LegalizeCommission Delegated Regulation (EU) 2020/1226 of 12 November 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council and laying down regulatory technical standards specifying the information to be provided in accordance with the STS notification requirements (Text with EEA relevance)
Article 1
Information to be included in the STS notification
The information to be included in the STS notification pursuant to Article 27 of Regulation (EU) 2017/2402 shall be the following:
(a) where the securitisation is a non-ABCP securitisation, the information specified in Annex I to this Regulation;
(b) where the securitisation is an ABCP securitisation, the information specified in Annex II to this Regulation;
(c) for an ABCP programme, the information specified in Annex III to this Regulation;
(d) where the securitisation is an on-balance-sheet synthetic securitisation, the information specified in Annex IV to this Regulation.
For securitisations where no prospectus must be drawn up pursuant to Regulation (EU) 2017/1129, the information to be included in the STS notification pursuant to paragraph 1 shall be accompanied by the following:
(a) where the securitisation is a non-ABCP securitisation, the information specified in fields STSS9 and STSS10 of Annex I to this Regulation;
(b) where the securitisation is an ABCP securitisation, the information specified in fields STSAT9 and STSAT10 of Annex II to this Regulation;
(c) for an ABCP programme, the information specified in field STSAP9 of Annex III to this Regulation;
(d) where the securitisation is an on-balance-sheet synthetic securitisation, the information specified in fields STSSY2, STSSY10, STSSY12 and STSSY13 of Annex IV to this Regulation.
For the purposes of the third subparagraph of Article 27(1) of Regulation (EU) 2017/2402, the publication of the STS notification for those securitisations shall be limited to the information referred to in this paragraph.
Article 2
Additional Information
Where the following documents include information relevant to the STS notification, a reference to the relevant parts of those documents may be provided in the additional information column in Annexes I, II, III or IV to this Regulation and, where such information is provided, that documentation shall be clearly identified:
(a) a prospectus drawn up pursuant to Regulation (EU) 2017/1129;
(b) any other underlying documentation referred to in Article 7(1)(b) of Regulation (EU) 2017/2402;
(c) any other document with information relevant to the STS notification, including, for on-balance-sheet synthetic securitisations, documents related to any originator, any investor, the credit protection agreement, the third-party verification agent referred to in Article 26e(4) of Regulation (EU) 2017/2402, and, where available, the documentation supporting the credit linked notes referred to in Article 26e(10), fifth subparagraph, of Regulation (EU) 2017/2402.
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Information to be submitted to ESMA pursuant to Articles 19 to 22 of Regulation (EU) 2017/2402 regarding non-ABCP securitisations
General information
| Field number | Article of Regulation (EU) 2017/2402 | FIELD NAME | CONTENT TO BE REPORTED (1) | ADDITIONAL INFORMATION |
|---|---|---|---|---|
| STSS0 | Article 27(1) | First contact point | Legal Entity Identifier (LEI) of the entity designated as the first contact point and name of the relevant competent authority | Item 3.2 of Annex 19 of Commission Delegated Regulation (EU) 2019/980. (2) |
| STSS1 | N/A | Instrument identification code | Where available, the international security identification code (ISIN) or codes. If no ISIN is available, then any other unique securities code assigned to this securitisation. | Where available under Item 3.1 of Annex 19 of Commission Delegated Regulation (EU) 2019/980. |
| STSS2 | N/A | Legal Entity Identifier (LEI) | The LEI of the originator(s) and sponsor(s) and, where available, original lender(s). | Item 4.2 of Annex 9 of Commission Delegated Regulation (EU) 2019/980 |
| STSS3 | N/A | Notification identifier | Where reporting an update, the unique reference number assigned by ESMA to the previously notified STS notification. | N/A |
| STSS4 | N/A | Unique identifier | The unique identifier assigned by the reporting entity in accordance with Article 11(1) of Commission Delegated Regulation (EU) 2020/1224 (3). Where more than one STS notification is notified using this unique securitisation identifier, a statement explaining why this is the case. | N/A |
| STSS5 | N/A | Prospectus identifier | Where available, the prospectus identifier as provided by the relevant competent authority. | N/A |
| STSS6 | N/A | Securitisation Repository | Where available, the name of the registered securitisation repository. | N/A |
| STSS7 | N/A | Securitisation name | The securitisation name. | Section 4 of Annex 9 of Commission Delegated Regulation (EU) 2019/980 |
| STSS8 | Article 18 and 27(3) | Country of establishment | Where available, the country of establishment of the originator(s), sponsor(s), SSPE(s) and original lender(s). | N/A |
| STSS9 | N/A | Securitisation classification | The type of securitisation: — non-ABCP securitisation; — ABCP securitisation; — ABCP programme. | N/A |
| STSS10 | N/A | Underlying exposures classification | The type of underlying exposures including: 1) residential loans that are either secured by one or more mortgages on residential immovable property or that are fully guaranteed by an eligible protection provider among those referred to in Article 201(1) of Regulation (EU) No 575/2013 and qualifying for the credit quality step 2 or above as set out in Part Three, Title II, Chapter 2 of that Regulation;; 2) commercial loans that are secured by one or more mortgages on commercial immovable property, including offices or other commercial premises; 3) credit facilities provided to individuals for personal, family or household consumption purposes; 4) credit facilities, including loans and leases, provided to any type of enterprise or corporation; 5) auto loans/leases; 6) credit card receivables; 7) trade receivables; 8) other underlying exposures that are considered by the originator or sponsor to constitute a distinct asset type on the basis of internal methodologies and parameters; | N/A |
| STSS11 | N/A | Issue date | Where a prospectus is drawn up in compliance with Regulation (EU) 2017/1129 (4), the date on which the prospectus was approved. In all other cases, the closing date of the most recent transaction. | N/A |
| STSS12 | N/A | Notification date | The date of notification to ESMA. | N/A |
| STSS13 | Article 27(2) | Authorised Third party | Where an authorised third-party has provided STS verification services in accordance with Article 27(2) of Regulation (EU) 2017/2402, a statement that compliance with the STS criteria was confirmed by that authorised third party firm. | N/A |
| STSS14 | Article 27(2) | Authorised Third party | Where an authorised third-party has provided STS verification services in accordance with Article 27(2) of Regulation (EU) 2017/2402, the name of the third party’s name and the country of establishment. | N/A |
| STSS15 | Article 27(2) | Authorised Third party | Where an authorised third-party has provided STS verification services in accordance with Article 27(2) of Regulation (EU) 2017/2402, the name of the competent authority that has authorised it. | N/A |
| STSS16 | Article 27(5) | STS status | A reasoned notification by the originator and sponsor that the securitisation is no longer to be considered as STS. | N/A |
| STSS17 | Article 27(3) | Originator (or original lender) is a credit institution | A ‘Yes’ or ‘No’ statement as to whether the originator or original lender is a credit institution, or an investment firm established in the Union. | N/A |
| STSS18 | Article 27(3) | Confirmation of credit-granting criteria | Where the answer to field STSS17 is ‘No’, confirmation that the originator’s or original lender’s credit-granting criteria, processes and systems in place are executed in accordance with Article 9 of Regulation (EU) 2017/2402. | N/A |
| STSS19 | Article 27(3) | Confirmation that the credit granting is subject to supervision | Where the answer to field STSS17 is ‘No’, confirmation that the credit-granting as referred to in Article 27(3)(a) of Regulation (EU) 2017/2402 is subject to supervision. | N/A |
| (1) Where appropriate, include a reference to the relevant sections of the underlying documentation where the information is available. (2) Commission Delegated Regulation (EU) 2019/980 of 14 March 2019 supplementing Regulation (EU) 2017/1129 of the European Parliament and of the Council as regards the format, content, scrutiny and approval of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Commission Regulation (EC) No 809/2004 (OJ L 166, 21.6.2019, p. 26). (3) Commission Delegated Regulation (EU) 2020/1224 of 16 October 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards specifying the information and the details of a securitisation to be made available by the originator, sponsor and SSPE (OJ L 289, 3.9.2020, p. 1). (4) Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12). |
Specific information
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