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Commission Delegated Regulation (EU) 2016/1075 of 23 March 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the content of recovery plans, resolution plans and group resolution plans, the minimum criteria that the competent authority is to assess as regards recovery plans and group recovery plans, the conditions for group financial support, the requirements for independent valuers, the contractual recognition of write-down and conversion powers, the procedures and contents of notification requirements and of notice of suspension and the operational functioning of the resolution colleges (Text with EEA relevance)RecitalsChapter I Common provisions and recovery plans (arts. 1-21)Section I Common provisions (arts. 1-2)Article 1 Subject matterArticle 2 DefinitionsSection II Content of recovery plans (arts. 3-15)Article 3 Information to be included in a recovery planArticle 4 Summary of the key elements of the recovery planArticle 5 GovernanceArticle 6 Strategic analysisArticle 7 The description of entities covered by the recovery planArticle 8 Recovery optionsArticle 9 Actions, arrangements and measures under recovery optionsArticle 10 Impact assessmentArticle 11 Feasibility assessmentArticle 12 Continuity of operationsArticle 13 Cross referencesArticle 14 Communication and disclosure planArticle 15 Preparatory measuresSection III Assessment of recovery plans (arts. 16-21)Article 16 Completeness of recovery plansArticle 17 Quality of recovery plansArticle 18 Implementation of the arrangements proposed in the recovery plansArticle 19 Recovery optionsArticle 20 Specific requirements for group recovery plansArticle 21 Nature of the entity or entities being assessedChapter II Resolution Plans (arts. 22-32)Section I Content of resolution plans (art. 22)Article 22 Categories of information to be included in resolution plansSection II Assessment of resolvability (arts. 23-32)Article 23 Stages of assessmentArticle 24 Feasibility and credibility of liquidation under normal insolvency proceedingsArticle 25 Identification of a resolution strategyArticle 26 Assessment of feasibility of a resolution strategyArticle 27 Assessment of feasibility: structure and operationsArticle 28 Assessment of feasibility: financial resourcesArticle 29 Assessment of feasibility: informationArticle 30 Assessment of feasibility: cross-border issuesArticle 31 Assessment of feasibility: other potential impedimentsArticle 32 Assessment of credibility of a resolution strategyChapter III Intra Group Financial Support (arts. 33-36)Article 33 Prospect to redress financial difficultiesArticle 34 Terms of the supportArticle 35 Liquidity and solvency of the providing entityArticle 36 Resolvability of the providing entityChapter IV Independence of Valuers (arts. 37-41)Article 37 DefinitionsArticle 38 Elements of independenceArticle 39 Qualifications, experience, ability, knowledge and resourcesArticle 40 Structural separationArticle 41 Material common or conflicting interestsChapter V Resolution (arts. 42-49)Section I Contractual recognition and conversion powers (arts. 42-44)Article 42 DefinitionsArticle 43 Liabilities to which the exclusion from the obligation to include the contractual term referred to in Article 55(1) of Directive 2014/59/EU appliesArticle 44 Contents of the contractual term required by Article 55(1) of Directive 2014/59/EUSection II Notifications and notice of suspension (arts. 45-49)Article 45 General requirements for notificationsArticle 46 Notification by the management body to a competent authorityArticle 47 Communication of the competent authority to the resolution authority of the received notificationArticle 48 Notification of assessment that an institution meets the conditions for resolution set out in points (a) and (b) of Article 32(1) of Directive 2014/59/EUArticle 49 NoticeChapter VI Resolution Colleges (arts. 50-109)Section I Operational organisation of resolution colleges (arts. 50-60)Article 50 Mapping and identification of resolution college members and possible observersArticle 51 Third country resolution authorities as observers in the resolution collegeArticle 52 Communication with the Union parent undertakingArticle 53 Establishment and update of contact listsArticle 54 Elements of written arrangements and procedures for the functioning of the resolution collegeArticle 55 Establishment and update of written arrangements and procedures for the functioning of the resolution collegeArticle 56 Operational aspects of college meetings and other activitiesArticle 57 Exchange of informationArticle 58 Communication policyArticle 59 Coordination of external communicationArticle 60 Emergency situationsSection II Group resolution planning joint decisions (arts. 61-85)Subsection 1 Joint decision process on group resolution plan and resolvability assessment (arts. 61-72)Article 61 Planning of the steps of the joint decision processArticle 62 Elements of the joint decision timetableArticle 63 Preliminary dialogue on the resolution strategyArticle 64 Information from the Union parent undertakingArticle 65 Transmission of information from the group-level resolution authorityArticle 66 Development and circulation of the draft group resolution plan and resolvability assessmentArticle 67 Consultation with resolution college membersArticle 68 Discussion with the Union parent undertakingArticle 69 Dialogue on the draft resolution plan and resolvability assessmentArticle 70 Drafting the joint decision on group resolution plan and resolvability assessmentArticle 71 Reaching joint decision on the group resolution plan and resolvability assessmentArticle 72 Communication of the joint decision and summary of the group resolution plan to the Union parent undertakingSubsection 2 Process in the absence of joint decision on group resolution plan and resolvability assessment (arts. 73-75)Article 73 Partial disagreementArticle 74 Elements of communication of individual decisionsArticle 75 Communication of individual decisions in the absence of a joint decisionSubsection 3 Joint decision on measures to address substantive impediments to resolvability (arts. 76-83)Article 76 Suspension of the joint decision process on the group resolution plan and resolvability assessmentArticle 77 Planning of the steps of the joint decision process on measures to address substantive impediments to resolvabilityArticle 78 Consultation and communication of the reportArticle 79 Submission of observations of the Union parent undertaking and consultation with the authoritiesArticle 80 Drafting the joint decision on measures to address substantive impediments to resolvabilityArticle 81 Reaching the joint decisionArticle 82 Communication of the joint decisionArticle 83 Monitoring the application of the joint decisionSubsection 4 Process in the absence of joint decision on measures to address substantive impediments to resolvability (arts. 84-85)Article 84 Elements of communication of individual decisionsArticle 85 Communication of individual decisions in the absence of joint decisionSection III Joint decision process on minimum requirements for own funds and eligible liabilities (arts. 86-96)Subsection 1 Joint decision process (arts. 86-93)Article 86 Planning of the joint decision on minimum requirements for own funds and eligible liabilitiesArticle 87 Proposal at consolidated and Union parent undertaking levelArticle 88 Proposal at subsidiary levelArticle 89 Dialogue on the proposed minimum requirements for own funds and eligible liabilitiesArticle 90 Drafting the joint decision on minimum requirements for own funds and eligible liabilitiesArticle 91 Reaching the joint decision on minimum requirements for own funds and eligible liabilitiesArticle 92 Communication of the joint decision on minimum requirements for own funds and eligible liabilitiesArticle 93 Monitoring the application of the joint decision on minimum requirements for own funds and eligible liabilitiesSubsection 2 Process in the absence of a joint decision at consolidated level (arts. 94-96)Article 94 Joint decisions taken at each subsidiary level in the absence of a joint decision at consolidated levelArticle 95 Elements of communication of individual decisionsArticle 96 Communication of individual decisions in the absence of joint decisionSection IV Cross-border group resolution (arts. 97-109)Subsection 1 Decision on the need for a group resolution scheme under Articles 91 and 92 of Directive 2014/59/EU (arts. 97-101)Article 97 Process for deciding on the need for a group resolution schemeArticle 98 Dialogue on the need for a group resolution schemeArticle 99 Preparation and communication of the draft assessment or draft decision on the need for a group resolution schemeArticle 100 Consultation on the draft assessment or decision on the need for a group resolution schemeArticle 101 Finalisation of the assessment or the decision on the need for a group resolution schemeSubsection 2 Joint decision process on the group resolution scheme (arts. 102-107)Article 102 Process of the joint decision on the group resolution schemeArticle 103 Preparation and communication of the draft group resolution schemeArticle 104 Consultation on the group resolution schemeArticle 105 Preparation and communication of the joint decision on the group resolution schemeArticle 106 Finalising the joint decision on the group resolution schemeArticle 107 Communication of the joint decision to the collegeSubsection 3 Disagreements and decisions taken in the absence of a joint decision (arts. 108-109)Article 108 Notification in case of disagreementArticle 109 Decision-making process between non-disagreeing resolution authoritiesChapter VII Final Provisions (art. 110)Article 110 Entry into forceDone at
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Version status: Entered into force | Document consolidation status: No known changes
Version date: 28 July 2016 - onwards
Version 2 of 2

Article 85 Communication of individual decisions in the absence of joint decision

1. In the absence of a joint decision between the group-level resolution authority and the resolution authorities of subsidiaries within the time period referred to in Article 18(5) of Directive 2014/59/EU, all decisions referred to in Article 18(6) and Article 18(7) of that Directive shall be communicated in writing by the relevant resolution authorities of subsidiaries to the group-level resolution authority by the latest of the following dates:

(a) the date one month after the expiry of the time period referred to in Article 18(5) of Directive 2014/59/EU, as applicable;

(b) the date one month after the provision of any advice by the EBA following a request for consultation in accordance with the second subparagraph of Article 18(5) of Directive 2014/59/EU;

(c) the date one month after any decision taken by the EBA in accordance with the third subparagraph of Article 18(6) or second subparagraph of Article 18(7) of Directive 2014/59/EU or any other date set by the EBA in such a decision.

2. The group-level resolution authority shall communicate without undue delay its own decision and the decisions referred to in paragraph 1 to the other resolution college members.

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