S.L. 330.9 Art. 104Extraordinary ex- post contributions.

(1) Where the available financial means are not sufficient to cover the losses, costs or other expenses incurred by the use of the financing arrangements, extraordinary contributions ex-post shall be raised from the institutions licensed in Malta, in order to cover the additional amounts. Those extraordinary ex-post contributions shall be allocated between institutions in accordance with the rules laid down in regulation 103(2): Provided that extraordinary ex-post contributions shall not exceed three times the annual amount of contributions determined in accordance with regulation 103.

(2) Regulations 103(4) to (6) and Article 103(7) and (8) of the BRRD shall be applicable to the contributions raised under this regulation.

(3) The Resolution Committee may defer, in whole or in part, an institution’s payment of extraordinary ex-post contributions to the resolution financing arrangement if the payment of those contributions would jeopardise the liquidity or solvency of the institution. Such a deferral shall not be granted for a period of longer than six months but may be renewed upon the request of the institution. The contributions deferred pursuant to this sub-regulation shall be paid when such a payment no longer jeopardises the institution’s liquidity or solvency.