Directive 2001/24/EC is amended as follows:

1. (1)

   In Article 1, the following paragraphs are added:

   3.

   This Directive shall also apply to investment firms as defined in point (2) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council38 and their branches located in Member States other than those in which they have their head offices.

   4

   In the event of application of the resolution tools and exercise of the resolution powers provided for in Directive 2014/59/EU of the European Parliament and of the Council39, this Directive shall also apply to the financial institutions, firms and parent undertakings falling within the scope of Directive 2014/59/EU.

   5

   Articles 4 and 7 of this Directive shall not apply where Article 83 of Directive 2014/59/EU applies.

   6

   Article 33 of this Directive shall not apply where Article 84 of Directive 2014/59/EU applies.

2. (2)

   Article 2 is replaced by the following:

   Article 2Definitions

   For the purposes of this Directive:

   • ‘home Member State’ shall mean a home Member State as defined in Article 4(1)(43) of Regulation (EU) No 575/2013;

   • ‘host Member State’ shall mean a host Member State as defined in Article 4(1)(44) of Regulation (EU) No 575/2013;

   • ‘branch’ shall mean a branch as defined in Article 4(1)(17) of Regulation (EU) No 575/2013;

   • ‘competent authority’ shall mean a competent authority as defined in Article 4(1)(40) of Regulation (EU) No 575/2013 or a resolution authority within the meaning of Article 2(1)(18) of Directive 2014/59/EU in respect of reorganisation measures taken pursuant to that Directive;

   • ‘administrator’ shall mean any person or body appointed by the administrative or judicial authorities whose task is to administer reorganisation measures;

   • ‘administrative or judicial authorities’ shall mean such administrative or judicial authorities of the Member States as are competent for the purposes of reorganisation measures or winding-up proceedings;

   • ‘reorganisation measures’ shall mean measures which are intended to preserve or restore the financial situation of a credit institution or an investment firm as defined in Article 4(1), point (2) of Regulation (EU) No 575/2013 and which could affect third parties’ pre-existing rights, including measures involving the possibility of a suspension of payments, suspension of enforcement measures or reduction of claims; those measures include the application of the resolution tools and the exercise of resolution powers provided for in Directive 2014/59/EU;

   • ‘liquidator’ shall mean any person or body appointed by the administrative or judicial authorities whose task is to administer winding-up proceedings;

   • ‘winding-up proceedings’ shall mean collective proceedings opened and monitored by the administrative or judicial authorities of a Member State with the aim of realising assets under the supervision of those authorities, including where the proceedings are terminated by a composition or other, similar measure;

   • ‘regulated market’ shall mean a regulated market as defined in Article 4(1), point (21) of Directive 2014/65/EU of the European Parliament and of the Council40;

   • ‘instrument’ shall mean a financial instrument as defined in Article 4(1), point (50)(b) of Regulation (EU) No 575/2013.

3. (3)

   Article 25 is replaced by the following:

   Article 25Netting agreements

   Without prejudice to Articles 68 and 71 of Directive 2014/59/EU, netting agreements shall be governed solely by the law of the contract which governs such agreements.

4. (4)

   Article 26 is replaced by the following:

   Article 26Repurchase agreements

   Without prejudice to Articles 68 and 71 of Directive 2014/59/EU and Article 24 of this Directive, repurchase agreements shall be governed solely by the law of the contract which governs such agreements.

Directive 2002/47/EC is amended as follows:

1. (1)

   In Article 1, the following paragraph is added:

   6.

   Articles 4 to 7 of this Directive shall not apply to any restriction on the enforcement of financial collateral arrangements or any restriction on the effect of a security financial collateral arrangement, any close out netting or set-off provision that is imposed by virtue of Title IV, Chapter V or VI of Directive 2014/59/EU of the European Parliament and of the Council41, or to any such restriction that is imposed by virtue of similar powers in the law of a Member State to facilitate the orderly resolution of any entity referred to in points (c)(iv) and (d) of paragraph 2 which is subject to safeguards at least equivalent to those set out in Title IV, Chapter VII of Directive 2014/59/EU.

2. (2)

   Article 9a is replaced by the following:

   Article 9aDirectives 2008/48/EC and 2014/59/EU

   This Directive shall be without prejudice to Directives 2008/48/EC and 2014/59/EU.

In Article 4(5) of Directive 2004/25/EC, the following subparagraph is added:

Directive 2007/36/EC is amended as follows:

1. (1)

   in Article 1, the following paragraph is added:

   4.

   Member States shall ensure that this Directive does not apply in the case of the use of resolution tools, powers and mechanisms provided for in Title IV of Directive 2014/59/EU of the European Parliament and of the Council44.

2. (2)

   in Article 5, the following paragraphs are added:

   5.

   Member States shall ensure that for the purposes of Directive 2014/59/EU the general meeting may, by a majority of two-thirds of the votes validly cast, issue a convocation to a general meeting, or modify the statutes to prescribe that a convocation to a general meeting is issued, at shorter notice than as laid down in paragraph 1 of this Article, to decide on a capital increase, provided that that meeting does not take place within ten calendar days of the convocation, that the conditions of Article 27 or 29 of Directive 2014/59/EU are met, and that the capital increase is necessary to avoid the conditions for resolution laid down in Articles 32 and 33 of that Directive.

   6

   For the purposes of paragraph 5, the obligation on each Member State to set a single deadline in Article 6(3), the obligation to ensure timely availability of a revised agenda in Article 6(4) and the obligation on each Member State to set a single record date in Article 7(3) shall not apply.

In Article 74 of Directive 2013/36/EU, paragraph 4 is deleted.

Regulation (EU) No 1093/2010 is amended as follows:

1. (1)

   In Article 4, point (2) is replaced by the following:

   (2)

   ‘competent authority’ means:

   1. (i)

      competent authority as defined in Article 4(1)(40) of Regulation (EU) No 575/2013, and within the meaning of Directives 2007/64/EC and 2009/110/EC;

   2. (ii)

      with regard to Directives 2002/65/EC and 2005/60/EC, the authorities competent for ensuring compliance with the requirements of those Directives by credit and financial institutions;

   3. (iii)

      with regard to Directive 2014/49/EU of the European Parliament and of the Council47, a designated authority as defined in Article 2(1)(18) of that Directive;

   4. (iv)

      with regard to Directive 2014/59/EU of the European Parliament and of the Council48, a resolution authority as defined in Article 2(1)(18) of that Directive.

2. (2)

   In Article 40(6), the following subparagraph is added:

   For the purpose of acting within the scope of Directive 2014/59/EU, the member of the Board of Supervisors referred to in point (b) of paragraph 1 may, where appropriate, be accompanied by a representative from the resolution authority in each Member State, who shall be non-voting.

In Article 81(3) of Regulation (EU) No 648/2012, the following point is added: