EBA · 2015_1769 Final Q&A

Actions of a Special Manager

Regulation
Directive 2014/59/EU (BRRD)
Article
35, para. 3
Topic
Special management
Submitted by
Competent authority
Submitted
2015-01-30
Answered
2015-01-30
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Is the scope of actions of a special manager mentioned in Article 35(3) of Directive 2014/59/EU (BRRD) an exhaustive list

Background

Article 35 (3) of the BRRD states that measures that can be taken 1cmay include 1d an increase of capital, reorganisation of the ownership structure of the institution or takeovers by institutions that are financially and organisationally sound in accordance with the resolution tools referred to in Chapter IV. Can any other measures be taken beyond these to promote resolution objectives and take resolution actions?

Answer

Article 35(3) of Directive 2014/59/EU (BRRD) enables a special manager to take any measure necessary to promote resolution objectives and implement resolution actions according to the decision of the resolution authority. That provision includes some examples of measures that could be taken, but that is not an exhaustive list.                                                                                                                             It shall be noted that the resolution authority may set limits to the actions that can be taken by the special manager or require that some of them be subject to its prior consent (Article 35(4)) of the BRRD. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Original source: European Banking Authority, Q&A ID 2015_1769

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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