Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014... (32014L0059)
INHALT
Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council Text with EEA relevance
- DIRECTIVE 2014/59/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- of 15 May 2014
- establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council
- (Text with EEA relevance)
- TITLE I
- SCOPE, DEFINITIONS AND AUTHORITIES
- Article 1
- Subject matter and scope
- Article 2
- Definitions
- Article 3
- Designation of authorities responsible for resolution
- TITLE II
- PREPARATION
- CHAPTER I
- Recovery and resolution planning
- Section 1
- General provisions
- Article 4
- Simplified obligations for certain institutions
- Section 2
- Recovery planning
- Article 5
- Recovery plans
- Article 6
- Assessment of recovery plans
- Article 7
- Group recovery plans
- Article 8
- Assessment of group recovery plans
- Article 9
- Recovery Plan Indicators
- Section 3
- Resolution planning
- Article 10
- Resolution plans
- Article 11
- Information for the purpose of resolution plans and cooperation from the institution
- Article 12
- Group resolution plans
- Article 13
- Requirement and procedure for group resolution plans
- Article 14
- Transmission of resolution plans to the competent authorities
- CHAPTER II
- Resolvability
- Article 15
- Assessment of resolvability for institutions
- Article 16
- Assessment of resolvability for groups
- Article 17
- Powers to address or remove impediments to resolvability
- Article 18
- Powers to address or remove impediments to resolvability: group treatment
- CHAPTER III
- Intra group financial support
- Article 19
- Group financial support agreement
- Article 20
- Review of proposed agreement by competent authorities and mediation
- Article 21
- Approval of proposed agreement by shareholders
- Article 22
- Transmission of the group financial support agreements to resolution authorities
- Article 23
- Conditions for group financial support
- Article 24
- Decision to provide financial support
- Article 25
- Right of opposition of competent authorities
- Article 26
- Disclosure
- TITLE III
- EARLY INTERVENTION
- Article 27
- Early intervention measures
- Article 28
- Removal of senior management and management body
- Article 29
- Temporary administrator
- Article 30
- Coordination of early intervention measures and appointment of temporary administrator in relation to groups
- TITLE IV
- RESOLUTION
- CHAPTER I
- Objectives, conditions and general principles
- Article 31
- Resolution objectives
- Article 32
- Conditions for resolution
- Article 33
- Conditions for resolution with regard to financial institutions and holding companies
- Article 34
- General principles governing resolution
- CHAPTER II
- Special management
- Article 35
- Special management
- CHAPTER III
- Valuation
- Article 36
- Valuation for the purposes of resolution
- CHAPTER IV
- Resolution tools
- Section 1
- General principles
- Article 37
- General principles of resolution tools
- Section 2
- The sale of business tool
- Article 38
- The sale of business tool
- Article 39
- Sale of business tool: procedural requirements
- Section 3
- The bridge institution tool
- Article 40
- Bridge institution tool
- Article 41
- Operation of a bridge institution
- Section 4
- The asset separation tool
- Article 42
- Asset separation tool
- Section 5
- The bail-in tool
- Subsection 1
- Objective and scope of the bail-in tool
- Article 43
- The bail-in tool
- Article 44
- Scope of bail-in tool
- Subsection 2
- Minimum requirement for own funds and eligible liabilities
- Article 45
- Application of the minimum requirement
- Subsection 3
- Implementation of the bail-in tool
- Article 46
- Assessment of amount of bail-in
- Article 47
- Treatment of shareholders in bail-in or write down or conversion of capital instruments
- Article 48
- Sequence of write down and conversion
- Article 49
- Derivatives
- Article 50
- Rate of conversion of debt to equity
- Article 51
- Recovery and reorganisation measures to accompany bail-in
- Article 52
- Business reorganisation plan
- Subsection 4
- Bail-in tool: ancillary provisions
- Article 53
- Effect of bail-in
- Article 54
- Removal of procedural impediments to bail-in
- Article 55
- Contractual recognition of bail-in
- Article 56
- Government financial stabilisation tools
- Article 57
- Public equity support tool
- Article 58
- Temporary public ownership tool
- CHAPTER V
- Write down of capital instruments
- Article 59
- Requirement to write down or convert capital instruments
- Article 60
- Provisions governing the write down or conversion of capital instruments
- Article 61
- Authorities responsible for determination
- Article 62
- Consolidated application: procedure for determination
- CHAPTER VI
- Resolution powers
- Article 63
- General powers
- Article 64
- Ancillary powers
- Article 65
- Power to require the provision of services and facilities
- Article 66
- Power to enforce crisis management measures or crisis prevention measures by other Member States
- Article 67
- Power in respect of assets, rights, liabilities, shares and other instruments of ownership located in third countries
- Article 68
- Exclusion of certain contractual terms in early intervention and resolution
- Article 69
- Power to suspend certain obligations
- Article 70
- Power to restrict the enforcement of security interests
- Article 71
- Power to temporarily suspend termination rights
- Article 72
- Exercise of the resolution powers
- 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 75
- Safeguard for shareholders and creditors
- 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
- CHAPTER VIII
- Procedural obligations
- Article 81
- Notification requirements
- Article 82
- Decision of the resolution authority
- Article 83
- Procedural obligations of resolution authorities
- Article 84
- Confidentiality
- CHAPTER IX
- Right of appeal and exclusion of other actions
- Article 85
- Ex-ante judicial approval and rights to challenge decisions
- Article 86
- Restrictions on other proceedings
- TITLE V
- CROSS-BORDER GROUP RESOLUTION
- Article 87
- General principles regarding decision-making involving more than one Member State
- Article 88
- Resolution colleges
- Article 89
- European resolution colleges
- Article 90
- Information exchange
- Article 91
- Group resolution involving a subsidiary of the group
- Article 92
- Group resolution
- TITLE VI
- RELATIONS WITH THIRD COUNTRIES
- Article 93
- Agreements with third countries
- Article 94
- Recognition and enforcement of third-country resolution proceedings
- Article 95
- Right to refuse recognition or enforcement of third-country resolution proceedings
- Article 96
- Resolution of Union branches
- Article 97
- Cooperation with third-country authorities
- Article 98
- Exchange of confidential information
- TITLE VII
- FINANCING ARRANGEMENTS
- Article 99
- European system of financing arrangements
- Article 100
- Requirement to establish resolution financing arrangements
- Article 101
- Use of the resolution financing arrangements
- Article 102
- Target level
- Article 103
- Ex-ante contributions
- Article 104
- Extraordinary ex-post contributions
- Article 105
- Alternative funding means
- Article 106
- Borrowing between financing arrangements
- Article 107
- Mutualisation of national financing arrangements in the case of a group resolution
- Article 108
- Ranking of deposits in insolvency hierarchy
- Article 109
- Use of deposit guarantee schemes in the context of resolution
- TITLE VIII
- PENALTIES
- Article 110
- Administrative penalties and other administrative measures
- Article 111
- Specific provisions
- Article 112
- Publication of administrative penalties
- Article 113
- Maintenance of central database by EBA
- Article 114
- Effective application of penalties and exercise of powers to impose penalties by competent authorities and resolution authorities
- TITLE IX
- POWERS OF EXECUTION
- Article 115
- Exercise of the delegation
- TITLE X
- AMENDMENTS TO DIRECTIVES 82/891/EEC, 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU AND 2013/36/EU AND TO REGULATIONS (EU) NO 1093/2010 AND (EU) NO 648/2012
- Article 116
- Amendment to Directive 82/891/EEC
- Article 117
- Amendments to Directive 2001/24/EC
- ‘Article 2
- Definitions
- ‘Article 25
- Netting agreements
- ‘Article 26
- Repurchase agreements
- Article 118
- Amendment to Directive 2002/47/EC
- ‘Article 9a
- Directives 2008/48/EC and 2014/59/EU
- Article 119
- Amendment to Directive 2004/25/EC
- Article 120
- Amendment to Directive 2005/56/EC
- Article 121
- Amendments to Directive 2007/36/EC
- Article 122
- Amendment to Directive 2011/35/EU
- Article 123
- Amendment to Directive 2012/30/EU
- Article 124
- Amendment to Directive 2013/36/EU
- Article 125
- Amendment to Regulation (EU) No 1093/2010
- Article 126
- Amendment to Regulation (EU) No 648/2012
- TITLE XI
- FINAL PROVISIONS
- Article 127
- EBA Resolution Committee
- Article 128
- Cooperation with EBA
- Article 129
- Review
- Article 130
- Transposition
- Article 131
- Entry into force
- Article 132
- Addressees
- ANNEX
- SECTION A
- Information to be included in recovery plans
- SECTION B
- Information that resolution authorities may request institutions to provide for the purposes of drawing up and maintaining resolution plans
- SECTION C
- Matters that the resolution authority is to consider when assessing the resolvability of an institution or group
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