+SECTION II Assessment of resolvability
---+Article 23 Stages of assessment
------+Article 23 1.
------+Article 23 2.
------+Article 23 3.
------+Article 23 4.
------+Article 23 5.
------+Article 23 6.
------+Article 23 7.
---+Article 24 Feasibility and credibility of liquidation under normal insolvency proceedings
------+Article 24 1.
------+Article 24 2.
------+Article 24 3.
------+Article 24 4.
---+Article 25 Identification of a resolution strategy
------+Article 25 1.
------+Article 25 2.
------+Article 25 3.
------+Article 25 4.
------+Article 25 5.
---+Article 26 Assessment of feasibility of a resolution strategy
------+Article 26 1.
------+Article 26 2.
------+Article 26 3.
---+Article 27 Assessment of feasibility: structure and operations
---+Article 28 Assessment of feasibility: financial resources
---+Article 29 Assessment of feasibility: information
---+Article 30 Assessment of feasibility: cross-border issues
---+Article 31 Assessment of feasibility: other potential impediments
---+Article 32 Assessment of credibility of a resolution strategy
------+Article 32 1.
------+Article 32 2.
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SECTION II Assessment of resolvability
SECTION II Assessment of resolvability
1. Ħarsa ġenerali
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Regolamentazzjoni |
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Article 23 Stages of assessment
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Article 24 Feasibility and credibility of liquidation under normal insolvency proceedings
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Article 25 Identification of a resolution strategy
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Article 26 Assessment of feasibility of a resolution strategy
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Article 27 Assessment of feasibility: structure and operations
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Article 27
Assessment of feasibility: structure and operations
Resolution authorities shall consider at least the following issues in assessing whether there are potential impediments to resolution related to the structure and operations of the institution or group:
(1)
matters addressed in points 1 to 7, 16, 18 and 19 of Section C of the Annex to Directive 2014/59/EU;
(2)
dependencies of material entities and core business lines on infrastructure, information technology, treasury or finance functions, employees or other critical shared services;
(3)
whether governance, control, and risk management arrangements are consistent with any planned changes to the structure of the institution or group;
(4)
whether the legal and franchise structure of the institution or group is consistent with any planned changes to the business structure of the institution or group;
(5)
whether appropriate resolution tools are available with respect to each legal entity as required to deliver the resolution strategy.
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Article 28 Assessment of feasibility: financial resources
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Article 28
Assessment of feasibility: financial resources
Resolution authorities shall consider at least the following issues in assessing whether there are potential impediments to resolution related to financial resources:
(1)
matters addressed in points 13, 14, 15 and 17 of Section C of the Annex to Directive 2014/59/EU;
(2)
the need to identify and quantify the amount of any liabilities which are likely under the preferred resolution strategy not to contributing to loss absorption or recapitalisation, considering at a minimum the following factors:
(iii)
the types of holders of the instrument, or the instrument's transferability;
(iv)
legal impediments to loss absorbency such as lack of recognition of resolution tools under foreign law or existence of set-off rights;
(v)
other factors creating risk that the liabilities would be exempted from absorbing losses in resolution;
(vi)
the amount and issuing legal entities of qualifying eligible liabilities or other liabilities which would absorb losses;
(3)
the size of funding needs in the run-up to and during resolution, the availability of sources of funding, and impediments to the transfer of funds as required within the institution or group;
(4)
whether appropriate arrangements are specified for losses to be transferred to legal entities to which resolution tools would be applied from other group companies, including where relevant an assessment of the amount and loss-absorbency of intragroup funding.
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Article 29 Assessment of feasibility: information
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Article 29
Assessment of feasibility: information
Resolution authorities shall consider at least the following issues in assessing whether there are potential impediments to resolution related to information:
(1)
matters addressed in points 8 to 12 of Section C of the Annex to Directive 2014/59/EU;
(2)
the capability of the institution or group to provide information on the amount, and location within the group, of assets which would be expected to qualify as collateral for central bank facilities;
(3)
the capability of the institution or group to provide information to carry out a valuation to determine the amount of write-down or recapitalisation required.
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Article 30 Assessment of feasibility: cross-border issues
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Article 30
Assessment of feasibility: cross-border issues
Resolution authorities shall consider at least the following issues in assessing whether there are potential impediments to resolution related to cross-border issues:
(1)
matters addressed in point 20 of Section C of the Annex to Directive 2014/59/EU;
(2)
existence of adequate processes for coordination and communication and assurances on actions to be taken between home and host authorities, including in third countries, to enable delivery of the resolution strategy;
(3)
whether law in relevant home and host jurisdictions overrides contractual termination rights in financial contracts that are triggered solely by the failure and resolution of an affiliated company.
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Article 31 Assessment of feasibility: other potential impediments
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Article 31
Assessment of feasibility: other potential impediments
The following legal issues shall be considered in assessing potential impediments to resolution:
(1)
whether requirements for regulatory approvals or authorisations necessary to deliver the resolution strategy can be met in a timely manner;
(2)
whether significant contractual documentation permits termination of contracts on entry into resolution;
(3)
whether contractual obligations which cannot be disapplied by the resolution authority prohibit any transfer of assets and/or liabilities envisaged in the resolution strategy.
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Article 32 Assessment of credibility of a resolution strategy
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1.1 Referenzi
1.2 Rekwiżiti identifikati
1.3 Standards relatati
2. Rekwiżiti identifikati
3. Standards relatati
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