Insurance (prudential standard) determination
No. 4 of 2023
Prudential Standard GPS 114 Capital Adequacy: Asset Risk Charge
Insurance Act 1973
I, Helen Rowell, a delegate of APRA:
(a) under subsection 32(4) of the Insurance Act 1973 (the Act), revoke Insurance (prudential standard) determination No. 2 of 2022, including Prudential Standard GPS 114 Capital Adequacy: Asset Risk Charge, made under that Determination; and
(b) under subsection 32(1) of the Act determine Prudential Standard GPS 114 Capital Adequacy: Asset Risk Charge, in the form set out in the Schedule, which applies to:
(i) all general insurers and authorised NOHCs; and
(ii) a subsidiary of a general insurer or authorised NOHC, where that subsidiary is a parent entity of a Level 2 insurance group.
This instrument commences on 1 July 2023.
Dated: 24 May 2023
[Signed]
Helen Rowell
Deputy Chair
Interpretation
In this instrument:
APRA means the Australian Prudential Regulation Authority.
authorised NOHC has the meaning given in section 3 of the Act.
general insurer has the meaning given in section 11 of the Act.
Level 2 insurance group has the meaning given in Prudential Standard GPS 001 Definitions.
parent entity has the meaning given in Prudential Standard GPS 001 Definitions.
subsidiary has the meaning given in Prudential Standard GPS 001 Definitions.
Schedule
Prudential Standard GPS 114 Capital Adequacy: Asset Risk Charge, comprises the document commencing on the following page.
Capital Adequacy: Asset Risk Charge
Objectives and key requirements of this Prudential Standard This Prudential Standard requires a general insurer or Level 2 insurance group to maintain adequate capital against the asset risks associated with its activities. The ultimate responsibility for the prudent management of capital of a general insurer or Level 2 insurance group rests with its Board of directors. The Board must ensure the general insurer or Level 2 insurance group maintains an adequate level and quality of capital commensurate with the scale, nature and complexity of its business and risk profile, such that it is able to meet its obligations under a wide range of circumstances. The Asset Risk Charge is the minimum amount of capital required to be held against asset risks. The Asset Risk Charge relates to the risk of adverse movements in the value of a general insurer’s or Level 2 insurance group’s on-balance sheet and off-balance sheet exposures. Asset risk can be derived from a number of sources, including market risk and credit risk. This Prudential Standard sets out the method for calculating the Asset Risk Charge. This charge is one of the components of the Standard Method for calculating the prescribed capital amount for general insurers and Level 2 insurance groups. |
Assets and liabilities to be stressed
Previous exercise of discretion
Attachment A – Off-balance sheet exposures
Attachment B – Treatment of collateral and guarantees as risk mitigants
Attachment C – Extended Licensed Entity
Attachment D – Level 2 insurance groups
2. This Prudential Standard applies to each:
(a) general insurer authorised under the Act (insurer); and
(b) Level 2 insurance group as defined in Prudential Standard GPS 001 Definitions (GPS 001).
Where a requirement is made in respect of a Level 2 insurance group, the requirement is imposed on the parent entity of the Level 2 insurance group.
3. This Prudential Standard applies to insurers and Level 2 insurance groups (regulated institutions) from 1 July 2023.
4. Certain adjustments to the methodologies and calculations in this Prudential Standard apply to Level 2 insurance groups. These adjustments are set out in Attachment D.
5. Terms that are defined in GPS 001 appear in bold the first time they are used in this Prudential Standard.
6. This Prudential Standard sets out the method for calculating the Asset Risk Charge for a regulated institution using the Standard Method to determine its prescribed capital amount.
7. The Asset Risk Charge relates to the risk of an adverse movement in a regulated institution’s capital base due to credit or market risks. Both assets and liabilities may be affected. Off-balance sheet exposures may also be affected.
8. The Asset Risk Charge is calculated as:
(a) the ‘aggregated risk charge component’ determined in accordance with paragraph 9; less
(b) any ‘tax benefits’ determined in accordance with paragraphs 12 to 14.
(a) ‘real interest rates’ determined in accordance with paragraphs 31 to 36;
(b) ‘expected inflation’ determined in accordance with paragraphs 37 to 40;
(c) ‘currency’ determined in accordance with paragraphs 41 to 43;
(d) ‘equity’ determined in accordance with paragraphs 44 to 47;
(e) ‘property’ determined in accordance with paragraphs 48 to 52;
(f) ‘credit spreads’ determined in accordance with paragraphs 53 to 64; and
(g) ‘default’ determined in accordance with paragraphs 65 to 77.
These stresses are applied either directly to asset values or by way of changes to economic variables that in turn affect the value of both assets and liabilities. Some assets and liabilities may be impacted by more than one of the seven stress tests and will need to be considered in each relevant stress test. For the stresses in (a), (b) and (c), the impact on the capital base will be two separate amounts and these need to be included in the aggregation formula.
11. For the purposes of paragraph 10, no risk charge component may be negative and, therefore, if there is no fall in the capital base of the regulated institution due to the application of the stresses, the risk charge component is assumed to be zero.
15. In determining each risk charge component, a regulated institution must include the effective exposure[1] of the regulated institution’s assets and liabilities to each of the risks if the exposure is impacted by the stress test. Some assets and liabilities may have effective exposures to multiple risks.
16. Investment income receivables must be included with the asset that generated the income and then subject to the appropriate stress tests.
17. The following assets and liabilities must not be stressed:
(b) any part of assets in excess of the asset concentration limits specified in Prudential Standard GPS 117 Capital Adequacy: Asset Concentration Risk Charge.
18. In addition to paragraph 17, a regulated institution that is an employer-sponsor of a defined benefit superannuation fund does not need to reassess any deficit in the fund as a result of the seven stress tests, unless the regulated institution has provided a guarantee in relation to the benefits.
19. The stress tests must be applied to the fair value of each of the regulated institution’s assets. A regulated institution may measure its non-financial assets, short term receivables and intercompany receivables and payables using the requirements in Australian Accounting Standards rather than fair value.[2]
20. For Category C insurers, the Asset Risk Charge must be applied to the assets in Australia only of the Category C insurer, consistent with reporting standards made under the Financial Sector (Collection of Data) Act 2001.
21. A regulated institution may be exposed to various asset risks through transactions or dealings other than those reflected on its balance sheet. Each of the stress tests must include any changes to the regulated institution’s on-balance sheet assets and liabilities that would result from application of the stresses to the regulated institution’s off-balance sheet exposures. A regulated institution must use effective exposure for any off-balance sheet exposures of the regulated institution. Detailed information on the treatment of off-balance sheet exposures is set out in Attachment A.
22. The impact of applying the asset risk stresses may be reduced where the regulated institution holds certain types of collateral against an asset, or where the asset has been guaranteed. Detailed information on the eligibility of collateral and guarantees is set out in Attachment B.
23. Hybrid assets such as convertible notes must be split into their interest-bearing and equity/option exposures. A regulated institution must consider the changes in value of the two exposures separately for each of the asset risk stresses.
24. For assets of a regulated institution held under a trust or in a controlled investment entity,[3] the regulated institution may calculate the Asset Risk Charge by looking-through to the assets and liabilities of the trust. Alternatively, the investment may be treated as an equity asset (a listed equity asset if the investment is listed, or an unlisted equity asset if the investment is unlisted). Look-through must be used if the trust or controlled investment entity is both unlisted and geared.[4]
25. A security that is the subject of a repurchase or securities lending agreement must be treated as if it were still owned by the lender of the security. Any counterparty risk that arises from the transaction must be recognised in the default stress.
26. Term deposits issued by an authorised deposit-taking institution (ADI) must be treated in the same way as a corporate bond issued by the ADI. If the ADI guarantees a minimum amount on early redemption, the minimum amount may be recognised as a floor to the stressed value of the asset in each of the real interest rates and expected inflation stresses. In the credit spreads stress, the minimum amount may be recognised as a floor to the stressed value, but it must be reduced by multiplying it by (1 – default factor).
27. Derivatives include forwards, futures, swaps, options and other similar contracts. Derivatives expose a regulated institution to the full range of investment risks, even though in many cases there may be no, or only a very small, initial outlay.
28. Changes to the capital base that would arise from changes in the value of derivatives must be included in the risk charges arising from each of the asset risk stresses.
29. A risk charge must be applied to the fair value of over-the-counter derivatives in the default stress to allow for the risk of counterparty default. This is in addition to any charges that would arise from other asset risk stresses.
30. In certain circumstances, a regulated institution may choose to hold assets in a Special Purpose Vehicle (SPV) or other related entity, rather than on its own balance sheet. Detailed information on the treatment of an ‘Extended Licence Entity’ (ELE) is set out in Attachment C.
32. Real interest rates are the portion of the nominal risk-free interest rates that remain after deducting expected CPI inflation.
33. All assets and liabilities whose values are dependent on real or nominal interest rates must be revalued using the stressed real or nominal rates.
34. The stress adjustments to real interest rates are determined by multiplying the greater of three per cent or the nominal risk-free interest rates by 0.25 (upward stress) or by -0.20 (downward stress). The stress adjustments must be added to the nominal risk-free interest rates. The stress adjustments must also be added to real yields if these are used explicitly in the valuation of an asset or liability (e.g. inflation-indexed bonds). Post-stress real yields may be negative.
35. The maximum stress adjustment is 200 basis points in either direction. The minimum upward stress is 75 basis points and the minimum downward stress is 60 basis points. Nominal risk-free interest rates and real yields may be negative after applying the downward stress adjustment.
38. In each scenario, assets and liabilities whose values are dependent on expected inflation or nominal interest rates must be revalued using the stressed expected inflation or nominal interest rates.
39. The stress adjustments to expected inflation rates are an increase of 125 basis points and a decrease of between 50 and 100 basis points. A downward stress of 50 basis points applies when the nominal risk-free interest rate is negative. A downward stress of 100 basis points applies when the nominal risk-free interest rate exceeds one per cent per annum. If the nominal risk-free interest rate is between zero and one per cent per annum the downward stress is determined as the sum of 50 basis points and half of the nominal risk-free interest rate. The stress adjustments must be added to the nominal risk-free interest rates. The stress adjustments must also be added to any expected inflation rates included in the valuation of assets or liabilities. Nominal risk-free interest rates and expected inflation rates may be negative after applying the downwards stress adjustments.
41. This stress measures the impact on the capital base of changes in foreign currency exchange rates.
42. The regulated institution must calculate the impact on the capital base of both an increase and a decrease of 25 per cent in the value of the Australian dollar against all foreign currencies.[5] In each of these scenarios, the Australian dollar must be assumed to move in the same direction against all foreign currencies. The impact of each calculation must not be less than zero. Both impact calculations must be used for the purposes of the aggregation formula in paragraph 78.
45. For listed equities, the fall in value is to be determined by increasing the dividend yield on the ASX 200 index at the reporting date by 2.5 per cent. The same proportionate fall in value must be applied to both Australian and overseas listed equities.
46. For unlisted equities and other assets, the fall in value is to be determined by increasing the dividend yield on the ASX 200 index at the reporting date by 3 per cent. The same proportionate fall in value must be applied to all unlisted equities and other assets. The ASX 200 dividend yield must be determined using dividends for the 12 months prior to the reporting date and asset values at the reporting date.
49. The fall in value of the assets must be determined by increasing the rental yield for property assets or earnings yield for infrastructure assets by 2.75 per cent.
50. For property assets, the rental yields are to be based on the most recent leases in force and are determined net of expenses.
51. For infrastructure assets, the yields to be used are the earnings yields before tax.
54. This stress applies to interest-bearing assets, including cash deposits and floating rate assets. Credit derivatives and zero-coupon instruments such as bank bills must also be included.
Table 1: Credit spreads and default factors
Counterparty grade | Default (%) | Bonds[6] | Structured/ | Re-securitised |
1 (government) | 0.0 | 0.0 | 0.0 | 0.0 |
1 (other) | 0.2 | 0.6 | 1.0 | 1.8 |
2 | 0.6 | 0.8 | 1.4 | 2.4 |
3 | 1.2 | 1.2 | 2.0 | 3.2 |
4 | 3.0 | 1.6 | 2.5 | 4.0 |
5 | 6.0 | 2.0 | 3.0 | 5.0 |
6 | 10.0 | 2.5 | 3.5 | 6.0 |
7 | 16.0 | 3.0 | 4.5 | 7.5 |
56. A ‘securitised/structured asset’ is an asset that provides an exposure to a pool or portfolio of assets or risks. This is typically in the form of a tranched exposure and includes credit-related securitisation exposures and insurance linked securities. Examples of these include Residential Mortgage-Backed Securities, Asset-backed Securities and catastrophe bonds. A covered bond issued by an ADI must not be treated as a securitised/structured asset.
57. An investment that provides exposure to an untranched pool of multiple reference entities, assets or risks must be treated:
(a) on a ‘look-through’ basis;
(b) as an equity asset (applying the equity stress instead of the credit spreads stress); or
(c) as a securitised asset using the counterparty grade of the untranched pool.
58. Credit wrapped bonds must be treated as a securitised asset if the external rating of the bond makes some allowance for the structural protection offered by the credit wrap. Otherwise the bond must be treated as a bond with no credit wrap.
59. A re-securitisation exposure is a securitisation exposure in which the risk associated with an underlying pool of exposures is tranched and at least one of the underlying exposures is a securitisation exposure. In addition, an exposure to one or more re-securitisation exposures is a re-securitisation exposure.
60. For floating rate assets, the increase in yield must be assumed to apply for the period until a regulated institution has the contractual right to redeem the asset at face value. For at-call floating rate assets, only the default factor must be applied. For floating rate assets that are not immediately redeemable, both the credit spread and default factors must be applied.
61. For fixed rate assets where the regulated institution has a contractual right to early redemption of the asset, the stressed value of the asset is subject to a minimum of the guaranteed redemption value multiplied by (1 – default factor).
62. Unsecured loans that have a 100 per cent charge applied in the default stress in accordance with paragraph 72 must be assumed to be unaffected by the credit spreads stress.
63. The ‘government’ category applies to:
(a) assets guaranteed by the Commonwealth Government; and
(b) assets guaranteed by foreign governments that have a counterparty grade of 1 and are denominated in the official or national currency of the guarantor.
66. This stress includes the risk of counterparty default. A regulated institution must determine risk charges for the default stress for the risk of counterparty default on exposures that include (but are not limited to) reinsurance assets, unpaid premiums, futures and options, swaps, hedges, warrants, forward rate and repurchase agreements.
67. Where a regulated institution has unpaid premium, unclosed business, and non-reinsurance recoveries in respect of business ceded under a whole of account quota share arrangement, this stress may be applied to the net (rather than gross) of the quota share position.
Table 2: Default factors by counterparty grade
Counterparty grade | Default factor (%) |
1 (government) | 0 |
1 (other) | 2 |
2 | 2 |
3 | 4 |
4 | 6 |
5 | 8 |
6 | 12 |
7 | 20 |
69. For the purpose of the default stress, reinsurance assets are to be the central estimate of reinsurance assets as measured in accordance with Prudential Standard GPS 340 Insurance Liability Valuation (GPS 340). For other assets, the default factor must be applied to the amount of loss that would be incurred if the counterparty defaulted and no recovery was made.
71. For unclosed business a four per cent factor applies.
72. The following types of unsecured loans have a 100 per cent default factor applied[7]:
(a) loans to directors of the regulated institution, or their spouses;
(b) loans to directors of related bodies corporate, or their spouses;
(c) loans to a parent or related company that are not on commercial terms; and
(d) loans to employees exceeding $1,100.
73. Assets guaranteed by an Australian state or territory government must be rated up one grade. For example, assets with counterparty grade 1 must be treated as grade 1 (government) and assets with counterparty grade 2 must be treated as grade 1 (other).
Reinsurance assets due from non-APRA authorised reinsurers
74. Reinsurance assets due from non-APRA-authorised reinsurers are subject to the default stress factors that are higher than would otherwise apply under paragraph 68. These are set out in Table 3 below.
Table 3: Default factors by counterparty grade for non-APRA-authorised reinsurance assets
Counterparty grade | Default factor (%) |
1 (government) | 2 |
1 (other) | 2 |
2 | 4 |
3 | 6 |
4 | 8 |
5 | 12 |
6 | 20 |
7 | 20 |
75. The default factors for reinsurance recoverables from non-APRA-authorised reinsurers arising under reinsurance contracts incepting on or after 31 December 2008 are as specified in Table 4 below (in replacement of those specified in Table 2 in paragraph 68) to each reinsurance recoverable on and from the second annual balance date after the event giving rise to the reinsurance recoverable occurred.[8] This treatment applies only to the extent that the reinsurance recoverables are not supported by collateral, a guarantee or a letter of credit as specified in Attachment B.[9]
Table 4: Default factors for reinsurance recoveries from non-APRA authorised reinsurers on and from the second balance date
Counterparty grade | Default factor (%) |
1 | 20 |
2 | 40 |
3 | 60 |
4 | 100 |
5 | 100 |
6 | 100 |
7 | 100 |
a) the recoverable has become a receivable (i.e. it is due and payable);
b) the receivable is overdue for more than six months since a request for payment has been made to the reinsurer; and
c) there is no formal dispute between the insurer and reinsurer in relation to that receivable.[10]
78. The aggregated risk charge component is calculated as:
where
(a) Ax is the risk charge component for asset risk stress x;
(b) Ay is the risk charge component for asset risk stress y;
(c) ∑x,y is the sum over all combinations of asset risk stresses, excluding the default stress;
(d) Corrx,y is the correlation between asset risk stresses x and y;
(e) sign (x) is 1 for the equity, property and credit spreads stresses. For the real interest rates and expected inflation stresses, sign (x) is 1 if the stress is a decrease in rates, otherwise it is -1. For the currency stress, sign (x) is 1 if the stress is a depreciation of the Australian dollar against foreign currencies, otherwise it is -1; and
(f) sign (y) is defined in the same way as sign (x).
79. The correlation matrix is:
Table 5: Asset Risk Charge correlation matrix
| RIR | INF | CUR | EQY | PROP | CSP |
RIR | 1 | 0.2 | 0.2 | 0.2 | 0.2 | 0.2 |
INF | 0.2 | 1 | 0.2 | 0.4 | 0.4 | 0.2 |
CUR | 0.2 | 0.2 | 1 | 0.6 | 0.2 | 0.4 |
EQY | 0.2 | 0.4 | 0.6 | 1 | 0.4 | 0.8 |
PROP | 0.2 | 0.4 | 0.2 | 0.4 | 1 | 0.4 |
CSP | 0.2 | 0.2 | 0.4 | 0.8 | 0.4 | 1 |
81. APRA may, by notice in writing to a regulated institution, adjust or exclude a specific requirement in this Prudential Standard in relation to that regulated institution.
(a) notify APRA;
(b) explain how this arrangement complies with its Risk Management Strategy; and
(c) explain how it will be valued for the purposes of capital adequacy calculations.
Such an exposure may cause APRA to apply a supervisory adjustment in accordance with Prudential Standard GPS 110 Capital Adequacy.
4. To the extent that a regulated institution has issued instruments of the following kind:
(a) guarantees (including written put options serving as guarantees);
(b) letters of credit; or
(c) any other credit substitute (other than insurance) in favour of another party,
the regulated institution is exposed to the risk of having to make payment on these instruments should a default event occur that requires the regulated institution to pay an amount under the instrument. The risk of such events occurring must be considered in the default stress. The default factors must be applied to the face value of each exposure. Where the credit substitute is supported by collateral or a guarantee, the provisions of relevant paragraphs from Attachment B may be applied.
5. A regulated institution that issues a surety bond which meets the definition set out in paragraph 6 of this Attachment may approach APRA for treatment in accordance with the approach set out in paragraph 7 of this Attachment, as an alternative to the treatment outlined in paragraph 4 of this Attachment.
(a) the Customer enters into the Surety Agreement in order to enable the Customer to meet a requirement of another agreement (Principal Agreement) between the Customer, or a person associated with the Customer, and a person other than the regulated institution (Principal);
(b) under the surety bond, the regulated institution undertakes to make a payment to, or perform an obligation for the benefit of, the Principal or another person nominated by the Principal (Beneficiary) in the circumstances specified in the surety bond;
(c) the surety bond is issued to the Principal or the Beneficiary in relation to, or in connection with, an obligation owed by the Customer, or a person associated with the Customer, to the Principal under the Principal Agreement being an obligation that:
(i) is a performance obligation or contains an element of performance on the part of the Customer, or a person associated with the Customer; and
(ii) does not relate solely to an obligation on the part of the Customer, or a person associated with the Customer, to pay a stipulated amount to the Principal in the event that a specified event occurs; and
(d) under the Surety Agreement, the Customer is liable to the regulated institution if the regulated institution makes a payment or incurs a liability to the Principal or the Beneficiary under the surety bond.
7. A regulated institution must seek written approval from APRA to treat any surety bonds the regulated institution has issued as if they were an insurance risk (for the purposes of meeting the requirements of the GI Prudential Standards only). This would require the regulated institution to include surety bond exposures within the insurer’s assessment of insurance liabilities, as determined under GPS 340, and to apply the relevant capital factors specified in Prudential Standard GPS 115 Capital Adequacy: Insurance Risk Charge. For the purposes of calculating net outstanding claims liabilities and net premiums liabilities (as determined under GPS 340), the regulated institution may treat any risk mitigation arrangement as if it were reinsurance.
8. A regulated institution seeking APRA’s approval for this approach outlined in paragraph 7 of this Attachment would need to include with its application a written confirmation from the regulated institution’s Appointed Actuary that that person is able to appropriately measure the risk of the surety bond business within the regulated institution’s insurance liabilities.
3. Collateral held against an asset may be considered in place of the asset if this would reduce the Asset Risk Charge. Where the fair value of the collateral does not cover the full value of the asset, the collateral must only replace that part of the asset that is covered by the collateral.
4. Collateral may be recognised in place of an asset only to the extent that it takes the form of a registered charge, registered mortgage or other legally enforceable security interest in, or over, an ‘Eligible Collateral Item’. ‘Eligible Collateral Items’ are cash, government securities, or debt obligations (i.e. loans, deposits, placements, interest rate securities and other receivables) where the counterparty has a counterparty grade of 1, 2 or 3. The Eligible Collateral Item must also be held for a period not less than that for which the asset is held.
5. The stresses applied in the credit spreads and default stresses may be determined using the counterparty grade of a third-party guarantor if the guarantee is explicit, unconditional, irrevocable and legally enforceable for the remaining term to maturity of the related asset. The guarantor must have a counterparty grade (or for governments, a long-term foreign currency credit rating) of 1, 2 or 3. Guarantees provided by the regulated institution’s parent or a related entity are not eligible for this treatment.
(a) to the extent that it takes the form of:
(i) assets held in Australia that form part of a trust fund maintained by a trustee resident in Australia for the benefit of the insurer;
(ii) deposits held by the insurer in Australia, which are controlled by the insurer in Australia, made by the non-APRA-authorised reinsurer;
(iii) a combination of the two forms of collateral specified in paragraphs (i) and (ii); or
(iv) any other form of collateral as may be approved by APRA in writing in a particular case; and
(b) if it provides effective security against liabilities arising under the reinsurance contract; and
(c) if it is not available for distribution to creditors of the reinsurer other than the insurer in the event of the insolvency of the reinsurer.
7. Where the fair value of the collateral does not cover the full value of the reinsurance recoverables, only that part of the value of the reinsurance recoverables that is covered by collateral may be assigned the default factor applicable to the collateral.
(a) the guarantor or issuer of the letter of credit is an ADI or, in the case of a Category E insurer, its parent entity or other related entity, provided the entity has a counterparty grade of 1, 2 or 3;
(b) the guarantee or letter of credit is explicit, unconditional and irrevocable;
(c) the guarantor or issuer of the letter of credit is obliged to pay the insurer in Australia; and
(d) the obligation of the guarantor or issuer of the letter of credit to pay the insurer is specifically linked to performance of the reinsurance contract or contracts under which the reinsurance recoverables arise.
9. Except in the case of a Category E insurer, a guarantee or letter of credit provided to an insurer by its parent entity or other related entity is not eligible for the treatment provided for in paragraph 8 of this Attachment.
(a) the related entity must be wholly owned and controlled by the regulated institution, with a Board of directors/trustees that is comprised entirely of members of the regulated institution’s Board or senior management;
(b) the regulated institution must demonstrate to APRA that there are no legal or regulatory barriers (e.g. restrictions imposed by law or a regulator in a foreign jurisdiction) to the transfer of the assets back to the regulated institution;
(c) the regulated institution’s risk management systems and controls must apply fully to the operations of the related entity. The senior management of the regulated institution must be in a position to monitor the operations of the related entity to the same extent as the operations of the regulated institution itself. Systems for monitoring and maintaining control over the related entity must be included within the internal and external audit programs of the regulated institution;
(d) the regulated institution must be able to furnish stand-alone accounting records for the related entity and provide APRA with full and unfettered access to this information at any time (including during on-site visits);
(e) where the related entity holds or invests in assets on behalf of the regulated institution, the related entity must have no material third party liabilities, other than exempt tax liabilities and employee entitlements;
(f) where the related entity borrows on behalf of the regulated institution, all funds must be on-lent directly to the regulated institution; and
(g) the related entity must not conduct any business that the regulated institution would otherwise be prevented from conducting under the Act.
(a) Level 2 insurance groups may recognise tax benefits as a deduction from the Asset Risk Charge if tax legislation allows them to be absorbed by the existing deferred tax liabilities within the Level 2 insurance group. However, a Level 2 insurance group must not recognise tax benefits whose value is contingent on the tax benefits being absorbed by deferred tax liabilities of entities outside the Level 2 insurance group;
(b) Level 2 insurance groups must make all consolidation adjustments for intra-group arrangements before applying the currency stress outlined in this Prudential Standard;
(c) Level 2 insurance groups must make all consolidation adjustments for intra-group arrangements before applying the stress outlined in this Prudential Standard; and
(d) The modification to the default stress relating to reinsurance recoverables from non-APRA-authorised reinsurers, as set out in paragraphs 74, 75 and 76 of this Prudential Standard, does not apply to the reinsurance recoverables of the international business of the Level 2 insurance group.[12]
2. A Level 2 insurance group must consult with APRA prior to entering into a material securitisation transaction in order to reduce the Asset Risk Charge.
3. A Level 2 insurance group may use a best endeavours basis to determine the identification of asset or counterparty exposures for international business. The best endeavours basis must use information held by entities within the Level 2 insurance group, or otherwise publicly available information, in a manner consistent with the group’s documented credit risk management policies.
[1] The effective exposure of an insurer’s assets and liabilities must also include the regulatory adjustments to Common Equity Tier 1 Capital to allow for the effects of accounts receivable and accounts payable outlined in Attachment B of GPS 112, but gross of any tax effects.
[2] For the purpose of calculating the result of the stress tests other than the default stress, a regulated institution must use the net insurance liabilities calculated in accordance with Prudential Standard GPS 340 Insurance Liability Valuation (GPS 340) instead of the equivalent statutory account values.
[3] For this purpose, an investment entity is an entity where the sole purpose of the entity is investment activities.
[4] For this purpose, a trust or entity may be geared through borrowings or through the use of derivatives.
[5] In the increase scenario, the Australian dollar values of foreign currency assets and liabilities will fall by 20 per cent. In the decrease scenario, the Australian dollar values of foreign currency assets and liabilities will increase by 33.3 per cent.
[6] and other non-securitised assets including covered bonds issued by an ADI.
[7] Unsecured loans that have a 100 per cent default factor applied in accordance with paragraph 72 are not subject to credit spreads stress, real interest rates stress, expected inflation stress and currency stress.
[8] For a claims-made policy, the reference to “event” is to the date a claim notification was made. Novated contracts are regarded as incepting at the time specified in the contract they replaced, except where a later time is specified in the novation deed.
[9] For the avoidance of doubt, the default factors specified in Table 4 apply to the amount of relevant reinsurance recoverables that exceeds the amount of available collateral, guarantee or letter of credit.
[10] Any dispute between the insurer and reinsurer in relation to a receivable arising from a reinsurance recoverable would have been taken into account in the valuation processes provided for under GPS 340
[11] For the purpose of application of paragraphs 6 to 10 of this Attachment to a Level 2 insurance group, ‘insurer’ must be read to mean a Level 1 insurer (as defined in GPS 001).
[12] For clarity, this means that the reinsurance recoverables from non-APRA-authorised reinsurers of entities within the Level 2 insurance group that are not insurers are not subject to the default factors in Table 3, subject to the default factors in Table 4 or the default factor as determined by paragraph 76 for the default stress test.