2. Kapitalposition

According to Article 32(4)(a) of Directive 2014/59/EU, an institution shall be considered as failing or likely to fail when it infringes, or in the near future is likely to infringe, the requirements for the continuing authorisation in a way that would justify the withdrawal of its authorisation by the competent authority pursuant to Article 18 of Directive 2013/36/EU.

For the purpose of the above, the competent and/or the resolution authority should consider among other things whether there are serious weaknesses in the institution’s governance arrangements, as well as in its operational capacity, and whether these weaknesses have material impact on the institution’s reliability and capacity to provide banking/investment services.

4.1. Governance arrangements

4.2. Operational capacity to provide regulated activities