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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 15 November 2023 - onwards
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Regulation 98 Consolidated application: procedure for determination.

(1)The competent authority, before making a determination referred to in Regulation 95(8)(b), (c), (d) or (e) in relation to a subsidiary that issues relevant capital instruments, or eligible liabilities as referred to in Regulation 95(5)(a), for the purposes of meeting the requirement referred to in Regulation 80H on an individual basis or relevant capital instruments that are recognised for the purposes of meeting the own funds requirements on an individual or consolidated basis, shall comply with the following requirements:

(a)when considering whether to make a determination referred to in Regulation 95(8)(b), (c), (d) or (e), after consulting with the resolution authority of the relevant resolution entity, it shall notify, within 24 hours of consulting with that resolution authority -

(i) the consolidating supervisor and, if different, the appropriate authority in the Member State where the consolidating supervisor is located, and

(ii) resolution authorities of other entities with

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