12. In relation to measures that restrict or prevent the development or sale of new business lines …

In relation to measures that restrict or prevent the development or sale of new business lines or products pursuant to point (f) of Article 17(5) of Directive 2014/59/EU, the following specifications apply:

• (a) Resolution authorities should consider applying restrictions to products that are structured in a way that impairs the use of resolution tools, or with the purpose of circumventing their application.
• (b) Authorities should consider restricting or preventing the development or sale of products governed by third country law or instruments issued from entities in a foreign jurisdiction, for example a third country branch or special purpose entity, if the third country law does not give effect to the use of resolution powers envisaged by the resolution strategy or does not make them effectively enforceable, or if the sale of these products is likely to have significant adverse effects on the use or implementation of resolution powers. Under these conditions, authorities should also consider restricting sales to investors in foreign jurisdictions, where the holding of products by these investors potentially results in legal action against the resolution authority.
• (c) Authorities should consider requiring institutions to restrict the development or sale of products if, as a result of the complexity of these products, the assessment of obligations of the institution by the resolution authority is impaired or the valuation pursuant to Article 36 of Directive 2014/59/EU is significantly impeded.

1. Ülevaade

1.1 Viited

1.2 Tuvastatud nõuded

1.3 Seotud standardid

2. Tuvastatud nõuded

3. Seotud standardid

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