New York Codes, Rules and Regulations
Title 3 - BANKING
Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT
Part 117 - LENDING LIMITS: INCLUSION OF CREDIT EXPOSURES ARISING FROM DERIVATIVE TRANSACTIONS
Section 117.1 - Definitions
Current through Register Vol. 46, No. 12, March 20, 2024
For the purposes of this Part:
(a) The appropriate Federal banking agency of a bank shall be the agency specified by section 3(q) of the Federal Deposit Insurance Act (FDIA), 12 USC section 1813(q), or the successor to such provision.
(b) Bank includes a bank or trust company or a savings bank formed under the Banking Law whose deposits are insured by the Federal Deposit Insurance Corporation (FDIC).
(c) Credit derivative means a financial contract that allows one party (the protection purchaser) to transfer the credit risk of one or more exposures (reference exposure) to another party (the protection provider).
(d) The current credit exposure of a bank to a counterparty on a particular date with respect to a derivative transaction other than a credit derivative shall be the amount that the bank reasonably determines would be its loss under the terms of the derivative contract covering such transaction if the counterparty defaulted on such date.
(e) The credit exposure of a bank to a counterparty arising from derivative transactions other than credit derivatives is the higher of zero or the sum of the then positive current credit exposures with respect to such derivative transactions, provided, however, that in calculating such credit exposure, the bank may take into account netting to the extent specified in section 117.4(a) of this Part.
(f) Derivative transaction includes any transaction that is a contract, agreement, swap, warrant, note, or option that is based, in whole or in part, on the value of, any interest in, or any quantitative measure or the occurrence of any event relating to, one or more commodities, securities, currencies, interest or other rates, indices, or other assets.
(g) Effective margining arrangement means a master legal agreement governing derivative transactions between a bank and a counterparty that requires the counterparty to post, on a daily basis, variation margin to fully collateralize that amount of the bank's net credit exposure to the counterparty that exceeds $25 million created by the derivative transactions covered by the agreement.
(h) Eligible credit derivative means a single-name credit derivative or a standard, non-tranched index credit derivative, provided that:
(i) Eligible protection provider means:
(j) Readily marketable collateral means financial instruments and bullion that are salable under ordinary market conditions with reasonable promptness at a fair market value.
(k) Financial market utility shall have the same meaning as used in section 803(6) of the Dodd""Frank Wall Street Reform and Consumer Protection Act, 12 U.S.C. section 5462(6).
(l) The following terms shall have the same meaning as used in the Capital Adequacy Guidelines for Banks: Internal-Ratings-Based and Advanced Measurement Approaches (Capital Adequacy Guidelines) of the bank's appropriate Federal banking agency.1
Footnotes
1 In the case of a bank that is a member of the Federal Reserve System (member bank), the applicable definitions appear at section 2 of appendix F to 12 C.F.R. part 208, and the case an federally-insured bank that is not a member of the Federal Reserve System (nonmember insured bank), the applicable definitions appear at section 2 of appendix D to 12 C.F.R. part 325.