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AI Summary of Article 17 Powers to address or remove impediments to resolvability

Where a resolution authority, after consulting the competent authority, determines following an assessment of resolvability that substantive impediments exist it shall notify the entity, the competent authority and resolution authorities in jurisdictions of significant branches. Resolution planning obligations are suspended until the impediments are accepted or otherwise decided. The entity must propose measures within four months; where the impediment arises from non‑compliance with Articles 45e or 45f or the combined buffer requirement it must propose measures and an implementation timeline within two weeks. The resolution authority shall assess proposed measures and, if acceptable, require their implementation or, if not, require alternative measures and a compliance plan within one month.

The resolution authority has powers to require revision of intra‑group financing or service agreements, limits on exposures, additional information, asset divestments, restrictions or cessation of activities, limits on business lines or products, changes to legal or operational group structures to reduce complexity, establishment of parent financial holding companies, restoration plans, issuance or renegotiation of eligible liabilities, changes to maturity profiles and separation of mixed‑activity holdings. Decisions must be reasoned, proportionate and subject to appeal; the authority shall consider effects on the entity, the internal market and Union financial stability. EBA shall issue guidelines by 3 July 2015.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 10 May 2026 - onwards
Version 4 of 4

Article 17 Powers to address or remove impediments to resolvability

1. Member States shall ensure that when, pursuant to an assessment of resolvability for an entity carried out in accordance with Articles 15 and 16, a resolution authority, after consulting the competent authority, determines that there are substantive impediments to the resolvability of that entity, that resolution authority shall notify in writing that determination to the entity concerned, to the competent authority and to the resolution authorities of the jurisdictions in which significant branches are located.

2. The requirement for resolution authorities to draw up resolution plans and for the relevant resolution authorities to reach a joint decision on group resolution plans in Article 10(1) and Article 13(4) respectively shall be suspended following the notification referred to in paragraph 1 of this Article until the measures to remove the substantive impediments to resolvability have been accepted by the resolution authority pursuant to paragraph 3 of this Article or decided pursuant to paragraph 4 of this Article.