Requirements for the business reorganisation plan

(1) The business reorganisation plan must set out how the full or partial continuation of the business of the institution or group entity can be ensured within a reasonable timeframe. The business reorganisation plan takes into account, among other things, the current situation and future prospects of the financial markets, and includes best-case and worst-case assumptions. In doing so, combinations of events must also be taken into account, capable of identifying institution-specific vulnerabilities. The measures contained in the business reorganisation plan should be based on realistic assumptions as to the economic and financial market conditions under which the institution or group entity will operate. The assumptions made in the business reorganisation plan are compared against sector-wide benchmarks.
(2) The business reorganisation plan must contain at least the following components: 1. a detailed analysis of the factors and circumstances that caused the institution's or group entity's failing or likely to fail, 2. a description of the measures to be taken to restore the long-term viability of the institution or group entity, including the effects of the measures on employees, and 3. a timetable for implementing those measures.
(3) In respect of the institution or group entity, the following measures, in particular, may be taken to restore the long-term viability of the institution or group entity: 1. the restructuring of business activities; 2. changes to operating systems and institutional infrastructure; 3. the discontinuation of loss-making business activities; 4. the restructuring of existing business activities in order to restore their competitiveness; 5. the divestment of assets or business lines.
(4) Where the provisions of the European Union or of the Agreement on the European Economic Area governing State aid are applicable, the business reorganisation plan must be consistent with the restructuring plan that the institution or group entity is required to submit to the Commission, or, where applicable, to the EFTA Surveillance Authority, under those provisions of Union law or of the Agreement on the European Economic Area governing State aid.