16 Amendments of Alain CADEC related to 2016/0362(COD)
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
Directive 2014/59/EU
Article 2 – paragraph 1 – point 83b
Article 2 – paragraph 1 – point 83b
(83b) 'resolution group' means a resolution entity and its subsidiaries that are not resolution entities themselves and that are not subsidiaries of another resolution entity; when the resolution entity of the resolution group is the central body of a network or a cooperative group, the credit institutions permanently affiliated to this central body are also part of the resolution group.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 18
Article 1 – paragraph 18
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 19
Article 1 – paragraph 19
Directive 2014/59/EU
Article 29a – paragraph 1
Article 29a – paragraph 1
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2 a. For each institution affiliated to cooperative institutions, authorities shall consider adding to own funds and eligible liabilities of this institution the irrevocable financial support provided by other affiliated institutions through legally- based internal solidarity mechanism to fulfil the requirement.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3 – subparagraph 1
Article 45b – paragraph 3 – subparagraph 1
Resolution authorities may decide that the requirement referred to in Article 45f is fully or partially met by resolution entities with instruments that meet all conditions referred to in Article 72a of Regulation (EU) No 575/2013 with a view to ensure that the resolution entity can be resolved in a manner suitable to meet the resolution objectives. The level of the requirement that is to be covered by instruments that meet the conditions set out in Article 72b of Regulation (EU) No 575/2013 shall not exceed the level that arises or would arise from the application of Article 92a(1) of that Regulation taking into account the allowance specified in article 72b paragraph 3 and the transitional provisions specified in Article 494 of that Regulation.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Article 45c – paragraph 3 – subparagraph 1 – introductory part
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
(ii) a recapitalisation amount that allows the resolution group resulting from resolution to restore its total capital ratio referred in Article 92(1)(c) of Regulation (EU) No 575/2013 and its requirement referred to in Article 104a of Directive 2013/36/EU at resolution group sub- consolidated level;
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 1 – introductory part
Article 45c – paragraph 4 – subparagraph 1 – introductory part
4. Without prejudice to the last subparagraph, fFor entities that are not themselves resolution entities, the amount referred to in paragraph 2 shall not exceed the greater of any of the following:
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 4 – subparagraph 4
Article 45c – paragraph 4 – subparagraph 4
The resolution authority shall set the recapitalisation amounts referred to the previous subparagraphs in accordance with the resolution actions foreseen in the resolution plan and may adjustin particular reflecting those rdecapitalisation amounts to adequately reflect risks that affect the recapitalisation needs arising from the entity's business model, funding profile and overall risk profilerease of the total risk exposure amount and of the leverage ratio exposure measure resulting from the resolution actions.
Amendment 366 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45d – paragraph 1 – point b
Article 45d – paragraph 1 – point b
(b) any additional requirement for own funds and eligible liabilities determined by the resolution authority specific to the entity in accordance with paragraph 2, which shall be met with liabilities that meet the conditions of Article 45b. (1) and (2). This additional requirement shall be only provided and calculated with respect to the requirement referred to in point (a) of Article 45(2).
Amendment 415 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 1 – subparagraph 1
Article 45g – paragraph 1 – subparagraph 1
Institutions that are material subsidiaries as defined in Regulation (EU) No 575/2013 of a resolution entity and are not resolution entities themselves shall comply with the requirements laid down in Articles 45c to 45e on an individual basis. A resolution authority may, after having consulted the competent authority, decide to apply the requirement laid down in this Article to an entity referred to in points (b), (c) or (d) of Article 1(1) that is a subsidiary of a resolution entity and is not a resolution entity itself.
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 2 – point d a (new)
Article 45g – paragraph 2 – point d a (new)
Amendment 457 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 5 – point a
Article 45g – paragraph 5 – point a
Amendment 473 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 5 – point g
Article 45g – paragraph 5 – point g
Amendment 478 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 5 a (new)
Article 45g – paragraph 5 a (new)
Amendment 483 #
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g a (new)
Article 45g a (new)
Article 45g a Waiver for credit institutions permanently affiliated to a central body The resolution authority shall, in accordance with national law, waive the application of Articles 45f or 45g to one or more credit institutions permanently affiliated to a central body, where all the following conditions are met: (a) the credit institutions and the central body are subject to supervision by the same competent authority and are established in the same Member State and are part of the same resolution group; (b) the competent authority of the credit institution has fully waived the application of individual capital requirements of the credit institution pursuant to Article 10 of Regulation (EU) No 575/2013; (c) the resolution group complies with the requirement referred to in Article 45f(3); (d) there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities between the central body and the affiliated credit institutions in case of resolution.