EBA欧洲银行-EBA-GL-2015-06_EN_GL-on-the-minimum-list-of-services_5页_139kb

EBA Guidelines on the Minimum List of Services or Facilities for Business Transfers

Core Content

The European Banking Authority (EBA) issued these guidelines under Article 16 of the EBA Regulation (EU) No 1093/2010, aimed at defining the minimum list of services or facilities required to ensure a recipient can effectively operate a business transferred under Article 65(5) of Directive 2014/59/EU. These guidelines provide supervisory practices for resolution authorities to follow when determining the essential services and facilities needed for the continuity of a business transfer.

Main Objectives

• To ensure the continuity of critical business functions during resolution processes.
• To maintain the essential internal infrastructure of the transferred business.
• To avoid any implication of financial risk that could constitute financial support, which is prohibited under Article 65(3) of Directive 2014/59/EU.

Key Information

Scope

• The guidelines apply to resolution authorities.
• They are directed at ensuring the smooth transfer of a business to a recipient during resolution proceedings.

Minimum List of Services or Facilities

Resolution authorities must consider the following categories when identifying necessary services or facilities:

• Human Resources Support

  • Staff administration (including contract and remuneration management)
  • Internal communication

• Information Technology

  • IT and communication hardware
  • Data storage and processing
  • IT infrastructure (workstations, telecommunications, servers, data centres)
  • Software license and application management
  • Access to external providers (data and infrastructure)
  • Application maintenance and data flows
  • Report generation and internal information flows
  • User support
  • Emergency and disaster recovery

• Transaction Processing

  • Legal transactional issues (e.g., anti-money laundering)

• Real Estate and Facility Management

  • Office premises and storage
  • Internal facilities management
  • Security and access control
  • Real estate portfolio management

• Legal Services and Compliance

  • Corporate legal support
  • Business and transactional legal services
  • Compliance support

• Treasury-Related Services

  • Coordination and management of treasury activity
  • Refinancing coordination and collateral management
  • Regulatory liquidity ratio reporting
  • Medium and long-term funding programs and group entity refinancing
  • Short-term refinancing coordination

• Trading/Asset Management

  • Trade capture, design, realisation, and servicing
  • Confirmation, settlement, and payment
  • Position and counterparty management
  • Position management (risk and reconciliation)

• Risk Management and Valuation

  • Risk management for specific risk types or business lines
  • Risk report generation

• Accounting

  • Statutory and regulatory reporting
  • Market position valuation
  • Management reporting

• Cash Handling

Compliance and Implementation

• Resolution authorities are expected to incorporate these guidelines into their supervisory practices, including by amending legal frameworks or processes.
• Competent authorities must notify the EBA by 06.10.2015 whether they comply with or intend to comply with these guidelines, or provide reasons for non-compliance.
• Notifications must be submitted using the form provided in Section 5 to compliance@eba.europa.eu with the reference 'EBA/GL/2015/06'.
• Non-compliance will be assumed if no notification is received by the deadline.
• The guidelines are to be published on the EBA website in accordance with Article 16(3) of the EBA Regulation.

Final Provisions

• These guidelines became effective on 01.08.2015.
• A review of the guidelines is required by 31.07.2017.

These guidelines provide a comprehensive framework for resolution authorities to ensure the continuity of business operations during resolution processes while avoiding any financial support obligations.