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AI Summary of Article 37 General principles of resolution tools
Member States shall ensure resolution authorities have powers to apply resolution tools to institutions and to entities referred to in points (b), (c) and (d) of Article 1(1) that meet resolution conditions. Where resolution action would impose losses on creditors or convert claims, authorities shall write down and convert capital instruments and eligible liabilities under Article 59 immediately before or with the tool. The four tools are sale of business, bridge institution, asset separation and bail‑in; tools may be used singly or in combination, but asset separation only with another tool. Partial transfers via sale or bridge require orderly winding up of any residual entity within a reasonable timeframe, subject to specified exceptions and valuation safeguards.
Authorities and financing arrangements may recover reasonable expenses by deduction from consideration paid, as a preferred creditor of the institution, or from proceeds on termination of a bridge or asset management vehicle. National insolvency voidability rules must not apply to transfers effected by resolution or government stabilisation tools. Member States may confer additional compatible powers. In a systemic crisis, government stabilisation funding is available only after bail‑in absorbtion of at least 8% of total liabilities including own funds and prior Union State aid approval. EBA shall monitor preparations and report to the Commission by 11 May 2028, covering bail‑in arrangements, operationalisation of other tools and transparency.
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Article 37 General principles of resolution tools
1. Member States shall ensure that resolution authorities have the necessary powers to apply the resolution tools to institutions and to entities referred to in point (b), (c) or (d) of Article 1(1) that meet the applicable conditions for resolution.
2. Where a resolution authority decides to apply a resolution tool to an institution or entity referred to in point (b), (c) or (d) of Article 1(1), and that resolution action would result in losses being borne by creditors or their claims being converted, the resolution authority shall exercise the power to write down and convert capital instruments and eligible liabilities in accordance with Article 59 immediately before or together with the application of the resolution tool.
3. The resolution tools referred to in paragraph 1 are the following:
(a) the sale of business tool;