Credit Risk and Investment Risk
CM-4.9.1
Where a bank acquires a holding of the
capital instruments of another entity, the concerned bank acquires risk in that entity. The riskexposure to a bank through theacquisition of capital is arguably greater than that acquired by providing credit facilities in four ways:(a) The rights of a shareholder are subordinated to those of ordinary creditors in the event of liquidation of the concerned entity.(b) Term credit facilities have an explicit obligation on the borrower to repay the sum advanced or committed. Share capital has no such commitment (with the exception of some subordinated term instruments).Investments in the capital of an entity can only be realized by the sale of the concerned capital instruments to a third party, or by winding up the concerned entity.(c) A capitalinvestment in a third party entity (particularly where theinvestment is significant in size) is a pledge of capital to the concerned entity to fund its longer-term activities. The funds concerned are no longer available to be used by the investor bank to fund its activities.(d) There may be reputational and legal risk to the investing bank, particularly if the bank has a “control relationship” with the concerned entity.Added: January 2011CM-4.9.2
In view of the above, the supervisory treatment of
major investments requires special consideration which goes further than the monitoring of largeexposures of banks as outlined earlier in Chapter CM-4.Amended: October 2016
Added: January 2011CM-4.9.2A
[This Paragraph was moved to Section CM-4.10 in October 2016]
Amended: October 2016
Amended: January 2015
Added: July 2014