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Directive 2014/59/EU of the European Parliament and of the CouncilShow full title

Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (Text with EEA relevance)

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SECTION A Information to be included in recovery plans

The recovery plan shall include the following information:

(1)

A summary of the key elements of the plan and a summary of overall recovery capacity;

(2)

a summary of the material changes to the institution since the most recently filed recovery plan;

(3)

a communication and disclosure plan outlining how the firm intends to manage any potentially negative market reactions;

(4)

a range of capital and liquidity actions required to maintain or restore the viability and financial position of the institution;

(5)

an estimation of the timeframe for executing each material aspect of the plan;

(6)

a detailed description of any material impediment to the effective and timely execution of the plan, including consideration of impact on the rest of the group, customers and counterparties;

(7)

identification of critical functions;

(8)

a detailed description of the processes for determining the value and marketability of the core business lines, operations and assets of the institution;

(9)

a detailed description of how recovery planning is integrated into the corporate governance structure of the institution as well as the policies and procedures governing the approval of the recovery plan and identification of the persons in the organisation responsible for preparing and implementing the plan;

(10)

arrangements and measures to conserve or restore the institution’s own funds;

(11)

arrangements and measures to ensure that the institution has adequate access to contingency funding sources, including potential liquidity sources, an assessment of available collateral and an assessment of the possibility to transfer liquidity across group entities and business lines, to ensure that it can continue to carry out its operations and meet its obligations as they fall due;

(12)

arrangements and measures to reduce risk and leverage;

(13)

arrangements and measures to restructure liabilities;

(14)

arrangements and measures to restructure business lines;

(15)

arrangements and measures necessary to maintain continuous access to financial markets infrastructures;

(16)

arrangements and measures necessary to maintain the continuous functioning of the institution’s operational processes, including infrastructure and IT services;

(17)

preparatory arrangements to facilitate the sale of assets or business lines in a timeframe appropriate for the restoration of financial soundness;

(18)

other management actions or strategies to restore financial soundness and the anticipated financial effect of those actions or strategies;

(19)

preparatory measures that the institution has taken or plans to take in order to facilitate the implementation of the recovery plan, including those necessary to enable the timely recapitalisation of the institution;

(20)

a framework of indicators which identifies the points at which appropriate actions referred to in the plan may be taken.

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