S.L. 330.9 Art. 45EApplication of the minimum requirement for own funds and eligible liabilities to resolution entities.

(1) Resolution entities shall comply with the requirements laid down in regulation 45B to regulation 45D on a consolidated basis at the level of the resolution group.

(2) The Resolution Committee shall determine the requirement referred to in regulation 45(1) for a resolution entity at the consolidated resolution group level in accordance with regulation 45H, on the basis of the requirements laid down in regulations 45B to 45D

and on the basis of whether the third-country subsidiaries of the group are to be resolved separately under the resolution plan.

(3) For resolution groups identified in accordance with paragraph

(b) of the definition "resolution group" in regulation 2(1), the relevant European resolution authority shall decide, depending on the features of the solidarity mechanism and of the preferred resolution strategy, which entities in the resolution group are to be required to comply with regulation 45C(3), (4) and (5) and regulation 45D(1), in order to ensure that the resolution group as a whole complies with sub-regulations (1) and (2) and how such entities are to do so in conformity with the resolution plan.