Defined terms — 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)
European Union · 32014L0059 · 760 provisions
83 defined in this instrument, 33 borrowed from other acts.
Additional Tier 1 instruments — capital instruments that meet the conditions laid down in Article 52(1) of Regulation (EU) No 575/2013 1
affected creditor — a creditor whose claim relates to a liability that is reduced or converted to shares or other instruments of ownership by the exercise of the write down or conversion power pursuant to the use of the bail-in tool 1
affected holder — a holder of instruments of ownership whose instruments of ownership are cancelled by means of the power referred to in point (h) of Article 63(1) 1
aggregate amount — the aggregate amount by which the resolution authority has assessed that eligible liabilities are to be written down or converted, in accordance with Article 46(1) 1
appropriate authority — authority of the Member State identified in accordance with Article 61 that is responsible under the national law of that State for making the determinations referred to in Article 59(3) 1
asset management vehicle — a legal person that meets the requirements laid down in Article 42(2) 1
asset separation tool — the mechanism for effecting a transfer by a resolution authority of assets, rights or liabilities of an institution under resolution to an asset management vehicle in accordance with Article 42 1
back-to-back transaction — a transaction entered into between two group entities for the purpose of transferring, in whole or in part, the risk generated by another transaction entered into between one of those group entities and a third party 1
bail-in tool — the mechanism for effecting the exercise by a resolution authority of the write-down and conversion powers in relation to liabilities of an institution under resolution in accordance with Article 43 1
branch — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
branch — borrowed from another act; this instrument states no meaning of its own 1
bridge institution — a legal person that meets the requirements laid down in Article 40(2) 1
bridge institution tool — the mechanism for transferring shares or other instruments of ownership issued by an institution under resolution or assets, rights or liabilities of an institution under resolution to a bridge institution, in accordance with Article 40 1
business day — a day other than a Saturday, a Sunday or a public holiday in the Member State concerned 1
central counterparty — a CCP as defined in point (1) of Article 2 of Regulation (EU) No 648/2012;
(65)
‘derivative’, means a derivative as defined in point (5) of Article 2 of Regulation (EU) No 648/2012 1
close-out netting provisions — borrowed from another act; this instrument states no meaning of its own 1
Common Equity Tier 1 instruments — capital instruments that meet the conditions laid down in Article 28(1) to (4), Article 29(1) to (5) or Article 31(1) of Regulation (EU) No 575/2013 1
competent authority — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
competent authority — (i)
competent authority as defined in Article 4(1)(40) of Regulation (EU) No 575/2013, and within the meaning of Directives 2007/64/EC and 2009/110/EC;
(ii)
with regard to Directives 2002/65/EC and 2005/60/EC, the authorities competent for ensuring compliance with the requirements of those Directives by credit and financial institutions;
(iii)
with regard to Directive 2014/49/EU of the European Parliament and of the Council (*11), a designated authority as defined in Article 2(1)(18) of that Directive;
(iv)
with regard to Directive 2014/59/EU of the European Parliament and of the Council (*12), a resolution authority as defined in Article 2(1)(18) of that Directive 2
competent authority — borrowed from another act; this instrument states no meaning of its own 1
competent ministries — finance ministries or other ministries of the Member States which are responsible for economic, financial and budgetary decisions at the national level according to national competencies and which have been designated in accordance with Article 3(5) 1
conditions for resolution — the conditions referred to in Article 32(1) 1
consolidated basis — the basis of the consolidated situation as defined in point (47) of Article 4(1) of Regulation (EU) No 575/2013;
(8)
‘institutional protection scheme’ or 1
consolidating supervisor — borrowed from another act; this instrument states no meaning of its own 1
conversion rate — the factor that determines the number of shares or other instruments of ownership into which a liability of a specific class will be converted, by reference either to a single instrument of the class in question or to a specified unit of value of a debt claim 1
core business lines — business lines and associated services which represent material sources of revenue, profit or franchise value for an institution or for a group of which an institution forms part 1
covered bond — an instrument as referred to in Article 52(4) of Directive 2009/65/EC of the European Parliament and of the Council (26) 1
covered deposits — borrowed from another act; this instrument states no meaning of its own 1
credit institution — borrowed from another act; this instrument states no meaning of its own 1
crisis management measure — a resolution action or the appointment of a special manager under Article 35 or a person under Article 51(2) or under Article 72(1) 1
crisis prevention measure — the exercise of powers to direct removal of deficiencies or impediments to recoverability under Article 6(6), the exercise of powers to address or remove impediments to resolvability under Article 17 or 18, the application of an early intervention measure under Article 27, the appointment of a temporary administrator under Article 29 or the exercise of the write down or conversion powers under Article 59 1
critical functions — activities, services or operations the discontinuance of which is likely in one or more Member States, to lead to the disruption of services that are essential to the real economy or to disrupt financial stability due to the size, market share, external and internal interconnectedness, complexity or cross-border activities of an institution or group, with particular regard to the substitutability of those activities, services or operations 1
cross-border group — a group having group entities established in more than one Member State 1
deposit guarantee scheme — a deposit guarantee scheme introduced and officially recognised by a Member State pursuant to Article 4 of Directive 2014/49/EU 1
depositor — borrowed from another act; this instrument states no meaning of its own 1
derivative — borrowed from another act; this instrument states no meaning of its own 1
designated national macroprudential authority — the authority entrusted with the conduct of macroprudential policy referred to in Recommendation B1 of the Recommendation of the European Systemic Risk Board of 22 December 2011 on the macroprudential mandate of national authorities (ESRB/2011/3) 1
eligible deposits — borrowed from another act; this instrument states no meaning of its own 1
eligible liabilities — the liabilities and capital instruments that do not qualify as Common Equity Tier 1, Additional Tier 1 or Tier 2 instruments of an institution or entity referred to in point (b), (c) or (d) of Article 1(1) that are not excluded from the scope of the bail-in tool by virtue of Article 44(2) 1
emergency liquidity assistance — the provision by a central bank of central bank money, or any other assistance that may lead to an increase in central bank money, to a solvent financial institution, or group of solvent financial institutions, that is facing temporary liquidity problems, without such an operation being part of monetary policy 1
extraordinary public financial support — State aid within the meaning of Article 107(1) TFEU, or any other public financial support at supra-national level, which, if provided for at national level, would constitute State aid, that is provided in order to preserve or restore the viability, liquidity or solvency of an institution or entity referred to in point (b), (c) or (d) of Article 1(1) or of a group of which such an institution or entity forms part 1
financial holding company — borrowed from another act; this instrument states no meaning of its own 1
financial institution — borrowed from another act; this instrument states no meaning of its own 1
group — a parent undertaking and its subsidiaries 1
group entity — a legal person that is part of a group 1
group financing arrangement — the financing arrangement or arrangements of the Member State of the group-level resolution authority 1
group recovery plan — a group recovery plan drawn up and maintained in accordance with Article 7 1
group resolution — either of the following:
(a)
the taking of resolution action at the level of a parent undertaking or of an institution subject to consolidated supervision, or
(b)
the coordination of the application of resolution tools and the exercise of resolution powers by resolution authorities in relation to group entities that meet the conditions for resolution 1
group resolution plan — a plan for group resolution drawn up in accordance with Articles 12 and 13 1
group resolution scheme — a plan drawn up for the purposes of group resolution in accordance with Article 91 1
group-level resolution authority — the resolution authority in the Member State in which the consolidating supervisor is situated 1
home Member State — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
host Member State — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
institution — a credit institution or an investment firm 1
institution under resolution — an institution, a financial institution, a financial holding company, a mixed financial holding company, a mixed-activity holding company, a parent financial holding company in a Member State, a Union parent financial holding company, a parent mixed financial holding company in a Member State, or a Union parent mixed financial holding company, in respect of which a resolution action is taken 1
institutional protection scheme — borrowed from another act; this instrument states no meaning of its own 1
instrument — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
instruments of ownership — shares, other instruments that confer ownership, instruments that are convertible into or give the right to acquire shares or other instruments of ownership, and instruments representing interests in shares or other instruments of ownership 1
intra-group guarantee — a contract by which one group entity guarantees the obligations of another group entity to a third party 1
investment firm — borrowed from another act; this instrument states no meaning of its own 1
investor — an investor within the meaning of point (4) of Article 1 of Directive 97/9/EC of the European Parliament and of the Council (28) 1
IPS — an arrangement that meets the requirements laid down in Article 113(7) of Regulation (EU) No 575/2013 1
management body — borrowed from another act; this instrument states no meaning of its own 1
micro, small and medium-sized enterprises — micro, small and medium-sized enterprises as defined with regard to the annual turnover criterion referred to in Article 2(1) of the Annex to Commission Recommendation 2003/361/EC (29) 1
mixed financial holding company — borrowed from another act; this instrument states no meaning of its own 1
mixed-activity holding company — borrowed from another act; this instrument states no meaning of its own 1
netting — borrowed from another act; this instrument states no meaning of its own 1
netting arrangement — an arrangement under which a number of claims or obligations can be converted into a single net claim, including close-out netting arrangements under which, on the occurrence of an enforcement event (however or wherever defined) the obligations of the parties are accelerated so as to become immediately due or are terminated, and in either case are converted into or replaced by a single net claim, including ‘close-out netting provisions’ as defined in point (n)(i) of Article 2(1) of Directive 2002/47/EC and ‘netting’ as defined in point (k) of Article 2 of Directive 98/26/EC 1
normal insolvency proceedings — collective insolvency proceedings which entail the partial or total divestment of a debtor and the appointment of a liquidator or an administrator normally applicable to institutions under national law and either specific to those institutions or generally applicable to any natural or legal person;
(48)
‘debt instruments’ referred to in points (g) and (j) of Article 63(1) means bonds and other forms of transferable debt, instruments creating or acknowledging a debt, and instruments giving rights to acquire debt instruments 1
own funds — borrowed from another act; this instrument states no meaning of its own 1
own funds requirements — the requirements laid down in Articles 92 to 98 of Regulation (EU) No 575/2013 1
parent financial holding company in a Member State — borrowed from another act; this instrument states no meaning of its own 1
parent institution in a Member State — borrowed from another act; this instrument states no meaning of its own 1
parent mixed financial holding company in a Member State — borrowed from another act; this instrument states no meaning of its own 1
parent undertaking — borrowed from another act; this instrument states no meaning of its own 1
recipient — the entity to which shares, other instruments of ownership, debt instruments, assets, rights or liabilities, or any combination of those items are transferred from an institution under resolution 1
recovery capacity — the capability of an institution to restore its financial position following a significant deterioration 1
recovery plan — a recovery plan drawn up and maintained by an institution in accordance with Article 5 1
regulated market — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
regulated market — borrowed from another act; this instrument states no meaning of its own 1
relevant parent institution — a parent institution in a Member State, a Union parent institution, a financial holding company, a mixed financial holding company, a mixed-activity holding company, a parent financial holding company in a Member State, a Union parent financial holding company, a parent mixed financial holding company in a Member State, or a Union parent mixed financial holding company, in relation to which the bail-in tool is applied 1
relevant third-country authority — a third-country authority responsible for carrying out functions comparable to those of resolution authorities or competent authorities pursuant to this Directive 1
reorganisation measures — borrowed from another act; this instrument states no meaning of its own Article 117 — Amendments to Directive 2001/24/EC
resolution — the application of a resolution tool or a tool referred to in Article 37(9) in order to achieve one or more of the resolution objectives referred to in Article 31(2) 1
resolution action — the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers 1
resolution authority — an authority designated by a Member State in accordance with Article 3 1
resolution college — a college established in accordance with Article 88 to carry out the tasks referred to in Article 88(1) 1
resolution objectives — the resolution objectives referred to in Article 31(2) 1
resolution plan — a resolution plan for an institution drawn up in accordance with Article 10 1
resolution power — a power referred to in Articles 63 to 72 1
resolution tool — a resolution tool referred to in Article 37(3) 1
sale of business tool — the mechanism for effecting a transfer by a resolution authority of shares or other instruments of ownership issued by an institution under resolution, or assets, rights or liabilities, of an institution under resolution to a purchaser that is not a bridge institution, in accordance with Article 38 1
secured liability — a liability where the right of the creditor to payment or other form of performance is secured by a charge, pledge or lien, or collateral arrangements including liabilities arising from repurchase transactions and other title transfer collateral arrangements 1
senior management — borrowed from another act; this instrument states no meaning of its own 1
set-off arrangement — an arrangement under which two or more claims or obligations owed between the institution under resolution and a counterparty can be set off against each other;
(100)
‘financial contracts’ includes the following contracts and agreements:
(a)
securities contracts, including:
(i)
contracts for the purchase, sale or loan of a security, a group or index of securities;
(ii)
options on a security or group or index of securities;
(iii)
repurchase or reverse repurchase transactions on any such security, group or index;
(b)
commodities contracts, including:
(i)
contracts for the purchase, sale or loan of a commodity or group or index of commodities for future delivery;
(ii)
options on a commodity or group or index of commodities;
(iii)
repurchase or reverse repurchase transactions on any such commodity, group or index;
(c)
futures and forwards contracts, including contracts (other than a commodities contract) for the purchase, sale or transfer of a commodity or property of any other description, service, right or interest for a specified price at a future date;
(d)
swap agreements, including:
(i)
swaps and options relating to interest rates; spot or other foreign exchange agreements;… 1
shareholders — shareholders or holders of other instruments of ownership 1
significant branch — a branch that would be considered to be significant in a host Member State in accordance with Article 51(1) of Directive 2013/36/EU 1
subsidiary — borrowed from another act; this instrument states no meaning of its own 1
supervisory college — a college of supervisors established in accordance with Article 116 of Directive 2013/36/EU 1
systemic crisis — a disruption in the financial system with the potential to have serious negative consequences for the internal market and the real economy. All types of financial intermediaries, markets and infrastructure may be potentially systemically important to some degree 1
termination right — a right to terminate a contract, a right to accelerate, close out, set-off or net obligations or any similar provision that suspends, modifies or extinguishes an obligation of a party to the contract or a provision that prevents an obligation under the contract from arising that would otherwise arise 1
third-country institution — an entity, the head office of which is established in a third country, that would, if it were established within the Union, be covered by the definition of an institution 1
third-country parent undertaking — a parent undertaking, a parent financial holding company or a parent mixed financial holding company, established in a third country 1
third-country resolution proceedings — an action under the law of a third country to manage the failure of a third-country institution or a third-country parent undertaking that is comparable, in terms of objectives and anticipated results, to resolution actions under this Directive 1
Tier 2 instruments — capital instruments or subordinated loans that meet the conditions laid down in Article 63 of Regulation (EU) No 575/2013;
(74)
‘relevant capital instruments’ for the purposes of Section 5 of Chapter IV of Title IV and Chapter V of Title IV, means Additional Tier 1 instruments and Tier 2 instruments 1
title transfer financial collateral arrangement — borrowed from another act; this instrument states no meaning of its own 1
transfer powers — the powers specified in point (c) or (d) of Article 63(1) to transfer shares, other instruments of ownership, debt instruments, assets, rights or liabilities, or any combination of those items from an institution under resolution to a recipient 1
Union branch — a branch located in a Member State of a third-country institution 1
Union parent financial holding company — an EU parent financial holding company as defined in point (31) of Article 4(1) of Regulation (EU) No 575/2013 1
Union parent institution — an EU parent institution as defined in point (29) of Article 4(1) of Regulation (EU) No 575/2013 1
Union parent mixed financial holding company — an EU parent mixed financial holding company as defined in point (33) of Article 4(1) of Regulation (EU) No 575/2013 1
Union parent undertaking — a Union parent institution, a Union parent financial holding company or a Union parent mixed financial holding company 1
Union State aid framework — the framework established by Articles 107, 108 and 109 TFEU and regulations and all Union acts, including guidelines, communications and notices, made or adopted pursuant to Article 108(4) or Article 109 TFEU 1
Union subsidiary — an institution which is established in a Member State and which is a subsidiary of a third-country institution or a third-country parent undertaking 1
winding up — the realisation of assets of an institution or entity referred to in point (b), (c) or (d) of Article 1(1) 1
write-down and conversion powers — the powers referred to in Article 59(2) and in points (e) to (i) of Article 63(1) 1