S.L. 330.9 Art. 61Authorities responsible for determination.

(1) Where the relevant capital instruments are recognised for the purposes of meeting the own funds requirements in accordance with Article 92 of the CRR on an individual basis, the authority responsible for making the determination referred to in regulation 59(3) shall:

(a) where the institution or the entity referred to in paragraphs (b), (c) or (d) of the definition "entity" in regulation 2(1) has been licensed in Malta in accordance with Title III of the CRD, be the appropriate authority; or

(b) where the institution or entity referred to in paragraphs (b), (c) or (d) of the definition "entity" in regulation 2(1) has been authorised in another Member State in accordance with Title III of the CRD, be the overseas appropriate authority of the Member State concerned.

(1A) Where the relevant capital instruments, or eligible liabilities as referred to in regulation 59(1a), are recognised for the purposes of meeting the requirement referred to in regulation 45F(1), the appropriate authority responsible for making the determination referred to in regulation 59(3), shall be the appropriate authority of the Member State where the institution or entity referred to in paragraphs (b), (c) or (d) of the definition "entity" in regulation 2(1), has been authorised in accordance with