10. With respect to compliance with the liquidity requirements of Directive 2013/36/EU, including …

With respect to compliance with the liquidity requirements of Directive 2013/36/EU, including Article 105 of Directive 2013/36/EU, providing entities and competent authorities should apply the following:

• (a) The providing entity should either submit to the competent authority a reasoned statement that the institution meets the applicable liquidity requirements and that the provision of the support would not result in a liquidity outflow such that applicable liquidity requirements under Articles 86 and 105 of Directive 2013/36/EU would not be met, or the providing entity should apply for authorisation of non-compliance with these requirements.
• (b) If the providing entity does not meet applicable liquidity requirements or the provision of the support would result in a liquidity outflow such that applicable liquidity requirements under Articles 86 and 105 of Directive 2013/36/EU are no longer met, the competent authority should decide whether to authorise the provision despite this non-compliance. In this situation, the institutions should submit a plan for eliminating the non-compliance to the competent authority.
• (c) When assessing whether to authorise the provision of support despite non-compliance with the abovementioned requirements, the competent authority should take into account the following:
• i) the period of time during which the providing entity does not comply with the relevant liquidity limits;
• ii) the significance of the non-compliance;
• iii) the providing entity’s plan for eliminating the non-compliance;
• iv) the best interest of the providing entity, including indirect benefits resulting from the stabilisation of the group as a whole; and
• v) the risks and benefits of the authorisation for financial stability.
• (d) Without prejudice to points (a), (b) and (c) above, if the providing entity is a subsidiary of the receiving entity, or the providing entity and the receiving entity are subsidiaries of the same group entity, the competent authority, when assessing whether to authorise the provision despite non-compliance, should also take into account whether the provision of the financial support is necessary to prevent
• i) the failure of the receiving entity, which would otherwise be likely;
• ii) the destabilisation of the group as a whole resulting from this failure, including indirect benefits resulting from the stabilisation of the group as a whole; and
• iii) adverse effects on financial stability resulting from the destabilisation of the group.

The competent authority should take into account information provided by the competent authority responsible for the receiving entity.

• (e) If the competent authority for the providing entity authorises the provision despite non-compliance with any of these liquidity requirements, it should specify the maximum duration and the conditions of the authorisation despite non-compliance in its decision.
• (f) Points (a) to (e) above are without prejudice to any waiver of liquidity requirements pursuant to Article 8 of Regulation (EU) No 575/2013.

1. Forbhreathnú

1.1 Tagairtí

• Airteagal 8 Maolú ar chur chun feidhme ceanglas leachtachta ar bhonn aonair

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

3. Caighdeáin ghaolmhara

• EBA - Published by the European Banking Authority at https://www.eba.europa.eu/