Updated 18/09/2024
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Article 10 - How resolution actions could be financed

Article 10

How resolution actions could be financed

When preparing an explanation regarding the financing of resolution actions in accordance with Article 12(7), point (i), of Regulation (EU) 2021/23, the resolution authority shall ensure that the resolution plan includes at least the following elements:

(a)

a description of the financial resources envisaged as being needed under the resolution plan, clearly separating solvency from liquidity funding needs, including overall descriptions regarding the possible financial resources that are likely to be required in relation to the implementation of the resolution strategy including each relevant resolution scenario;

(b)

where not all contractual obligations and other arrangements have been enforced before the CCP entered into resolution, a pre-assessment of the possible issues with pursuing such obligations and arrangements in relation to resources for financing resolution actions, and of whether such identified issues may negatively affect the possibility of achieving the resolution objectives in a timely manner;

(c)

a description of potential sources of resolution funding, including the main terms of financing, material preconditions for their use, the timing of their availability, and any collateral requirements to the extent they are available ex ante;

(d)

a description and analysis of how and when the CCP may apply for the use of central bank facilities, complying with the requirement that resolution plans should not assume any access to central bank facilities on non-standard terms;

(e)

a description and identification of assets that could be used and whether they are expected to qualify as collateral, and how such an expectation of use of the assets may create encumbrances, primarily in the value and use of such assets.