48. In order to support resolution authorities in their assessment under the previous paragraph …

In order to support resolution authorities in their assessment under the previous paragraph, institutions, based on the legal characteristics of the elements of the transfer perimeter, should analyse, and inform resolution authorities about, the feasibility/credibility of:

• - a confirmatory agreement signed by the institution subject to resolution recognizing the transfer to the acquirer (either the buyer, the bridge institution or the asset management company) attesting the transfer in the terms and conditions settled by the resolution authority (in line with Article 67(1), point (a), of Directive 2014/59/EU);
• - resolution-resilient clauses in the contracts to recognise and inform the counterparty that the contract may be subject to the exercise of resolution powers (in line with Article 67(1), point (a), of Directive 2014/59/EU);
• - the transfer of the items governed by third country law to an ad hoc entity (such as a special purpose vehicle) under the domestic governing law and to have the entity ownership instruments transferred as part of the transfer perimeter.

1. Overview

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

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