12.01.2015 Views

Descarca catalogul - ALB

Descarca catalogul - ALB

Descarca catalogul - ALB

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

the requirements provided for under Chapter V - “Information requirements” regarding the guarantees.<br />

Article 6 - In order to establish the value whereby the amounts representing the credit exposures are<br />

actually reduced, the amounts registered in the accounting records, related to the guarantees, shall<br />

be adjusted through the application of coefficients ranging between 0 and 1, and the result shall be<br />

limited to the level of the guaranteed amounts.<br />

Article 7 The guarantees which can be taken into account by lenders to reduce the exposure against<br />

the debtor are listed in the table of Annex No. 2, as well as other real property, according to the<br />

internal rules of the lenders.<br />

Article 8 - (1) The coefficients used for the adjustment of the amounts registered in the accounting<br />

records, related to the guarantees listed in the table of Annex No. 2, shall be established by the<br />

lender, for each category/case. The value of these coefficients cannot exceed the maximum value<br />

that is specified in the table.<br />

(2) The lender must have the supporting documentation that is needed to establish the value of the<br />

coefficients provided under paragraph(1).<br />

Article 9 - (1) Any real property guarantee, except for the general pledge, of the guarantees created<br />

over future goods 2 and the real property provided in the table in Appendix No. 2, may be taken into<br />

account to reduce the value of the lender’s exposure against the debtor, to a value which cannot<br />

exceed the fair value thereof. For this purpose, lenders may only consider those real guarantees<br />

for which they can establish the fair value based on their own methodology 3 as provided by their<br />

internal regulations. In order to adjust the fair value, the lender shall establish the coefficients for<br />

each category/case.<br />

(2) The guarantee policies the object of which consists of debt receivables may be taken into<br />

account for exposure reduction purposes only if the legal requirements in force on security interests<br />

are met.<br />

(3) The lender must have the supporting documentation that is needed to establish the value of the<br />

coefficients provided under paragraph (1).<br />

Article 10 - The insurance policies whose object is to guarantee/take over the risk of default shall<br />

be assimilated to letters of guarantee issued by credit institutions and, consequently, lenders may<br />

consider them as credit risk “mitigators”, if all of the following conditions are observed:<br />

a) have characteristics that are similar to those imposed on the letters of guarantee issued by credit<br />

institutions (express, irrevocable, and unconditional);<br />

b) the credit risk was transferred outside the lender’s group through insurance/reinsurance<br />

transactions conducted with insurance/reinsurance companies, and the insurance/reinsurance<br />

companies from outside the group, which have taken over the risk, comply with the requirements of<br />

the applicable community standards (or the standards that apply to insurance/reinsurance companies<br />

2 The guarantees on future goods only produce effects as of the moment when the debtor<br />

obtains the ownership of the goods and, as a consequence, they cannot be taken into account for<br />

exposure reduction. E.g.: guarantees represented by the assignment of compensations given under<br />

credit risk insurance policies, life insurance policies; guarantees represented by the assignment of<br />

collections from future debts.<br />

3 As the fair value is a category defined and regulated under the International Financial<br />

Reporting Standards (IFRS), lenders shall prepare the methodologies used to establish the fair<br />

value of the received real property, taking into account the aforesaid accounting standards.<br />

111<br />

60184_file_interior_lucian_v9.indd 111<br />

11/5/2012 9:22:06 AM

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!