Title IV Resolution (arts. 31-86)

Comparing proposed amendment...


	Chapter I Objectives, conditions and general principles (arts. 31-34)
Entered into force	Article 31 Resolution objectives
Amended	Article 32 Conditions for resolution
Inserted	Article 32a Conditions for resolution with regard to a central body and credit institutions permanently affiliated to a central body
Inserted	Article 32b Insolvency proceedings in respect of institutions and entities that are not subject to resolution action
Amended	Article 33 Conditions for resolution with regard to financial institutions and holding companies
Inserted	Article 33a Power to suspend certain obligations
Entered into force	Article 34 General principles governing resolution
	Chapter II Special management (art. 35)
Entered into force	Article 35 Special management
	Chapter III Valuation (art. 36)
Amended	Article 36 Valuation for the purposes of resolution
	Chapter IV Resolution tools (arts. 37-58)
	Section 1 General principles (art. 37)
Amended	Article 37 General principles of resolution tools
	Section 2 The sale of business tool (art. 38-39)
Entered into force	Article 38 The sale of business tool
Entered into force	Article 39 Sale of business tool: procedural requirements
	Section 3 The bridge institution tool (arts. 40-41)
Entered into force	Article 40 Bridge institution tool
Entered into force	Article 41 Operation of a bridge institution
	Section 4 The asset separation tool (art. 42)
Entered into force	Article 42 Asset separation tool
	Section 5 The bail-in tool (arts. 43-58)
	Subsection 1 Objective and scope of the bail-in tool (arts. 43-44)
Entered into force	Article 43 The bail-in tool
Amended	Article 44 Scope of bail-in tool
Inserted	Article 44a Selling of subordinated eligible liabilities to retail clients
	Subsection 2 Minimum requirement for own funds and eligible liabilities (arts. 45-45m)
Amended	Article 45 Application and calculation of the minimum requirement for own funds and eligible liabilities
Inserted	Article 45a Exemption from the minimum requirement for own funds and eligible liabilities
Inserted	Article 45b Eligible liabilities for resolution entities
Inserted	Article 45c Determination of the minimum requirement for own funds and eligible liabilities
Amended	Article 45d Determination of the minimum requirement for own funds and eligible liabilities for resolution entities of G-SIIs and Union material subsidiaries of non-EU G-SIIs
Inserted	Article 45e Application of the minimum requirement for own funds and eligible liabilities to resolution entities
Amended	Article 45f Application of the minimum requirement for own funds and eligible liabilities to entities that are not themselves resolution entities
Inserted	Article 45g Waiver for a central body and credit institutions permanently affiliated to a central body
Amended	Article 45h Procedure for determining the minimum requirement for own funds and eligible liabilities
Applicable	Article 45i Supervisory reporting and public disclosure of the requirement
Inserted	Article 45j Reporting to EBA
Inserted	Article 45k Breaches of the minimum requirement for own funds and eligible liabilities
Inserted	Article 45l Reports
Inserted	Article 45m Transitional and post-resolution arrangements
	Subsection 3 Implementation of the bail-in tool (arts. 46-52)
Amended	Article 46 Assessment of amount of bail-in
Amended	Article 47 Treatment of shareholders in bail-in or write down or conversion of capital instruments
Amended	Article 48 Sequence of write down and conversion
Entered into force	Article 49 Derivatives
Entered into force	Article 50 Rate of conversion of debt to equity
Entered into force	Article 51 Recovery and reorganisation measures to accompany bail-in
Entered into force	Article 52 Business reorganisation plan
	Subsection 4 Bail-in tool: ancillary provisions (arts. 53-58)
Entered into force	Article 53 Effect of bail-in
Entered into force	Article 54 Removal of procedural impediments to bail-in
Amended	Article 55 Contractual recognition of bail-in
Entered into force	Article 56 Government financial stabilisation tools
Entered into force	Article 57 Public equity support tool
Entered into force	Article 58 Temporary public ownership tool
	Chapter V Write down or conversion of capital instruments and eligible liabilities (arts. 59-62)
Amended	Article 59 Requirement to write down or convert relevant capital instruments and eligible liabilities
Amended	Article 60 Provisions concerning the write down or conversion of relevant capital instruments and eligible liabilities
Amended	Article 61 Authorities responsible for determination
Amended	Article 62 Consolidated application: procedure for determination
	Chapter VI Resolution powers (arts. 63-72)
Amended	Article 63 General powers
Entered into force	Article 64 Ancillary powers
Entered into force	Article 65 Power to require the provision of services and facilities
Amended	Article 66 Power to enforce crisis management measures or crisis prevention measures by other Member States
Entered into force	Article 67 Power in respect of assets, rights, liabilities, shares and other instruments of ownership located in third countries
Amended	Article 68 Exclusion of certain contractual terms in early intervention and resolution
Amended	Article 69 Power to suspend certain obligations
Amended	Article 70 Power to restrict the enforcement of security interests
Amended	Article 71 Power to temporarily suspend termination rights
Inserted	Article 71a Contractual recognition of resolution stay powers
Entered into force	Article 72 Exercise of the resolution powers
	Chapter VII Safeguards (arts. 73-80)
Entered into force	Article 73 Treatment of shareholders and creditors in the case of partial transfers and application of the bail-in tool
Entered into force	Article 74 Valuation of difference in treatment
Entered into force	Article 75 Safeguard for shareholders and creditors
Entered into force	Article 76 Safeguard for counterparties in partial transfers
Entered into force	Article 77 Protection for financial collateral, set off and netting agreements
Entered into force	Article 78 Protection for security arrangements
Entered into force	Article 79 Protection for structured finance arrangements and covered bonds
Entered into force	Article 80 Partial transfers: protection of trading, clearing and settlement systems
	Chapter VIII Procedural obligations (arts. 81-84)
Entered into force	Article 81 Notification requirements
Entered into force	Article 82 Decision of the resolution authority
Entered into force	Article 83 Procedural obligations of resolution authorities
Entered into force	Article 84 Confidentiality
	Chapter IX Right of appeal and exclusion of other actions (arts. 85-86)
Entered into force	Article 85 Ex-ante judicial approval and rights to challenge decisions
Entered into force	Article 86 Restrictions on other proceedings

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Title IV Resolution (arts. 31-86)

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