KBRA releases a report commenting on the UK Supreme Court's recent judgment regarding discretionary commission arrangements (DCA), as well as the Financial Conduct Authority's (FCA) subsequent regulatory response.
On 1 August, the UK Supreme Court upheld key aspects of an earlier Court of Appeal ruling, confirming that inadequate disclosure of commission arrangements can, in certain cases, create an "unfair relationship" under Section 140A of the Consumer Credit Act 1974. While the case involved a legacy DCA-era agreement, the ruling provides broader guidance on commission transparency and may have implications for origination practices and legacy exposure reviews across the UK auto finance sector. The KBRA report also considers the potential impact of the ruling on UK auto ABS transactions. While most post-2021 transactions are expected to have limited direct exposure to DCA-related risks, the Supreme Court's decision may introduce interpretive and operational challenges. KBRA will monitor developments as the FCA's consultation progresses and will assess the implications for rated transactions on a case-by-case basis.
Click here to view the report.
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About KBRA
KBRA, one of the major credit rating agencies, is registered in the U.S., EU, and the UK. KBRA is recognized as a Qualified Rating Agency in Taiwan, and is also a Designated Rating Organization for structured finance ratings in Canada. As a full-service credit rating agency, investors can use KBRA ratings for regulatory capital purposes in multiple jurisdictions.
Doc ID: 1010712
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