Updated 25/12/2024
In force

Initial Legal Act
Amendments
Search within this legal act

Article 26 - General

Article 26

General

1.   In order to assess whether the institution identifies all situations which are to be considered defaults in accordance with Article 178(1) to (5) of Regulation (EU) No 575/2013 and Commission Delegated Regulation (EU) 2018/171 (5) competent authorities shall verify all of the following:

(a)

the detailed specification and practical application of the triggers for identifying the default of an obligor, in accordance with Article 27;

(b)

the robustness and effectiveness of the process used by an institution for identifying the default of an obligor, in accordance with Article 28;

(c)

the triggers and process used by an institution for the reclassification of a defaulted obligor to non-default status, in accordance with Article 29.

2.   For the purposes of the verification under paragraph 1 competent authorities shall apply all of the following methods:

(a)

review the institution’s internal criteria, policies and procedures for establishing whether a default has occurred (‘definition of default’) and for the treatment of defaulted exposures;

(b)

review the roles and responsibilities of the units and management bodies involved in the identification of the default of an obligor and the management of defaulted exposures;

(c)

review the relevant minutes of the institution’s internal bodies, including the management body, or committees;

(d)

review the relevant findings of the internal audit or of other control functions of the institution;

(e)

review the progress reports on the efforts made by the institution to correct shortcomings and mitigate risks detected during relevant audits;

(f)

obtain written statements from or interview the relevant staff and senior management of the institution;

(g)

review the criteria used by the personnel responsible for manual assignment of the default status to an obligor or an exposure and of the return to the non-default status.

3.   For the purposes of the verification under paragraph 1, competent authorities may also apply any of the following additional methods:

(a)

review the functional documentation of the IT systems used in the process of identification of the default of an obligor;

(b)

conduct sample testing and review documents relating to the characteristics of an obligor and to the origination and maintenance of the exposures;

(c)

perform their own tests on the data of the institution or require the institution to perform specific tests;

(d)

review other relevant documents of the institution.


(5)  Commission Delegated Regulation (EU) 2018/171 of 19 October 2017 on supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for the materiality threshold for credit obligations past due (OJ L 32, 6.2.2018, p. 1).