Updated 07/09/2024
In force

Initial Legal Act
Amendments
There is currently no Level 2 legal act based on or specifying Article 77.
Search within this legal act

Article 77 - Recognition and enforcement of third-country resolution proceedings

Article 77

Recognition and enforcement of third-country resolution proceedings

1.   This Article shall apply in respect of third-country resolution proceedings unless and until an international agreement as referred to in Article 76(1) enters into force with the relevant third country. It shall also apply following the entry into force of an international agreement as referred to in Article 76(1) with the relevant third country to the extent that recognition and enforcement of third-country resolution proceedings is not governed by that agreement.

2.   Relevant national authorities shall recognise third-country resolution proceedings relating to a third-country CCP in any of the following cases:

(a)

the third-country CCP provides services, or has subsidiaries established, in one or more Member States;

(b)

the third-country CCP has assets, rights, obligations or liabilities located in one or more Member States or are governed by the law of those Member States.

Relevant national authorities shall ensure the enforcement of the recognised third-country resolution proceedings in accordance with their national law.

3.   The relevant national authorities shall at least have the power to do the following:

(a)

exercise the resolution powers in relation to the following:

(i)

assets of a third-country CCP that are located in their Member State or governed by the law of their Member State; and

(ii)

rights or liabilities of a third-country CCP that are booked in their Member State or governed by the law of their Member State, or where claims in relation to such rights and liabilities are enforceable in their Member State;

(b)

perfect, including to require another person to take action to perfect, a transfer of instruments of ownership in a subsidiary established in the designating Member State;

(c)

exercise the powers in Article 55, 56 and 57 in relation to the rights of any party to a contract with an entity referred to in paragraph 2 of this Article, where such powers are necessary in order to enforce third-country resolution proceedings; and

(d)

render unenforceable any right to terminate, liquidate or accelerate contracts, or affect the contractual rights, of entities referred to in paragraph 2 and other group entities, where such a right arises from resolution action taken in respect of the third-country CCP, whether by the third-country resolution authority itself or otherwise pursuant to legal or regulatory requirements as to resolution arrangements in that country, provided that the substantive obligations under the contract, including payment and delivery obligations, and provision of collateral, continue to be performed.

4.   The recognition and enforcement of third-country resolution proceedings shall be without prejudice to any normal insolvency proceedings applicable under national law.