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+Article 45f 4. |
Article 45f 4.The resolution authority of a subsidiary that is not a resolution entity may also waive the application of this Article to that subsidiary where:
(a)
both the subsidiary and its parent undertaking are established in the same Member State and are part of the same resolution group;
(b)
the parent undertaking complies on a consolidated basis with the requirement referred to in Article 45(1) in that Member State;
(c)
there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities by the parent undertaking to the subsidiary in respect of which a determination has been made in accordance with Article 59(3), in particular where resolution action or powers referred to in Article 59(1) are taken in respect of the parent undertaking;
(d)
the parent undertaking satisfies the competent authority regarding the prudent management of the subsidiary and has declared, with the consent of the competent authority, that it guarantees the commitments entered into by the subsidiary, or the risks in the subsidiary are of no significance;
(e)
the risk evaluation, measurement and control procedures of the parent undertaking cover the subsidiary;
(f)
the parent undertaking holds more than 50 % of the voting rights attached to shares in the capital of the subsidiary or has the right to appoint or remove a majority of the members of the management body of the subsidiary. 1. Übersicht
1.1 Referenzen1.2 Identifizierte Anforderungen1.3 Zugehörige Standards2. Identifizierte Anforderungen
3. Zugehörige Standards
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