Investor Presentaiton
Positive changes in Polish Covered Bonds Law
Legal framework for Polish Covered Bonds
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The Act on Covered Bonds and Mortgage Banks (Ustawa o
listach zastawnych i bankach hipotecznych) of August 29,
1997 as amended
The Bankruptcy Law (Prawo upadłościowe) of February 28,
2003, Bankruptcy proceedings for mortgage banks, Article
442-450a
Mortgage Bank
Specialised bank (mortgage bank) with the supervision of Polish Financial
Supervision Authority (KNF)
Mortgage bank is a joint stock company with a legal personality (not a branch)
with several licences e.a.: banking licence and a consent to start operating
activity, both granted by the KNF
A covered bond issuer may issue mortgage or public covered bond
Specific license for each covered bond type is required before the issuer may start
to issue covered bonds
Fundamental changes in 2016 revision of the Act on Covered Bonds and Mortgage Banks
- in line with the best market practices and with recommendations of the European Central Bank (ECB) and credit rating agencies
Improvements:
Increase of credibility
and safety of covered
bonds
✓ Extension of covered
bond supply
✓ Extension of demand for
covered bonds
•
•
soft bullet / pass-through - maturity of the covered bonds
obligations extended automatically by 12 months and if asset
coverage or liquidity test were negative - pass through
case of mortgage bank's insolvency (details on the next
slide)
Regulatory status - Compliance with:
Covered Bonds Programme
Domestic
International
-
in
CRR art 129
✓
✓
UCITS 52 (4)
✓
✓
BRRD
✓
✓
Credit quality step
LCR Delegated Act
(HQLA)
2
2
mandatory liquidity reserve covering at least 6 months of
interest due on the covered bonds outstanding
minimum legal overcollateralization requirement (OC) - 10%
increase refinancing limit for mortgage covered bonds for
residential mortgage loans to 80% from 60%
introduce investment limit for Pension Funds 5% of portfolio
per issuer of covered bonds
income from interest or discounts on the covered bonds
earned by foreign investors is exempt from withholding tax
(WHT)
ECB Repo
Expected category III
NBP Repo
CBPP/LTRO
✓
×
E
mGroup
Covered
bonds
Cover Pool
Polish
Economy
Real Estate
Market
Legislation
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