Article 27f
Notification of material transfers of assets and liabilities
1.
Member States shall require institutions, and financial holding companies and mixed financial holding companies within the scope of Article 21a(1) to notify their competent authority in writing in advance of any material transfer of assets or liabilities which they execute either through a sale or any other type of transaction (the ‘proposed operation’).
Where the proposed operation involves only entities from the same group, those entities shall also be subject to the first subparagraph.
For the purposes of the first and second subparagraphs, each of the entities involved in the same proposed operation shall be subject individually to the obligation to notify set out therein.
2.
For the purposes of paragraph 1, the proposed operation shall be deemed material for an entity where it is at least equal to 10 % of its total assets or liabilities, unless the proposed operation is executed between entities of the same group, in which case the proposed operation shall be deemed material for an entity where it is at least equal to 15 % of its total assets or liabilities.
For the purposes of the first subparagraph of this paragraph, for parent financial holding companies and parent mixed financial holding companies referred to in paragraph 1, the percentages shall apply on the basis of their consolidated situation.
The following shall not be taken into account for calculating the percentages referred to in the first subparagraph of this paragraph:
(a)
transfers of non-performing assets;
(b)
transfers of assets for the purpose of being included in a cover pool as defined in Article 3, point (3), of Directive (EU) 2019/2162 of the European Parliament and of the Council ( 13 );
(c)
transfers of assets to be securitised;
(d)
transfers of assets or liabilities in the context of the use of resolution tools, powers and mechanisms provided for in Title IV of Directive 2014/59/EU.
3.
The competent authority shall acknowledge, in writing, the receipt of the notification under paragraph 1 promptly and in any event within 10 working days following receipt of the notification.
( 13 ) Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 on the issue of covered bonds and covered bond public supervision and amending Directives 2009/65/EC and 2014/59/EU (OJ L 328, 18.12.2019, p. 29).