It is in the interest of an efficient resolution, and in order to avoid conflicts of jurisdiction, that no normal insolvency proceedings for the failing institution be opened or continued whilst the resolution authority is exercising its resolution powers or applying the resolution tools, except at the initiative of, or with the consent of, the resolution authority. It is useful and necessary to suspend, for a limited period, certain contractual obligations so that the resolution authority has time to put into practice the resolution tools. This should not, however, apply to obligations in relation to systems designated under Directive 98/26/EC (opens EUR-Lex in a new tab) of the European Parliament and of the Council (14), central counterparties and central banks. Directive 98/26/EC (opens EUR-Lex in a new tab) reduces the risk associated with participation in payment and securities settlement systems, in particular by reducing disruption in the event of the insolvency of a participant in such a system. To ensure that those protections apply appropriately in crisis situations, whilst maintaining appropriate certainty for operators of payment and securities systems and other market participants, this Directive provides that a crisis prevention measure or a crisis management measure should not, per se, be deemed to be insolvency proceedings within the meaning of Directive 98/26/EC (opens EUR-Lex in a new tab), provided that the substantive obligations under the contract continue to be performed. However, nothing in this Directive prejudices the operation of a system designated under Directive 98/26/EC (opens EUR-Lex in a new tab) or the right to collateral security guaranteed by Article 9 (opens EUR-Lex in a new tab) of Directive 98/26/EC (opens EUR-Lex in a new tab).
Text applicable on 7 Oct 2026Consolidated version of 11 May 2026In forceUnofficial text · authentic on EUR-Lex (opens in a new tab)
BRRD Recital (93) — as applicable on 7 Oct 2026 (version of 11 May 2026)
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