Updated 20/11/2024
In force

Version from: 09/07/2024
Amendments
There is currently no Level 2 legal act based on or specifying Article 205.
Search within this legal act

Article 205 - Requirements for on-balance sheet netting agreements other than master netting agreements referred to in Article 206

Article 205

Requirements for on-balance sheet netting agreements other than master netting agreements referred to in Article 206

On-balance sheet netting agreements other than master netting agreements referred to in Article 206 shall qualify as an eligible form of credit risk mitigation where all the following conditions are met:

(a) 

those agreements are legally effective and enforceable in all relevant jurisdictions, including in the event of the insolvency or bankruptcy of a counterparty;

(b) 

institutions are able to determine at any time the assets and liabilities that are subject to those agreements;

(c) 

institutions monitor and control the risks associated with the termination of the credit protection on an ongoing basis;

(d) 

institutions monitor and control the relevant exposures on a net basis and do so on an ongoing basis.