+3. Appropriateness of the reorganisation strategy and measures

3. Appropriateness of the reorganisation strategy and measures

3.1 The information provided in the business reorganisation plan and its underlying assumptions regarding the causes that have triggered the resolution and the reorganisation strategy should be consistent with the assessment carried out by the resolution authority and the competent authority and the valuation that informed the determination of whether the conditions for resolution were met in accordance with Article 36(4)(a) of Directive 2014/59/EU.

3.2 Any analysis of the external operating environment included in the business reorganisation plan should be consistent with the analysis of opportunities and threats in the relevant markets, as determined by the resolution authority and competent authority when carrying out their tasks.

3.3 The business reorganisation plan should be feasible and realistic. In particular:

3.3.1 any internal and governance measures should be carried out taking into account potential implementation impediments, such as labour law or other contractual requirements;

3.3.2 the reorganisation strategy, measures, milestones and performance indicators contained in the business reorganisation plan should take into account the interdependencies between the legal entities and business lines in the group. These might include commercial, funding and operational interdependencies;

3.3.3 the reorganisation strategy, the individual measures, the milestones and the performance indicators contained in the business reorganisation plan should take into account the situation in the relevant markets; 3.3.4 any divestment of assets, entities or business lines envisaged by the business reorganisation plan should be tailored to the situation in the relevant markets. The timing and scope of such divestments should also take into account the interest and possibility of investors acquiring them;

3.3.5 the benchmark or valuation used to calculate any expected proceeds from divestment of assets, entities or business lines envisaged by the business reorganisation plan should be prudent, reliable and realistic.

3.4 The reorganisation period should be as short as possible, taking into account:

3.4.1 the need to allow sufficient time to implement the reorganisation strategy and measures in the most effective way, in order to restore long-term viability;

3.4.2 standards and practice in the relevant markets;

3.4.3 the need to maintain financial stability.

1. Pregled

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Naslov Regulativa

1.1 Sklici

1.2 Ugotovljene zahteve

1.3 Povezani standardi

2. Ugotovljene zahteve

Zahteve
Vir Zahteva

3. Povezani standardi

Standardi
Vir Zahteva
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