralisation required?	By legislation/regulation By published voluntary commitments	By legislation/regulation
	(20) Comments: On top of legal requirement, voluntary commitments may be fixed in the bylaws.
16. What is the level of minimum mandatory overcollateralisation?	2%	2%
	(21) 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.	(22) Comments: of the total volume of the bonds in circulation (Public and Mortgage Pfandbriefe)
17. If mandatory overcollateralisation is required, are the amounts above the minimum OC level protected?	Yes	Yes
18. Is there any grace period in case of a breach of the coverage test?	No	No
19. What is the consequence of not fixing a breach of the coverage test?	Alternative administration Other regulatory or rule-based actions	Other regulatory or rule-based actions
VI. COVER POOL MONITOR & BANKING SUPERVISION
1. Is a special license required for the issuing of covered bonds?	Yes, but no additional requirements	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	Periodic reporting required
3. What is the role of the banking supervision regarding covered bonds?	Checking quality of cover assets (real estate valuations, etc) Monitoring of exposure to market risk and liquidity risk Evaluation of operational risk To check minimum mandatory overcollateralisation requirements	To check whether eligibility criteria are fulfilled and documented
	(23) 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?	Safeguarding ongoing management of the cover pool directly or via a special administrator Involvement in transfer of cover assets and covered bonds to another credit institution	Safeguarding ongoing management of the cover pool directly or via a special administrator Involvement in transfer of cover assets and covered bonds to another credit institution
5. Is there a cover pool monitor independent from the issuer?	Yes	Yes
6. If there is an independent cover pool monitor, what are its duties?	Reporting duties to the supervision authority Verification of coverage tests	Performing audits of the cover pool Reporting duties to the supervision authority
VII. SEGREGATION OF ASSETS & BANKRUPTCY REMOTENESS OF COVERED BONDS
1. Do covered bonds automatically accelerate when the credit institution goes insolvent?	No	No
2. What is the cover pool?	All assets on the cover register	All assets on the cover register
	(24) 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?	Preferential claim by law Specific cover pool administration	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	Yes, pari passu with unsecured creditors
5. Are there provisions that require derivatives to continue in case of insolvency of the credit institution?	Yes	Yes
6. If derivatives are permitted in the cover pool, what is their ranking?	Pari passu to covered bond holders	Pari passu to covered bond holders
VIII. RISK WEIGHTING & COMPLIANCE WITH EUROPEAN LEGISLATION
1. Does the covered bond fulfil the criteria of UCITS 22(4)?	Yes	Yes
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)?	Yes	Yes
3. Are listed covered bonds eligible in repo transactions with the national central bank?	Yes	Yes
4. Are there any special investment regulations regarding covered bonds?	No	Yes
IX. ADDITIONAL INFORMATION
1. Link to National Association representing covered bond interests	Association Covered Bond and Pfandbrief Forum	Association Covered Bond and Pfandbrief Forum
2. Link to national regulators and supervisors	List FMA - Financial Market Authority	List FMA - Financial Market Authority
3. Fact Book Country Chapter	Chapter	Chapter
	Austria	Austria
4. Hypostat Country Chapter	Chapter	Chapter
	Austria.pdf	Austria.pdf

Comments for your selection

1: Issuance of covered bonds is special operation in the banking licence that is approved by the regulator.
2: But not necessarily. The issuer may include assets from other originators in its cover pool
3: Special provisions in the covered bond law besides general provisions.
4: Not superseding, but additional to the general insolvency law
5: 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.
6: Point 1 and 3 for Public Pfandbriefe; Point 2 and 3 for Mortgage Pfandbriefe;
7: No explicit definition, but the same geographical scope as for public sector assets may be assumed.
8: Not yet but will become mandatory.
9: No LTV limits for covered bonds at the moment.
10: 60%
11: General rules for banks apply as the issuer is a regulated financial institution.
12: No obligatory stress tests, derivatives may be used to reduce future interest rate, foreign currency and credit risks.
13: Derivatives may be entered into the cover pool at any time.
14: Nominal cover is minimum requirement; it can be replaced by present value coverage (to be fixed in the bylaws).
15: To be agreed with commissioner.
16: Not obligatory by law.
17: Not obligatory by law.
18: No mandatory stress test.
19: Mandatory overcollateralisation covering nominal value, interest payments and liquidation costs OR 102% of present value plus liquidation costs.
20: On top of legal requirement, voluntary commitments may be fixed in the bylaws.
21: 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.
22: of the total volume of the bonds in circulation (Public and Mortgage Pfandbriefe)
23: 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.
24: Including derivatives entered into the cover register.