S.L. 330.9 Art. 45KBreaches of the minimum requirement for own funds and eligible liabilities.

(1)The Authority and the Resolution Committee, as the case may be, shall address any breach of the minimum requirement for own funds and eligible liabilities referred to in regulations 45E or

45F on the basis of at least one of the following:

(a) powers referred to in regulation 16A;

(b) powers to address or remove impediments to resolvability in accordance with regulations 17 and 18;

(c) early intervention measures in accordance with regulation 27;

(d) administrative penalties and other administrative measures in accordance with regulations 110 and 111;

(e) measures referred to in Article 104 of the CRD: Provided that, the Authority and the Resolution Committee, as the case may be, may also carry out an assessment of whether the institution or entity referred to in paragraphs (b), (c) or (d) of the definition "entity" in regulation 2(1) is failing or is likely to fail, in accordance with regulations 32, 32A or 33, as applicable.

(2) The Authority and the Resolution Committee shall consult each other when they exercise their respective powers referred to in sub-regulation (1).