ANNEX I
Table 1: European System of Accounts Secure Codes
Sectors | Sub-sectors | ESA Code |
Non-financial corporations | Public non-financial corporations | S.11001 |
National private non-financial corporations | S.11002 | |
Foreign controlled non-financial corporations | S.11003 | |
Monetary financial institutions (MFIs) | Central bank | S.121 |
Public deposit-taking corporations except the central bank | S.12201 | |
National private deposit-taking corporations except the central bank | S.12202 | |
Foreign controlled deposit-taking corporations except the central bank | S.12203 | |
Public money market funds (MMFs) | S.12301 | |
National private money market funds (MMFs) | S.12302 | |
Foreign controlled money market funds (MMFs) | S.12303 | |
Financial corporations except MFIs and Insurance corporations and pension funds (ICPFs) | Public non-MMF investment funds | S.12401 |
National private non-MMF investment funds | S.12402 | |
Foreign controlled non-MMF investment funds | S.12403 | |
Public other financial intermediaries, except insurance corporations and pension funds | S.12501 | |
National private other financial intermediaries, except insurance corporations and pension funds | S.12502 | |
Foreign controlled other financial intermediaries, except insurance corporations and pension funds | S.12503 | |
Public financial auxiliaries | S.12601 | |
National private financial auxiliaries | S.12602 | |
Foreign controlled financial auxiliaries | S.12603 | |
Public captive financial institutions and money lenders | S.12701 | |
National private captive financial institutions and money lenders | S.12702 | |
Foreign controlled captive financial institutions and money lenders | S.12703 | |
ICPFs | Public insurance corporations | S.12801 |
National private insurance corporations | S.12802 | |
Foreign controlled insurance corporations | S.12803 | |
Public pension funds | S.12901 | |
National private pension funds | S.12902 | |
Foreign controlled pension funds | S.12903 | |
Other | General government | S.13 |
Central government (excluding social security funds) | S.1311 | |
State government (excluding social security funds) | S.1312 | |
Local government (excluding social security funds) | S.1313 | |
Social security funds | S.1314 | |
Households | S.14 | |
Employers and own-account workers | S.141+S.142 | |
Employees | S.143 | |
Recipients of property and transfer income | S.144 | |
Recipients of property income | S.1441 | |
Recipients of pensions | S.1442 | |
Recipients of other transfers | S.1443 | |
Non-profit institutions serving households | S.15 | |
Member States of the European Union | S.211 | |
Institutions and bodies of the European Union | S.212 | |
Non-member countries and international organisations non-resident in the European Union | S.22 |
Table 2: Servicer Watchlist Codes
Servicer Watchlist Code | Meaning | Inclusion Threshold | Release Threshold |
1A | Delinquent P&I payment | 2 payments behind | Arrears cleared and loan is current. Remain on Watchlist for 2 quarters/periods |
1B | Delinquent insurance renewal or forced placed coverage | 30 days overdue | Receipt of proof of satisfactory insurance |
1C | Interest Coverage Ratio below dividend trap. | Interest Coverage Ratio < required loan covenant (cash trap or default level); Interest Coverage Ratio < 1.00 on a loan by loan basis | Interest Coverage Ratio above threshold |
1D | Debt Service Coverage Ratio absolute level | Debt Service Coverage Ratio < 1.00; Debt Service Coverage Ratio < 1.20 for healthcare and lodging; or on a loan by loan basis | Debt Service Coverage Ratio above threshold |
1E | Debt Service Coverage Ratio decreases from ‘Securitisation Date’ | Debt Service Coverage Ratio < 80 % of the ‘Securitisation Date’ Debt Service Coverage Ratio | Debt Service Coverage Ratio above threshold. Remain on Watchlist for 2 quarters/periods |
1F | Defaulted, matured, or discovery of previous undisclosed subordinate lien including mezzanine loan. | When notice received by servicer | Default has been cured or subordinate debt approved by servicer |
1G | Any unplanned draw on a letter of credit, debt service reserve, or working capital to pay debt service | Any occurrence on a loan by loan basis. | After funds or Letter of Credit replaced if required by the documents otherwise after two Interest Payment Dates with no further draws |
2A | Absolute required repairs reserved for at closing, or otherwise disclosed to servicer, but not completed by due date | If required repair is not completed with 60 days following the due date (including extensions approved by the Servicer) and it is the lesser of 10 % of the unpaid principal balance or €250,000 | Satisfactory verification that repairs have been completed |
2B | Any required spending plan deficiencies (i.e.: capex, FF&E) | Any knowledge of deficiency that adversely affects the performance or value of property; on a loan by loan basis/material (> 5 % of loan outstanding balance) | When plan deficiencies are cured |
2C | Occurrence of any trigger event in the mortgage loan documents. (e.g. required loan pay down, posting of additional reserves, minimum thresholds breached, etc.) | Any occurrence | Cure of the event that required action under the mortgage documents |
2D | Verification of financial performance. Unsatisfactory or non-delivery of tenancy schedules or operating statements, etc. | Any occurrence for 6 months or greater | Cure of the event that required action under the mortgage documents |
2E | Operating licence or franchise agreement default | When notice received by servicer | New franchise or licence in place, or default under franchise or licence has been cured — Relationship agreement |
2F | Borrower/owner/sponsor bankruptcy or similar event (e.g. insolvency arrangement/proceedings, bankruptcy, receivership, liquidation, company voluntary arrangement (CVA)/individual voluntary arrangement (IVA)), becomes the subject of winding up order bankruptcy petition or other. | When notice received by servicer | Retain on Watchlist until Interest Payment Date following cure. |
3A(i) | Inspection reveals poor condition | Any occurrence on a loan by loan basis/material 5 % > of net rental income (NRI) | In Servicer’s discretion that property deficiencies cured or access allowed and inspection completed |
3A(ii) | Inspection reveals poor accessibility | Any occurrence on a loan by loan basis/material 5 % > of net rental income (NRI) | In Servicer’s discretion that property deficiencies cured or access allowed and inspection completed |
3B | Inspection reveals harmful environmental issue | Any occurrence | In Servicer’s discretion that property deficiencies cured |
3C | Properties affected by major casualty or compulsory purchase proceeding affecting future cash flows, value/blight/caution. | When servicer becomes aware of issue and it affects > 10 % of value or €500,000 | In Servicer’s discretion that all necessary repairs have been completed satisfactorily or that condemnation proceedings have been completed and the asset can perform satisfactorily |
4A | Overall property portfolio occupancy decrease | 20 % less than ‘Securitisation Date’ level; on a loan by loan basis | When condition no longer exists |
4B | Any 1 tenant or combination of TOP 3 TENANTS (based on gross rental) with leases > 30 % expiring within the next 12 months. | Only applies to office, industrial and retail. | When condition no longer exists or Servicer’s discretion. |
4C | Major tenant lease or leases that are in default, terminated or are dark (Not occupied, but rent being paid) | > 30 % Net Rental Income | When condition no longer exists, or Servicer’s discretion. |
5A | Pending loan maturity | < 180 days until maturity | Loan is paid off. |
Table 3: Item types and codes
Item type | Article(s) of Regulation (EU) 2017/2402 | Item code |
Underlying exposures or underlying receivables or credit claims | 7(1)(a) | 1 |
Investor report | 7(1)(e) | 2 |
Final offering document; prospectus; closing transaction documents, excluding legal opinions | 7(1)(b)(i) | 3 |
Asset sale agreement; assignment; novation or transfer agreement; any relevant declaration of trust | 7(1)(b)(ii) | 4 |
Derivatives and guarantees agreements; any relevant documents on collateralisation arrangements where the exposures being securitised remain exposures of the originator | 7(1)(b)(iii) | 5 |
Servicing; back-up servicing; administration and cash management agreements | 7(1)(b)(iv) | 6 |
Trust deed; security deed; agency agreement; account bank agreement; guaranteed investment contract; incorporated terms or master trust framework or master definitions agreement or such legal documentation with equivalent legal value | 7(1)(b)(v) | 7 |
Inter-creditor agreements; derivatives documentation; subordinated loan agreements; start-up loan agreements and liquidity facility agreements | 7(1)(b)(vi) | 8 |
Any other underlying documentation that is essential for the understanding of the transaction | 7(1)(b) | 9 |
Simple, transparent and standardised notification pursuant to Article 27 of Regulation (EU) 2017/2402 | 7(1)(d) | 10 |
Inside information relating to the securitisation that the originator, sponsor or SSPE is obliged to make public in accordance with Article 17 of Regulation (EU) No 596/2014 of the European Parliament and of the Council (1) | 7(1)(f) | 11 |
A significant event, such as: a material breach of the obligations provided for in the documents made available in accordance with Article 7(1)(b) of Regulation (EU) 2017/2402, including any remedy, waiver or consent subsequently provided in relation to such a breach; a change in the structural features that can materially impact the performance of the securitisation; a change in the risk characteristics of the securitisation or of the underlying exposures that can materially impact the performance of the securitisation; in the case of STS securitisations, where the securitisation ceases to meet the STS requirements or where competent authorities have taken remedial or administrative actions; any material amendment to transaction documents. | 7(1)(g) | 12 |
(1) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1).