3 Amendments of Alain CADEC related to 2016/0365(COD)
Amendment 251 #
Proposal for a regulation
Recital 42
Recital 42
(42) Affected shareholders, clearing participantmembers and creditors should not incur losses greater than those which they would have incurred if the resolution authority woulhad not have taken resolution action in relation to the CCP and if they woulhad instead have been subject to possible outstanding obligations pursuant to the CCP's recovery plan or otherand all other contractual arrangements in its operating rules or, and the CCP hads been wound up inunder normal insolvency proceedings, properly taking into account any adverse effects of systemic instability and market turmoil. In the event of a partial transfer of assets of a CCP under resolution to a private purchaser or to a bridge CCP, the residual part of the CCP under resolution should be wound up under normal insolvency proceedings.
Amendment 580 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
Where, in accordance with the valuation carried out under Article 61, any shareholder, creditor or clearing participantmembers has incurred greater losses than it would have incurred if the resolution authority would not have taken resolution action in relation to the CCP and they would instead have been subject to possible outstanding obligations pursuant to the CCP's recovery plan or other arrangements in its operating rules or the CCP had been wound up under normal insolvency proceedings, that shareholder, creditor or clearing participant shall be entitled to the payment of the difference.
Amendment 584 #
Proposal for a regulation
Article 72 – paragraph 4 a (new)
Article 72 – paragraph 4 a (new)
4a. The lodging of an appeal shall not entail any automatic suspension of the effects of the challenged decision.