Directive 2014/59/EU of the European Parliament and of the CouncilShow full title

SECTION B U.K. Information that resolution authorities may request institutions to provide for the purposes of drawing up and maintaining resolution plans

Resolution authorities may request institutions to provide for the purposes of drawing up and maintaining resolution plans at least the following information:

(1)

a detailed description of the institution’s organisational structure including a list of all legal persons;

(2)

identification of the direct holders and the percentage of voting and non-voting rights of each legal person;

(3)

the location, jurisdiction of incorporation, licensing and key management associated with each legal person;

(4)

a mapping of the institution’s critical operations and core business lines including material asset holdings and liabilities relating to such operations and business lines, by reference to legal persons;

(5)

a detailed description of the components of the institution’s and all its legal entities’ liabilities, separating, at a minimum by types and amounts of short term and long-term debt, secured, unsecured and subordinated liabilities;

(6)

details of those liabilities of the institution that are [F1 bail-inable liabilities];

(7)

an identification of the processes needed to determine to whom the institution has pledged collateral, the person that holds the collateral and the jurisdiction in which the collateral is located;

(8)

a description of the off balance sheet exposures of the institution and its legal entities, including a mapping to its critical operations and core business lines;

(9)

the material hedges of the institution including a mapping to legal persons;

(10)

identification of the major or most critical counterparties of the institution as well as an analysis of the impact of the failure of major counterparties in the institution’s financial situation;

(11)

each system on which the institution conducts a material number or value amount of trades, including a mapping to the institution’s legal persons, critical operations and core business lines;

(12)

each payment, clearing or settlement system of which the institution is directly or indirectly a member, including a mapping to the institution’s legal persons, critical operations and core business lines;

(13)

a detailed inventory and description of the key management information systems, including those for risk management, accounting and financial and regulatory reporting used by the institution including a mapping to the institution’s legal persons, critical operations and core business lines;

(14)

an identification of the owners of the systems identified in point (13), service level agreements related thereto, and any software and systems or licenses, including a mapping to their legal entities, critical operations and core business lines;

(15)

an identification and mapping of the legal persons and the interconnections and interdependencies among the different legal persons such as:

• common or shared personnel, facilities and systems;

• capital, funding or liquidity arrangements;

• existing or contingent credit exposures;

• cross guarantee agreements, cross-collateral arrangements, cross-default provisions and cross-affiliate netting arrangements;

• risks transfers and back-to-back trading arrangements; service level agreements;

(16)

the competent and resolution authority for each legal person;

(17)

the member of the management body responsible for providing the information necessary to prepare the resolution plan of the institution as well as those responsible, if different, for the different legal persons, critical operations and core business lines;

(18)

a description of the arrangements that the institution has in place to ensure that, in the event of resolution, the resolution authority will have all the necessary information, as determined by the resolution authority, for applying the resolution tools and powers;

(19)

all the agreements entered into by the institutions and their legal entities with third parties the termination of which may be triggered by a decision of the authorities to apply a resolution tool and whether the consequences of termination may affect the application of the resolution tool;

(20)

a description of possible liquidity sources for supporting resolution;

(21)

information on asset encumbrance, liquid assets, off-balance sheet activities, hedging strategies and booking practices.

Textual Amendments

F1 Substituted by Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019 amending Directive 2014/59/EU as regards the loss-absorbing and recapitalisation capacity of credit institutions and investment firms and Directive 98/26/EC.