Key Benefits:
The final provision of Royal Decree-Law 21/2012 of July 13, of liquidity measures of public administrations and in the financial sphere, amends Article 52.2 of Law 2/2012 of 29 June of the European Parliament State Generals for the year 2012, and introduces an article 52a, which incorporates the regulation of the essential aspects of the guarantees to the economic obligations arising from the bonds and bond issues of the credit institutions, the essential requirements and formalities for their granting and the commissions associated with such endorsements.
Article 52a of Law 2/2012, of 29 June, enables the General Secretariat of the Treasury and Financial Policy to establish, by resolution, the criteria for the calculation of the emission commissions. In addition, in accordance with paragraph 5, the General Secretariat of the Treasury and Financial Policy shall approve the application model by resolution. This resolution complies with the provisions set out in that standard.
Under its virtue, the General Secretariat of the Treasury and Financial Policy has had the right to:
First. Model of endorsement request.
The applications for endorsement referred to in Article 52a (5) of Law 2/2012 of 29 June 2012 on the General Budget of the State for the year 2012 shall comply with the following model:
Second. Criteria for the calculation of emission commissions.
1. The guarantee fee applied to the nominal amount of each bond issue or bond issue shall be the result of adding the following components:
i) 40 basis points.
(ii) 40 basis points for half of the ratio of the median of the credit default swap swap spreads (CDS) to five years of the issuing entity during the three years ending one month before the date of issue of the securities or bonds endorsed and the median of the iTraxx Europe Senior Financial index to five years over the same three-year period.
(iii) 40 basis points for half of the ratio of the median median of the senior CDS spreads to five years of all European Union Member States that have data on CDS spreads and the Median of the spreads of the Spanish CDS to five years over the same period of three years.
The above components will be calculated for each of the emissions that are to be made.
In case of a CDS spreads denominated in different currencies, the corresponding to the most liquid markets will be taken into account.
2. For issuers that have a credit rating but lack CDS differential data according to at least one of the broad-spread financial information providers or are not considered to be representative of the Bank of Spain shall, for the purposes of calculating the numerator of the ratio of point (ii) of the previous paragraph, take the median of the median of the CDS spreads over five years, over the same period of three years, from a basket of institutions in the Member States. Member of the European Union representative of its same credit quality category.
Three categories of credit quality, "AA", "A" and "BBB or lower" shall be considered, each covering the different steps concerned. For the purposes of identifying the category that corresponds to an issuer, the ratings of the issuer shall be taken into account, provided that they have been reviewed during the last 12 months, with a credit rating being sufficient to consider that the issuer has rating. If you have up to three ratings from different rating agencies, the best one will be taken into account. If you have more than three ratings, you will consider the best, if repeated, or the second best if not.
3. For issuers that lack CDS differential data according to at least one of the broad-based providers of financial information at the time of issue, or these are not representative in the judgment of the Banco de España, and not a credit rating shall be taken, for the purpose of calculating the number of the reason for paragraph 1 (ii), the median of the median of the CDS spreads over five years, over the same period of three years, of a basket of the Member States of the European Union representative of the credit quality category 'BBB or lower'.
4. The baskets of entities in the Member States of the European Union representing each of the established credit quality categories shall be published on the website of the General Secretariat of the Treasury and Financial Policy. update on the basis of any revisions of its composition by the European Commission.
Final disposition. Effects.
This resolution shall have effect from the day of its publication in the Official Gazette of the State.
Madrid, July 18, 2012. -Secretary General of the Treasury and Financial Policy, Iñigo Fernández de Mesa Vargas.