Additional conditions for application; authorisation to issue statutory instruments

(1) The resolution authority may apply the tool of transfer to an asset management vehicle only where 1. the realisation of the objects of transfer concerned, within insolvency proceedings, could, given market conditions, have a negative effect on one or more financial markets, 2. the transfer is necessary to ensure the proper functioning of the institution under resolution or of the bridge institution, or 3. the transfer is necessary to maximise the corresponding realisation proceeds.
(2) The Federal Ministry of Finance is authorised to issue, by statutory instrument not requiring the consent of the Bundesrat, more detailed provisions on the circumstances in which the realisation of the objects of transfer, within insolvency proceedings, could have a negative effect on one or more financial markets within the meaning of subsection (1), point 1. The Federal Ministry of Finance may transfer this authorisation, by statutory instrument, to the resolution authority.