Updates to Eligibility Criteria and Asset-backed Securities Maintenance
Communication of RBA decisions to reject repo eligibility applications
The Reserve Bank of Australia (RBA) has published information in its eligibility criteria on communicating decisions to reject repo eligibility applications or revoke repo eligibility.
When the RBA rejects an application for repo eligibility, the RBA will send a rejection letter to the applicant at the same time that the RBA publishes the rejection decision in the Outstanding applications and ineligible securities file (see the Schedule of releases on the eligibility criteria webpage).
Should the RBA revoke repo eligibility (for example, because new information is received, existing information is reinterpreted or the RBAs eligibility criteria is revised), the RBA will promptly send a rejection letter to the applicant and the List of eligible securities file and the Outstanding applications and ineligible securities file will each be updated accordingly the next time they are released (see the Schedule of releases on the eligibility criteria webpage). However, a rejection letter will ordinarily not be sent where a previously eligible security changes in a way that means it no longer meets the RBAs eligibility criteria (for example, a call notice is issued or a securitys credit rating is downgraded and no longer meets the RBAs minimum requirements) and a rejection letter might not be sent if the RBA revokes repo eligibility due to a revision to the RBAs eligibility criteria which has otherwise been communicated by the RBA (for example, by publication on the eligibility criteria webpage).
An applicant may appeal the RBAs decision to reject an application for repo eligibility, or revoke repo eligibility, by emailing eligible_securities@rba.gov.au with supporting information.
Self-securitisations – remit to the collections account at least weekly
The RBA has updated Condition 16(a) in its eligibility criteria to make it clear that principal and interest collections must be required to be remitted to the issuers collections account at least weekly.
As previously communicated:
- this requirement applies to any self-securitisation that the Reserve Bank first approves for repo eligibility after 31 March 2025; and
- existing self-securitisations (i.e. self-securitisations first approved by the Reserve Bank for repo eligibility on or before 31 March 2025) that do not meet this criteria after 31 March 2025 will incur a higher margin ratio (see Margin Ratios).
Consequences of Late Securitisation Reporting and Late Notifications to the RBA
The RBA has updated its eligibility criteria and asset-backed securities maintenance requirements to make clear the potential consequences for late securitisation reporting and late notifications.
Where entities are at risk of missing the RBAs securitisation reporting and notification deadlines, the RBA should be contacted promptly. Extensions can be requested but will generally only be granted under exceptional circumstances. Any penalties imposed, such as penalty haircuts or revocation of repo eligibility, are at the RBAs discretion.
Late securitisation reporting
Under Condition 15(e) in the RBAs eligibility criteria, the RBA now differentiates between late reporting marketed asset-backed securities (ABS) and late reporting self-securitisations.
- Marketed asset-backed securities will cease to be eligible if they do not report on time. Securities will remain ineligible for at least one month, until all outstanding submissions and the next months submission have been made.
- Self-securitisations will incur a 15 per cent penalty haircut (in the form of an Additional Discount, see Margin Ratios) if they do not report on time. The penalty haircut will remain in place until all outstanding submissions and the next months submission have been made. However, repo eligibility may also be revoked, including in the event of repeated or extended late submissions. The RBA will notify the Australian Prudential Regulation Authority (APRA) of any late reporting self-securitisations.
Late notifications to the RBA
The RBA has certain notification requirements relating to changes to asset-backed securities (ABS), as well as additional requirements for notifications relating to self-securitisations.
- Marketed ABS and self-securitisations must meet certain maintenance requirements, including for legal document changes, ISIN changes, large balance changes and ratings affirmations and insurability attestations for ABS with revolving pools. Failure to meet these requirements may result in penalty haircuts or revocation of repo eligibility.
- Condition 16(b) in the RBAs eligibility criteria requires the ADI sponsor of a self-securitisation to submit an annual certificate to the RBA between 31 January and 31 March each year, starting in 2025. Late annual certificate submissions to the RBA may result in penalty haircuts being applied, or revocation of repo eligibility, including if the Annual Certificate is late for an extended period.
- Condition 16(f) in the RBAs eligibility criteria requires the ADI sponsor of a self-securitisation to notify the RBA of certain transaction changes with minimum notification periods. Failure to meet Condition 16(f) may result in penalty haircuts being applied or revocation of repo eligibility.
- Condition 16(g) in the RBAs eligibility criteria requires the ADI sponsor of a self-securitisation to ensure that certain information is provided to the RBA. Failure to meet Condition 16(g) may result in penalty haircuts being applied or revocation of repo eligibility.
The RBA will also notify APRA if the RBA becomes aware of any late notifications relating to a self-securitisation.
For further information please contact the Eligible Securities Team at eligible_securities@rba.gov.au.
Risk & Compliance Department
Reserve Bank of Australia
14 August 2024