Updated 07/09/2024
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Version from: 13/05/2024
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Article 76 - Mission of the Fund

Article 76

Mission of the Fund

1.  

Within the resolution scheme, when applying the resolution tools to entities referred to in Article 2, the Board may use the Fund only to the extent necessary to ensure the effective application of the resolution tools for the following purposes:

(a) 

to guarantee the assets or the liabilities of the institution under resolution, its subsidiaries, a bridge institution or an asset management vehicle;

(b) 

to make loans to the institution under resolution, its subsidiaries, a bridge institution or an asset management vehicle;

(c) 

to purchase assets of the institution under resolution;

(d) 

to make contributions to a bridge institution and an asset management vehicle;

(e) 

to pay compensation to shareholders or creditors if, following an evaluation pursuant to Article 20(5) they have incurred greater losses that they would have incurred, following a valuation pursuant to Article 20(16), in a winding up under normal insolvency proceedings;

(f) 

to make a contribution to the institution under resolution in lieu of the write-down or conversion of liabilities of certain creditors, when the bail-in tool is applied and the decision is made to exclude certain creditors from the scope of bail-in in accordance with Article 27(5);

(g) 

to take any combination of the actions referred to in points (a) to (f).

2.  
The Fund may be used to take the actions referred to in paragraph 1 also with respect to the purchaser in the context of the sale of business tool.
3.  
The Fund shall not be used directly to absorb the losses of an entity referred to in Article 2 or to recapitalise such an entity. In the event that the use of the Fund for the purposes in paragraph 1of this Article indirectly results in part of the losses of an entity referred to in Article 2 being passed on to the Fund, the principles governing the use of the Fund set out in Article 27 shall apply.
4.  
The Board may not hold the capital contributed to in accordance with point (f) of paragraph 1 for a period exceeding five years.