Regulation 39 Early intervention measures.

(1) Where -

(a) an institution has infringed, or

(b) is likely in the near future to infringe, the requirements of -

(i) the Union Capital Requirements Regulation,

(ii) the Capital Requirements Regulations,

(iii) Parts 4, 5, 7, 9 and 13 of the MiFID I Regulations, or

(iv) Articles 3, 4, 5, 6, 7, 14, 15, 16, 17, 24, 25 or 26 of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 [OJ No. L 173, 12.06.2014, p. 84],

the competent authority may take one or more of the early intervention measures set out in paragraph (4).

(2) An infringement referred to in paragraph (1)(b) may occur due, among other things, to a rapidly deteriorating financial condition and may include one or more of the following:

(a) a reduction in own funds;

(b) a deteriorating liquidity situation;

(c) an increasing level of leverage;

(d) an increasing level of non-performing loans;

(e) an increasing concentration of exposures.

(3) In determining, pursuant to paragraph (1)(b), whether

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