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Author:   Prof. Dr. Jens-Hinrich Binder (Eberhard Karls University of Tübingen, Germany) ,  Christos V Gortsos (National and Kapodistrian University of Athens, Greece) ,  Klaus Lackhoff (Frankfurt office of Freshfields, Germany) ,  Christoph Ohler (Friedrich Schiller University, Germany)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Nomos/Hart
ISBN:  

9781509963898

ISBN 10:   1509963898
Pages:   1280
Publication Date:   02 June 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of 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

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Author Information

Jens-Hinrich Binder is Professor of Law at Eberhard-Karls-Universitaet Tuebingen, Germany. Christos V Gortsos is Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens, Greece. Klaus Lackhoff is Counsel in the Frankfurt office of Freshfields, Germany. Christoph Ohler is Chair of Public Law, European Law, International Law and International Business Law at Friedrich Schiller University, Germany.

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