S.L. 330.9 · Recovery And Resolution Regulations (S.L. 330.9)
S.L. 330.9 Art. 119Cooperation 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
Title VII of the CRD, the European regulatory
(1) The Authority and the Resolution Committee shall cooperate with the EBA for the purposes of these regulations in accordance with Regulation (EU) No 1093/2010.
(2) The Authority and the Resolution Committee shall, without delay, provide the EBA with all the information necessary to carry out its duties in accordance with Article 35 of Regulation (EU) No 1093/2010. Amended by: SCHEDULE L.N. 6 of 2021.
SECTION A
Information to be included in recovery plans The recovery plan shall include the following information:
(1) a summary of the key elements of the plan and a summary recovery capacity;
(2) a summary of the material changes to the institution since the filed recovery plan;
(3) a communication and disclosure plan outlining how the institution manage any potentially negative market reactions;
(4) a range of capital and liquidity actions required to maintain viability and financial position of the institution;
(5) an estimation of the time-frame for executing each material plan;
(6) a detailed description of any material impediment to the effective execution of the plan, including consideration of impact on the rest customers and counterparties;
(7) identification of critical functions;
(8) a detailed description of the processes for determining marketability of the core business lines, operations and assets of the institution;
(9) a detailed description of how recovery planning is integrated corporate governance structure of the institution as well as the procedures governing the approval of the recovery plan and identification persons in the organisation responsible for preparing and implementing
(10) arrangements and measures to conserve or restore the institution’s funds;
(11) arrangements and measures to ensure that the institution has adequate to contingency funding sources, including potential liquidity sources, of available collateral and an assessment of the possibility to transfer group entities and business lines, to ensure that it can continue to operations and meet its obligations as they fall due;
(12) arrangements and measures to reduce risk and leverage;
(13) arrangements and measures to restructure liabilities;
(14) arrangements and measures to restructure business lines;
(15) arrangements and measures necessary to maintain continuous financial markets infrastructures;
(16) arrangements and measures necessary to maintain the functioning of the institution’s operational processes, including infrastructure services;
(17) preparatory arrangements to facilitate the sale of assets or business time-frame appropriate for the restoration of financial soundness; management actions or strategies to restore financial soundness and financial effect of those actions or strategies; preparatory measures that the institution has taken or plans to take in order the implementation of the recovery plan, including those necessary to timely recapitalisation of the institution; framework of indicators which identifies the points at which appropriate referred to in the plan may be taken. SECTION B that the Resolution Committee may request institutions to provide for purposes of drawing up and maintaining resolution plans Resolution Committee may request institutions to provide for the purposes of maintaining resolution plans at least the following information: detailed description of the institution’s organisational structure including a persons; identification of the direct holders and the percentage of voting and non-of each legal person; location, jurisdiction of incorporation, licensing and key management each legal person; mapping of the institution’s critical operations and core business lines material asset holdings and liabilities relating to such operations and by reference to legal persons; detailed description of the components of the institution’s and all its legal liabilities, separating, at a minimum by types and amounts of short term and secured, unsecured and subordinated liabilities;
of those liabilities of the institution that are bail-inable liabilities; identification of the processes needed to determine to whom the has pledged collateral, the person that holds the collateral and the which the collateral is located;
description of the off balance sheet exposures of the institution and its including a mapping to its critical operations and core business lines;
material hedges of the institution including a mapping to legal persons; identification of the major or most critical counterparties of the institution as analysis of the impact of the failure of major counterparties in the financial situation;
system on which the institution conducts a material number or value trades, including a mapping to the institution’s legal persons, critical core business lines; payment, clearing or settlement system of which the institution is indirectly a member, including a mapping to the institution’s legal critical operations and core business lines; detailed inventory and description of the key management information including those for risk management, accounting and financial and reporting used by the institution including a mapping to the institution’s critical operations and core business lines; identification of the owners of the systems identified in point (13), agreements related thereto, and any software and systems or licences, including a mapping to their legal entities, critical operations and lines;
(15) an identification and mapping of the legal persons and the interconnections and interdependencies among the different legal persons such as:
(i) common or shared personnel, facilities and systems;
(ii) capital, funding or liquidity arrangements;
(iii) existing or contingent credit exposures;
(iv) cross guarantee agreements, cross-collateral arrangements, default provisions and cross-affiliate netting arrangements;
(v) risks transfers and back-to-back trading arrangements; agreements;
(16) the European regulatory authority and the European resolution each legal person;
(17) the director responsible for providing the information necessary the resolution plan of the institution as well as those responsible, if different, different legal persons, critical operations and core business lines;
(18) a description of the arrangements that the institution has in that, in the event of resolution, the Resolution Committee will have all information, as determined by the Resolution Committee, for applying tools and powers;
(19) all the agreements entered into by the institutions and their with third parties the termination of which may be triggered by a decision authorities to apply a resolution tool and whether the consequences may affect the application of the resolution tool;
(20) a description of possible liquidity sources for supporting resolution;
(21) information on asset encumbrance, liquid assets, off-balance sheet hedging strategies and booking practices.
SECTION C Matters that the Resolution Committee is to consider when assessing resolvability of an institution or group When assessing the resolvability of an institution or group, the Committee shall consider the following: When assessing the resolvability of a group, references to an institution deemed to include any institution or entity referred to in paragraphs (c) definition "entity" in regulation 2(1) within a group:
(1) the extent to which the institution is able to map core business critical operations to legal persons;
(2) the extent to which legal and corporate structures are aligned business lines and critical operations;
(3) the extent to which there are arrangements in place to provide staff, infrastructure, funding, liquidity and capital to support and maintain business lines and the critical operations;
(4) the extent to which the service agreements that the institution fully enforceable in the event of resolution of the institution;
(5) the extent to which the governance structure of the institution ensuring compliance with the institution’s internal policies with service level agreements; extent to which the institution has a process for transitioning the services under service level agreements to third parties in the event of the critical functions or of core business lines; extent to which there are contingency plans and measures in place to continuity in access to payment and settlement systems; adequacy of the management information systems in ensuring that the Committee and the European resolution authorities are able to gather complete information regarding the core business lines and critical as to facilitate rapid decision making; capacity of the management information systems to provide the essential for the effective resolution of the institution at all times even changing conditions; extent to which the institution has tested its management information stress scenarios as defined by the Resolution Committee; extent to which the institution can ensure the continuity of its information systems both for the affected institution and the new the case that the critical operations and core business lines are the rest of the operations and business lines; extent to which the institution has established adequate processes to provides the Resolution Committee and the European resolution with the information necessary to identify depositors and the amounts deposit guarantee schemes;
the group uses intra-group guarantees, the extent to which those provided at market conditions and the risk management systems those guarantees are robust; the group engages in back-to-back transactions, the extent to which transactions are performed at market conditions and the risk management concerning those transactions practices are robust; extent to which the use of intra-group guarantees or back-to-back transactions increases contagion across the group; extent to which the legal structure of the group inhibits the application of tools as a result of the number of legal persons, the complexity of the or the difficulty in aligning business lines to group entities;
amount and type of bail-inable liabilities of the institution; the assessment involves a mixed activity holding company, the extent resolution of group entities that are institutions or financial institutions negative impact on the non-financial part of the group;
existence and robustness of service level agreements; whether third-country authorities have the resolution tools necessary to resolution actions by European resolution authorities, and the scope for action between European Union and third-country authorities;
feasibility of using resolution tools in such a way which meets the objectives, given the tools available and the institution’s structure;
extent to which the group structure allows the Resolution Committee to resolve the whole group or one or more of its group entities without significant direct or indirect adverse effect on the financial system, confidence or the economy and with a view to maximising the value a whole;
(23) the arrangements and means through which resolution could be the cases of groups that have subsidiaries established in different jurisdictions;
(24) the credibility of using resolution tools in such a way which resolution objectives, given possible impacts on creditors, counterparties, and employees and possible actions that third-country authorities may
(25) the extent to which the impact of the institution’s resolution on system and on financial market’s confidence can be adequately evaluated;
(26) the extent to which the resolution of the institution could have direct or indirect adverse effect on the financial system, market confidence economy;
(27) the extent to which contagion to other institutions or to the financial could be contained through the application of the resolution tools and
(28) the extent to which the resolution of the institution could have effect on the operation of payment and settlement systems.