Recovery And Resolution Regulations (S.L. 330.9)

Inhalt

1. Art. 1 Citation and scope.
2. Art. 2 Interpretation.
3. Art. 3 Powers and duties of the Resolution Committee.
4. Art. 4 Simplified obligations for certain institutions.
5. Art. 5 Recovery plans. S.L. 371.15 Cap. 371.
6. Art. 6 Assessment of recovery plans. S.L. 371.16 S.L. 370.15
7. Art. 7 Group recovery plans. S.L. 371.15
8. Art. 8 Assessment of group recovery plans. S.L. 371.15 Cap. 371. Cap. 370.
9. Art. 9 Recovery plan indicators.
10. Art. 10 Resolution plans.
11. Art. 11 Information for the purpose of resolution plans and cooperation from the institution.
12. Art. 12 Group resolution plans.
13. Art. 13 Requirement and procedure for group resolution plans.
14. Art. 14 Transmission of resolution plans to the competent authorities.
15. Art. 15 Assessment of resolvability for institutions.
16. Art. 16 Assessment of resolvability for groups.
17. Art. 16A Power to prohibit certain distributions.
18. Art. 17 Powers to address or remove impediments to resolvability.
19. Art. 18 Powers to address or remove impediments to resolvability: group treatment.
20. Art. 19 Group financial support agreement.
21. Art. 20 Review of proposed agreement.
22. Art. 21 Approval of proposed agreement by shareholders.
23. Art. 22 Transmission of the group financial support agreements.
24. Art. 23 Conditions for group financial support.
25. Art. 24 Decision to provide financial support.
26. Art. 25 Rightofopposition of the Authority.
27. Art. 26 Disclosure.
28. Art. 27 Early intervention measures. S.L. 371.16 S.L. 370.15
29. Art. 28 Removal of the seniormanagement and the board of directors.
30. Art. 29 Temporary administrator. Cap. 386.
31. Art. 30 Coordination of early intervention measures and appointment of temporary administrator in relation to groups.
32. Art. 31 Resolution objectives.
33. Art. 32 Conditions for resolution and early intervention
34. Art. 32A Conditions for resolution with regard to a central body and credit institutions permanently affiliated to a central body.
35. Art. 32B Insolvency proceedings in respect of institutions and entities that are not subject to resolution action.
36. Art. 33 Conditions for resolution with regard to financial institutions and holding companies.
37. Art. 33A Non-applicability.
38. Art. 33B Power to suspend certain obligations.
39. Art. 34 General principles governing resolution.
40. Art. 35 Special management.
41. Art. 36 Valuation for the purposes of resolution.
42. Art. 37 General principles of resolution tools.
43. Art. 38 The sale of business tool.
44. Art. 39 Sale of business tool: procedural requirements.
45. Art. 40 Bridge institution tool.
46. Art. 41 Operation of a bridge institution.
47. Art. 42 Asset separation tool.
48. Art. 43 The bail-in tool.
49. Art. 44 Scope of bail-in tool.
50. Art. 44A Selling of subordinated eligible liabilities to retail clients.
51. Art. 45 Application of the minimum requirement.
52. Art. 45A Exemption from the minimum requirement for own funds and eligible liabilities.
53. Art. 45B Eligible liabilities for resolution entities.
54. Art. 45C Determination of the minimum requirement for own funds and eligible liabilities.
55. Art. 45D Determination of the minimum requirement for own funds and eligible liabilities for resolution entities of G-SIIs andUnionmaterial subsidiaries of non-EU G-SIIs.
56. Art. 45E Application of the minimum requirement for own funds and eligible liabilities to resolution entities.
57. Art. 45F Application of the minimum requirement for own funds and eligible liabilities to entities that are not themselves resolution entities.
58. Art. 45G Waiver for a central body and credit institutions permanently affiliated to a central body.
59. Art. 45H Procedure for determining the minimum requirement for own funds and eligible liabilities.
60. Art. 45I Supervisory reporting and public disclosure of the requirement.
61. Art. 45J Reporting to the EBA.
62. Art. 45K Breaches of the minimum requirement for own funds and eligible liabilities.
63. Art. 45L
64. Art. 46 Assessment of amount of bail-in.
65. Art. 47 Treatment of shareholders in bail-in or write- down or conversion of capital instruments.
66. Art. 48 Sequence of write- down and conversion.
67. Art. 49 Derivatives.
68. Art. 50 Rate of conversion of debt to equity.
69. Art. 51 Recovery and reorganisation measures to accompany bail-in.
70. Art. 52 Business reorganisation plan.
71. Art. 53 Effect of bail-in.
72. Art. 54 Removal of procedural impediments to bail-in.
73. Art. 55 Contractual recognition of bail- in.
74. Art. 56 Government financial stabilisation tools.
75. Art. 57 Public equity support tool.
76. Art. 58 Temporary public ownership tool.
77. Art. 59 Requirement to write-down or convert relevant capitalinstruments and eligible liabilities.
78. Art. 60 Provisions governing the write-down or conversion of relevant capital instruments and eligible liabilities.
79. Art. 61 Authorities responsible for determination.
80. Title III of the CRD.
81. Art. 62 Consolidated application: procedure for determination.
82. Art. 63 General resolution powers.
83. Art. 64 Ancillary resolution powers.
84. Art. 65 Power to require the provision of services and facilities.
85. Art. 66 Power to enforce crisis management measures or crisis prevention measures by other Member States.
86. Art. 67 Power inrespect of assets, rights, liabilities, shares and other instruments of ownership located in third countries.
87. Art. 68 Exclusion of certain contractual terms in early intervention and resolution.
88. Art. 69 Power to suspend certain obligations.
89. Art. 70 Power to restrict the enforcement of security interests.
90. Art. 71 Power to temporarily suspend termination rights.
91. Art. 71A Contractual recognition of resolution stay powers.
92. Art. 72 Exercise of the resolution powers.
93. Art. 73 Treatment of shareholders and creditors in the case of partial transfers and application of the bail-in tool.
94. Art. 74 Valuation of difference in treatment.
95. Art. 75 Safeguard for shareholders and creditors.
96. Art. 76 Safeguard for counterparties in partial transfers.
97. Art. 77 Protection for financialcollateral, set off and netting agreements.
98. Art. 78 Protection for security arrangements.
99. Art. 79 Protection for structured finance arrangements and covered bonds.
100. Art. 80 Partial transfers: protection of trading, clearing and settlement systems.
101. Art. 81 Notification requirements. S.L. 371.16 S.L. 370.15
102. Art. 82 Decision of the resolution authority.
103. Art. 83 Procedural obligations of resolution authorities.
104. Title VII of the CRD, the European regulatory
105. Art. 84 Confidentiality.
106. Art. 85 Right to challenge decisions.
107. Art. 86 Restrictions on other proceedings.
108. Art. 87 General principles regarding decision- making involving more than one Member State.
109. Art. 88 Resolution colleges.
110. Art. 89 European resolution colleges.
111. Art. 90 Information exchange.
112. Art. 91 Group resolution involving a subsidiary of the group.
113. Art. 92 Group resolution.
114. Art. 93 Agreements with third countries.
115. Art. 94 Recognition and enforcement of third-country resolution proceedings.
116. Art. 95 Right to refuse recognition or enforcement of third-country resolution proceedings.
117. Art. 96 Resolution of Union branches.
118. Art. 97 Cooperation with third-country authorities.
119. Art. 98 Exchange of confidential information.
120. Art. 99 European system of financing arrangements.
121. Art. 100 Requirement to establishresolution financing arrangements.
122. Art. 101 Use of the resolution financing arrangements.
123. Art. 102 Target level.
124. Art. 103 Ex-ante contributions.
125. Art. 104 Extraordinary ex- post contributions.
126. Art. 105 Alternative funding means.
127. Art. 106 Borrowing between financing arrangements.
128. Art. 107 Mutualisation of national financing arrangements in the case of a group resolution.
129. Art. 108 Ranking of deposits in insolvency hierarchy.
130. Art. 109 Use of deposit guarantee schemes in the context of resolution.
131. Art. 110 Offences.
132. Art. 111 Administrative penalties and other administrative measures.
133. Art. 112 Investigatory and information gathering powers by the Authority and the Resolution Committee.
134. Art. 113 Powers to impose penalties by the Authority and the Resolution Committee.
135. Art. 114 Instances when administrative penalties and other measures may be imposed by the Authority and the Resolution Committee.
136. Art. 115 Co-operation and co-ordination.
137. Art. 116 Exchange of information on penalties and maintenance of a central database.
138. Art. 117 Effective application of penalties and measures and exercise of powers to impose penalties and measures.
139. Art. 118 Right of appeal.
140. Art. 119 Cooperation with EBA. of overall most recently intends to or restore the aspect of the and timely of the group, the value and into the policies and of the the plan; own access an assessment liquidity across carry out its access to continuous and IT lines in a (18) other the anticipated (19) to facil