Federal Register of Legislation
Banking (prudential standard) determination No. 6 of 2023
Prudential Standard APS 120 Securitisation
Banking Act 1959
I, Clare Gibney, a delegate of APRA:
(a) under subsection 11AF(3) of the Banking Act 1959 (the Act) REVOKE Banking (prudential standard) determination No. 2 of 2023, including Prudential Standard APS 120 Securitisation made under that determination; and
(b) under subsection 11AF(1) of the Act DETERMINE Prudential Standard APS 120 Securitisation, in the form set out in the schedule, which applies to all ADIs and authorised NOHCs to the extent provided in paragraphs 2 to 5 of the prudential standard.
This instrument commences on 1 January 2024.
Dated: 21 November 2023
Clare Gibney
Executive Director
Policy and Advice Division
Interpretation In this instrument:
APRA means the Australian Prudential Regulation Authority.
ADI and authorised NOHC have their respective meanings given in section 5 of the Act.
Schedule
Prudential Standard APS 120 Securitisation comprises the document commencing on the following page.
Prudential Standard APS 120
Securitisation Objectives and key requirements of this Prudential Standard This Prudential Standard aims to ensure that an authorised deposit-taking institution adopts prudent practices to manage the risks associated with securitisation and to ensure sufficient regulatory capital is held against the associated credit risk. The key requirements of this Prudential Standard are that an authorised deposit-taking institution must: * have a risk management framework covering its involvement in a securitisation; * ensure there is clear and prominent disclosure of the nature and limitations of its obligations arising from its involvement in a securitisation; * not provide implicit support to a securitisation; and * calculate regulatory capital for credit risk against its securitisation exposures.
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