ESMA Leasing.Exposures.Credit Impaired Obligor

From Open Risk Manual

Definition of ESMA Leasing.Exposures.Credit Impaired Obligor

ESMA Leasing.Exposures.Credit Impaired Obligor

  • Member of Table: ESMA Leasing Exposures Table
  • ESMA Field Index: LESL12


Description

Confirm that, pursuant to Article 20(11) of Regulation (EU) 2017/2402, at the time that this underlying exposure was selected for transfer to the SSPE, the exposure was neither in default within the meaning of Article 178(1) of Regulation (EU) No 575/2013 nor constituted an exposure to a credit-impaired debtor or guarantor, who, to the best of the originator’s or original lender’s knowledge: (a) has been declared insolvent or had a court grant his creditors a final non-appealable right of enforcement or material damages as a result of a missed payment within three years prior to the date of origination or has undergone a debt restructuring process with regard to his non-performing exposures within three years prior to the date of transfer or assignment of the underlying exposures to the SSPE, except if:

(i) a restructured underlying exposure has not presented new arrears since the date of the restructuring, which must have taken place at least one year prior to the date of transfer or assignment of the underlying exposures to the SSPE; and
(ii) the information provided by the originator, sponsor and SSPE in accordance with points (a) and (e)(i) of the first subparagraph of Article 7(1) explicitly sets out the proportion of restructured underlying exposures, the time and details of the restructuring as well as their performance since the date of the restructuring;

(b) was, at the time of origination, where applicable, on a public credit registry of persons with adverse credit history or, where there is no such public credit registry, another credit registry that is available to the originator or original lender; or (c) has a credit assessment or a credit score indicating that the risk of contractually agreed payments not being made is significantly higher than for comparable exposures held by the originator which are not securitised.

Restructuring refers to any changes made to the contractual terms of the underlying exposure agreement due to forbearance, including payment holidays, arrears capitalisation, change of interest rate basis or margins, fees, penalties, maturity and/or other generally-accepted measures of restructuring under forbearance.

Field Characteristics

Format

The field type / format is: Y/N


No Data Options

  • The field cannot be empty under data options ND1-ND4
  • The field can be empty under data option ND5


No Data Options Legend

Option Explanation
ND1 Data not collected as not required by the lending or underwriting criteria
ND2 Data collected on underlying exposure application but not loaded into the originator’s reporting system
ND3 Data collected on underlying exposure application but loaded onto a separate system from the originator’s reporting system
ND4 Data collected but will only be available from YYYY-MM-DD (YYYY-MM-DD shall be completed)
ND5 Not applicable


Disclaimer

  • This text is generated automatically. Do not edit manually!
  • This information is provided as is. Refer to the ESMA Securitisation Template for pointers to definitive instructions