Arm's-length comparison

(1) A transfer under section 107 must withstand an arm's-length comparison. In doing so, the following must be taken into account:
1. the circumstances of the individual case before and at the time the resolution conditions are satisfied, and before and at the time the resolution order is issued,
2. the provisions of Union law or of the Agreement on the European Economic Area governing State aid, and
3. the valuation carried out under section 69.
(2) A transfer for which equivalent consideration accrues to the assets of the transferring legal entity satisfies the criteria of subsection (1), points 1 and 3, in every case and without the need for further examination. Consideration or a compensation liability determined on the basis of section 111, and, where relevant, within a marketing process, withstands an arm's-length comparison within the meaning of subsection (1).