Updated 05/02/2025
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Article 3 - Regulation 806/2014 (SRMR)

Article 3

Definitions

1.   For the purposes of this Regulation the following definitions apply:

(1)

national competent authority’ means any national competent authority as defined in Article 2(2) of Regulation (EU) No 1024/2013;

(2)

competent authority’ means a competent authority as defined in Article 4(2)(i) of Regulation (EU) No 1093/2010;

(3)

national resolution authority’ means an authority designated by a participating Member State in accordance with Article 3 of Directive 2014/59/EU;

(4)

relevant national resolution authority’ means the national resolution authority of a participating Member State in which an entity or a group's entity is established;

(5)

conditions for resolution’ means the conditions referred to in Article 18(1);

(6)

resolution plan’ means a plan drawn up in accordance with Article 8 or 9;

(7)

group resolution plan’ means a plan for group resolution drawn up in accordance with Articles 8 and 9;

(8)

resolution objectives’ means the objectives referred to in Article 14;

(9)

resolution tool’ means a resolution tool referred to in Article 22(2);

(10)

resolution action’ means the decision to place an entity referred to in Article 2 under resolution pursuant to Article 18, the application of a resolution tool or the exercise of one or more resolution powers;

(11)

covered deposits’ means deposits as defined in Article 2(1)(5) of Directive 2014/49/EU;

(12)

eligible deposits’ means eligible deposits as defined in Article 2(1)(4) of Directive 2014/49/EU;

(13)

institution’ means a credit institution, or an investment firm covered by consolidated supervision in accordance with Article 2(c);

(14)

institution under resolution’ means an entity referred to in Article 2 in respect of which a resolution action is taken;

(15)

financial institution’ means a financial institution as defined in Article 4(1)(26) of Regulation (EU) No 575/2013;

(16)

financial holding company’ means a financial holding company as defined in Article 4(1)(20) of Regulation (EU) No 575/2013;

(17)

mixed financial holding company’ means a mixed financial holding company as defined in point (21) of Article 4(1) of Regulation (EU) No 575/2013;

(18)

Union parent financial holding company’ means an EU parent financial holding company as defined in point (31) of Article 4(1) of Regulation (EU) No 575/2013;

(19)

Union parent institution’ means an EU parent institution as defined in point (29) of Article 4(1) of Regulation (EU) No 575/2013;

(20)

parent undertaking’ means a parent undertaking as defined in Article 4(1)(15)(a) of Regulation (EU) No 575/2013;

(21)

subsidiary’ means a subsidiary as defined in Article 4(1)(16) of Regulation (EU) No 575/2013;

(22)

branch’ means a branch as defined in Article 4(1)(17) of Regulation (EU) No 575/2013;

(23)

group’ means a parent undertaking and its subsidiaries that are entities as referred to in Article 2;

(24)

cross-border group’ means a group that has entities as referred to in Article 2 established in more than one participating Member State;

(25)

consolidated basis’ means the basis of the consolidated situation as defined in Article 4(1)(47) of Regulation (EU) No 575/2013;

(26)

consolidating supervisor’ means consolidating supervisor as defined in Article 4(1)(41) of Regulation (EU) No 575/2013;

(27)

group-level resolution authority’ means the resolution authority in the participating Member State in which the institution or parent undertaking subject to consolidated supervision at the highest level of consolidation within participating Member States in accordance with Article 111 of Directive 2013/36/EU is established;

(28)

institutional protection scheme’ or ‘IPS’ means an arrangement that meets the requirements laid down in Article 113(7) of Regulation (EU) No 575/2013;

(29)

extraordinary public financial support’ means State aid within the meaning of Article 107(1) TFEU or any other public financial support at supra-national level, which, if provided at national level, would constitute State aid, that is provided in order to preserve or restore the viability, liquidity or solvency of an entity referred to in Article 2 of this Regulation or of a group of which such an entity forms part;

(30)

sale of business tool’ means the mechanism for effecting a transfer by a resolution authority of instruments of ownership issued by an institution under resolution, or assets, rights or liabilities of an institution under resolution, to a purchaser that is not a bridge institution, in accordance with Article 24;

(31)

bridge institution tool’ means the mechanism for transferring instruments of ownership issued by an institution under resolution, or assets, rights or liabilities of an institution under resolution, to a bridge institution, in accordance with Article 25;

(32)

asset separation tool’ means the mechanism for effecting a transfer of assets, rights or liabilities of an institution under resolution to an asset management vehicle in accordance with Article 26;

(33)

bail-in tool’ means the mechanism for effecting the exercise of the write-down and conversion powers in relation to liabilities of an institution under resolution in accordance with Article 27;

(34)

available financial means’ means the cash, deposits, assets and irrevocable payment commitments available to the Fund for the purposes listed under Article 76(1);

(35)

target level’ means the amount of available financial means to be reached under Article 69(1);

(36)

Agreement’ means the agreement on the transfer and mutualisation of contributions to the Fund;

(37)

transitional period’ means the period from the date of application of this Regulation as determined under Article 99(2) and (6) until the Fund reaches the target level or 1 January 2024, whichever is earlier;

(38)

financial instrument’ means financial instrument as defined in point (50) of Article 4(1) of Regulation (EU) No 575/2013;

(39)

debt instruments’ means bonds and other forms of transferable debt, instruments creating or acknowledging a debt, and instruments giving rights to acquire debt instruments;

(40)

own funds’ means own funds as defined in Article 4(1)(118) of Regulation (EU) No 575/2013;

(41)

own funds requirements’ means the requirements laid down in Articles 92 to 98 of Regulation (EU) No 575/2013;

(42)

winding up’ means the realisation of assets of an entity referred to in Article 2;

(43)

derivative’ means a derivative as defined in Article 2(5) of Regulation (EU) No 648/2012;

(44)

write-down and conversion powers’ means the powers referred to in Article 21;

(45)

Common Equity Tier 1 instruments’ means capital instruments that meet the conditions laid down in Article 28(1) to (4), Article 29(1) to (5) or Article 31(1) of Regulation (EU) No 575/2013;

(46)

Additional Tier 1 instruments’ means capital instruments that meet the conditions laid down in Article 52(1) of Regulation (EU) No 575/2013;

(47)

Tier 2 instruments’ means capital instruments or subordinated loans that meet the conditions laid down in Article 63 of Regulation (EU) No 575/2013;

(48)

aggregate amount’ means the aggregate amount by which the resolution authority has assessed that eligible liabilities are to be written down or converted, in accordance with Article 27(13);

(49)

eligible 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 that are not excluded from the scope of the bail-in tool pursuant to Article 27(3);

(50)

deposit guarantee scheme’ means a deposit guarantee scheme introduced and officially recognised by a Member State pursuant to Article 4 of Directive 2014/49/EU;

(51)

relevant capital instruments’ means Additional Tier 1 instruments and Tier 2 instruments;

(52)

covered bond’ means an instrument as referred to in Article 52(4) of Directive 2009/65/EC of the European Parliament and of the Council (13);

(53)

depositor’ means a depositor as defined in Article 2(1)(6) of Directive 2014/49/EU;

(54)

investor’ means an investor within the meaning of Article 1(4) of Directive 97/9/EC of the European Parliament and of the Council (14).

2.   In the absence of a relevant definition in paragraph 1 of this Article, the definitions referred to in Article 2 of Directive 2014/59/EU apply. In the absence of a relevant definition in paragraph 1 of this Article or in Article 2 of Directive 2014/59/EU, the definitions referred to in Article 3 of Directive 2013/36/EU apply.


(13)  Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).

(14)  Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84, 26.3.1997, p. 22).