S.L. 330.9 Art. 34General principles governing resolution.

(1) When applying the resolution tools and exercising the resolution powers, the Resolution Committee shall take all appropriate measures to ensure that the resolution action is taken in accordance with the following principles:

(a) the shareholders of the institution under resolution bear first losses;

(b) creditors of the institution under resolution bear losses after the shareholders in accordance with the order of priority of their claims under normal insolvency proceedings, save as expressly provided otherwise in these regulations;

(c) the board of directors and senior management of the institution under resolution are replaced, except in those cases when the retention of the board of directors and senior management, in whole or in part, as appropriate to the circumstances, is considered to be necessary for the achievement of the resolution objectives;

(d) the board of directors and senior management of the institution under resolution shall provide all necessary assistance for the achievement of the resolution objectives;

(e) natural and legal persons are made liable, under civil or criminal law for their responsibility for the failure of the institution;

(f) except where otherwise provided in these regulations, creditors of the same class are treated in an equitable manner;

(g) no creditor shall incur greater losses than would have been incurred if the institution or entity referred to in paragraphs (b), (c) or (d) of the definition "entity" in regulation 2(1) had been wound up under normal insolvency proceedings in accordance with the safeguards in regulations 73 to 75;

(h) covered deposits are fully protected; and

(i) resolution action is taken in accordance with the safeguards in these regulations.

(2) Where an institution is a group entity, the Resolution Committee shall, without prejudice to regulation 31, apply resolution tools and exercise resolution powers in a way that minimises the impact on other group entities and on the group as a whole and minimises the adverse effects on financial stability in the European Union, in Malta and in the other Member States, in particular, in the countries where the group operates.

(3) When applying the resolution tools and exercising the resolution powers, the Resolution Committee shall ensure that it complies with the Union State aid framework, where applicable.

(4) Where the sale of business tool, the bridge institution tool or the asset separation tool is applied to an institution or an entity referred to in paragraphs (b), (c) or (d) of the definition "entity" in regulation 2(1), that institution or entity shall be considered to be the subject of bankruptcy proceedings or analogous insolvency proceedings for the purposes of Article 5(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses.

(5) When applying the resolution tools and exercising the resolution powers, the Resolution Committee shall inform and consult employee representatives where appropriate.

(6) The Resolution Committee shall apply resolution tools and exercise resolution powers without prejudice to provisions on the representation of employees in the board of directors as provided for in Maltese law or practice.