Regulation (EU) 2019/877

In force

This text since 7 Jun 2019law://eu/reg/2019/877/art_1__pnt_4__pnt_a@2026-11-15

Contents

(a)paragraph 4 is replaced by the following:‘4.A group shall be deemed to be resolvable if it is feasible and credible for the Board either to wind up group entities under normal insolvency proceedings or to resolve them by applying resolution tools to, and exercising resolution powers with respect to, resolution entities of that group while avoiding, to the maximum extent possible, any significant adverse consequences for the financial systems of the Member States in which group entities are located or of other Member States or the Union, including broader financial instability or system wide events, with a view to ensuring the continuity of critical functions carried out by those group entities, where they can be easily separated in a timely manner, or by other means.The Board shall notify EBA in a timely manner where a group is deemed not to be resolvable.Where a group is composed of more than one resolution group, the Board shall assess the resolvability of each resolution group in accordance with this Article.The assessment referred to in the first subparagraph shall be performed in addition to the assessment of the resolvability of the entire group.’;

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Regulation · (EU) 2019/877 · EEA relevant
Adopted: 20 May 2019
In force: 27 Jun 2019
Applies from: 28 Dec 2020
Made by: Council of the European Union, European Parliament
Official: EUR-Lex 32019R0877 · ELI

Topics

aid to undertakings company in difficulties credit institution Economic and Monetary Union euro area financial control financial solvency investment company loss

History · 1 version

7 Jun 2019Reading

Connections

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Amends 1: Regulation (EU) No 806/2014
Cited by 4: Regulation (EU) 2026/808; French Republic v Single Resolution Board (T-540/22)13 provisions; Directive (EU) 2024/1174; Regulation (EU) 2022/2036

Defined terms · 9

Show every defined term

bail-inable liabilities
means the liabilities and capital instruments that do not qualify as Common Equity Tier 1, Additional Tier 1 or Tier 2 instruments of an entity referred to in Article 2 and that are not excluded from the scope of the bail-in tool pursuant to Article 27(3);’;
combined buffer requirement
means combined buffer requirement as defined in point (6) of Article 128 of Directive 2013/36/EU.’;
Common Equity Tier 1 capital
means Common Equity Tier 1 capital as calculated in accordance with Article 50 of Regulation (EU) No 575/2013;’;
eligible liabilities
means bail-inable liabilities that fulfil, as applicable, the conditions of Article 12c or point (a) of Article 12g(2) of this Regulation, and Tier 2 instruments that meet the conditions of point (b) of Article 72a(1) of Regulation (EU) No 575/2013;
material subsidiary
means a material subsidiary as defined in point (135) of Article 4(1) of Regulation (EU) No 575/2013;’;
resolution entity
means a legal person established in a participating Member State, which, in accordance with Article 8, is identified by the Board as an entity in respect of which the resolution plan provides for resolution action;
resolution group
means:
subordinated eligible instruments
means instruments that meet all of the conditions referred to in Article 72a of Regulation (EU) No 575/2013 other than paragraphs (3) to (5) of Article 72b of that Regulation;’;
subsidiary
means a subsidiary as defined in point (16) of Article 4(1) of Regulation (EU) No 575/2013, and for the purpose of applying Article 8, Article 10(10), Articles 12 to 12k, 21 and 53 of this Regulation to resolution groups referred to in point (b) of point (24b) of this paragraph, include, where and as appropriate, credit institutions that are permanently affiliated to a central body, the central body itself, and their respective subsidiaries, taking into account the way in which such resolution groups comply with Article 12f(3) of this Regulation;