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CP10 (Full Document) - European Banking Authority

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any of its subsidiaries in full, without recourse by the<br />

institution to actions such as realising security (if held).<br />

(b)<br />

The obligor is past due more than 90 days on any material<br />

credit obligation to the institution, the parent undertaking or<br />

any of its subsidiaries.<br />

190. Annex VII, Part 4, Paragraph 45 lists the main elements to be taken<br />

as indications of ‘unlikeliness to pay’:<br />

(a) The credit institution puts the credit obligation on non­accrued<br />

status.<br />

(b) The credit institution makes a value adjustment resulting from<br />

a significant perceived decline in credit quality subsequent to<br />

the credit institution taking on the exposure.<br />

(c) The credit institution sells the credit obligation at a material<br />

credit­related economic loss.<br />

(d) The credit institution consents to a distressed restructuring of<br />

the credit obligation where this is likely to result in a<br />

diminished financial obligation caused by the material<br />

forgiveness, or postponement, of principal, interest or (where<br />

relevant) fees. This includes in the case of equity exposures<br />

assessed under a PD/LGD Approach, distressed restructuring<br />

of the equity itself.<br />

(e) The credit institution has filed for the obligor’s bankruptcy or a<br />

similar order in respect of an obligor’s credit obligation to the<br />

credit institution, the parent undertaking or any of its<br />

subsidiaries.<br />

(f)<br />

The obligor has sought or has been placed in bankruptcy or<br />

similar protection where this would avoid or delay repayment<br />

of a credit obligation to the credit institution, the parent<br />

undertaking or any of its subsidiaries.<br />

191. The definition of default used to estimate risk parameters should be<br />

the same, regardless of the parameter for which it is used (PD, CF,<br />

LGD, or EL). However, the specific requirements of the CRD for the<br />

adoption of a compliant definition of default apply only for the<br />

purpose of risk quantification. The CRD does not prohibit using<br />

different criteria for the rating assignment process if they correspond<br />

to operational practices and if the definition used results in a ranking<br />

similar to that which would result from the CRD’s definition. (See<br />

section 3.4.3. below on ‘representativeness of data used for model<br />

development and validation.’)<br />

Definition of default within the same country<br />

192. The definition of default adopted by different institutions within the<br />

same country shall be based on the regulatory definition of default.<br />

At a minimum, the institution should implement, in addition to the<br />

objective criteria based on the number of days past­due, a definition<br />

of default based on the indications of unlikeliness to pay listed above<br />

Page 45 of 123

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