CRE70 Capital treatment of unsettled transactions and failed trades (paras. 70.1-70.12) (effective as of 15 December 2019)
This chapter sets out the capital requirements that apply to failed trades and unsettled securities, commodities, and foreign exchange transactions.
Version effective as of 15 Dec 2019
First version in the format of the consolidated framework.
Overarching principles
70.1 Banks are exposed to the risk associated with unsettled securities, commodities, and foreign exchange transactions from trade date. Irrespective of the booking or the accounting of the transaction, unsettled transactions must be taken into account for regulatory capital requirements purposes.
70.2 Banks are encouraged to develop, implement and improve systems for tracking and monitoring the credit risk exposure arising from unsettled transactions and failed trades as appropriate so that they can produce management information that facilitates timely action. Banks must closely monitor securities, commodities, and foreign exchange transactions that have failed, starting the first day they fail.
Delivery-versus-payment transactions
70.3 Transactions settled through a delivery-versus-payment system (DvP), [For the purpose of this Framework, DvP transactions include payment-versus-payment transactions.] providing simultaneous exchanges of securities for cash, expose firms to a risk of loss on the difference between the transaction valued at the agreed settlement price and the transaction valued at current market price (ie positive current exposure). Banks must calculate a capital requirement for such exposures if the payments have not yet taken place five business days after the settlement date, see CRE70.9 below.