Content of the resolution order

(1) The resolution order must contain at least the following particulars:
1. the name or corporate name and the seat of
a) the institution or group entity to be resolved, and
b) where one of the resolution tools under section 107 is applied, the transferring legal entity and the recipient legal entity;
2. particulars of the resolution tools applied, in particular
a) the assets transferred, in the case of section 107, and
b) the capital instruments and liabilities affected, in the cases under sections 89 and 90; a description by category is sufficient in each case;
3. the resolution date;
4. particulars establishing that the conditions of section 109 are satisfied;
5. where applicable, particulars of the consideration or compensation liability under section 111;
6. where already known, particulars under section 142;
7. any reservation of a retransfer under sections 131 and 135.
(2) Where the resolution order provides that shares in the recipient legal entity are to be granted to the institution or group entity as consideration, it must contain the following particulars:
1. particulars of the terms and the number of shares in the recipient legal entity to be granted;
2. particulars for determining the value of all the objects of transfer as at the time referred to in section 114, in particular as regards determining the terms and number of the shares granted as consideration, and
3. particulars of the methods and assumptions underlying the determination of the value under point 2. Where the consideration consists of debt instruments of the recipient legal entity, the first sentence applies correspondingly. Where the consideration consists of a cash payment, the amount of the cash payment to be granted is stated in place of the particulars under the first sentence. Where a compensation liability is provided for, the amount of the compensation is stated in place of the particulars under the first sentence. Where provisional consideration or a provisional compensation liability is determined, a statement of its provisional nature and of the procedure for determining the definitive consideration or compensation liability is given in place of the particulars under the first sentence, points 2 and 3.
(3) Where the resolution order provides for the application of the instrument for the participation of holders of relevant capital instruments or the creditor participation instrument, it must contain at least the following particulars:
1. particulars of the application of the instruments to the shareholders and holders of other Common Equity Tier 1 instruments;
2. particulars of the percentage write-down applied to holders of relevant capital instruments;
3. particulars of the percentage write-down applied to bail-inable liabilities, grouped by categories of liabilities;
4. particulars of the conversion of bail-inable liabilities and of relevant capital instruments;
5. particulars of the shareholders and holders of other Common Equity Tier 1 instruments following the exercise of the creditor participation instrument.
(4) Where the resolution order contains company-law measures requiring registration, these must be listed separately in the administrative act. Except as otherwise provided in section 115(2) and (4), the resolution authority is entitled to apply to the registry court for the necessary registrations. Registration is not constitutive for the effectiveness of the measures.