TITLE IV

RESOLUTION
CHAPTER IV

Resolution tools
Section 5

The bail-in tool
Subsection 2

Minimum requirement for own funds and eligible liabilities

Breaches of the minimum requirement for own funds and eligible liabilities
Article 45k
1
Any breach of the minimum requirement for own funds and eligible liabilities referred to in Article 45e or Article 45f shall be addressed by the relevant authorities on the basis of at least one of the following:
a
powers to address or remove impediments to resolvability in accordance with Articles 17 and 18;
b
powers referred to in Article 16a;
c
measures referred to in Article 104 of Directive 2013/36/EU;
d
early intervention measures in accordance with Article 27;
e
administrative penalties and other administrative measures in accordance with Articles 110 and 111.
The relevant authorities may also carry out an assessment of whether the institution or entity referred to in points (b), (c) and (d) of Article 1(1) is failing or is likely to fail, in accordance with Article 32, 32a or Article 33, as applicable.
2
Resolution and competent authorities shall consult each other when they exercise their respective powers referred to in paragraph 1.
Substituted by Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019 amending Directive 2014/59/EU as regards the loss-absorbing and recapitalisation capacity of credit institutions and investment firms and Directive 98/26/EC.