Measures at the transferring legal entity

(1) Where the consideration under section 111(2) and (5) consists of shares in the recipient legal entity, the transferring legal entity's voting rights are suspended and pass to the resolution authority, until the resolution authority has determined, under section 128(4), first sentence, that the recipient legal entity has ceased to be a bridge institution, or has otherwise established that the relevant objective of the measure has been achieved at the recipient legal entity. In the case of insolvency proceedings over the assets of the institution under resolution, the rule under the first sentence also applies as against the insolvency administrator. The resolution authority is not obliged to exercise such voting rights. It is not liable for exercising or failing to exercise such voting rights.
(2) Where the consideration under section 111(2) and (5) consists of shares in the recipient legal entity, the transferring legal entity may not dispose of the shares to which it is entitled in the recipient legal entity without the resolution authority's prior written consent, for as long as the resolution authority has not made a determination under subsection (1), first sentence.
(3) Subsections (1) and (2) apply correspondingly to the former shareholders within the meaning of section 111(5), fourth sentence.
(4) Where the creditor participation instrument is applied such that the affected creditors receive shares in a bridge institution, on account of a conversion of the liabilities owed to them under section 90, point 1, letter c, subsections (1) and (2) apply correspondingly to those creditors.
(5) Where an application for the opening of insolvency proceedings over the assets of the transferring legal entity is at risk of being dismissed because the assets of the transferring legal entity are unlikely to be sufficient to cover the costs of the proceedings, the recipient legal entity is obliged to make the advance payment of costs necessary for the proceedings to be opened.