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Basel ii in the United States of America
From the Basel ii Compliance Professionals Association (BCPA), the largest association of Basel ii Professionals in the world
 
Final Rule, USA: Risk-Based Capital Standards:
Advanced Capital Adequacy Framework — Basel II
Nth–to-default credit derivatives
Credit derivatives that provide credit protection only for the nth defaulting reference exposure in a group of reference exposures (nth-to-default credit derivatives) are similar to synthetic securitizations that provide credit protection only after the first-loss tranche has defaulted or become a loss.
 
A simplified treatment is available to banks that purchase and provide such credit protection.
 
A bank that obtains credit protection on a group of underlying exposures through a first-to-default credit derivative must determine its risk-based capital requirement for the underlying exposures as if the bank had
synthetically securitized only the underlying exposure with the lowest capital requirement and had obtained no credit risk mitigant on the other (higher capital requirement) underlying exposures.
 
If the bank purchases credit protection on a group of underlying exposures through an nth-to-default credit derivative (other than a first-to-default credit derivative), it may only recognize the credit protection for risk-based capital purposes either if it has obtained credit protection on the same underlying exposures in the form of first-through-(n-1)-to-default credit derivatives, or if n-1 of the underlying exposures have already defaulted.
 
In such a case, the bank must again determine its risk-based capital requirement for the underlying exposures as if the bank had only synthetically securitized the n – 1 underlying exposures with the lowest capital requirement and had obtained no credit risk mitigant on the other underlying exposures.
A bank that provides credit protection on a group of underlying exposures through a first-to-default credit derivative must determine its risk-weighted asset amount for the derivative by applying the RBA (if the derivative qualifies for the RBA) or, if the derivative does not qualify for the RBA, by setting its risk-weighted asset amount for the derivative equal to the product of
 
(i) the protection amount of the derivative;
 
(ii) 12.5; and
 
(iii) the sum of the risk-based capital requirements of the individual underlying exposures, up to a maximum of 100 percent.
 
If a bank provides credit protection on a group of underlying exposures through an nth-to-default credit derivative (other than a first-to-default credit derivative), the bank must determine its risk-weighted asset amount for the derivative by applying the RBA (if the derivative qualifies for the RBA) or, if the derivative does not qualify for the RBA, by setting the risk-weighted asset amount for the derivative equal to the product of
 
(i) the protection amount of the derivative;
 
(ii) 12.5; and
 
(iii) the sum of the risk-based capital requirements of the individual underlying exposures (excluding the n-1 underlying exposures with the lowest risk-based capital requirements), up to a maximum of 100 percent.
For example, a bank provides credit protection in the form of a second-to-default credit derivative on a basket of five reference exposures.
 
The derivative is unrated and the protection amount of the derivative is $100.
 
The risk-based capital requirements of the underlying exposures are 2.5 percent, 5.0 percent, 10.0 percent, 15.0 percent, and 20 percent. The risk-weighted asset amount of the derivative would be $100 x 12.5 x (.05 +
.10 + .15 + .20) or $625.
 
If the derivative were externally rated in the lowest investment grade rating category with a positive designation, the risk-weighted asset amount would be $100 x 0.50 or $50.
 

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