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New version applies from 04/01/2011 — introduced by Commission Directive 2009/83/EC, Directive 2010/76/EU (CRD), Directive 2010/78/EU. 141 provisions change. Later versions: 09/12/2011, 01/07/2013, 01/01/2014. Article 101 changes in this version: compare with the current text.

Article 101

Article 101

1.An originator credit institution which, in respect of a securitisation, has made use of Article 95 in the calculation of risk-weighted exposure amounts or a sponsor credit institution shall not, with a view to reducing potential or actual losses to investors, provide support to the securitisation beyond its contractual obligations.

2.If an originator credit institution or a sponsor credit institution fails to comply with paragraph 1 in respect of a securitisation, the competent authority shall require it at a minimum, to hold capital against all of the securitised exposures as if they had not been securitised. The credit institution shall disclose publicly that it has provided non-contractual support and the regulatory capital impact of having done so.

Official text · consolidated version 30/03/2010 (no longer in force) Open full page ↗
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