+Article 82 Specific provisions
---+Article 82 1
---+Article 82 2
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Article 82 Specific provisions
1. Przegląd
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Regulacja |
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Article 82 1
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1. Member States shall ensure that their laws, regulations and administrative provisions provide for penalties and other administrative measures at least in respect of the following situations:
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(a)
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failure to draw up, maintain and update recovery plans, in breach of Article 9;
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(b)
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failure to provide all the information necessary for the development of resolution plans, in breach of Article 13; and
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(c)
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failure of the CCP to notify the competent authority when the CCP is failing or likely to fail, in breach of Article 70(1).
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Article 82 2
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2. Member States shall ensure that, in the cases referred to in paragraph 1, the administrative penalties and other administrative measures that can be applied include at least the following:
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(a)
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a public statement which indicates the natural person, CCP, or other legal person responsible and the nature of the infringement;
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(b)
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an order requiring the natural or legal person responsible to cease the conduct and to desist from a repetition of that conduct;
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(c)
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a temporary ban against the members of the senior management of the CCP or any other natural person, who is held responsible, to exercise functions in a CCP;
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(d)
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in the case of a legal person, administrative fines of up to 10 % of the total annual turnover of that legal person in the preceding business year. Where the legal person is a subsidiary of a parent undertaking, the relevant turnover shall be the turnover resulting from the consolidated accounts of the ultimate parent undertaking in the preceding business year;
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(e)
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in the case of a natural person, administrative fines of up to EUR 5 000 000, or in the Member States where the euro is not the official currency, the corresponding value in the national currency on 11 February 2021; and
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(f)
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administrative fines of up to twice the amount of the benefit derived from the infringement where that benefit can be determined.
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1.1 Odwołania
1.2 Zidentyfikowane wymagania
1.3 Powiązane normy
2. Zidentyfikowane wymagania
Wymagania
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Wymaganie |
3. Powiązane normy
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