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73. (i) Related parties can include, among other things, the bank’s subsidiaries, affiliates, and any party (including their subsidiaries, affiliates and special purpose entities) that the 25. Related parties can include, inter alia, the bank’s bank exerts control over or that exerts control over the bank, subsidiaries and affiliates, and any party that the bank exerts the bank’s major shareholders, Board members, senior control over or that exerts control over the bank. It may also management and key staff, their direct and related interests, include the bank’s major shareholders, directors, senior and their close family members as well as corresponding management and key staff, their direct and related interests, persons in affiliated companies. (ii) Related party transactions and their close family members as well as corresponding include on-balance sheet and off-balance sheet credit persons in affiliated companies. exposures and claims, as well as, dealings such as service contracts, asset purchases and sales, construction contracts, lease agreements, derivative transactions, borrowings, and write-offs. The term transaction should be interpreted broadly to incorporate not only transactions that are entered into with related parties but also situations in which an unrelated party (with whom a bank has an existing exposure) subsequently becomes a related party. Essential criteria Essential criteria 1. Laws or regulations explicitly provide, or the 1. Laws or regulations provide, or the supervisor supervisor has the power to provide, a has the power to prescribe, a comprehensive comprehensive definition of “related parties”. This definition of “related parties”. This considers the should consider the parties identified in the parties identified in the footnote to the Principle. footnote to the Principle. The supervisor may The supervisor may exercise discretion in exercise discretion in applying this definition on a applying this definition on a case by case basis. case by case basis. 2. Laws, regulations or the supervisor require that 2. Laws, regulations or the supervisor require that exposures to related parties may not be granted transactions with related parties are not on more favourable terms (ie for credit undertaken on more favourable terms (eg in assessment, tenor, interest rates, amortisation credit assessment, tenor, interest rates, fees, schedules, requirement for collateral) than amortisation schedules, requirement for corresponding exposures to non-related collateral) than corresponding transactions with counterparties.26 non-related counterparties.74 26. An exception may be appropriate for beneficial terms that 74. Loans provided at favourable terms and that are part of are part of overall remuneration packages (eg staff receiving overall remuneration packages for staff might also be credit at favourable rates). extended to senior management and the Board members. 50/73 2006 Methodology 2011 Draft Methodology 3. The supervisor requires that transactions with 3. The supervisor requires that transactions with related parties and the write-off of related-party related parties and the write-off of related-party exposures exceeding specified amounts or exposures exceeding specified amounts or otherwise posing special risks are subject to prior otherwise posing special risks are subject to prior approval by the bank’s Board. The supervisor approval by the bank’s Board. The supervisor requires that Board members with conflicts of requires that Board members with conflicts of interest are excluded from the approval process. interest are excluded from the approval process of granting and managing related party transactions. 4. The supervisor requires that banks have 4. The supervisor determines that banks have policies and processes in place to prevent policies and processes to prevent persons persons benefiting from the exposure and/or benefiting from the transaction and/or persons persons related to such a person from being part related to such a person from being part of the of the process of granting and managing the process of granting and managing the exposure. transaction.
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