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In accordance with the decision of the Parliament:
This law provides for a consortium of deposit banks ( Association ) A cooperative cooperative ( Central entity ) As well as of the depositary and other credit institutions ( Member credit institution ) And the requirements of other undertakings belonging to the consortium. Cooperative law applies to the Central Community (241/2013) And a credit institution in respect of credit institutions (10/2014) , subject to this law.
The consortium consists of:
(1) the central body;
(2) undertakings belonging to the consolidating group of the central Community;
(3) credit institutions;
(4) enterprises belonging to the consolidation groups of credit institutions;
(5) credit institutions, financial institutions and service companies whose voting rights are jointly owned by more than half of the above entities.
The consortium shall be incurred when the central entity is registered or, if a formerly registered cooperative has applied for the authorisation of a central entity, its rules under this law have been registered and has been authorised under this Act. The central entity of the consortium.
For the purposes of this law, an insurance company which, to a significant degree, does not engage in any business other than the granting of credit insurance to affiliated credit institutions shall be regarded as a service company.
Article 10 provides for the termination of the consortium.
A general condition for the formation of a consortium shall be:
(1) the central body shall direct and supervise its credit institutions in accordance with this law;
(2) the consolidation of the minimum level of own funds and the liquidity of the undertakings in the consortium are subject to a consolidated supervision at the level of the pool in accordance with this law;
(3) Whereas the central body is responsible for the debts of its members and the credit institutions are required to take part in the activities necessary to prevent the settlement of the liquidation of a single member institution and the central entity's individual credit institution; The payment of the debt to be paid in accordance with this law;
4) the majority of credit institutions are deposit banks.
The central entity is a cooperative, within the meaning of Article 1 of Chapter 1 of the Cooperative Act, which is entitled to direct credit institutions. The central entity shall be authorised under Chapter 2 of this Act. (14.6.2010)
The Central Community may provide the services required by the association of undertakings belonging to the consortium, holds shares and shares in the companies belonging to the consortium and is engaged in other investment activities which are justified by the association. The Central Community shall not engage in any significant other business. For the purposes of this paragraph, a company belonging to a consortium shall also be treated in the same way as the law on the supervision of financial and insurance groups. (699/2004) A company belonging to a financial and insurance group, if the central entity or its member credit institution is a holding entity within the meaning of that law.
The Central Community Consolidation Group shall include a central entity and a credit institution, a foreign credit institution, a financial institution and a service company which is a central entity in the accounting law of the central (136/1997) A subsidiary undertaking.
In addition to the provisions of Section 3 of Chapter 2 of the Cooperative Act, the statutes of the Central Community shall stipulate that: (14.6.2010)
(1) the central entity is the central body of the consortium within the meaning of this Law, which shall form an association together with the other undertakings referred to in Article 2 of this Act;
(2) a credit institution whose rules or articles of association are in accordance with Article 6 of this Act may be admitted as a member of the Central Community;
(3) the central entity shall be responsible for the debts and liabilities of credit institutions in accordance with this law;
(4) the central entity has an obligation under this law to supervise the activities of credit institutions, to provide them with advice on risk management, reliable management and internal control, in order to safeguard their liquidity and solvency; and Instructs them to comply with the uniform accounting principles in the preparation of the consolidated financial statements of the pool;
(5) the members of the central community are subject to an unlimited supplementary payment, within the meaning of Article 11 of Chapter 14 of the cooperative law, in the liquidation and bankruptcy of the central community, the basis of which is the balance sheet total of the last consolidated balance sheet of the member institution; (14.6.2010)
(6) the central entity has the right to lay down general principles of action for Member States' credit institutions in the context of such an association.
The statutes of the Central Community may provide that, notwithstanding Article 10 of Chapter 5 of the Cooperative Act, the subsidiary of the Central Community may participate in a meeting of the cooperative and that such a subsidiary shall have the right to speak at the meeting of the cooperative but not the right to vote. (14.6.2010)
In addition to the rest of the law, the statutes or articles of association of the Member States shall stipulate that:
(1) a member credit institution is a member of the Central Community referred to in the Statute and is part of a consortium within the meaning of this law;
(2) the central entity shall, in accordance with this law, supervise the activities of the affiliated credit institution, lay down the operating principles referred to in Article 5, and issue instructions to the credit institution to safeguard its liquidity and solvency; The management of solvency and risks, reliable management and internal control, as well as guidelines to ensure compliance with the uniform accounting principles in the preparation of the consolidated financial statements of the pool;
(3) a member credit institution shall be obliged to contribute, in accordance with Chapter 5, to the payment of the necessary support to the settlement of the liquidation of another member institution and to the payment of the debt by the second member of the central Community.
Any change to the rules or articles of association referred to in Article 8, other than those referred to in Article 8, shall not be entered in the trade register unless the central body has approved the amendment.
A credit institution may become a member of the Central Community where the rules or articles of association pursuant to Article 6 have been adopted. The decision to adopt rules or articles of association shall be valid only if, on its behalf, at least two thirds of the votes cast have been put to the vote, or at the general meeting, at least two-thirds of the votes cast, Two thirds of the votes cast and the shares represented at the meeting.
The credit institution shall have the right to withdraw from the Central Community by deciding on the modification of the provisions referred to in Article 6 of the Rules or Articles of Association and by informing the Government of the central Community in writing if: The amount of own funds of the companies will remain in accordance with the provisions laid down in Article 19. The decision shall be valid only if it is supported or supported by a majority of votes and shares in accordance with Article 7. The maintenance of solvency shall be verified by the calculation of the auditors of the central Community.
A member credit institution may be separated from the Central Community in accordance with Section 3 of Chapter 3 of the Cooperative Society or where a member institution has failed to comply with the instructions issued by the central entity pursuant to Article 17 of this Act, in a manner which significantly undermines the liquidity of the Or the application of uniform principles for the management of solvency or the preparation of financial statements, or the supervision of compliance with them in a consortium, or where a member credit institution acts essentially on the basis of Contrary to the general principles of the association. The central entity shall inform the financial supervision of the meeting of the body responsible for the grounds of dismissal and dismissal at the latest at the same time as the co-operative provides the member with the notification referred to in Article 3 (2) of the Cooperative Act. (14.6.2010)
As a condition for the merger of a credit institution other than another Member State other than the other, the law provides that the merger will be notified in writing to the central government prior to the adoption of the draft terms of merger And that the combination of the own funds of the undertakings belonging to the consortium remains in accordance with Article 19. The host credit institution and any other undertaking shall be subject to the provisions of Article 27 concerning a divorced and separated credit institution. The period laid down in that Article shall be calculated as the registration of the merger, mainly from the subsequent accounting day.
The financial statements of the Central Community and the consolidated financial statements and the audit shall be carried out in accordance with the provisions of the law on credit institutions. The credit institution shall not be subject to what is provided for in Section 12 of Chapter 12 of the Law on Credit Insurance Act and the annual review. (08.08.2010)
The central Community shall, in accordance with the international accounting standards referred to in Article 7 (1) of the Accounting Act, be prepared by the Central Community, in a combination of the annual accounts or consolidated financial statements of the Central Community and its Member States, in accordance with the international accounting standards referred to in Article 1 of Chapter 7a of the Accounting Act, Otherwise provided for in this paragraph. The consolidated financial statements shall also include entities in which the entities referred to above are jointly controlled by the Accounting Act. To the extent that international accounting standards cannot be applied to the specific structure of the pool, the central government's Board of Directors shall accept the corresponding accounting principles applicable to the structure of the pool.
The auditors of the central Community shall, in accordance with the provisions of the Law on the operation of credit institutions, carry out a consolidated financial statement, which shall be presented and communicated to the Central Community Cooperative Society.
The credit institution of the central Community shall keep a copy of the annual accounts referred to in paragraph 2 for each person to be seen and provided with copies in accordance with the provisions of Article 11 (2) and (4) of Chapter 12 of the Law on the operation of the credit institutions. The Central Community and the affiliated credit institutions and their subsidiaries shall be drawn up in accordance with the Interim Report and the Annual Report, mutatis mutandis, as provided for in paragraph 2 and Article 12 of Chapter 12 of the Law on the operation of the credit institutions. The member institution of the central Community shall provide each applicant with a copy of the consolidated interim report, as provided for in Article 11 of Chapter 12 of the Law on the operation of the credit institutions. (08.08.2010)
The credit institution shall provide the central entity with the necessary information for a combination of financial information. In addition, the Central Community and its auditor shall be entitled to obtain a copy of the documents relating to the audit of the credit institution for the purpose of auditing the consolidated accounts, notwithstanding the fact that the credit institution and its auditor The obligation of professional secrecy elsewhere by law. The provisions of this paragraph shall apply to the membership of the Community as referred to in paragraph 2.
If the requirements laid down in this Act are not met, the central entity shall immediately inform the financial supervision thereof and take steps to comply with the requirements. Financial supervision shall, upon receipt of the notification referred to above or otherwise, be informed that the requirements are not met, set a deadline for the central entity to meet the requirements. If the requirement has not been met within the prescribed period, the financial supervision may be withdrawn by the Central Community.
This law shall cease to apply after the withdrawal of the authorisation of the Central Community.
The financial supervision shall grant the authorisation of the Central Community. The explanations to be attached to the application for authorisation are laid down by a decree of the Ministry of Finance.
Where the information referred to in paragraph 1 concerning the conditions for granting authorisation is substantially altered after the authorisation has been granted, the central entity shall inform the Financial Supervisory Authority of the changes in a more specific manner.
Financial supervision shall issue a decision on authorisation within six months of receipt of the application or, if the application is incomplete, when the applicant has provided the necessary documentation and explanations for the purposes of the case. However, the decision on authorisation shall always be taken within 12 months of receipt of the application.
Financial supervision shall have the right, after consultation with the applicant, to impose restrictions and conditions necessary for the operation of the Central Community. Financial supervision may, on application by the Central Community after authorisation, amend the conditions of authorisation.
If the decision on authorisation has not been adopted within the period laid down in paragraph 1, the applicant may lodge a complaint. Complaints shall be lodged and processed, such as the appeal against the application being lodged and processed. Such a complaint may be lodged until the decision has been taken. Financial supervision shall inform the appeal authority if the decision has been issued following a complaint. For the purposes of the lodging of a complaint and processing referred to in this paragraph, the (878/2008) § 73 .
The authorisation shall be granted if, on the basis of the analysis received, it is possible to ensure that the central body and other undertakings belonging to the association meet the requirements of this Law and the entire association's economic activity The requirements laid down in this law and that the central body is managed in a professional manner and in accordance with sound and prudent business principles. (08.08.2010)
Authorisation may also be granted to the central entity prior to its registration.
Financial supervision shall indicate the authorisation to be registered.
Subject to the conditions of the authorisation, the Central Community may commence its activities immediately after the authorisation has been granted and the Central Community has provided the information referred to in Article 2 (2) to the Financial Supervisory Authority and, if the authorisation has been granted Of the cooperative, the cooperative is registered.
The Central Community shall not start operations until it has submitted to the Financial Supervisory Board:
(1) a complete trade repository for the central community, including rules;
(2) the names and other relevant information of the members and alternates of the Board of Directors, the Executive Director and the Executive Director, as well as the auditors and deputy auditors;
(3) where the central entity has a Management Board, the names and other relevant information of its members and alternates, as well as the general instructions for the activities of the Central Community, as laid down by the Management Board, and of the auditors selected by the Management Board.
If a change occurs in the information referred to in paragraph 2, it shall immediately be notified to the Financial Supervisory Board.
The financial supervision may withdraw the authorisation of the central entity unless the central entity meets the requirements laid down in Article 19 and under the conditions laid down in paragraphs 1 and 3 of Article 26 (1) and (2) of the Financial Supervisory Law. The withdrawal of the authorisation shall also apply to paragraphs 3 to 5 of the latter.
Rights and obligations arising from the provisions of Chapter 5 of the Central Community which arose prior to withdrawal of the authorisation shall not cease as a result of the withdrawal of authorisation.
The Central Community shall direct the operation of the consortium. The Central Community shall have instructions to the consortium companies in order to safeguard their liquidity and solvency, and their risk management, reliable management and internal control; And the uniform accounting principles for the preparation of the consolidated financial statements of the pool. The guidelines referred to in this Article shall take into account the provisions of Chapters 7 to 9 and 12 of the Act on the operation of credit institutions. To the extent that the guidelines referred to in this Article are applied to a Member State credit institution subject to the exceptions referred to in Articles 21 and 21a, the instructions shall be subject to prior approval of the financial supervision. In addition, the Central Community may, in accordance with the provisions laid down in its rules, establish general principles of action for Member States' credit institutions in the context of such an association. (08.08.2010)
The obligation to monitor compliance with the guidelines is laid down in Article 20.
Financial supervision may provide more detailed provisions on the exact content of the guidelines referred to in paragraph 1. (08.08.2010)
An undertaking belonging to a consortium shall not take such a risk in its activities that it poses an essential risk to the combined solvency or liquidity of the undertakings in the consortium. The central entity shall have a reliable administration allowing effective risk management of the pool and adequate internal control over the operation of the pool and adequate risk management systems. The central entity shall comply with the requirements laid down in Chapter 7 to 9 of the Act on the operation of credit institutions.
Undertakings belonging to the consortium must have own funds, in total, at least the amount referred to in Article 1 of Chapter 10 of the Law on the operation of credit institutions. The amount referred to in this paragraph shall be calculated in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council on the prudential requirements of credit institutions and investment firms and amending Regulation (EU) No 648/2012, Below EU Capital Requirements Regulation Provides for the calculation of the consolidated own resources, subject to paragraphs 2 and 3.
For the purposes of calculating the requirement referred to in paragraph 1, the amount of the own resources of the pool shall be deducted from the capital certificates and other equity instruments issued by a credit institution or a company belonging to the consolidating group, which are: Constitute a guarantee fund within the meaning of Chapter 13 of the Law on the operation of credit institutions, of which a member credit institution is a member.
For the purpose of calculating the amount of own funds of the pool, an insurance company which, to a significant extent, does not carry out any business other than the granting of credit insurance to affiliated credit institutions, shall be subject to this Article. The amount of the equalisation of such an insurance company shall be treated as the items referred to in Article 62 of the EU Solvency Regulation. For the rest, the calculation of the own funds and the minimum own funds of such an insurance company shall be subject to the provisions of that Regulation.
To the rest, the provisions of the EU Capital Requirements Regulation and Chapters 10 and 11 of the Act on credit institutions are applicable to the consolidated financial position of the credit institution, the financial position On the notification and consolidated supervision of consolidated data.
The provisions of the EU Capital Requirements Regulation and of the Law on credit institutions provide for the parent undertaking, apply to the Central Community and what they provide for subsidiaries shall apply mutatis mutandis to other companies belonging to the consortium, Unless otherwise provided for in this Act.
Financial supervision shall provide more detailed provisions for the implementation of this Article.
The Central Community shall ensure that the companies belonging to the consortium are acting in accordance with the laws and regulations relating to their economic status, the provisions laid down by the authorities, their rules and their statutes and the guidelines issued by the central entity under Article 17. In accordance with
If the central entity finds that the activities of an association are not in accordance with the provisions or provisions referred to above, the central entity shall notify the Financial Supervisory Authority without delay. Where the central entity finds that a company belonging to a consortium has failed to comply with the instructions issued by the central entity pursuant to Article 17 of the Central Community in a manner which significantly jeopardises a single liquidity or solvency management or financial statements Or which are likely to jeopardise the solvency or liquidity of a credit institution's own solvency or liquidity, the central entity shall inform the financial supervision thereof, and Provide the necessary measures to To ensure compliance.
An undertaking belonging to a consortium shall be obliged to provide the central entity within a reasonable period of time by which it is required to provide all the information and explanations necessary for the performance of the tasks provided for in this Act.
Financial supervision shall have the right to act in accordance with the law of the public authorities (18/09/1999) Shall, notwithstanding the obligation of professional secrecy, provide the central entity with the information referred to in this paragraph if the central entity does not receive information within the time limit set by the undertaking belonging to the association.
The recovery plan for the consortium shall be subject to the provisions of Chapter 8a of the Law on Credit Institutions Act concerning the recovery plan for the consolidation team. The consortium resolution plan shall be subject to the provisions of the law on the resolution of credit institutions and investment firms (1194/2014), Chapter 2 Provides for a group resolution plan.
Financial supervision may allow the central body to decide that its members' credit institutions may be exempted from the provisions of Chapter 10 of the Law on Credit Institutions and Part 2-4 of the EU Capital Requirements Regulation as provided for in the credit institution's own funds The requirements to be imposed. Financial supervision shall permit the authorisation referred to in this paragraph if the central entity meets the requirements of Article 17 and the financial supervision provisions adopted pursuant to it.
A central entity shall not grant a derogation within the meaning of paragraph 1 to a Member State credit institution where this has been substantially or repeatedly failed to comply with the guidelines referred to in Article 17 adopted by the central entity or by Article 23 Or in accordance with the authorisation granted by the Financial Supervisory Authority under the said Article.
The Central Community may grant an exemption referred to in paragraph 1 for a maximum period of three years. The Central Community shall, on its own initiative or at the request of the Financial Supervisory Authority, withdraw or limit the exemption if a member credit institution substantially or repeatedly fails to comply with the instructions issued by the Central Community under Article 17.
A credit institution subject to paragraph 1 shall have at least the amount of own funds equal to 80 % of the aggregate amount of the own funds requirements referred to in Article 1 of Chapter 10 of the Act on the operation of the credit institution.
Where a Member credit institution is subject to paragraph 1, the amount of the client risk referred to in Part 4 of the EU Solvency Regulation shall not exceed 40 % of the credit institution's own funds. If the client entity is a credit institution or an investment firm, the client risk shall not exceed 40 % of the credit institution's own funds or, if this amount is less than EUR 240 million, higher than the credit institution 's An amount established internally, which shall not exceed EUR 240 million and not exceed 100 % of the credit institution's own funds. Financial supervision may, in particular, authorise the credit institution to deviate from the latter limit. For the purposes of this paragraph, client risk to a credit institution or investment firm shall also include a client risk to a client entity, including at least one credit institution or investment firm. However, for the purposes of this paragraph, the aggregate client risk of clients of a client entity other than credit institutions or investment firms shall not exceed 40 % of the credit institution's own funds. For the purposes of calculating the limit under this paragraph, Article 11 (3) of Chapter 10 of the Law on the operation of credit institutions shall apply. The last point of the loan, which provides for customer risks to a company belonging to the same consolidation group, also applies to client risks with the same credit institution as the credit institution. The company belonging to the consortium. The client risk of a credit institution, based on the centralised management of the liquidity of affiliated credit institutions belonging to a consortium, may, with the agreement of the Central Community, exclude, in whole or in part, large exposures to: Restrictions. The consent of the Central Community shall apply to the provisions of paragraphs 2 and 3.
Where a Member credit institution is subject to paragraph 1, a member credit institution shall not invest more than 25 % of the credit institution's own funds as referred to in Article 89 of the EU Solvency Regulation. A maximum amount of up to 75 % of the credit institution's own funds shall be allowed by a credit institution for the purposes of paragraph 1.
On application by the Central Community, financial supervision may, for a specific reason, be authorised to deviate in whole or in part from the restrictions provided for in paragraphs 4 to 6.
For the purposes of this Article, the requirements of the credit institution's financial position shall also apply to the corresponding consolidated requirements for the corresponding Member State credit institution.
Financial supervision may allow the central body to decide that its membership credit institutions shall not be subject to the provisions of Part 6 of the EU Capital Requirements Regulation and the European Union acts adopted pursuant to it provide for a credit institution's liquidity The requirements to be imposed.
Financial supervision shall be subject to the authorisation referred to in paragraph 1 if the central entity meets the requirements of Article 17 and the provisions of the financial supervision provisions adopted pursuant to it and the EU Capital Requirements Regulation of the entities belonging to the pool Shall, to a sufficient extent, be directly transferable to a credit institution which is unable to fulfil its obligations.
The Central Community shall not grant a derogation within the meaning of paragraph 1 to a Member State which fails to comply with the guidelines referred to in Article 17 adopted by the central entity or under Article 23 of the Financial Supervisory Authority. , and the non-compliance is not insignificant.
The Central Community may grant an exemption referred to in paragraph 1 for a maximum period of three years. The Central Community shall, on its own initiative or at the request of the Financial Supervisory Authority, withdraw or limit the exemption if a member credit institution substantially or repeatedly fails to comply with the instructions issued by the Central Community under Article 17.
For the purposes of this Article, the requirements of the credit institution's financial position shall also apply to the corresponding consolidated requirements for the corresponding Member State credit institution.
The credit institution shall not be subject to Part 8 of the EU Solvency Regulation. However, the credit institution shall publish, in accordance with the EU Solvency Regulation, at least:
(1) the fact that a Member State credit institution belongs to a consortium of deposit banks;
(2) information on which central entity's financial statements are included in the entity's solvency data;
(3) the amount by which the minimum amount of own funds is below the own funds requirement of each credit institution referred to in Article 21 and other information on the application of the derogations referred to in Articles 21 and 21a to the credit institution.
Financial supervision may allow the Central Community to decide that its members' credit institutions shall not be subject to the provisions of Article 409 of the EU Capital Requirements Regulation concerning the disclosure of the credit institution's transferred credit risk. Financial supervision shall permit the authorisation referred to in this paragraph if the central entity meets the requirements of Article 17 and the financial supervision provisions adopted pursuant to it.
A central entity shall not grant a derogation within the meaning of paragraph 2 to a Member State which has substantially or repeatedly failed to comply with the guidelines referred to in Article 17 adopted by the central entity or to a Member State credit institution as provided for in Article 23 Or the authorisation granted by the Financial Supervisory Authority under the said Article.
The Central Community may grant an exemption under paragraph 2 for a maximum period of three years. The Central Community shall, on its own initiative or at the request of the Financial Supervisory Authority, withdraw or limit the exemption if a member credit institution substantially or repeatedly fails to comply with the instructions issued by the Central Community under Article 17.
The credit institution shall report the information referred to in Article 1 of Chapter 11 of the Law on the activity of credit institutions to the central entity rather than the financial supervision, as provided for in that Article, unless the financial supervision is otherwise decided otherwise.
The Central Community shall draw up an assessment as referred to in Article 2 of Chapter 11 of the Law on the operation of credit institutions as to whether credit institutions meet the requirements set out in this Chapter for their financial position.
Financial supervision may allow the central body to decide that its members' credit institutions and their undertakings within the consolidating group are not applied in whole or in part, in accordance with Chapter 9 of the Law on Credit Institutions and the EU The crd provides for the qualitative management of the risks of the credit institution and its consolidated group. Financial supervision shall permit the authorisation referred to in this paragraph if the central entity meets the requirements of Article 17 and the financial supervision provisions adopted pursuant to it.
The Central Community shall not grant a derogation within the meaning of paragraph 1 to a credit institution which has substantially or repeatedly failed to comply with the guidelines referred to in Article 17 adopted by the central entity or to a Member State credit institution as provided in Article 23 Or the authorisation granted by the Financial Supervisory Authority under the said Article.
The Central Community may grant an exemption referred to in paragraph 1 for a maximum period of three years. The Central Community shall, on its own initiative or at the request of the Financial Supervisory Authority, withdraw or limit the exemption if a member credit institution substantially or repeatedly fails to comply with the instructions issued by the Central Community under Article 17.
The central entity shall be obliged to carry out, as a supporting measure within the meaning of this Chapter, the amount necessary for the credit institution to prevent the liquidation of the member institution. In accordance with this Chapter, the Central Community shall be responsible for the debts of a credit institution which are not made available through the funds of the affiliated credit institution.
The credit institution shall be obliged to carry out, on the basis of the criteria set out in this Chapter, its share of the amount paid by the central body to the other Member State credit institution as a supporting measure or as payment to the creditor of another Member A debt due in respect of which the creditor has not received any payment from his debtors. Moreover, in the event of insolvency of the central entity, a Member State credit institution shall have unlimited additional payment obligations under Article 11 of Chapter 14 of the Cooperative Act. (14.6.2010)
The liability of credit institutions in respect of the amount which the central entity has performed on behalf of a credit institution for this creditor is divided between credit institutions in proportion to their last balance sheet total.
If a credit institution's own funds or consolidated assets are reduced to below the credit institution law or, if the Member credit institution is subject to lower requirements in accordance with Article 21, the minimum amount provided for in that Article, The central entity of the consortium shall be entitled to obtain credit from other affiliated credit institutions belonging to the pool, on the basis of the criteria specified in the Central Community Statute, by levying additional repayable payments from the credit institutions; For the purposes of preventing the liquidation of a credit institution Support under Article 2 (2). For each financial year, the total annual amount of the fees to be charged to a credit institution under this paragraph shall not exceed five thousandths of the balance sheet total of the last balance sheet of each Member State.
The support measures referred to in this Article are the granting of a capital loan to a credit institution and the investment of equity, equity or equity capital in a credit institution. The capital injection referred to in this paragraph may also be given directly to the receiving credit institution to which the credit institution referred to in paragraph 1 is to merge. (14.6.2010)
The central entity shall, without delay, reimburse to the Member States credit institutions the amount charged to them under this paragraph as the central entity accumulates in the form of return on the capital of the investments referred to in paragraph 2, in the same proportion as: The fee has been charged to the credit institutions. In addition, the central entity shall, on the same basis, pay to the affiliated credit institutions the amount which the central entity receives as a return on the investment referred to in this paragraph.
The amount corresponding to the amount of the capital received from the central entity of the credit institution referred to in paragraph 1 shall be deducted from the own funds of the credit institution.
A debt which has not been received by a credit institution against an outstanding claim ( Main debt ), may require a direct central entity when the principal debt is due.
If, except in the case referred to in paragraph 1, the liquidators of a member credit institution in liquidation have ascertained that the debts of the members of the credit institution exceed its assets, the liquidators shall draw up a calculation of the shortfall And shall require the Central Community to carry out a shortfall in the membership of a Member State.
Where the requirement referred to in paragraphs 1 or 2 is submitted to the central entity, the Central Community shall, without delay, but not later than 30 days after the date of submission of the request, draw up a calculation ( Statement of purchase ) A share of the exposure under Article 25 of each Member State's credit institution and communicated it to the credit institutions. The credit institution shall make its contribution to the central entity within the time limits laid down in this Statute, but no later than 30 days after it has been informed of the calculation referred to in this paragraph.
The Central Community shall have the right to recover from a credit institution the amount paid by the central body under this Article to the creditor or the credit institution of the affiliated credit institution. The Central Community shall, without delay after receiving full or partial reimbursement of the amount referred to in this paragraph, be reimbursed by the Central Community to the affiliated credit institutions referred to in paragraph 3; In accordance with the provisions of the Treaty.
The Member State credit institution referred to in paragraph 1 shall not be subject to the bankruptcy of a creditor's application before the creditor has required the principal debt referred to in paragraph 1 to the central entity within the meaning of paragraph 1 and to the payment of the payment The period laid down has expired. The Member State credit institution referred to in paragraph 2 shall not be declared bankrupt until the clearing members have submitted to the central entity the requirement referred to in paragraph 2 and the time limit laid down in paragraph 3 has elapse.
As provided for in this Chapter, the credit institution's obligation to pay is also applied to a credit institution in liquidation.
The funds of the affiliated credit institution in the clearing house shall not be allocated to owners or shareholders until five years after the end of the calendar year in which the liquidation has started, unless the shareholder or unit owner does Security of security.
For the purposes of this Chapter, a credit institution's obligation to pay shall also apply to a credit institution which has been separated or separated from membership of the central Community if the calendar year following the end of the calendar year in which the credit institution has resigned or suspended, Less than five years have elapsed since the obligation to pay the credit institution is presented.
For the purposes of this Chapter, a credit institution's obligation to pay does not apply to a credit institution whose own funds or consolidated own funds are below or due to the fulfilment of a payment obligation. The credit institution's credit institution law or, where the credit institution is subject to lower requirements in accordance with Article 21, the minimum own funds or consolidated own funds provided for in that Article. The Member State credit institution referred to in this paragraph shall not be taken into account in the calculation of the relative positions of the credit institutions referred to in Article 25.
Where a member credit institution has failed to pay a fee in accordance with this Chapter to the central entity, the amount of the fee may be recovered by means of an enforcement calculation established and approved by the Financial Supervisory Authority, as in the case of enforcement of the law of the law. Provides. If payment is not received from a member of the credit institution, a new statement of purchase shall be drawn up, which shall be passed on to the other Member States.
The central community of the consortium shall be supervised by the Financial Supervisory Authority as provided for in this Act and the Law on Financial Supervision. Financial supervision, as provided for in this Act and the Law on Financial Supervision, as well as the Central Community as laid down in this Act, shall be subject to supervision by the central Community credit institutions and other undertakings in the consortium.
The Central Community shall ensure that the companies belonging to the consortium are operating in accordance with the laws, regulations, regulations, regulations and statutes of the financial markets of the financial markets and in accordance with the guidelines laid down by Article 17 of the Central Community. In addition, under the supervision of the financial position of the undertakings belonging to the CCP, Chapter 3 shall be laid down in Chapter 3.
Financial supervision shall ensure that the activities of credit institutions are controlled and supervised by the central body in accordance with the provisions of this law and that the entities belonging to the consortium meet the requirements of this law.
Where an undertaking belonging to a consortium has failed to comply with the guidelines referred to in Article 20, the financial supervision shall set a reasonable time limit within which the undertaking must take the necessary steps. Measures to ensure adequate compliance with the guidelines. Where a company belonging to a consortium has not taken the necessary measures within a period of time, the financial supervision may, in addition to its powers elsewhere, determine that the credit institution shall cease to apply the provisions of Articles 21 and 23 § provides.
The financial supervision shall consult the central entity before taking a decision as referred to in paragraph 3, which may have a significant impact on the functioning of the credit institution or the conditions of operation or of the steering of the pool under Chapter 3, Management or solvency.
Financial supervision shall carry out the tasks laid down in this and other law, unless the Council Regulation (EU) No entrusts the European Central Bank with specific tasks on the prudential supervision of credit institutions 1024/2013. (08.08.2010)
The central entity shall inform the financial supervision of the supervision of the solvency of the consortium and the members of the credit institution, as well as the supervision of the restrictions on the ownership of client risks and business entities, as well as the risk concentration and internal transactions The information required for monitoring on a quarterly basis and the assessment referred to in Article 23 each year. The Central Community is also obliged to provide financial supervision with all the information and explanations necessary for the supervision of companies belonging to the consortium.
Financial supervision may provide the central entity with the provisions necessary for the supervision of a consortium with regard to the content of the notification requirement provided for in this Article.
The consortium shall be obliged to provide the financial supervision with all the information and explanations necessary for the consolidated supervision of the consortium and for the supervision of the consolidated supervision of the central and member credit institutions.
The accounts of the credit institution's deposits shall show that a member credit institution is part of a consortium within the meaning of this law.
The central body shall not, in the performance of its supervision or otherwise, in carrying out its tasks within the meaning of this Act, discriminate between undertakings belonging to an association with each other without any reasonable cause.
When the Central Community carries out its supervisory function within the meaning of this Law, its rights shall apply mutatis mutandis, as laid down in Article 32 of the Financial Supervisory Law, on the right to convene and present financial supervision, Article 29 of that Law As regards the financial supervision and the Ombudsman, and in Articles 18, 19, 23 and 24 of that Act, the right of scrutiny and access to information.
The responsibility and aesthetic of the representative of the Central Community in the performance of this exercise in accordance with Chapter 6 is in force, as provided for in Article 34 of the Law on Financial Control.
Articles 14 and 15 of Chapter 15 of the Law on Credit Institutions Act on the obligation of professional secrecy and the right to disclose information on a credit institution are also applied in the Central Community. The merging companies, the guarantee fund to which credit institutions of the central Community belong, as well as the mutual insurance company of the members of the credit institutions, shall not, notwithstanding these articles, provide information to each other. However, the information referred to in this paragraph may be disclosed only to the person covered by the obligation of professional secrecy laid down in the above paragraphs or equivalent.
The Central Community shall have the right if it considers that the interests of depositors require it to bring an action for damages against a person or entity within the meaning of Article 1 of Chapter 21 of the Law on the operation of a credit institution as a member of a depositary.
This Act shall enter into force on 1 July 2010.
Before the entry into force of this Act, the Law on Cooperatives and Other Credit Institutions (1504/2001) Shall apply for the authorisation referred to in this Act and the Central Community and its member institution shall bring its rules into line with this law no later than 18 months after the entry into force of this Act. The licence application referred to in this paragraph shall not apply to the explanations provided for in Article 11 (1) of the licence application.
THEY 243/2009 , TaVM 6/2010, EV 40/2010This Act shall enter into force on 31 December 2010.
THEY 127/2010 , TaVM 33/2010, EV 260/2010, Directive 2009 /111/EC of the European Parliament and of the Council (32009L0111); OJ L 302, 17.11.2009, p. Directive 2010 /76/EU of the European Parliament and of the Council (32010L0076); OJ L 329, 14.12.2010, p. 3 TO 35
This Act shall enter into force on 1 January 2014.
THEY 185/2012 , TaVM 6/2013, EV 48/2013
This Act shall enter into force on 15 August 2014.
At the latest six months after the entry into force of this Act, the Central Community, which is authorised to enter into force, shall issue the guidelines referred to in Article 17 to the association undertakings and notify them to the Financial Supervisory Authority. No later than six months after receipt of the notification, the financial supervision shall take the decision referred to in Articles 21, 21a, 21b and 23. Articles 21 and 23 shall apply to a credit institution as they are at the date of entry into force of this Act, until such time as the financial supervision has taken a decision within the meaning of this paragraph or, where the central entity has not adopted the Within the time limit laid down in the article, until the time limit expires.
THEY 39/2014 , TaVM 6/2014, EV 62/2014, Directive 2013 /36/EU of the European Parliament and of the Council (32013L0036); OJ L 176, 27.6.2013, p. 338-436 Regulation (EU) No 575/2013 of the European Parliament and of the Council (32013R0575); OJ L 176, 27.6.2013, p. 1-337
This Act shall enter into force on 1 January 2015.
THEY 175/2014 , TaVM 20/2014, EV 191/2014, Directive 2014 /59/EU of the European Parliament and of the Council (32014L0059); OJ L 173, 12.6.2014, p. 190
