AI Summary of Article 10 Resolution plans
The resolution authority shall draw up a resolution plan for each institution not subject to consolidated supervision under Articles 111 and 112 of Directive 2013/36/EU, after consulting the competent authority and, where relevant, resolution authorities of jurisdictions with significant branches. A plan shall not be adopted where winding‑up proceedings have been initiated pursuant to Article 32b or where Article 37(6) applies. The authority must identify material impediments to resolvability, outline proportionate measures under Chapter II, consider idiosyncratic and system‑wide failure scenarios, exclude assumptions of extraordinary public support or non‑standard central bank assistance, analyse likely central bank collateral, and may require institutional cooperation. Plans are reviewed at least annually and after material legal, organisational, business or financial changes, and after implementation of resolution actions; deadlines shall account for Article 104b of Directive 2013/36/EU.
The plan must set out options for applying Title IV resolution tools and powers and include, where possible, quantified elements: a summary of the plan and material changes; demonstration of legal and economic separation of critical functions and core business to ensure continuity and digital operational resilience; execution timeframes; resolvability assessment and required measures under Article 17; valuation and marketability processes; information arrangements; a financing explanation without extraordinary public or non‑standard central bank support; alternative resolution strategies with timescales; critical interdependencies; arrangements to preserve access to payments, clearing and portability of client positions; employee impact and consultation procedures; communications plan; requirements and timelines under Articles 45b, 45e, 45f and 45m; essential operational and network/information systems per Regulation (EU) 2022/2554; and any institution opinion. Member States shall empower resolution authorities to require detailed records of financial contracts with specified production time‑limits, potentially varying by contract type, without affecting competent authority information powers. EBA, after consulting the ESRB, shall deliver draft regulatory technical standards by 3 July 2015 for adoption by the Commission and shall review and, if appropriate, update those standards to reflect Chapter II of Regulation (EU) 2022/2554.
Article 10 Resolution plans
1. The resolution authority, after consulting the competent authority and after consulting the resolution authorities of the jurisdictions in which any significant branches are located insofar as is relevant to the significant branch shall draw up a resolution plan for each institution that is not part of a group subject to consolidated supervision pursuant to Articles 111 and 112 of Directive 2013/36/EU. The resolution plan shall provide for the resolution actions which the resolution authority may take where the institution meets the conditions for resolution. Information referred to paragraph 7(a) shall be disclosed to the institution concerned.
The resolution authority shall not adopt a resolution plan where proceedings have been initiated to wind up an institution in accordance with the applicable national law pursuant to Article 32b, or where Article 37(6) applies.