Question ID:
2015_1879
Legal Act:
Regulation (EU) No 575/2013 (CRR) as amended
Topic:
Supervisory reporting - FINREP (incl. FB&NPE)
Article:
99
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (as amended)
Article/Paragraph:
Annex V, Part 2, paragraphs 167 and 182
Disclose name of institution / entity:
No
Type of submitter:
Competent authority
Subject Matter:
Definition of "Refinancing" for the purpose of reporting in columns 040, 080 and 160 of template F 19.00
Question:

What is the appropriate definition of "Refinancing" for the purpose of reporting in columns 040, 080 and 160 of template F 19.00?

Background on the question:

In accordance with paragraph 167 of Annex V, ‘Refinancing’ means the use of debt contracts to ensure the total or partial payment of other debt contracts the current terms of which the debtor is unable to comply with. It is not clear, what are differences between "refinancing" and "modification".

Date of submission:
10/03/2015
Published as Final Q&A:
13/12/2019
EBA Answer:

Refinancing, as defined in Annex V Part 2.244, ‘Refinancing’ shall mean the use of debt contracts to ensure the total or partial payment of other debt contracts the current terms of which the debtor is unable to comply with.


On the other hand, a modification is defined in Annex V Part 2.241 as “a modification of the previous terms and conditions of a contract that the debtor is considered unable to comply with due to its financial difficulties (‘troubled debt’) resulting in insufficient debt service ability and that would not have been granted had the debtor not been experiencing financial difficulties;”


Therefore, concessions that do not involve the issuance of additional debt contracts to repay old contracts shall be classified as a modification.


Similarly, as per Annex V 2.266, a repackaging of several debts into a new debt shall be reported as a modification, unless there is also a refinancing transaction that has a larger impact on cash-flows.

Status:
Final Q&A