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PART 7Intra-group financial support

CHAPTER 2Authorisation of agreement for group financial support where neither the PRA nor the FCA is the consolidating supervisor

Application and interpretation of Chapter 2

91.—(1) This Chapter applies where, in relation to a relevant group—

(a)neither the PRA nor the FCA is the consolidating supervisor; and

(b)the consolidating supervisor receives an application for authorisation of a group financial support agreement (“the application”) from the EEA parent undertaking.

(2) In this Chapter—

“conditions for financial support” and “conditions for early intervention” have the same meaning as in Chapter 1; and

“financial support”, “group entity”, “group financial support agreement”, “group institution” and “relevant competent authority” have the same meaning for the relevant group as they have for a relevant group in Chapter 1.

Review of group financial support agreement and decision on authorisation

92.—(1) The appropriate regulator must review the group financial support agreement jointly with other relevant competent authorities and the consolidating supervisor.

(2) The purpose of the review is to determine whether—

(a)the terms of the agreement are compatible with the conditions for financial support, including whether they make provision to ensure that financial support would be given in accordance with those conditions; and

(b)any group institution already meets the conditions for early intervention.

(3) The matter referred to in paragraph (2)(a) is to be determined having regard to the potential impact of the agreement, if it is concluded, on the financial stability of any EEA State in which a group entity conducts business.

Joint decision with other competent authorities

93.  The appropriate regulator must endeavour to reach a joint decision on the outcome of the review within four months beginning with the date on which the consolidating supervisor received the application (“the four month period”).

References to EBA

94.  The appropriate regulator may, within the four month period, refer to EBA in accordance with Article 19 of the EBA Regulation any matter relating to the review of the group financial support agreement.

Requesting the assistance of EBA

95.  The appropriate regulator may ask EBA to assist the competent authorities in accordance with Article 31(c) of the EBA Regulation to reach a joint decision on the outcome of the review.

Amendment of authorised agreement

96.—(1) This article applies where—

(a)the parties to an agreement authorised by the consolidating supervisor wish to amend the agreement; and

(b)the amendment has to be authorised before it is made.

(2) If the consolidating supervisor notifies the appropriate regulator that the EEA parent undertaking has submitted an application for authorisation of the amendment (“the amendment application”), the appropriate regulator must treat the amendment application as if it were an application submitted to the consolidating supervisor for authorisation of a group financial support agreement.

(3) Articles 92 to 95 apply for that purpose, but have effect in relation to the amendment application as if—

(a)each reference to a group financial support agreement were a reference to the amendment set out in the amendment application; and

(b)in article 93 the reference to the application were a reference to the amendment application.