Updated 07/09/2024
In force

Version from: 13/05/2024
Amendments
There is currently no Level 2 legal act based on or specifying Article 34.
Search within this legal act

Article 34 - Requests for information

Article 34

Requests for information

1.  

For the purpose of performing its tasks under this Regulation, the Board may, through the national resolution authorities or directly, after informing them, making full use of all of the information available to the ECB or to the national competent authorities, require the following legal or natural persons to provide all of the information necessary to perform the tasks conferred on it by this Regulation:

(a) 

the entities referred to in Article 2;

(b) 

employees of the entities referred to in Article 2;

(c) 

third parties to whom the entities referred to in Article 2 have outsourced functions or activities.

2.  
The entities and persons referred to in paragraph 1 shall supply the information requested pursuant to that paragraph. The requirements of professional secrecy shall not exempt those entities and persons from the duty to supply that information. The supply of the information requested shall not be deemed to infringe the requirements of professional secrecy.
3.  
Where the Board obtains information directly from those entities and persons, it shall make that information available to the national resolution authorities concerned.
4.  
The Board shall be able to obtain, including on a continuous basis, any information necessary for the exercise of its functions under this Regulation, in particular on capital, liquidity, assets and liabilities concerning any institution subject to its resolution powers.
5.  
The Board, the ECB, the national competent authorities and the national resolution authorities may draw up memoranda of understanding with a procedure concerning the exchange of information. The exchange of information between the Board, the ECB, the national competent authorities and the national resolution authorities shall not be deemed to infringe the requirements of professional secrecy.
6.  
National competent authorities, the ECB where relevant, and national resolution authorities shall cooperate with the Board in order to verify whether some or all of the information requested is already available. Where such information is available, national competent authorities, the ECB where relevant, or national resolution authorities shall provide that information to the Board.