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| The overarching goal of {{tag|CRR}} is to strengthen the resilience of the {{tag|EU}} banking sector so it would be better placed to absorb economic shocks while ensuring that banks continue to finance economic activity and growth. | | The overarching goal of {{tag|CRR}} is to strengthen the resilience of the {{tag|EU}} banking sector so it would be better placed to absorb economic shocks while ensuring that banks continue to finance economic activity and growth. |
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| ===Netting, Transactions and Stock Lending=== | | ===See Also=== |
| The amount of regulatory capital that has to be held is expressed as a percentage of the “'''total risk exposure amount'''” (Art. {{crrprov|92(2)}} of {{tag|CRR}}).
| | *{{crrprov|Netting and Stock Lending}} |
| {{crrsnap|92(2)}}
| | *{{crrprov|Central Counterparty Clearing}} |
| The '''total risk exposure amount''' includes the counterparty risk associated with {{tag|securities lending}} transactions in the trading book (Art. {{crrprov|92(3)(f)}} of {{tag|CRR}}).
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| {{crrsnap|92(3)(f)}}
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| Under the standardised approach, the regulatory capital charge is determined by risk weighting the “'''exposure value'''” of the item in question (Art. {{crrprov|113}} of {{tag|CRR}}).
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| {{crrsnap|113}}
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| The '''exposure value''' of a {{tag|securities lending}} transaction is determined in accordance with '''Chapter 4''' or '''Chapter 6''' of Part 3, Title II (Art. {{crrprov|111(2)}} of {{tag|CRR}}).
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| {{crrsnap|111(2)}}
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| The firm can choose which Chapter to apply (Art. {{crrprov|271(2)}} of {{tag|CRR}})
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| {crrsnap|271(2)}}
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| Under Chapter 4, the cash received under a {{tag|securities lending}} transaction is to be treated as collateral (Art. {{crrprov|193(4)}} of {{tag|CRR}}).
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| {{crrsnap|193(4)}}
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| Under Chapter 6, the exposure value can be determined by using an internal model, assuming that the firm has regulatory approval for the use of such a model (Art. {{crrprov|273(2)}} of {{tag|CRR}}) or by one of the methods set out in that Chapter.
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| {{crrsnap|273(2)}}
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| Although not expressly stated in relation to stock loans, these apply certain methodologies to particular “contracts” or “transactions”.
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| A securities lending transaction is, both legally and economically a single transaction and is treated as such under {{tag|CRR}} (see, for example, Art. {{crrprov|92(3)(f)}}).
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| {{crrsnap|92(3)(f)}}
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| Where the conditions referred to in Art. {{crrprov|206}} of {{tag|CRR}} are satisfied, [[netting]] arrangements are recognised.
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| {{crrsnap|206}}
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| However, if those conditions are not satisfied, the exposure is calculated without giving effect to any close-out netting agreement that may exists, i.e. each transaction is treated individually.
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| This is to be expected because netting arrangements are only recognised if they are legally enforceable. If they are not, the counterparties may have a gross exposure to each other due to the fact that an insolvency official may be able to “cherry pick” between individual transactions, i.e. disclaim unprofitable transactions while enforcing profitable ones.
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| **It would be very unusual for an insolvency official to be able to cherry pick individual rights and obligations within a single transaction. I am not aware of any jurisdiction in which this is possible and certainly it is not possible under English law.
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| ===Length=== | | ===Length=== |