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