Each Member State shall designate one, or exceptionally more, resolution authorities empowered to apply resolution tools and exercise resolution powers. Resolution authorities must be public administrative authorities and may be national central banks, competent ministries or other public authorities, and exceptionally the prudential competent authorities under Regulation (EU) No 575/2013 and Directive 2013/36/EU. Member States must ensure operational independence, structural separation of staff and reporting lines between resolution and supervisory or other functions, adopt internal rules on professional secrecy and information exchange, and require close cooperation in preparation, planning and application of resolution decisions. A single ministry must be designated as the competent ministry; where the resolution authority is not that ministry it must inform the ministry and, unless national law provides otherwise, obtain its approval before implementing decisions with direct fiscal impact or systemic implications. Decisions by competent authorities, resolution authorities and the EBA shall take into account potential impacts across Member States and minimise negative effects on financial stability and economic and social outcomes; EBA decisions are subject to Article 38 of Regulation (EU) No 1093/2010.

Member States shall ensure each resolution authority has the expertise, resources and operational capacity to act promptly and flexibly to achieve resolution objectives. EBA, with competent and resolution authorities, shall develop required expertise, monitor implementation of these requirements and conduct periodical peer reviews. Where more than one authority is designated, Member States must notify EBA and the Commission with reasons, allocate functions clearly, ensure coordination and designate a single contact authority for cross‑border cooperation. Member States shall inform EBA of designated resolution and contact authorities and EBA shall publish the list. Without prejudice to Article 85, Member States may limit liability of resolution and competent authorities and their staff in accordance with national law for acts and omissions in discharging functions under this Directive.