Question ID: 3247 - FICOD014
Regulation Reference: (EU) 2022/2454 - ITS with regard to supervisory reporting of risk concentrations and intra-group transactions (FICOD
Topic: Reporting templates on risk concentrations and intra-group transactions for conglomerates (FICOD)
Article: Annex II
Template: FC.01, FC.02, FC.03
Status: Final
Date of submission: 13 Feb 2025
Question
The commission implementing regulation specifies how to report repurchase agreements as follows (FC02 - IGT - Derivatives / FC0110): "a repurchase agreement shall be considered as cash transaction plus forward contract". 2 operations have to be reported: one in FC01 (cash operation) and one in FC02 (forward). Is it correct? On an accounting basis, these operations are treated as loans (asset received) and borrowings (asset lend) guaranteed by the asset ceded.
EIOPA answer
In accordance with the instruction provided in section 3.2, Part II of Annex II of Commission Implementing Regulation (EU) 2022/2454, for FC0110, repurchase agreement shall indeed, when reaching the significance threshold on a stand alone basis or in aggregation with other operations that are considered together as a single economic operation, be reported as two distinct operations:
- the “cash leg” shall be considered as a loan and reported as such in table FC.01 (the undertaking receiving cash being the “issuer / borrower” and the undertaking providing cash being the “investor / lender”;
- The “securities leg” shall be considered as a forward contract and reported as such in table FC.02 (the undertaking receiving the cash and which commit to repurchase securities – i.e. the counterparty with a long position being the “investor/buyer”).
However, in the specific case that the transferee is merely entitled to return the assets at the purchase price or for a different amount agreed in advance on a date specified or to be specified, the transaction in question shall be deemed to be a sale with an option to repurchase, in accordance with article 12(3) of the Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions. Then, in accordance with the instructions provided for in section 4.2, Part II of Annex II of Commission Implementing Regulation (EU) 2022/2454 for FC0100, the transaction should be reported as follows:
- similarly, the “cash leg” shall be considered as a loan and reported as such in table FC.01 (the undertaking receiving cash being the “issuer / borrower” and the undertaking providing cash being the “investor / lender”;
- the “securities leg” shall be considered as an off-balance sheet commitment by the transferor at an amount equal to the price agreed in the event of repurchase, and reported as such in table FC.03 related to off balance sheet items.