Updated 07/09/2024
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Version from: 13/05/2024
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Article 35 - General investigations

Article 35

General investigations

1.  
For the purpose of performing its tasks under this Regulation, and subject to any other conditions laid down in relevant Union law, the Board may, through the national resolution authorities or directly, after informing them, conduct all necessary investigations of any legal or natural person referred to in Article 34(1) established or located in a participating Member State.

To that end, the Board may:

(a) 

require the submission of documents;

(b) 

examine the books and records of any legal or natural person referred to in Article 34(1) and take copies or extracts from such books and records;

(c) 

obtain written or oral explanations from any legal or natural person referred to in Article 34(1) or their representatives or staff;

(d) 

interview any other natural or legal person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation.

2.  
The natural or legal persons referred to in Article 34(1) shall be subject to investigations launched on the basis of a decision of the Board.

Where a person obstructs the conduct of the investigation, the national resolution authorities of the participating Member State where the relevant premises are located shall afford, in accordance with national law, the necessary assistance including facilitating the access by the Board to the business premises of the natural or legal persons referred to in Article 34(1), so that those rights can be exercised.