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AI Summary of Annex, Section C Matters that the resolution authority is to consider when assessing the resolvability of an institution or group

When assessing the resolvability of an institution or group (references to an institution include entities referred to in Article 1(1)(c) or (d)), the resolution authority shall consider: the ability to map core business lines and critical operations to legal persons; alignment of legal and corporate structures with those business lines; arrangements for essential staff, infrastructure, funding, liquidity and capital; robustness and enforceability of service agreements including ICT contracts; digital operational resilience of network and information systems and results of DORA testing; governance for service-level agreements; transition processes for services; contingency for access to payment and settlement systems; and the adequacy, resilience and testing of management information systems, including depositor identification.

The authority shall also consider intra-group arrangements (guarantees and back-to-back transactions), whether they are at market conditions and their risk management, the extent to which such arrangements increase contagion, the complexity and legal structure of the group, amount and type of bail-inable liabilities, effects on non-financial parts of mixed activity groups, the robustness of service-level agreements, third-country authorities’ resolution tools and coordination, the feasibility and credibility of using resolution tools, the ability to resolve whole groups or entities without significant adverse effects, cross-jurisdictional facilitation and the potential impact on the financial system, market confidence and payment and settlement systems.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 16 January 2023 - onwards
Version 4 of 4

Annex, Section C Matters that the resolution authority is to consider when assessing the resolvability of an institution or group

When assessing the resolvability of an institution or group, the resolution authority shall consider the following:

When assessing the resolvability of a group, references to an institution shall be deemed to include any institution or entity referred to in point (c) or (d) of Article 1(1) within a group:

(1) the extent to which the institution is able to map core business lines and critical operations to legal persons;

(2) the extent to which legal and corporate structures are aligned with core business lines and critical operations;

(3) the extent to which there are arrangements in place to provide for essential staff, infrastructure, funding, liquidity and capital to support and maintain the core business lines and the critical operations;

(4) the extent to which the service agreements, including contractual arrangements on the use of ICT services, that the institution maintains are robust and fully enforceable in the event of resolution of the institution;