15 Amendments of Markus FERBER related to 2012/0150(COD)
Amendment 152 #
Proposal for a directive
Recital 10
Recital 10
(10) National Authorities should take into account the risk, size and interconnectedness of an institutionnature, extent and complexity of the activity as well as the risk, size, legal form and interconnectedness of an institution, and whether it is part of a joint liability scheme, in the context of recovery and resolution plans and when using the different tools at their disposal, making sure that the regime is applied in an appropriate and proportionate way.
Amendment 208 #
Proposal for a directive
Recital 30
Recital 30
(30) The limitations on the rights of shareholders and creditors should be in accordance with Article 52 of the Charter of Fundamental Rights. The resolution tools should therefore be applied only to those institutions that are failing or likely to fail, and only when it is necessary to pursue the objective of financial stability in the general interest. Consequently, the resolution tools are not applicable to credit institutions in public ownership covered by a letter of guarantee from a Member State or a subsidiary level of public authority in a Member State. In particular, resolution tools should be applied where the institution cannot be wound up under normal insolvency proceedings without destabilizing the financial system and the measures are necessary in order to ensure the rapid transfer and continuation of systemically important functions and where there is no reasonable prospect for any alternative private solution, including any increase of capital by the existing shareholders or by any third party sufficient to restore the full viability of the institution.
Amendment 215 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) Member States should be required to take note that the bail-in procedure is not equally appropriate for credit institutions of every legal form.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 (new)
Article 1 – paragraph 1 – subparagraph 1 (new)
Credit institutions in public ownership covered by a letter of guarantee from a Member State or a subsidiary level of public authority in a Member State shall be excluded from the scope of this Directive.
Amendment 352 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Having regard to the impact that the failure of the institution could have, due to the nature of its business, its size, its membership of a joint liability scheme or its interconnectedness to other institutions or to the financial system in general, on financial markets, on other institutions, on funding conditions, Member States shall ensure that competent and resolution authorities determine the extent to which the following apply to institutions:
Amendment 374 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The authorities and, where applicable, resolution authorities, in their decision on simplified obligations, may also waive the requirement that an institution draw up recovery and resolution plans and/or review and update such plans annually.
Amendment 388 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that each institution which is not part of a joint liability scheme draws up and maintains a recovery plan providing, through measures taken by the management of the institution or by a group entity, for the restoration of its financial situation following significant deterioration. Recovery plans shall be considered as a governance arrangement within the meaning of Article 22 of Directive 2006/48/EC.
Amendment 459 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that parent undertakings or institutions or joint liability schemes that are subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC draw up and submit to the consolidating supervisor a group recovery plan that includes a recovery plan for the whole group, including for the companies referred to in points (c) and (d) of Article 1, as well as a recovery plan for each institution that is part of the group.
Amendment 481 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The group recovery plan shall include for the whole group and for each of its entities the elements and arrangements provided in Article 5. It shall also include, where applicable, arrangements for possible intra-group financial support adopted in accordance with any agreement for group financial support that has been concluded in accordance with Article 16.
Amendment 526 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Resolution authorities, in consultation with competent authorities, shall draw up a resolution plan for each institution that is not part of a group subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC or of a joint liability scheme. The resolution plan shall provide for the resolution actions which the resolution and competent authorities may take where the institution meets the conditions for resolution. A recovery scheme need not be drawn up in the case of institutions whose failure would not have a destabilising effect on other institutions or on the financial system as a whole.
Amendment 563 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that resolution authorities draw up group resolution plans. GA group resolution plans shall include both is a plan for resolution at the level of the parent undertaking or the joint liability scheme or the institution subject to consolidated supervision pursuant to Article 125 and 126 of Directive 2006/48/EC and the resolution plans for the individual subsidiary institutions drawn up in accordance with Article 9 of this Directive. The group resolution plans shall also include plans for the resolution of the companies referred to in points (c) and (d) of Article 1 and plans for the resolution of institutions with branches in other Member States in compliance with the provisions of Directive 2001/24/EC.
Amendment 902 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that, in the case of resolution measures, the proportionality principle and the particularities of the legal form taken by a credit institution are strictly respected.
Amendment 1055 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. Member States shall ensure that credit institutions in respect of which a resolution authority has ordered a bail-in also have the option of using other suitable, similarly effective tools for recapitalisation.
Amendment 1430 #
Proposal for a directive
Article 91 – paragraph 3 a (new)
Article 91 – paragraph 3 a (new)
3 a. Member States may exempt institutions from the payment of a contribution to the financing arrangement if they are publicly owned and have a guarantee from a Member State or a subsidiary national level of a Member State.
Amendment 1535 #
Proposal for a directive
Article 97
Article 97