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AI Summary of Article 12 Group resolution plans
Member States must ensure group-level resolution authorities, together with subsidiary and significant-branch authorities, prepare group resolution plans identifying measures for the Union parent, Union subsidiaries, specified entities and, subject to Title VI, non‑Union subsidiaries. Plans must identify resolution entities, resolution groups and, where appropriate, liquidation entities. For subsidiaries that are not resolution entities a commensurate approach may be adopted if resolvability is not impaired, taking account of size, risk profile, critical functions, operational continuity, group strategy and the subsidiary’s importance for the Member State and deposit guarantee schemes. Entities subject to winding‑up under Article 32b or Article 37(6) are excluded.
Plans, based on information under Article 11 and relevant elements of Article 10, must set out resolution actions for the scenarios in Article 10(3), implications across group entities and between resolution groups, the coordinated use of resolution tools and potential impediments, facilitation of sales of the group or business lines, arrangements for third‑country cooperation, measures (including legal or economic separation) to facilitate resolution, any additional intended actions and financing arrangements with equitable cross‑Member‑State sharing principles. Plans must not assume extraordinary public financial support or central bank emergency or non‑standard liquidity assistance, must include the assessment of resolvability under Article 16, avoid disproportionate impact on any Member State, and reflect EBA regulatory technical standards (due 3 July 2015); EBA will monitor methodologies and report to the Commission by 11 May 2031.
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Article 12 Group resolution plans
1. Member States shall ensure that group-level resolution authorities, together with the resolution authorities of subsidiaries and after consulting the resolution authorities of significant branches insofar as is relevant to the significant branch, draw up group resolution plans. The group resolution plan shall identify measures to be taken in respect of:
(a) the Union parent undertaking;
(b) the subsidiaries that are part of the group and that are established in the Union;
(c) the entities referred to in points (c) and (d) of Article 1(1); and
(d) subject to Title VI, the subsidiaries that are part of the group and that are established outside the Union.
In accordance with the measures referred to in the first subparagraph, the resolution plan shall identify for each group the resolution entities and the resolution groups and, where appropriate, the liquidation entities.