12 CFR § 3.45 - Recognition of credit risk mitigants for securitization exposures.

---
identifier: "/us/cfr/t12/s3.45"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 3.45 - Recognition of credit risk mitigants for securitization exposures."
title_number: 12
title_name: "Banks and Banking"
section_number: "3.45"
section_name: "Recognition of credit risk mitigants for securitization exposures."
chapter_name: "COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY"
part_number: "3"
part_name: "CAPITAL ADEQUACY STANDARDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 93a, 161, 1462, 1462a, 1463, 1464, 1818, 1828(n), 1828 note, 1831n note, 1835, 3907, 3909, 5412(b)(2)(B), and Pub. L. 116-136, 134 Stat. 281."
regulatory_source: "50 FR 10216, Mar. 14, 1985, unless otherwise noted."
cfr_part: "3"
---


# 3.45 Recognition of credit risk mitigants for securitization exposures.

(a) *General.* (1) An originating national bank or Federal savings association that has obtained a credit risk mitigant to hedge its exposure to a synthetic or traditional securitization that satisfies the operational criteria provided in § 3.41 may recognize the credit risk mitigant under § 3.36 or § 3.37, but only as provided in this section.

(2) An investing national bank or Federal savings association that has obtained a credit risk mitigant to hedge a securitization exposure may recognize the credit risk mitigant under § 3.36 or § 3.37, but only as provided in this section.

(b) *Mismatches.* A national bank or Federal savings association must make any applicable adjustment to the protection amount of an eligible guarantee or credit derivative as required in § 3.36(d), (e), and (f) for any hedged securitization exposure. In the context of a synthetic securitization, when an eligible guarantee or eligible credit derivative covers multiple hedged exposures that have different residual maturities, the national bank or Federal savings association must use the longest residual maturity of any of the hedged exposures as the residual maturity of all hedged exposures.