Updated 18/09/2024
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Article 9 - Financial performance criteria

Article 9

Financial performance criteria

The business reorganisation plan shall fulfil all of the following financial performance criteria:

(a)

the CCP shall have identified the funding requirements under the business reorganisation plan and secured the sources of such funding, ensuring, in particular, that the parties agreeing to provide committed financial resources, including the parent undertaking, clearing members, shareholders or liquidity providers of the CCP, will be able to transfer the committed amounts to the CCP within the timeframe required in accordance with the terms and conditions agreed by such parties;

(b)

the CCP shall have identified and included in the business reorganisation plan ways to maintain its financial resilience;

(c)

the CCP shall be able to operate and cover all of its financial positions, as demonstrated by a post-reorganisation balance sheet providing details on the new debt and capital structure and on the effects of the write-down and conversion tools based on the valuation carried out pursuant to Article 24(3) and Article 61(1) of Regulation (EU) 2021/23 to the extent that such a valuation has been finalised at the time of the establishment of the business reorganisation plan;

(d)

the CCP shall have identified and mitigated any financial impediments, including where the CCP is party to an ongoing litigation or a dispute which could negatively affect its financial position.