The Bank Recovery and Resolution (No. 2) Order 2014

CHAPTER 4 U.K. Provision of group financial support

Interpretation of Chapter 4 U.K.

101.—(1) In this Chapter—

“college members” means the members of the college and of the supervisory college M1 established for the group;

“conditions for financial support” has the same meaning as in Chapter 1;

“financial support” has the same meaning as in Chapter 1;

“group entity” means a relevant parent undertaking or group subsidiary which has entered into a group financial support agreement authorised by the PRA, FCA or other competent authority (“the agreement”);

“intended recipient” means the group institution named in a relevant notice as the recipient of the financial support referred to in the notice;

“notifying group entity” means the group entity which has given a relevant notice;

“relevant competent authority” means a competent authority, other than the consolidating supervisor, which has authorised a group entity;

“relevant notice” means notice given by a group entity in accordance with Article 25 of the recovery and resolution directive (right of opposition of competent authorities) of an intention to provide financial support under the agreement; and

“UK group entity” means a group entity set up in the United Kingdom.

(2) In this article, for the interpretation of “group entity” and “intended recipient”, the expressions “group subsidiary”, “group financial support agreement”, “group institution” and “relevant parent undertaking” have the meaning given in Chapter 1.

Marginal Citations

M1 For the meaning of “supervisory college” see the recovery and resolution directive, Article 2.1, point (52).

Relevant notice from UK group entity: decision by the PRA or FCA U.K.

102.—(1) Where the PRA or FCA receives a relevant notice from a UK group entity, it must, within five business days beginning with the date on which it receives the notice, decide whether to—

(a) agree the provision of the financial support to which the notice refers; or

(b) prohibit or restrict the provision of that financial support on the ground that the conditions for financial support have not been met.

(2) The regulator must give written notice of its decision, including a reasoned account of the decision—

(a) to the notifying group entity;

(b) to EBA;

(c) unless the regulator is the consolidating supervisor, to the consolidating supervisor;

(d) unless the regulator is the competent authority for the intended recipient, to that authority; and

(e) where the regulator has authorised the intended recipient, to the intended recipient.

(3) In this article “the regulator”—

(a) where the relevant notice is received from a PRA-authorised person, means the PRA; and

(b) where the relevant notice is received from any other UK group entity, means the FCA.

Duties of consolidating supervisor where financial support agreed, prohibited or restricted U.K.

103.—(1) This article applies where the PRA or FCA is the consolidating supervisor.

(2) Where the appropriate regulator receives notice of a decision by a relevant competent authority to agree, prohibit or restrict the provision of financial support to which a relevant notice refers, the appropriate regulator must inform the other college members of that decision without delay.

(3) Paragraph (4) applies where—

(a) a competent authority prohibits or restricts the provision of financial support to which a relevant notice refers;

(b) the group recovery plan refers to the provision of group financial support; and

(c) either—

(i) the relevant competent authority for the intended recipient asks the appropriate regulator for a re-assessment of the plan; or

(ii) the appropriate regulator is the competent authority for the intended recipient.

(4) The appropriate regulator—

(a) must consider whether to require the group recovery plan to be reviewed under article 34; and

(b) if the appropriate regulator is the competent authority for the intended recipient and the intended recipient has drawn up a recovery plan on an individual basis, must consider whether to require that plan to be reviewed under article 33.

(5) Where the appropriate regulator receives notice of a notifying group entity's decision to provide financial support pursuant to the relevant notice, the appropriate regulator must inform the other college members of that decision without delay.

Re-assessment of recovery plans by the PRA or FCA where it is not the consolidating supervisor U.K.

104.—(1) This article applies where—

(a) the PRA or FCA (“the regulator”) is a relevant competent authority;

(b) a competent authority other than the regulator prohibits or restricts the provision of financial support to which a relevant notice refers; and

(c) the regulator is the competent authority for the intended recipient.

(2) Where the group recovery plan refers to the provision of group financial support, the regulator may ask the consolidating supervisor for a re-assessment of the plan.

(3) Where the intended recipient has drawn up a recovery plan on an individual basis, the regulator must consider whether to require that plan to be reviewed under article 33.

Requesting the assistance of EBA U.K.

105.—(1) This article applies where the PRA or FCA (“the regulator”)—

(a) is the consolidating supervisor or the competent authority for the intended recipient; and

(b) has objections to a decision by the competent authority for the notifying group entity to prohibit or restrict the provision of financial support to which a relevant notice refers.

(2) The regulator may, within two days beginning with the date on which it receives notice of that decision, ask EBA to assist the competent authorities in accordance with Article 31(c) of the EBA Regulation to resolve their disagreement about that decision.

Reciprocal support U.K.

106.  Where the PRA or FCA agrees the provision, with or without restrictions, of the financial support to which a relevant notice refers, the notifying group entity may agree with the intended recipient of that support to receive financial support from the intended recipient.