S.L. 330.9 Art. 94Recognition and enforcement of third-country resolution proceedings.

(1) This regulation shall apply in respect of third-country resolution proceedings unless and until an international agreement as referred to in Article 93(1) of the BRRD enters into force with the relevant third country. It shall also apply following the entry into force of an international agreement as referred to in the second proviso of regulation 93 with the relevant third country to the extent that recognition and enforcement of third-country resolution proceedings is not governed by that agreement.

(2) Where there is a European resolution college established in accordance with regulation 89, the Resolution Committee shall, together with the relevant European resolution authorities, take a joint decision on whether to recognise, except as provided for in regulation 95, third-country resolution proceedings relating to a third-country institution or a parent undertaking that:

(a) has Union subsidiaries established in, or Union branches located in and regarded as significant by, two or more Member States; or

(b) has assets, rights or liabilities located in two or more Member States or are governed by the law of those Member States: Provided that, where the European resolution college reaches a joint decision on the recognition of the third-country resolution proceedings, the Resolution Committee shall seek the enforcement of the recognised third-country resolution proceedings.

(3) In the absence of a joint decision of the European resolution college, or in the absence of a European resolution college, the Resolution Committee, where relevant, shall make its own decision on whether to recognise and enforce, except as provided for in regulation 95, third-country resolution proceedings relating to a third-country institution or a parent undertaking: Provided that the decision shall give due consideration to the interests of Malta where a third-country institution or parent undertaking operates, and in particular to the potential impact of the recognition and enforcement of the third-country resolution proceedings on the other parts of the group and the financial stability in those Member States.

(4) The Resolution Committee shall be empowered, as a minimum, to do the following:

(a) exercise the resolution powers in relation to the following:

(i) assets of a third-country institution or parent undertaking that are located in Malta or governed by the laws of Malta;

(ii) rights or liabilities of a third-country institution that are booked by the Union branch in Malta or governed by the laws of Malta, or where claims in relation to such rights and liabilities are enforceable in Malta;

(b) perfect, including to require another person to take action to perfect, a transfer of shares or other instruments of ownership in a Union subsidiary established in Malta;

(c) exercise the powers in regulations 69, 70 or 71 in relation to the rights of any party to a contract with an entity referred to in sub-regulation (2), where such powers are necessary in order to enforce third-country resolution proceedings; and

(d) render unenforceable any right to terminate, liquidate or accelerate contracts, or affect the contractual rights, of entities referred to in sub-regulation (2) and other group entities, where such a right arises from resolution action taken in respect of the third-country institution, parent undertaking of such entities or other group entities, whether by the third-country resolution authority itself or otherwise pursuant to legal or regulatory requirements as to resolution arrangements in that country, provided that the substantive obligations under the contract, including payment and delivery obligations, and provision of collateral, continue to be performed.

(5) The Resolution Committee may take, where necessary in the public interest, resolution action with respect to a parent undertaking where the relevant third-country authority determines that an institution that is incorporated in that third country meets the conditions for resolution under the law of that third country. To that end, the Resolution Committee may use any resolution power in respect of that parent undertaking, and regulation 68 shall apply.

(6) The recognition and enforcement of third-country resolution proceedings shall be without prejudice to any normal insolvency proceedings under Maltese law applicable, where appropriate, in accordance with these regulations.