+5. Operational transfer
---+50. Defining the transfer perimeter is only one step of the implementation of the transfer tool. …
---+51. When AST and BI are the resolution tools foreseen in the resolution strategy, resolution …
---+5.1 Sale preparation
------+52. Resolution authorities should lay down in the resolution plans or in any supporting …
------+53. In order to ensure the feasibility/credibility of the SoB as a resolution tool, the resolution …
------+54. Although the sale strategy will depend on the definition of the transfer perimeter …
------+55. While defining a timeline in line with Article 10(7), points (d) and (j), of Directive …
------+56. Resolution authorities should identify the approvals or consents that would not fall under the …
------+57. For cross border groups, cross border transfer perimeter or for cross border transactions …
------+58. Resolution authorities should ensure that their sale process is applicable under at least two …
------+59. The resolution authority should be prepared to perform, as soon as possible and no later than …
------+60. The sale process should provide for a smooth execution over the resolution weekend of an …
------+61. For a Strategic SoB, resolution authorities should be able to update the list of criteria for …
------+62. Resolution authorities should prepare for the request of external assistance (including …
------+63. The resolvability assessment as referred to in section C in the Annex of Directive 2014/59/EU …
------+64. When requested to demonstrate how they can segregate distressed assets, institutions should …
------+65. When relevant, institutions should also demonstrate their capabilities to create legal entities …
---+5.2 Arrangements to ensure a smooth separation
------+66. In line with Article 67(1), point (a), of Directive 2014/59/EU, institutions should assess …
------+67. Institutions should assess to what extent contractual features could be amended in order to …
------+68. Institutions should support resolution authorities in identifying any change in the article of …
------+69. When the continuity of the transfer perimeter necessitates access to currencies or continuity …
------+70. Institutions should support the resolution authorities to identify the role of the solidarity …
------+71. In the case of a partial transfer either to different acquirers (such as an AMC and a BI) or to …
------+72. [Shared Service Company] Resolution authorities should assess whether the current service …
------+73. [FMI contingency plans] In addition to the guidance referred to in section 4.1.2 (and …
---+5.3 Execution of side processes
------+74. The sale of the transfer perimeter will require additional actions in addition to the …
------+75. Institutions should develop internal processes and preparatory measures in order to make the …
------+76. [Balance sheet adjustment] The transfer will be combined with the application of write down and …
------+77. Should institutions subject to resolution be continued, they should be able to support the …
------+78. [Legal review] Institutions should perform a legal review of the contracts mapped to the …
------+79. [Transfer perimeter implementation] Institutions should develop a process in order to implement …
------+80. [Identification of tax implications] The institution should identify and estimate all the tax …
------+81. [Service continuity] Institutions should include in their transfer playbooks transition plans …
------+82. [Business plan] Institutions should draw up and submit business plans or the likes if required …
------+83. Resolution authorities should define processes in order to implement the transfer smoothly in …
---+5.4 MIS capabilities
------+84. Institutions should be able to submit timely and accurate information to resolution authorities …
------+85. In accordance with the principle of proportionality and to support the processes referred to in …
------+86. Institutions should support the identification of the transfer perimeter with information on …
------+87. Resolution authorities should develop expectations in terms of data regarding the transfer and …
------+88. In the case of the AST, institutions should develop capabilities to perform a diagnostic …
------+89. Institutions, in line with section 4.2 of these guidelines, should also be able to identify: - …
------+90. In transfer playbooks, institutions should explain how they can swiftly set up a virtual data …
------+91. Institutions are to develop arrangements supporting the production of business plans, which …
------+92. Institutions should demonstrate how the separation, supporting the operational execution of the …
------+93. MIS should be flexible enough to allow for adjustments to the transferred perimeter post …
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5. Operational transfer
5. Operational transfer
1. Overview
| Summary |
Regulation |
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50. Defining the transfer perimeter is only one step of the implementation of the transfer tool. …
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Defining the transfer perimeter is only one step of the implementation of the transfer tool. Preparing for the operational transfer should be a key element of the resolvability assessment for transfer strategies. In this regard, resolution authorities and institutions should have arrangements in place in order to prepare for the sale of the transfer perimeter as defined in section 4 and, in this vein: - a. Resolution authorities should develop a sale process (section 5.1.1) to support the SoB, and investigate additional preparatory measures (section 5.1.2) to support the execution of the transfer tools.
- b. Both institutions and resolution authorities should develop capabilities to solve separability conflicts identified under section 4.2 and to implement the transfer in a timely manner (section 5.2).
- c. Institutions should establish processes to handle the operational consequences of the transfer and should demonstrate to resolution authorities how reliable these processes are (section 5.3).
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51. When AST and BI are the resolution tools foreseen in the resolution strategy, resolution …
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When AST and BI are the resolution tools foreseen in the resolution strategy, resolution authorities should have processes in place in order to respectively set up an AMC as per Article 42 of Directive 2014/59/EU and a bridge institution as per Article 41 of Directive 2014/59/EU, within an adequate timeline.
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5.1 Sale preparation
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5.1.1 Preparation of the sale process
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5.2 Arrangements to ensure a smooth separation
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5.2.1 Legal aspects
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5.3 Execution of side processes
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5.3 Execution of side processes
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5.4 MIS capabilities
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5.4 MIS capabilities
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1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
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