- Question ID
-
2014_1324
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Credit risk
- Article
-
Annex 1
- Paragraph
-
1. Full risk
- Subparagraph
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(e) transactions with recourse
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
-
Not applicable
- Name of institution / submitter
-
Financial Supervisory Authority of Norway
- Country of incorporation / residence
-
Norway
- Type of submitter
-
Competent authority
- Subject matter
-
Classification of invoice discount facilities as full risk items
- Question
-
1. Should invoice discount facilities always be classified as full risk items or may such facilities be classified as medium/low or low risk if they may be cancelled with immediate effect when the assumptions used for setting the limit change? 2. Should the nominal value of an invoice discount facility as an off-balance sheet item be calculated as the difference between the contractual limits of the total credit volumes of clients and the amounts that have been paid to clients for the discounted invoices not yet due for payment from customers?
- Background on the question
-
In the event of invoice discount facilities it is the factoring company that may have recourse against the client and not the other way around. The amounts that have been paid to clients for the discounted invoices are included in the balance sheet and are therefore already subject to capital requirements. There is credit risk associated with invoice discount facilities, but the risk can be reduced if the factoring company has a contractual right to change the limits of the facilities with immediate effect when the assumptions used for setting the limit change. Accordingly, we ask both for a further explanation of the term "invoice discount facilities" and how such facilities may be classified as off-balance sheet items.
- Submission date
- Final publishing date
-
- Final answer
-
The undrawn amounts of invoice discount facilities are considered as undrawn credit facilities in Annex I and are therefore classified as medium, medium/low or low risk, as applicable. In particular, classification as "low risk " requires that the conditions in paragraph 4(a) of Annex I of Regulation (EU) No 575/2013 are met.
The nominal value of undrawn amounts of invoice discount facilities equals the currently undrawn amount that could be drawn by the client.
- Status
-
Final Q&A
- Answer prepared by
-
Answer prepared by the EBA.
- Note to Q&A
-
Update 26.03.2021: This Q&A has been reviewed in the light of the changes introduced to Regulation (EU) No 575/2013 (CRR) and continues to be relevant.
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.