Afsnit III – Proces for konstatering af, at et institut er nødlidende eller forventeligt nødlidende

When the resolution authority is entrusted to make the determination whether an institution is failing or likely to fail, it should consider the objective elements provided in Title II of these Guidelines in relation to the institution’s capital position, liquidity position and other aspects with respect to the requirements for continuing authorisation based on the information that the resolution authority has at its disposal.

The objective elements listed in Title II of these Guidelines should be also taken into account when reviewing the relevant outcomes of SREP performed by the competent authority that are provided to the resolution authority under paragraph 40.

While making a determination that an institution is failing or likely to fail the resolution authority should also consider as an objective element the notification received from the competent authority stating that an overall SREP score of ‘4’ was assigned to an institution based on the considerations stipulated in the SREP Guidelines; and that the institution has failed to comply with supervisory measures applied in accordance with Articles 104 and 105 of Directive 2013/36/EU or early intervention measures, applied in accordance with Article 27(1) of Directive 2014/59/EU.