Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2008 ARS 120.2 Securitisation Supplementary Items (Cth)
Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2008
Reporting standard ARS 120.2 Securitisation – Supplementary Items
Financial Sector (Collection of Data) Act 2001
I, Wayne Stephen Byres, a delegate of APRA, under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 DETERMINE Reporting Standard ARS 120.2 Securitisation – Supplementary Items in the form set out in the Schedule, which applies to financial sector entities to the extent provided in paragraph 2 of the reporting standard.
Under section 15 of the Act, I DECLARE that the reporting standard shall begin to apply to those financial sector entities on the later of 1 April 2008 and the date of registration of this instrument on the Federal Register of Legislative Instruments.
Dated 4th February 2008
[Signed]
Wayne Byres
Executive General Manager
Diversified Institutions Division
Interpretation
In this Determination
APRA means the Australian Prudential Regulation Authority.
Federal Register of Legislative Instruments means the register established under section 20 of the Legislative Instruments Act 2003.
Schedule
Reporting Standard ARS 120.2 Securitisation – Supplementary Items comprises the 17 pages commencing on the following page.
Reporting Standard ARS 120.2
Securitisation – Supplementary Items
Objective of this reporting standard
This reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001.
This reporting standard outlines the overall requirements for the provision of information to APRA in relation to an authorised deposit-taking institution’s securitisation exposures. It should be read in conjunction with:
the versions of Form ARF 120.2 Securitisation – Supplementary Items designated for an authorised deposit-taking institution reporting at Level 1 and Level 2, and the associated instructions (all of which are attached and form part of this reporting standard); and
Prudential Standard APS 120 Securitisation.
Purpose
Data collected in Form ARF 120.2 Securitisation – Supplementary Items (ARF 120.2) is used by APRA for the purpose of prudential supervision, including assessing compliance with Prudential Standard APS 120 Securitisation (APS 120). It may also be used by the Reserve Bank of Australia and the Australian Bureau of Statistics.
Application
This reporting standard applies to an authorised deposit-taking institution (ADI) that satisfies both of the following requirements:
(a)it participates in any securitisation program, irrespective of whether (or not) the securitisation meets APRA’s operational requirements for regulatory capital relief as detailed in APS 120; and
(b)it is included in one of the classes of ADI to which this reporting standard applies, as set out in the table below.
Class of ADI Applicable Bank – Advanced or Applicant Advanced Yes Bank – Standardised Yes Branch of a Foreign Bank Yes Building Society Yes Credit Union Yes Specialist Credit Card Institution (SCCI) Yes Provider of Purchased Payment Facilities No Other ADI Yes
This reporting standard may also apply to the non-operating holding company (NOHC) of an ADI (refer to paragraph 4).
Information required
An ADI to which this reporting standard applies that is a bank – advanced or applicant advanced, bank - standardised, building society, credit union, SCCI, or other ADI must provide APRA with the information required by the version of ARF 120.2 designated for an ADI at Level 1 for each reporting period. An ADI that is a branch of a foreign bank or an SCCI operating through a branch in Australia (i.e. is incorporated in an overseas jurisdiction) must provide APRA with the information required by the version of ARF 120.2 designated for an ADI at Level 1 for each reporting period in relation to the Australian branch only.
If an ADI to which this reporting standard applies that is a bank – advanced or applicant advanced, bank – standardised, building society, credit union, SCCI (other than an SCCI operating through a branch in Australia), or other ADI, is part of a Level 2 group, the ADI must also provide APRA with the information required by the version of ARF 120.2 designated for an ADI at Level 2 for each reporting period, unless the ADI is a subsidiary of an authorised NOHC. If the ADI is a subsidiary of an authorised NOHC, the ADI’s immediate parent NOHC must provide APRA with the information required by that form for each reporting period. In doing so, the immediate parent NOHC must comply with this reporting standard (other than paragraphs 3 and 10) as if it were the relevant ADI.
Forms and method of submission
The information required by this reporting standard must be given to APRA in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application.
Note: the Direct to APRA application software may be obtained from APRA.
Reporting periods and due dates
Subject to paragraph 7, an ADI to which this reporting standard applies must provide the information required by this reporting standard for each quarter based on the financial year (within the meaning of the Corporations Act 2001) of the ADI.
APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular ADI, to require it to provide the information required by this reporting standard more frequently, or less frequently, having regard to:
(a)the particular circumstances of the ADI;
(b)the extent to which the information is required for the purposes of the prudential supervision of the ADI; and
(c)the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.
The information required by this reporting standard must be provided to APRA in accordance with the table below. The right hand column of the table sets out the number of business days after the end of the reporting period to which the information relates, within which information must be submitted to APRA by an ADI in the classes set out in the left hand column.
Class of ADI Number of business days Bank – Advanced or Applicant Advanced 30 Bank – Standardised 20 Branch of a Foreign Bank 20 Building Society 15 Credit Union 15 Specialist Credit Card Institution (SCCI) 15 Provider of Purchased Payment Facilities Not applicable Other ADI[1] 20 [1] The definitions of ‘credit union’ and ‘other ADI’ in paragraph 15 of this reporting standard provide that Cairns Penny Savings and Loans Limited is to be treated in accordance with the reporting period requirements applicable to credit unions.
APRA may grant an ADI an extension of a due date in writing, in which case the new due date for the provision of the information will be the date on the notice of extension.
Quality control
The information provided by an ADI under this reporting standard (except for the information required under paragraph 4) must be the product of processes and controls that have been reviewed and tested by the external auditor of the ADI. AGS 1008 ‘Audit Implications of Prudential Reporting Requirements for Authorised Deposit-taking Institutions’, issued by the Auditing and Assurance Standards Board provides guidance on the scope and nature of the review and testing required from external auditors. This review and testing must be done on an annual basis or more frequently if necessary to enable the external auditor to form an opinion on the accuracy and reliability of the data.
All information provided by an ADI under this reporting standard must be subject to processes and controls developed by the ADI for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the ADI to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.
Authorisation
When an ADI submits information under this reporting standard using the ‘Direct to APRA’ software, it will be necessary for an officer of the ADI to digitally sign, authorise and encrypt the relevant data. For this purpose, APRA’s certificate authority will issue ‘digital certificates’, for use with the software, to officers of the ADI who have authority from the ADI to transmit the data to APRA.
Minor alterations to forms and instructions
APRA may make minor variations to:
(a)a form that is part of this reporting standard, and the instructions to such a form, to correct technical, programming or logical errors, inconsistencies or anomalies; or
(b)the instructions to a form, to clarify their application to the form
without changing any substantive requirement in the form or instructions.
If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.
Interpretation
In this reporting standard:
ADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.
APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.
Australian-owned bank means a locally incorporated ADI that assumes or uses the word ‘bank’ in relation to its banking business and is not a foreign subsidiary bank.
authorised NOHC has the meaning given in the Banking Act 1959.
bank – advanced or applicant advanced means an Australian-owned bank or a foreign subsidiary bank that has APRA’s approval or is seeking APRA’s approval to use an internal ratings-based approach to credit risk and/or an advanced measurement approach to operational risk for capital adequacy purposes.
bank – standardised means an Australian-owned bank or a foreign subsidiary bank that uses the standardised approaches to credit risk and operational risk for capital adequacy purposes in respect of the whole of its operations.
branch of a foreign bank means a ‘foreign ADI’ as defined in section 5 of the Banking Act 1959, but does not include an SCCI that is a foreign ADI.
building society means a locally incorporated ADI that assumes or uses the expression ‘building society’ in relation to its banking business.
business days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.
class of ADI means each of the following:
(i)bank – advanced or applicant advanced;
(ii)bank – standardised;
(iii)branch of a foreign bank;
(iv)building society;
(v)credit union;
(vi)other ADI;
(vii)provider of purchased payment facilities; and
(viii) a specialist credit card institution.
credit union means a locally incorporated ADI that assumes or uses the expression ‘credit union’ in relation to its banking business and, for the purposes of this reporting standard, includes Cairns Penny Savings and Loans Limited.
foreign subsidiary bank means a locally incorporated ADI in which a bank that is not locally incorporated has a stake of more than 15%.
immediate parent NOHC means an authorised NOHC, or a subsidiary of an authorised NOHC, that is an immediate parent NOHC within the meaning of paragraph 10(b) of Prudential Standard APS 110 Capital Adequacy (APS 110).
Level 1 has the meaning in APS 110.
Level 2 has the meaning in APS 110.
locally incorporated means incorporated in Australia or in a State or Territory of Australia, by or under a Commonwealth, State or Territory law.
other ADI means an ADI that is not an Australian-owned bank, a branch of a foreign bank, a building society, a credit union, a foreign subsidiary bank, a provider of purchased payment facilities or a specialist credit card institution, but for the purposes of this reporting standard does not include Cairns Penny Savings and Loans Limited.
provider of purchased payment facilities means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to providing purchased payment facilities.
reporting period means a period mentioned in paragraph 6 or, if applicable, paragraph 7.
specialist credit card institution means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to the activities of credit card acquiring and credit card issuing in any credit card scheme that was designated as a payment system under section 11 of the Payment Systems (Regulation) Act 1998 on 11 April 2001.
stake means a stake determined under the Financial Sector Shareholdings Act 1998, as if the only associates that were taken into account under paragraph (b) of subclause 10(1) of the Schedule to that Act were those set out in paragraphs (h), (j) and (l) of subclause 4(1).
subsidiary has the meaning in the Corporations Act 2001.
APRA may make a determination in writing that an individual ADI of one class of ADI is to be treated, for the purposes of this reporting standard, as though it was an ADI of another class of ADI.
Reporting Form ARF 120.2
Securitisation – Supplementary Items
Instruction Guide
This instruction guide is designed to assist in the completion of the Securitisation – Supplementary Items form. This form collects information on the involvement of an authorised deposit-taking institution (ADI) in securitisation programs it has itself established. It also collects information on securitisation programs established by third parties to which the ADI sells assets, provides other facilities, or in which it invests.
The information collected in this form is not used in calculating the regulatory capital relating to an ADI’s securitisation exposures. In completing this form, ADIs should refer to Prudential Standard APS 120 Securitisation (APS 120).
General directions and notes
Reporting entity
This form is to be completed at Level 1 and Level 2[2] by each ADI that satisfies both of the following requirements:
[2] Level 1 and Level 2 are defined in accordance with Prudential Standard APS 110 Capital Adequacy.
(a)it participates in any securitisation program, irrespective of whether (or not) the securitisation meets APRA’s operational requirements for regulatory capital relief, as detailed in APS 120; and
(b)it is included in one of the classes of ADI to which this form applies, as set out in the table below.
| Class of ADI | Reporting required |
| Bank – Advanced or Applicant Advanced[3] | Yes |
| Bank – Standardised | Yes |
| Branch of a Foreign Bank | Yes[4] |
| Building Society | Yes |
| Credit Union | Yes |
| Specialist Credit Card Institution (SCCI) | Yes[5] |
| Provider of Purchased Payment Facilities | No |
| Other ADI | Yes |
[3] When an ADI is seeking APRA’s approval to use the internal ratings-based approach to credit risk and/or an advanced measurement approach to operational risk, and is therefore classified as a “Bank – Advanced or Applicant Advanced”, the ADI may concurrently be classified as a “Bank – Standardised”. In this case, the ADI must comply with the requirements and timeframes for a “Bank – Advanced or Applicant Advanced”.
[4] A branch of a foreign bank is required to complete this form for the Australian branch only.
[5] A specialist credit card institution operating through a branch in Australia is required to complete this form for the Australian branch only.
If an ADI is a subsidiary of an authorised non-operating holding company (NOHC), the report at Level 2 is to be provided by the ADI’s immediate parent NOHC.[6]
[6] Refer to paragraph 4 of Reporting Standard ARS 120.2 Securitisation – Supplementary Items.
Reporting period and timeframes for lodgement
The form is to be completed as at the last day of the stated reporting period (i.e. the relevant quarter). The table below specifies the number of business days after the end of the relevant reporting period, within which each class of ADI must submit data to APRA.
| Class of ADI | Number of business days |
| Bank – Advanced or Applicant Advanced | 30 |
| Bank – Standardised | 20 |
| Branch of a Foreign Bank | 20 |
| Building Society | 15 |
| Credit Union | 15 |
| Specialist Credit Card Institution (SCCI) | 15 |
| Provider of Purchased Payment Facilities | Not applicable |
| Other ADI[7] | 20 |
[7] Cairns Penny Savings and Loans Limited is to be treated in accordance with the reporting period requirements applicable to credit unions.
An immediate parent NOHC must submit data to APRA within the same timeframe as its subsidiary ADI.
Unit of measurement
This form should be completed in Australian dollars (AUD) and in accordance with the units set out for each class of ADI in the table below.
| Class of ADI | Units |
| Bank – Advanced or Applicant Advanced | Millions of dollars rounded to one decimal place |
| Bank – Standardised | Millions of dollars rounded to one decimal place |
| Branch of a Foreign Bank | Millions of dollars rounded to one decimal place |
| Building Society | Whole dollars with no decimal place |
| Credit Union | Whole dollars with no decimal place |
| Specialist Credit Card Institution (SCCI) | Whole dollars with no decimal place |
| Provider of Purchased Payment Facilities | Not applicable |
| Other ADI | Whole dollars with no decimal place |
An immediate parent NOHC must complete this form in AUD and in accordance with the same units as its subsidiary ADI.
Amounts denominated in foreign currency are to be converted to AUD in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates.
Definitions
In relation to this instruction guide and its corresponding reporting form (ARF 120.2), refer to APS 120 for the definitions of originating ADI and other securitisation related terminology.
Additionally, in this instruction guide and the reporting form, the following expressions have the defined meanings as set out below:
Trading book
An ADI that wishes to operate a trading book must submit a trading book policy statement to APRA for approval that specifies those activities that belong in the trading book (refer to Prudential Standard APS 116 Capital Adequacy: Market Risk) for details.
Banking book
The banking book covers all businesses not included in the trading book.
Specific instructions
The following instructions are applicable at Level 1 and (where relevant) Level 2.
Section A: Securitised assets of ADI
For the purposes of section A of this form, ADIs are to include all securitised assets. That is, for the reported amounts in this section, an ADI is to include:
(a)the securitised assets that meet the operational requirements for regulatory capital relief, and are excluded from the calculation of regulatory capital (refer to APS 120);
(b)the securitised assets that do not meet the operational requirements for regulatory capital relief, and are included in the on-balance sheet assets of an ADI (or member of its Level 2 consolidated group) for capital adequacy purposes under Prudential Standard APS 112 Capital Adequacy: Standardised Approach to Credit Risk (APS 112) or Prudential Standard APS 113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk (APS 113), as appropriate; and
(c)the securitised assets that meet the operational requirements for regulatory capital relief, and that the ADI elects to treat as on-balance sheet assets for capital adequacy purposes under APS 112 or APS 113, as appropriate (refer to Attachment B to APS 120).
Column 1. Outstanding principal
Report the outstanding value (plus accrued interest) of assets and exposures that the reporting ADI has sold, or otherwise originated, into securitisation programs. Report all amounts regardless of whether they are consolidated or not for the purposes of accounting and regulatory capital treatment.
Column 2. Impaired assets
Report those securitised assets and exposures that would be considered impaired if held by the ADI, in accordance with Prudential Standard APS 220 Credit Quality. Report all amounts regardless of whether they are consolidated or not for the purposes of accounting and regulatory capital treatment.
Column 3. Past due assets
Report all securitised assets and exposures that would be considered 90 days past due if held by the ADI, in accordance with paragraph 15 of Guidance Note AGN 220.1 Impaired Facility Definitions. Report all amounts regardless of whether they are consolidated or not for the purposes of accounting and regulatory capital treatment.
Column 4. Repurchases of exposures
Report all securitised assets and exposures originated or sold by the ADI to a securitisation program that have been purchased or repurchased by the ADI during the reporting period. Report all amounts regardless of whether they are consolidated or not for the purposes of accounting and regulatory capital treatment.
1.1 Housing loans
Report the outstanding principal value (and accrued interest) for all owner-occupied and investment housing loans that have been sold to, or originated into, securitisation programs by the ADI.
1.2 Personal loans
Report the outstanding principal value (and accrued interest) for all personal loans that have been sold to, or originated into, securitisation programs by the ADI. Include all loans to households other than housing loans (e.g. credit cards, margin loans, and other personal term loans).
1.3 Commercial loans
Report the outstanding principal value (and accrued interest) for all loans to private and public trading corporations, private unincorporated businesses and community service organisations, ADIs and other financial institutions, and loans to government that have been sold to, or originated into, securitisation programs by the ADI.
1.4 Other
Report the outstanding principal value (and accrued interest) for all other securitised assets and exposures (e.g. leases and receivables) that have been sold to, or originated into, securitisation programs by the ADI.
1.5 Total
Derived fields that sum the securitised assets reported in each column.
1.5.1 of which: assets that do not meet the operational requirements for regulatory capital relief, and are reported as on-balance sheet assets for prudential reporting purposes
Report the amount of the securitised assets that do not meet the operational requirements for regulatory capital relief detailed in Attachment B to APS 120, and are treated as on-balance sheet assets under APS 112 or APS 113, as appropriate.
1.5.2 of which: assets that meet the operational requirements for regulatory capital relief, and that are treated as on-balance sheet assets for capital adequacy purposes
Report the amount of the securitised assets that meet the operational requirements for regulatory capital relief detailed in Attachment B to APS 120 that the ADI elects to treat as on-balance sheet assets for capital adequacy purposes, under APS 112 or APS 113, as appropriate.
1.5.3 of which: assets that are held by warehouses
Report the amount of the securitised assets that have been transferred to securitisation warehouses and other short-term (i.e. less than one year in maturity) funding vehicles, whether or not funded by commercial paper or other arrangements.
Section B: Holdings of securities
Report the closing value of all securities issued by securitisation programs that are held by the ADI and reported as assets on the ADI’s balance sheet.
2.1 Securities held in the banking book
Column 1. ADI as originator
Report the closing value of all securities held by the ADI in its banking book (which are also reported on its balance sheet) that are issued by securitisation programs with the ADI as originator.
Column 2. Other
Report the closing value of all securities held by the ADI in its banking book (which are also reported on its balance sheet) that are issued by securitisation programs other than with the ADI as originator.
Column 3. Total
Derived field that sums up the total securities held in the banking book.
2.2 Securities held in the trading book
Column 1. ADI as originator
Report the closing value of all securities held by the ADI in its trading book (which are also reported on its balance sheet) that are issued by securitisation programs with the ADI as originator.
Column 2. Other
Report the closing value of all securities held by the ADI in its trading book (which are also reported on its balance sheet) that are issued by securitisation programs other than with the ADI as originator.
Column 3. Total
Derived field that sums up the total securities held in the trading book.
Section C: Provision of facilities
Columns 1.1, 2.1 & 3.1 Notional amount
Report the total committed amount or limit of any liquidity, funding, underwriting, lending, credit enhancement or other facility, or the notional principal amount of a swap provided by the ADI to a securitisation program.
Columns 1.2, 2.2 & 3.2 Drawn amount
Report the principal amount (and any accrued interest) of the facility that has been drawn by the securitisation program or investors, and is currently outstanding at the end of the quarter. For example, if the facility is a liquidity facility and fully drawn by the securitisation program, the entire amount drawn is the outstanding exposure. In the case of a swap, report the credit equivalent amount, as at the end of the reporting quarter.
3.1 Liquidity facilities
Refer to paragraph 8(n) of APS 120 for the definition of liquidity facility.
3.2 Funding facilities
Refer to paragraph 8(k) of APS 120 for the definition of funding facility.
3.3 Underwriting facilities
Refer to paragraph 8(z) of APS 120 for the definition of underwriting facility.
3.4 Lending facilities
Report all facilities that the ADI provides directly to investors for the purpose of investing in securities issued by the program.
3.5 Credit enhancements
Refer to paragraph 8(d) of APS 120 for the definition of a credit enhancement.
3.6 Swaps
Include all basis swaps, as defined in paragraph 8(b) of APS 120, and all other swaps provided by an ADI to securitisation programs. Report the credit equivalent amount of swaps.
3.7 Other
Include all facilities[8] other than those previously defined in section C of this instruction guide.
[8] Facilities are defined in accordance with paragraph 8(g) of APS 120.
3.8 Total
Derived fields that sum the notional amount or drawn amount for each type of facility.
Section D: Securitisation income
4.1 Facility fee income
Report all fee income received by the ADI from facilities provided to securitisation programs. Exclude income received from holding the residual units or other excess spread arrangements in a securitisation program.
4.2 Servicing fee income
Report all fee income received by the ADI from services provided to securitisation programs. Exclude income received from holding the residual units or other excess spread arrangements in a securitisation program.
4.3 Excess spread income
Report all income received from residual units or other excess spread arrangements.
Section E: Memorandum items: Details of new arrangements entered into during the quarter
ADIs are to report the details of any new securitisation arrangements entered into during the reporting quarter.
Table 1. Loans sold or originated into securitisation SPVs or schemes
Column 1. SPV or scheme name
Report the names of the securitisation SPVs or schemes into which the ADI has sold, or otherwise originated, loans during the reporting quarter.
Column 2. Securitisation type
Select the relevant securitisation type (i.e. warehouse asset-backed commercial paper (ABCP), other warehouse, ABCP, residential mortgage-backed securities (RMBS), commercial mortgage-backed securities (CMBS), synthetic securitisation, or other) from the dropdown list.
Column 3. Asset type
Select the relevant asset type (i.e. housing, personal, commercial, or other loans) from the dropdown list.
Column 4. Value of loans sold or originated into SPV or scheme
Report the outstanding value of loans that have been sold, or otherwise originated, into securitisation SPVs or schemes during the reporting quarter.
Table 2. New facilities provided to securitisation SPVs or schemes
Column 1. SPV or scheme name
Report the names of the securitisation SPVs or schemes to which the ADI has provided new facilities during the reporting quarter.
Column 2. Securitisation type
Select the relevant securitisation type (refer to the instructions under Table 1, column 2 of this instruction guide)
Column 3. Facility type
Select the relevant facility type (i.e. liquidity, funding, underwriting, lending, credit enhancement, swaps or other facility) from the dropdown list.
Column 4. Notional amount
Report the total committed amount or limit of the liquidity, funding, underwriting, credit enhancement or other facility, or the notional principal amount of a swap provided by the ADI to the securitisation SPV or scheme.
Column 5. Termination date
Report the maturity date of the facility or program, or the next roll-over, extension or renewal date, whichever is earlier, or enter the text “no maturity”.
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