+CHAPTER VII Safeguards
---+Article 73 Treatment of shareholders and creditors in the case of partial transfers and application of the bail-in tool
---+Article 74 Valuation of difference in treatment
------+Article 74 1.
------+Article 74 2.
------+Article 74 3.
------+Article 74 4.
---+Article 75 Safeguard for shareholders and creditors
---+Article 76 Safeguard for counterparties in partial transfers
------+Article 76 1.
------+Article 76 2.
------+Article 76 3.
------+Article 76 4.
---+Article 77 Protection for financial collateral, set off and netting agreements
------+Article 77 1.
------+Article 77 2.
---+Article 78 Protection for security arrangements
------+Article 78 1.
------+Article 78 2.
---+Article 79 Protection for structured finance arrangements and covered bonds
------+Article 79 1.
------+Article 79 2.
---+Article 80 Partial transfers: protection of trading, clearing and settlement systems
------+Article 80 1.
------+Article 80 2.

CHAPTER VII Safeguards

CHAPTER VII Safeguards

1. Przegląd

,
Tytuł Regulacja
Article 73 Treatment of shareholders and creditors in the case of partial transfers and application of the bail-in tool

Article 73

Treatment of shareholders and creditors in the case of partial transfers and application of the bail-in tool

Member States shall ensure that, where one or more resolution tools have been applied and, in particular for the purposes of Article 75:

(a) 

except where point (b) applies, where resolution authorities transfer only parts of the rights, assets and liabilities of the institution under resolution, the shareholders and those creditors whose claims have not been transferred, receive in satisfaction of their claims at least as much as what they would have received if the institution under resolution had been wound up under normal insolvency proceedings at the time when the decision referred to in Article 82 was taken;

(b) 

where resolution authorities apply the bail-in tool, the shareholders and creditors whose claims have been written down or converted to equity do not incur greater losses than they would have incurred if the institution under resolution had been wound up under normal insolvency proceedings immediately at the time when the decision referred to in Article 82 was taken.

Article 74 Valuation of difference in treatment
Article 75 Safeguard for shareholders and creditors

Article 75

Safeguard for shareholders and creditors

Member States shall ensure that if the valuation carried out under Article 74 determines that any shareholder or creditor referred to in Article 73, or the deposit guarantee scheme in accordance with Article 109(1), has incurred greater losses than it would have incurred in a winding up under normal insolvency proceedings, it is entitled to the payment of the difference from the resolution financing arrangements.

Article 76 Safeguard for counterparties in partial transfers
Article 77 Protection for financial collateral, set off and netting agreements
Article 78 Protection for security arrangements
Article 79 Protection for structured finance arrangements and covered bonds
Article 80 Partial transfers: protection of trading, clearing and settlement systems

1.1 Odwołania

1.2 Zidentyfikowane wymagania

1.3 Powiązane normy

2. Zidentyfikowane wymagania

Wymagania
Źródło Wymaganie

3. Powiązane normy

Normy
Źródło Wymaganie