Updated 05/02/2025
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Version from: 14/02/2023
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Article 34 - Delegated Regulation 2016/2251

Article 34

Applicable criteria on the practical impediments to the prompt transfer of own funds and repayment of liabilities

A practical impediment to the prompt transfer of own funds or repayment of liabilities between the counterparties as referred to in paragraphs 5 to 10 of Article 11 of Regulation (EU) No 648/2012 shall be deemed to exist where there are restrictions of a practical nature, including any of the following:

(a) 

insufficient availability of unencumbered or liquid assets to the relevant counterparty when due;

(b) 

impediments of an operational nature which effectively delay or prevent such transfers or repayments when due.