3 Amendments of Dan JØRGENSEN related to 2012/0150(COD)
Amendment 1085 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point b
Article 38 – paragraph 2 – subparagraph 1 – point b
(b) secured liabilities, such as all liabilities that are issued in a covered bond cover pool and related derivatives which have privileged status in the cover pool;
Amendment 1118 #
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 2
Article 38 – paragraph 2 – subparagraph 2
Points (a) and (b) of paragraph 2 shall not prevent resolution authorities, where appropriate, from exercising those powers in relation to any part of a secured liability or a liability for which collateral has been pledged that exceeds the value of the assets, pledge, lien or collateral against which it is secured. Member States mayshall exempt from this provision covered bonds as defined in Article 22(4) of Council Directive 86/611/EECall secured liabilities; Member States shall secure that all assets and liabilities related to a covered bond cover pool remain unaffected and segregated.
Amendment 1150 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that the institutions maintain, at all times, a sufficient aggregate amount of own funds and eligible liabilities expressed as a percentage of the total liabilities of the institution that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC excluding covered bonds which fulfil the requirements in Article 52(4) of Council Directive 2009/65/EEC and are issued by an institution whose orderly and controlled winding down with insolvency remote and segregated cover pools is explicitly provided for in the legislation of the Member State.