07 · Securitisation & crypto
Art 242–270a · 501d CRR · Reg 2017/2402
Purpose & history
The machine that manufactured AAA
Pre-2008 securitisation ran on ratings arbitrage: originate-to-distribute pushed underwriting risk off the originator, tranching plus agency models manufactured AAA paper from subprime pools, and resecuritisation (CDO²) squared the error. When house-price correlation turned out higher than the models assumed, the AAA cliff-edge losses landed on holders whose capital charges had been near zero. The 2014 revised framework rebuilt the capital side — less mechanistic ratings reliance, the SEC-IRBA/-SA/-ERBA hierarchy, floors, and the p-factor as an explicit surcharge for tranching's model risk. The EU added the market-structure side in the 2017 Securitisation Regulation: risk retention, transparency, due diligence, and the STS label buying calibration relief for simplicity.
The standing tension: post-crisis calibration is widely argued to have over-corrected, and reviving EU securitisation is now industrial policy. The June 2025 Commission package proposes lower p-factors and lighter due diligence — in legislative process, worth tracking rather than assuming.
Crypto: the bridge rule
Art 501d is a transitional, not a framework: 250% for tokenised traditional assets and ARTs referencing traditional assets, 1250% for everything unbacked, pending a permanent BCBS SCO60-based regime. MiCA governs conduct; CRR prices the balance sheet.
The lineage
Requirements
Originators & investors both carry duties
Calculations
Where capital sits in the structure
Non-STS, p = 1, pool KA = 8%. Attachment/detachment on the vertical axis.
Junior 0–8%: RW = 1250%
Mezz 8–16%: RW ≈ 790%
Senior 16–100%: RW ≈ 44% (floor 15% not binding)
Total capital ≈ KA × (1+p) = 16% of the pool — tranching doubles it.
STS (p = 0.5): total 12% · in the S-TREA (p = 0.5 / STS 0.25): less still — the transitional at work.
Changes & sources
CRR2 → CRR3
| Area | Change |
|---|---|
| Framework | Hierarchy unchanged (2019 architecture) |
| Output floor interaction | p halved in S-TREA: 0.5 non-STS / 0.25 STS — transitional to 2032 |
| Crypto | Art 501d transitional weights; disclosure & limits |
Where the law lives
Art 242–270a CRR; Securitisation Regulation 2017/2402 (retention, transparency, STS); EBA SRT report and STS GL; ESMA disclosure ITS. Crypto: Art 501d CRR, MiCA, BCBS SCO60 pending transposition.
Open items
- The June 2025 Commission securitisation package — p-factors, due diligence, LCR treatment — in legislative process; calibration may move mid-decade.
- Permanent crypto regime: SCO60 transposition will replace Art 501d; group exposure limits sharpen.
Independent analysis by Elderlake Partners, as at August 2026. Not legal, accounting or supervisory advice.