Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 9 July 2015

European Union (Bank Recovery and Resolution) Regulations 2015 [S.I. No. 289 of 2015]

Comparing proposed amendment...
Introductory Text
Part 1 Preliminary and General (regs. 1-9)
In force
Regulation 1 Citation and commencement.
In force
Regulation 2 Scope.
In force
Regulation 3 Interpretation.
In force
Regulation 4 Designated resolution authority.
In force
Regulation 5 Funding of resolution authority.
In force
Regulation 6 Bank as resolution authority and competent authority.
In force
Regulation 7 Resolution authority and Bank.
In force
Regulation 8 Designated national macroprudential authority.
In force
Regulation 9 Minister and resolution authority.
Part 2 Preparation (regs. 10-38)
Chapter 1 Recovery and resolution planning (regs. 10-25)
General provision (reg. 10)
In force
Regulation 10 Simplified obligations for certain institutions.
Recovery Planning (regs. 11-16)
In force
Regulation 11 Recovery plans.
In force
Regulation 12 Records of financial contacts.
In force
Regulation 13 Assessment of recovery plans.
In force
Regulation 14 Group recovery plans.
In force
Regulation 15 Assessment of group recovery plans.
In force
Regulation 16 Recovery plan indicators.
Resolution plans (regs. 17-25)
In force
Regulation 17 Resolution plans.
In force
Regulation 18 Contents of resolution plan.
In force
Regulation 19 Maintenance and production of information for purpose of resolution plans.
In force
Regulation 20 Information for purpose of resolution plans and cooperation from institution.
In force
Regulation 21 Resolution plans for institutions that are part of a group.
In force
Regulation 22 Requirement and procedure for group resolution plans.
In force
Regulation 23 Resolution authority as group-level resolution authority.
In force
Regulation 24 Assessment of group resolution plan.
In force
Regulation 25 Transmission of resolution plans by resolution authority.
Chapter 2 Resolvability (regs. 26-29)
In force
Regulation 26 Assessment of resolvability for institutions.
In force
Regulation 27 Assessment of resolvability for groups.
In force
Regulation 27A Power to prohibit certain distributions.
In force
Regulation 28 Powers to address or remove impediments to resolvability.
In force
Regulation 29 Powers to address or remove impediments to resolvability: group treatment.
Chapter 3 Intra-group financial support (regs. 30-38)
In force
Regulation 30 Application of group financial support agreement.
In force
Regulation 31 Group financial support agreement.
In force
Regulation 32 Review of proposed agreement by competent authority and mediation.
In force
Regulation 33 Approval of proposed agreement by shareholders.
In force
Regulation 34 Transmission of group financial support agreements to resolution authority.
In force
Regulation 35 Conditions for group financial support.
In force
Regulation 36 Decision to provide financial support.
In force
Regulation 37 Right of opposition of competent authorities.
In force
Regulation 38 Disclosure.
Part 3 Early intervention (regs. 39-60)
Chapter 1 Early intervention measures (reg. 39)
In force
Regulation 39 Early intervention measures.
Chapter 2 Removal of senior management (regs. 40-45)
In force
Regulation 40 Removal of senior management and management body.
In force
Regulation 41 Suspension notice.
In force
Regulation 42 Time of effect of suspension notice.
In force
Regulation 43 Confirmation of suspension notice.
In force
Regulation 44 Enforcement of suspension notice.
In force
Regulation 45 Court's power to extend validity of suspension notices.
Chapter 3 Appointment of Temporary Administrator (regs. 46-60)
In force
Regulation 46 Interpretation of Chapter.
In force
Regulation 47 Preconditions for making temporary administration order.
In force
Regulation 48 Proposed temporary administration order - written notice.
In force
Regulation 49 Content and form of proposed temporary administration order.
In force
Regulation 50 Procedure for hearing of application for temporary administration order.
In force
Regulation 51 Publication of temporary administration order.
In force
Regulation 52 Application to vary or extend temporary administration order.
In force
Regulation 53 Application to set aside temporary administration order.
In force
Regulation 54 Content of temporary administration order.
In force
Regulation 55 Period of temporary administration order.
In force
Regulation 56 Remuneration, etc., of temporary administrators.
In force
Regulation 57 Resignation, vacancy in office, etc., of temporary administrator.
In force
Regulation 58 Performance of functions of temporary administrator.
In force
Regulation 59 General temporary administrator provisions.
In force
Regulation 60 Coordination of early intervention measures and appointment of temporary administrator in relation to groups.
Part 4 Resolution (regs. 61-150)
Chapter 1 Objectives, conditions and general principles (regs. 61-64)
In force
Regulation 61 Resolution objectives.
In force
Regulation 62 Conditions for resolution.
In force
Regulation 62A Conditions for resolution with regard to a central body and credit institutions permanently affiliated to a central body.
In force
Regulation 62B Insolvency proceedings in respect of institutions and entities that are not subject to resolution action.
In force
Regulation 63 Conditions for resolution with regard to financial institutions and holding companies.
In force
Regulation 63A Power to suspend certain obligations.
In force
Regulation 64 General principles governing resolution.
Chapter 2 Valuation (regs. 65-66)
In force
Regulation 65 Valuation for purposes of resolution.
In force
Regulation 66 Provisional valuation.
Chapter 3 Resolution tools (regs. 67-94)
General provisions (regs. 67-68)
In force
Regulation 67 Application of Central Bank (Supervision and Enforcement) Act 2013.
In force
Regulation 68 General principles of resolution tools.
The sale of business tool (regs. 69-70)
In force
Regulation 69 Sale of business tool.
In force
Regulation 70 Sale of business tool: procedural requirements.
The bridge institution tool (regs. 71-73)
In force
Regulation 71 Bridge institution tool.
In force
Regulation 72 Requirements of bridge institution.
In force
Regulation 73 Operation of bridge institution.
The asset separation tool (reg. 74)
In force
Regulation 74 Asset separation tool.
Sale of business, bridge institution and asset separation tools: ancillary provisions (regs. 75-78)
In force
Regulation 75 Effect of transfer by resolution order - general.
In force
Regulation 76 Effect of transfer by resolution order in relation to securities.
In force
Regulation 77 Application of Bankers' Books Evidence Acts 1879 to 1989.
In force
Regulation 78 Stamp duty.
The bail-in tool Objective and scope of bail-in tool (regs. 79-80O)
In force
Regulation 79 Bail-in tool.
In force
Regulation 80 Scope of bail-in tool.
In force
Regulation 80A Selling of subordinated eligible liabilities to retail clients.
In force
Regulation 80B Application and calculation of the minimum requirement for own funds and eligible liabilities.
In force
Regulation 80C Exemption from the minimum requirement for own funds and eligible liabilities.
In force
Regulation 80D Eligible liabilities for resolution entities.
In force
Regulation 80E Determination of minimum requirement for own funds and eligible liabilities.
In force
Regulation 80F Determination of minimum requirement for own funds and eligible liabilities for resolution entities of G-SIIs and Union material subsidiaries of non-EU G-SIIs.
In force
Regulation 80G Application of the minimum requirement for own funds and eligible liabilities to resolution entities.
In force
Regulation 80H Application of the minimum requirement for own funds and eligible liabilities to entities that are not themselves resolution entities.
In force
Regulation 80I Waiver for a central body and credit institutions permanently affiliated to a central body.
In force
Regulation 80J Procedure for determining the minimum requirement for own funds and eligible liabilities.
In force
Regulation 80K Supervisory reporting and public disclosure of the requirement.
In force
Regulation 80L Reporting to European Banking Authority.
In force
Regulation 80M Breaches of the minimum requirement for own funds and eligible liabilities.
In force
Regulation 80N Cooperation by resolution authority with European Banking Authority.
In force
Regulation 80O Transitional and post-resolution arrangements.
The bail-in tool - minimum requirement for own funds and eligible liabilities (regs. 81-84A)
Revoked
Regulation 81 Application of minimum requirement.
Revoked
Regulation 82 Minimum requirement - resolution authority as group-level resolution authority.
Revoked
Regulation 83 Minimum requirement - resolution authority as resolution authority of subsidiary.
Revoked
Regulation 84 Minimum requirement - resolution authority generally.
In force
Regulation 84A Non-application of Regulation 80J to certain entities.
The bail-in tool - implementation of bail-in tool (regs. 85-91)
In force
Regulation 85 Assessment of amount of bail-in.
In force
Regulation 86 Treatment of shareholders in bail-in or write-down or conversion of capital instruments.
In force
Regulation 87 Sequence of write-down and conversion.
In force
Regulation 88 Derivatives.
In force
Regulation 89 Rate of conversion of debt to equity.
In force
Regulation 90 Recovery and reorganisation measures to accompany bail-in.
In force
Regulation 91 Business reorganisation plan.
The bail-in tool - ancillary provisions (regs. 92-94)
In force
Regulation 92 Effect of bail-in.
In force
Regulation 93 Removal of procedural impediments to bail-in.
In force
Regulation 94 Contractual recognition of bail-in.
Chapter 4 Write-down or conversion of capital instruments and eligible liabilities (regs. 95-103)
In force
Regulation 95 Requirement to write down or convert relevant capital instruments and eligible liabilities.
In force
Regulation 96 Provisions governing write-down or conversion of capital instruments.
In force
Regulation 97 Authorities responsible for determination.
In force
Regulation 98 Consolidated application: procedure for determination.
In force
Regulation 99 Proposed capital instruments order.
In force
Regulation 100 Capital instruments order.
In force
Regulation 101 Publication of capital instruments order.
In force
Regulation 102 Application to vary capital instruments order.
In force
Regulation 103 Application to set aside capital instruments order.
Chapter 5 Resolution order procedure (regs. 104-114)
In force
Regulation 104 Proposed resolution order.
In force
Regulation 105 Hearing of application for resolution order - procedure.
In force
Regulation 106 Resolution period.
In force
Regulation 107 Publication of resolution order.
In force
Regulation 108 Application to vary resolution order.
In force
Regulation 109 Application to vary resolution order where recipient is a bridge institution.
In force
Regulation 110 Application to set aside resolution order.
In force
Regulation 111 Powers of Court in making resolution order - general.
In force
Regulation 112 Ancillary powers of Court in making resolution order.
In force
Regulation 113 Rights of shareholders during resolution period.
In force
Regulation 114 Oversight of resolution action during resolution period - general.
Chapter 6 Special management (regs. 115-122)
In force
Regulation 115 Special management - general.
In force
Regulation 116 Publication of appointment of special manager.
In force
Regulation 117 Duties of special manager.
In force
Regulation 118 Oversight by resolution authority of special management.
In force
Regulation 119 Effect of special management.
In force
Regulation 120 Duration of special management.
In force
Regulation 121 Resignation, vacancy in office, remuneration, etc., of special manager.
In force
Regulation 122 Performance of functions of special manager.
Chapter 7 Resolution authority powers (regs. 123-124)
In force
Regulation 123 Powers of resolution authority during resolution period - general.
In force
Regulation 124 Powers of resolution authority under resolution order.
Chapter 8 Resolution powers (regs. 125-131A)
In force
Regulation 125 Power to require the provision of services and facilities.
In force
Regulation 126 Power of another Member State to enforce crisis management measures or crisis prevention measures.
In force
Regulation 127 Assets, rights, liabilities, shares and other instruments of ownership located in third countries.
In force
Regulation 128 Exclusion of certain contractual terms in early intervention and resolution.
In force
Regulation 129 Power to suspend certain obligations.
In force
Regulation 130 Power to restrict enforcement of security interests.
In force
Regulation 131 Power to temporarily suspend termination rights.
In force
Regulation 131A Contractual recognition of resolution stay powers.
Chapter 9 Safeguards (regs. 132-142)
In force
Regulation 132 Treatment of shareholders and creditors in case of partial transfers and application of the bail-in tool.
In force
Regulation 133 Valuation of difference in treatment.
In force
Regulation 134 Safeguard for shareholders and creditors.
In force
Regulation 135 Appeal of valuation under Regulation 133.
In force
Regulation 136 Definitions for Regulations 138 to 142.
In force
Regulation 137 Safeguard for counterparties in partial transfers.
In force
Regulation 138 Protection for financial collateral, set-off and netting agreements.
In force
Regulation 139 Protection for security arrangements.
In force
Regulation 140 Protection for structured finance arrangements and covered bonds.
In force
Regulation 141 Application to set aside partial property transfer or modification of contracts.
In force
Regulation 142 Partial transfers - protection of trading, clearing and settlement systems.
Chapter 10 Procedural obligations (regs. 143-146)
In force
Regulation 143 Notification requirements.
In force
Regulation 144 Decision of resolution authority.
In force
Regulation 145 Procedural obligations of resolution authority.
In force
Regulation 146 Confidentiality.
Chapter 11 Right of appeal and exclusion of other actions (regs. 147-150)
In force
Regulation 147 Restrictions on other proceedings.
In force
Regulation 148 Limitation of judicial review of decision to take crisis management measure.
In force
Regulation 149 Limitation of certain rights of appeal to Court of Appeal.
In force
Regulation 150 Restrictions on remedies.
Part 5 Cross-border group resolution (regs. 151-156A)
In force
Regulation 151 General principles regarding decision-making involving more than one Member State.
In force
Regulation 152 Resolution colleges.
In force
Regulation 153 European resolution colleges.
In force
Regulation 154 Information exchange.
In force
Regulation 155 Group resolution involving a subsidiary of group.
In force
Regulation 156 Group resolution.
In force
Regulation 156A
Part 6 Relations with third countries (regs. 157-162)
In force
Regulation 157 Agreements with third countries.
In force
Regulation 158 Recognition and enforcement of third-country resolution proceedings.
In force
Regulation 159 Right to refuse recognition or enforcement of third-country resolution proceedings.
In force
Regulation 160 Resolution of Union branches.
In force
Regulation 161 Cooperation with third-country authorities.
In force
Regulation 162 Exchange of confidential information.
Part 7 Financing Arrangements (regs. 163-173)
In force
Regulation 163 Requirement to establish resolution financing arrangements.
In force
Regulation 164 Use of Fund.
In force
Regulation 165 Target level.
In force
Regulation 166 Ex-ante contributions.
In force
Regulation 167 Extraordinary ex-post contributions.
In force
Regulation 168 Alternative funding means.
In force
Regulation 169 No liability of resolution authority to Fund.
In force
Regulation 170 Insufficiency in Fund.
In force
Regulation 171 Borrowing between financing arrangements.
In force
Regulation 172 Mutualisation of national financing arrangements in case of a group resolution.
In force
Regulation 173 Use of deposit guarantee schemes in context of resolution.
Part 8 Penalties (regs. 174-177)
In force
Regulation 174 Specific provisions.
In force
Regulation 175 Publication of administrative penalties.
In force
Regulation 176 Maintenance of central database by European Banking Authority.
In force
Regulation 177 Effective application of penalties and exercise of powers to impose penalties by Bank.
Part 9 Criminal Offences (regs. 178-184)
Chapter 1 Criminal offences: general (regs. 178-179)
In force
Regulation 178 Offences by bodies corporate.
In force
Regulation 179 Prosecution by Bank.
Chapter 2 Criminal offences (regs. 180-184)
In force
Regulation 180 Continuation of contravention of Regulation 123(1)(e).
In force
Regulation 181 Provision of false or misleading information.
In force
Regulation 182 Breach of confidentiality.
In force
Regulation 183 Misleading or obstructing valuers, temporary administrators or special managers.
In force
Regulation 184 Criminal offences.
Part 10 Consequential Amendments (regs. 185-193)
Chapter 1 Acts (regs. 185-189)
In force
Regulation 185 Amendment of Central Bank Act 1942.
In force
Regulation 186 Amendment of Irish Takeover Panel Act 1997.
In force
Regulation 187 Amendment of Central Bank and Credit Institutions (Resolution) Act 2011.
In force
Regulation 188 Amendment of Central Bank (Supervision and Enforcement) Act 2013.
In force
Regulation 189 Amendment of Companies Act 2014.
Chapter 2 Statutory Instruments (regs. 190-193)
In force
Regulation 190 Amendment of European Communities (Cross-Border Mergers) Regulations 2008.
In force
Regulation 191 Amendment of European Communities (Financial Collateral Arrangements) Regulations 2010.
In force
Regulation 192 Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011.
In force
Regulation 193 Amendment of European Union (Capital Requirements) Regulations 2014.
Part 11 Final Provisions (regs. 194-199)
In force
Regulation 194 Cooperation with European Banking Authority.
In force
Regulation 195 Service of notice or other document by competent authority.
In force
Regulation 196 Court hearings otherwise than in public.
In force
Regulation 197 Non application of competition rules.
In force
Regulation 198 Effect of transfer orders on legal proceedings.
In force
Regulation 199 Regulations made under Part 7.
In force
Schedule, Part 1, Information to be included in recovery plans
In force
Schedule, Part 2, Information that the resolution authority may request institutions to provide for the purposes of drawing up and maintaining resolution plans
In force
Schedule, Part 3, Matters that the resolution authority is to consider when assessing the resolvability of an institution or group
Given under