I. – When the preventive resolution plans are drawn up and each time they are updated, the resolution board shall assess the extent to which the persons concerned can either be wound up in accordance with the procedures set out in II of Article L. 613-31-2, or be subject to one or more of the resolution measures mentioned in sub-section 10 of this section, while ensuring the continuity of critical…
I. – Notwithstanding any provision or stipulation to the contrary, the general meeting of any of the persons referred to in I of Article L. 613-34 may delegate to the competent body its authority to decide to issue Tier 1 capital instruments in proportions sufficient to facilitate the implementation of the measures provided for in sub-sections 9 and 10 of this section taken in respect of them or one of…
Without prejudice to the rules on large exposures set out in Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 in Articles L. 511-41 and L. 533-2, the resolution college shall limit the liabilities that credit institutions and investment firms hold that may be used for internal bailout, with the exception of liabilities relating to entities that are part of the same group…
I. – When, at the end of the assessment provided for in I of Article L. 613-41, the resolution board, after obtaining the opinion of the supervisory board, finds that there are significant obstacles to a credit institution or an investment firm being wound up or being subject to resolution measures under the conditions mentioned in I of Article L. 613-41, it shall notify the person concerned, the supervisory board…
I. – Where the College of Resolution is the resolution authority on a consolidated basis, it shall carry out the assessment referred to in I of Article L. 613-41 within the framework of the college of resolution authorities set up pursuant to the second paragraph of I of Article L. 613-40. The assessment shall be drawn up in accordance with the conditions set out in III, IV and V of…
I. – When the consolidated resolution authority of another Member State of the European Union refers a matter to the resolution college in its capacity as resolution authority of a subsidiary in order to carry out the assessment provided for in I of Article L. 613-41, the resolution college shall provide all the cooperation required. It shall carry out this assessment under the conditions laid down in Article L. 613-41….
I.-Credit institutions and investment firms shall at all times comply with a minimum requirement for own funds and eligible commitments. This requirement is expressed as a percentage of 1° Of the total amount of risk exposure of the resolution entity concerned, calculated, for Class 1a credit institutions and investment firms, in accordance with Article 92(3) of Regulation (EU) No 575/2013 and for Class 2 and Class 3 investment firms, in…
The resolution college shall ensure compliance by the persons under its jurisdiction with the requirements set pursuant to Article L. 613-44 in coordination with the supervisory college. Where the resolution college, or the supervisory college, finds that the persons referred to in Article L. 613-34 who are subject to the minimum capital requirement and eligible commitments are not complying with this requirement, it shall remedy the situation by using the…
When the resolution board is informed that a credit institution or investment firm has adopted an early intervention measure as provided for in Article L. 511-41-5, the resolution board may order the institution or investment firm to seek potential buyers in order to prepare for the implementation of a resolution procedure, in compliance with the conditions set out in I of Article L. 613-50-6 and the confidentiality requirements set out…
I. – Provided that the essential obligations of the contract continue to be met, in particular the obligations to pay and deliver financial instruments and the guarantee obligations, the provisions of I and II of Article L. 613-50-4 shall apply in the event of the implementation of a crisis prevention or management measure referred to in Articles L. 511-41-3, L. 511-41-5, L. 612-32, L. 612-33, L. 612-34, L. 612-34-1 and…
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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