European banking union.

Format:

Book

Language:

English

Subjects (All):

Law--Banking.

Law.

Physical Description:

1 online resource (1280 pages)

Edition:

First edition.

Distribution:

London : Bloomsbury Publishing, 2022.

Place of Publication:

London : Nomos/Hart, 2022.

System Details:

text file

HTML/PDF

Summary:

This new commentary analyses, article by article, the two most important regulations on the European banking union: firstly, the Single Supervisory Mechanism with the ECB as the single supervisory authority for major banking institutions; and secondly, the Single Resolution Mechanism with the Single Resolution Fund as the centralized decision-making body in the eurozone.

Contents:

SINGLE SUPERVISORY MECHANISM REGULATION

Art. 1 Subject matter and scope

Art. 2 Definitions Article 2 SSM Framework Regulation Definitions

Art. 3 Cooperation

Art. 4 Tasks conferred on the ECB

Art. 5 Macro-prudential tasks and tools Arts. 103-105 SSM Framework Regulation

Art. 6 Cooperation within the SSM

Art. 7 Close cooperation with the competent authorities of participating Member States whose currency is not the euro

Art. 8 International relations

Art. 9 Supervisory and investigatory powers

Art. 10 Request for information

Art. 11 General investigations

Art. 12 On-site inspections

Art. 13 Authorisation by a judicial authority

Art. 14 Authorisation

Art. 15 Assessment of acquisitions of qualifying holdings

Art. 16 Supervisory powers

Art. 17 Powers of host authorities and cooperation on supervision on a consolidated basis Arts. 8-17 SSM Framework Regulation

Art. 18 Administrative penalties

Art. 19 Independence

Art. 20 Accountability and reporting

Art. 21 National parliaments

Art. 22 Due process for adopting supervisory decisions

Art. 23 Reporting of violations

Art. 24 Administrative Board of Review

Art. 25 Separation from monetary policy function

Art. 26 Supervisory board

Art. 27 Professional secrecy and exchange of information

Art. 28 Resources

Art. 29 Budget and annual accounts

Art. 30 Supervisory fees

Art. 31 Staff and staff exchange

Art. 32 Review

Art. 33 Transitional provisions

Art. 34 Entry into force

SINGLE RESOLUTION MECHANISM REGULATION

Art. 1 Subject matter

Art. 2 Scope

Art. 3 Definitions

Art. 4 Participating Member States

Art. 5 Relation to Directive 2014/59/EU and applicable national law

Art. 6 General Principles

Art. 7 Division of tasks within the SRM

Art. 8 Resolution plans drawn up by the Board

Art. 9 Resolution plans drawn up by national resolution authorities

Art. 10 Assessment of resolvability

Art. 10a Power to Prohibit Certain Distributions

Art. 11 Simplified obligations for certain institutions Arts. 12-12k Minimum requirements

Art. 13 Early intervention

Art. 14 Resolution Objectives

Art. 15 General principles governing resolution

Art. 16 Resolution of financial institutions and parent undertakings

Art. 17 Order of priority of claims

Art. 18 Resolution procedure

Art. 19 State aid and Fund aid

Art. 20 Valuation for the purposes of resolution

Art. 21 Write-down and conversion of capital instruments or eligible liabilities

Art. 22 General principles of resolution tools

Art. 23 Resolution Scheme

Art. 24 Sale of business tool

Art. 25 Bridge Institution Tool

Art. 26 Asset separation tool

Art. 27 Bail-in tool

Art. 28 Monitoring by the Board

Art. 29 Implementation of decisions under this Regulation

Art. 30 Obligation to cooperate and information exchange within the SRM

Art. 31 Cooperation within the SRM

Art. 32 Consultation of, and cooperation with, non-participating Member States and third countries

Art. 33 Recognition and enforcement of third-country resolution proceedings

Art. 34 Requests for information

Art. 35 General investigations

Art. 36 On-site inspections

Art. 37 Authorisation by a judicial authority

Art. 38 Fines

Art. 39 Periodic penalty payments

Art. 40 Hearing of the persons subject to the proceedings

Art. 41 Disclosure, nature, enforcement and allocations of fines and periodic penalty payments

Art. 42 Legal status

Art. 43 Composition

Art. 44 Compliance with Union law

Art. 45 Accountability

Art. 46 National parliaments

Art. 47 Independence

Art. 48 Seat

Art. 49 Participation in plenary sessions

Art. 50 Tasks

Art. 51 Meeting of the plenary session of the Board

Art. 52 General provisions on the decision-making process

Art. 53 Participation in the executive sessions

Art. 54 Tasks

Art. 55 Decision-making

Art. 56 Appointment and tasks

Art. 57 Resources

Art. 58 Budget

Art. 59 Part I of the budget on the administration of the Board

Art. 60 Part II of the budget on the Fund

Art. 61 Establishment and implementation of the budget

Art. 62 Internal audit and control

Art. 63 Implementation of the budget, presentation of accounts and discharge

Art. 64 Financial rules

Art. 65 Contributions to the administrative expenditures of the Board

Art. 66 Anti-fraud measures Introduction to Arts. 67-74 SRMR

Art. 67 General provisions

Art. 68 Requirement to establish resolution financing arrangements

Art. 69 Target level

Art. 70 Ex-ante contributions

Art. 71 Extraordinary ex-post contributions

Art. 72 Voluntary borrowing between resolution financing arrangements

Art. 73 Alternative funding means

Art. 74 Access to financial facility

Art. 75 Investments

Art. 76 Mission of the Fund

Art. 77 Use of the Fund

Art. 78 Mutualisation of national financing arrangements in the case of group resolution involving institutions in non-participating Member States

Art. 79 Use of deposit guarantee schemes in the context of resolution

Art. 80 Privileges and immunities

Art. 81 Language arrangements

Art. 82 Staff

Art. 83 Staff exchange

Art. 84 Internal committees

Art. 85 Appeal Panel

Art. 86 Actions before the Court of Justice

Art. 87 Liability of the Board

Art. 88 Professional secrecy and exchange of information

Art. 89 Data protection

Art. 90 Access to documents

Art. 91 Protection of classified and sensitive non-classified information

Art. 92 Court of Auditors

Art. 93 Exercise of the delegation

Art. 94 Review

Art. 95 Amendment to Regulation (EU) No 1093/2010

Art. 96 Replacement of national resolution financing arrangements

Art. 97 Headquarters Agreement and operating conditions

Art. 98 Start of the Board's activities

Art. 99 Entry into force.

ISBN:

9781509963904

1509963901

OCLC:

1353605354