Impact of IBOR Reform on BNP Paribas Bank Polska S.A.
BNP Paribas Bank Polska S.A. (the "Bank") conducted a project related to the Regulation (EU) 2016/1011 of the European
Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to
measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No
596/2014 (the "BMR Regulation"). The project not only aimed to bring financial contracts within the meaning of the BMR Regulation
into line with the requirements under Article 28(2) of the BMR Regulation, but also included the application of an identical approach
to the Bank's customer relations with respect to products and contracts other than such financial contracts.
On 5 March 2021, Financial Conduct Authority - FCA - (British financial regulator) announced the liquidation of LIBOR rates for
EUR, GBP, CHF, JPY and USD (ON, SW, 2M, 1Y) at the end of 2021 and LIBOR USD (1M, 3M, 6M) on 30.06.2023. At the
beginning of April 2021, the Bank informed its customers about this fact through the Bank's website as well as through electronic
banking channels. The Bank identified balance sheet and off-balance sheet items based on CHF LIBOR, GBP LIBOR, USD LIBOR
indices. Until the liquidation of the aforementioned indices, the resulting cash flows continue to be exchanged between
counterparties under existing rules.
As at 31.12.2021. The Bank holds:
- USD LIBOR-based financial assets of USD 84.7 million, of which USD 5.8 million maturing beyond 30.06.2023,
- USD LIBOR based financial liabilities of USD 0.01 million maturing in full before 30.06.2023,
- CHF LIBOR-based financial assets of CHF 999.3 million,
- CHF LIBOR-based financial liabilities of CHF 150.0 million,
- GBP LIBOR-based financial assets of GBP 1.4 million.
As at 31 December 2021 the Bank also had interest rate swaps (IRS) under fair value hedge accounting based on USD LIBOR
for USD 70.0 million, of which USD 55.0 million matures beyond 30.06.2023.
The Bank has no hedging relationships based on CHF LIBOR and GBP LIBOR.
As at 31 December 2021 the Bank does not have any currency interest rate swaps (CIRS) that require LIBOR to be swapped for
alternative rates.
At present, it is not possible to identify any rationale for discontinuation of the publication of the WIBOR and EURIBOR indices.
Thus, the flows resulting from these indices will continue to be exchanged between counterparties under existing rules.
For the EONIA rate, which also expires at the end of 2021, the Bank has no established relationship as at 31 December 2021.
Due to contractual provisions (extended periods of stabilisation of billing rates, i.e. application of a single rate for subsequent billing
periods), LIBOR CHF, LIBOR GBP and LIBOR USD rates may be applied to the settlements occurring after the date of the
announced cessation for these indices. These indices to be replaced: LIBOR CHF by SARON (Swiss Averaged Rate Overnight)
administered by SIX Swiss Exchange, LIBOR GBP by SONIA (Sterling Overnight Index Average) administered by the Bank of
England and LIBOR USD by SOFR (Secured Overnight Financing Rate) administered by the Federal Reserve Bank of New York.
Application of new indices in financial contracts may involve the use of a composite rate or other method depending on the market
standard adopted or the standard adopted by the administrator for the calculation of a given index.
As part of the project concerning the IBOR reform implementation, the Bank focused, inter alia, on establishing or updating the
content of the so-called fallback clauses regulating how to establish substitute (alternative) indices to those which are currently in
use; confirming the method of implementation of these clauses; developing changes to the Bank's IT systems that will allow for
the practical application of substitute indices in the event the development of a given reference index is discontinued. It should be
pointed out that, starting from mid-2018, the Bank has introduced fallback clauses in mortgage loan agreements.
It should be emphasised that the IT systems at 31 December 2021 allow for a multivariate use of overnight rates in banking
products depending on the usage standards for these indicators that may take shape in the future. The Bank is prepared to use
hedging instruments for these indicators.
In the case of hedging instruments, the Bank, as recommended by the PFSA, has joined the ISDA IBOR Fallbacks Supplement
and Protocol and is actively working with its counterparties to introduce the rules in line with this methodology.
It should also be noted that under Article 23 b of the BMR Regulation, the European Commission has been given the power to set
a substitute index. On this basis, Commission Implementing Regulation (EU) 2021/1847 of 14 October 2021 on the designation of
a statutory replacement for certain settings of CHF LIBOR was published on 22 October 2021. The Regulation applies to contracts
(including credit agreements) and financial instruments that use CHF LIBOR rates and which did not have appropriate fallback
clauses as at the date when the Regulation entered into force. According to the Regulation, as of 1 January 2022, a substitute -
SARON Compound (SARON Compound Rate) will be used by law in place of LIBOR CHF with an appropriate adjustment. As a
consequence, the continuity of agreements, including loan agreements in which LIBOR CHF was an element of the calculation of
the loan interest rate, will be preserved, without the need to amend them individually. The Bank will convert LIBOR rates to SARON
Compound rates in accordance with the individual interest payment schedule for each loan. The Bank has informed customers of
this change using various communication channels. There is a risk that the legality of the Implementing Regulation may be