Erscheinung:09.04.2020, Stand:updated on 20.04.2020EXPIRED: If a claim for repayment of a loan is postponed as part of a general payment moratorium, is the obligor considered defaulted within the meaning of Article 178 of the CRR?
No. If a loan is postponed as part of a general payment moratorium, the counting of days past due within the meaning of Article 178(1)(b) will be suspended for the period subject to the general payment moratorium (BaFin Circular 3/2019 (BA) in conjunction with EBA/GL/2016/17, margin no. 18).
The “unlikely to pay” criteria as part of the definition of default under Article 178(1)(a) of the CRR requires a case-by-case assessment: the basis for the institution’s assessment are the obligor’s payment obligations towards the institution in accordance with the postponement as stipulated by the general payment moratorium. If an obligor receives support from a third party, e.g. through rent reductions or public grants, this is also taken into consideration in the assessment by the institution.
