EBA欧洲银行-EBA-GL-2015-04_EN_Guidelines-on-the-sale-of-business-tool_5页_136kb

报告摘要

EBA Guidelines on Factual Circumstances Amounting to a Material Threat to Financial Stability and on the Elements Related to the Effectiveness of the Sale of Business Tool

Status of These Guidelines

These guidelines are issued under Article 16 of Regulation (EU) No 1093/2010, establishing the European Banking Authority (EBA). They outline the EBA's view on appropriate supervisory practices within the European System of Financial Supervision. Competent authorities and financial institutions are expected to comply with these guidelines, either by incorporating them into their supervisory practices or by providing reasons for non-compliance. The EBA will consider authorities non-compliant if no notification is received by 07.10.2015.

Reporting Requirements

Competent authorities must notify the EBA by 07.10.2015 whether they comply or intend to comply with the guidelines, or provide reasons for non-compliance. Notifications should be submitted using the form provided in Section 5 to the EBA via compliance@eba.europa.eu with the reference 'EBA/GL/2015/04'. These notifications will be published on the EBA website.

Title I - Subject Matter, Scope and Definitions

The guidelines define factual circumstances that amount to a material threat to financial stability.
These circumstances arise from or are aggravated by the failure or likely failure of an institution under resolution.
The guidelines also specify elements related to the effectiveness of the sale of business tool in addressing the threat and achieving resolution objectives.

Title II - Circumstances Amounting to a Material Threat to Financial Stability

Resolution authorities should assess the following factual circumstances that may indicate a material threat to financial stability:

(a) Risk of a systemic crisis, as evidenced by the number, size, or significance of institutions at risk of early intervention or resolution, or public financial support.
(b) Risk of discontinuance of critical functions or significant price increases for these functions, based on market conditions or expectations.
(c) Withdrawal of short-term funding or deposits.
(d) Decreases in share prices or asset prices held by institutions, especially where they affect capital.
(e) Reduction in short or medium-term funding available to institutions.
(f) Impairment to the interbank funding market, as shown by increased margin requirements or reduced collateral availability.
(g) Increases in credit default insurance prices or decreases in ratings of institutions or other market participants.

Resolution authorities should evaluate the likelihood of imminent impairment to these elements, which could affect financial stability in one or more Member States.

Title III - Elements Relating to the Effectiveness of the Sale of Business Tool and to Financial Stability

When assessing the effectiveness of the sale of business tool and its impact on financial stability, resolution authorities should consider the following elements:

(a) The risk that transparency requirements may increase uncertainty and loss of market confidence. Marketing processes should not increase the likelihood of the institution entering resolution.
(b) The principle of non-discrimination, ensuring that potential purchasers are treated fairly. Authorities should consider factors such as financial position, structure, and business model that may influence the stability of the institution.
(c) The need to ensure that conflict of interest arrangements do not hinder the timely and effective implementation of the resolution action. Authorities should be aware of the inherent risks of conflicts due to limited market participants.
(d) The justification for incentivizing purchasers or limiting their risk, particularly in the context of rapid resolution actions and financing arrangements.
(e) The need to maximize the sale price, while considering the urgency of resolution and the importance of continuing critical functions. Authorities should prioritize financial stability over maximizing sale price in certain areas.