PART 2Subsidy control requirements

CHAPTER 2Prohibitions and other requirements

Ailing or insolvent enterprises

I1I221Restructuring deposit takers or insurance companies

1

A subsidy for restructuring an ailing or insolvent deposit taker or insurance company is prohibited by this section unless the conditions in subsections (2) to (4) are met.

2

The condition in this subsection is that—

a

the subsidy is given on the basis of a restructuring plan, and

b

the public authority giving the subsidy is satisfied that the restructuring plan—

i

is credible, and

ii

is likely to restore long-term viability.

3

The condition in this subsection is that the beneficiary of the subsidy, its shareholders, its creditors or the business group to which the beneficiary belongs—

a

have contributed significantly to the restructuring costs from their own resources, or

b

have a contractual obligation to do so.

4

The condition in this subsection is that the public authority giving the subsidy has been or reasonably expects to be properly remunerated for the subsidy.