Skip to content
Banking Rule Book
Text applicable on 14 Nov 2022Consolidated version of 14 Nov 2022Earlier versionUpcoming changefrom 9 Jan 2024Unofficial text · authentic on EUR-Lex (opens in a new tab)

BRRD Article 45d — as applicable on 14 Nov 2022 (version of 14 Nov 2022)

Article 45d

Determination of the minimum requirement for own funds and eligible liabilities for resolution entities of G-SIIs and Union material subsidiaries of non-EU G-SIIs

Amendment details· last amended 14 Nov 2022
Versions of this provision:27 Jun 201914 Nov 2022

Last amended 14 Nov 2022 by Regulation (EU) 2022/2036 of 19 October 2022.

Show the full history or compare two dates

1.

The requirement referred to in Article 45(1) for a resolution entity that is a G-SII or part of a G-SII shall consist of the following:

(a)

the requirements referred to in Articles 92a and 494 of Regulation (EU) No 575/2013; and

(b)

any additional requirement for own funds and eligible liabilities that has been determined by the resolution authority specifically in relation to that entity in accordance with paragraph 3 of this Article.

2.

The requirement referred to in Article 45(1) for a Union material subsidiary of a non-EU G-SII shall consist of the following:

(a)

the requirements referred to in Articles 92b and 494 of Regulation (EU) No 575/2013; and

(b)

any additional requirement for own funds and eligible liabilities that has been determined by the resolution authority specifically in relation to that material subsidiary in accordance with paragraph 3 of this Article, which is to be met using own funds and liabilities that meet the conditions of Articles 45f and 89(2).

3.

The resolution authority shall impose an additional requirement for own funds and eligible liabilities referred to in point (b) of paragraph 1 and point (b) of paragraph 2 only:

(a)

where the requirement referred to in point (a) of paragraph 1 or point (a) of paragraph 2 of this Article is not sufficient to fulfil the conditions set out in Article 45c; and

(b)

to an extent that ensures that the conditions set out in Article 45c are fulfilled.

4.

For the purposes of Article 45h(2), where more than one G-SII entity that are part of the same G-SII are resolution entities or third-country entities that would be resolution entities if they were established in the Union, the relevant resolution authorities shall calculate the amount referred to in paragraph 3 of this Article:

(a)

for each resolution entity or third-country entity that would be a resolution entity if it were established in the Union;

(b)

for the Union parent undertaking as if it were the only resolution entity of the G-SII.

5.

Any decision by the resolution authority to impose an additional requirement for own funds and eligible liabilities under point (b) of paragraph 1 of this Article or point (b) of paragraph 2 of this Article shall contain the reasons for that decision, including a full assessment of the elements referred to in paragraph 3 of this Article, and shall be reviewed by the resolution authority without undue delay to reflect any changes in the level of the requirement referred to in Article 104a of Directive 2013/36/EU that applies to the resolution group or the Union material subsidiary of a non-EU G-SII.