Updated 20/11/2024
In force

Version from: 09/07/2024
Amendments
Search within this legal act

Article 214 - Sovereign and other public sector counter-guarantees

Article 214

Sovereign and other public sector counter-guarantees

1.  

Institutions may treat the exposures referred to in paragraph 2 as protected by a guarantee provided by the entities listed in that paragraph, provided that all the following conditions are satisfied:

(a) 

the counter-guarantee covers all credit risk elements of the claim;

(b) 

both the original guarantee and the counter-guarantee meet the requirements for guarantees set out in Articles 213 and 215(1), except that the counter-guarantee need not be direct;

(c) 

the cover is robust and nothing in the historical evidence suggests that the coverage of the counter-guarantee is less than effectively equivalent to that of a direct guarantee by the entity in question.

2.  

The treatment set out in paragraph 1 shall apply to exposures protected by a guarantee which is counter-guaranteed by any of the following entities:

(a) 

a central government or a central bank;

(b) 

a regional government or a local authority;

(c) 

a public sector entity, claims on which are treated as claims on the central government in accordance with Article 116(4);

(d) 

a multilateral development bank or an international organisation, to which a 0 % risk weight is assigned under or by virtue of Articles 117(2) and 118 respectively;

(e) 

a public sector entity, claims on which are treated in accordance with Article 116(1) and (2).

3.  
Institutions shall apply the treatment set out in paragraph 1 also to an exposure which is not counter-guaranteed by any entity listed in paragraph 2 where that exposure's counter-guarantee is in turn directly guaranteed by one of those entities and the conditions listed in paragraph 1 are satisfied.