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Prudential regulation of investment firms in the European Union (ZIFO nr. 32) 2021/8.3.2
8.3.2 The BRRD requirements: recovery and resolution plans
mr. drs. B.J. Nieuwenhuijzen, datum 01-02-2021
- Datum
01-02-2021
- Auteur
mr. drs. B.J. Nieuwenhuijzen
- JCDI
JCDI:ADS262362:1
- Vakgebied(en)
Financieel recht / Bank- en effectenrecht
Financieel recht / Financieel toezicht (juridisch)
Voetnoten
Voetnoten
See Article 10 of the BRRD.
See Recital 15 of 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, C/2016/1691, OJ L 184, 8.7.2016, pp. 1–71.
320. Under the BRRD institutions have to assess their business and activities and they have to draw up a recovery1 plan. The resolution authority responsible for carrying out the powers and authorities regulated in the BRRD is also required to draw up a resolution plan.2 The objective of a recovery plan is “to identify options to maintain or restore the viability and financial position of an institution or group when it is subject to severe stress”.3 A recovery plan addresses the going-concern principles for institutions and should help institutions and supervisory authorities to assess which actions need to be taken to prevent an institution from failing and thereby retaining the critical functions of that bank for the financial markets. A recovery plan is drawn up by the institution itself.
321. A resolution plan is dependent on the resolution authority’s analysis to determine “whether [the institution’s] failure and subsequent winding up under normal insolvency proceedings would be likely to have a significant negative effect on financial markets, on other institutions, on funding conditions, or on the wider economy”,4 and is drawn up by the resolution authority. Resolution planning “is an essential component of effective resolution. Authorities should have all the information necessary in order to identify and ensure the continuance of critical functions”.5 The resolution plan contains all the actions and steps that need to be taken if the institutions should be wound down. These requirements thus fall within the gone-concern approach discussed above.