Regulatory Alerts2025-02-10 | Circular 02/2025 (A) – Minimum requirements for implementing transfers during a resolution (MaStructural resolution tools)Added · Updated
Circular 02/2025 (A) – Minimum requirements for implementing transfers during a resolution (MaStructural resolution tools)
BaFin establishes minimum requirements for entities under the Single Resolution Mechanism Regulation (SRMR) or German Recovery and Resolution Act (SAG) that are not under the Single Resolution Board's jurisdiction, mandating the maintenance of management information systems and processes necessary for structural resolution tools. These tools include the sale of business, transfer to a bridge institution, and transfer to an asset management company, requiring institutions to ensure operational and financial continuity during share or asset deals. The circular specifies preparatory measures, data provision obligations, and technical structures to avoid impediments to resolvability, with BaFin determining specific implementation timelines during resolution planning. Institutions are exempt from these requirements if BaFin explicitly informs them that a resolution plan provides for liquidation or does not utilize structural resolution tools.
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