(1) Where the resolution authority is not the authority responsible for group resolution, it may take the resolution actions notified under section 161, point 2, or file the application for the opening of insolvency proceedings over the assets of the institution or group entity concerned, where
1. the authority responsible for group resolution, after consulting the resolution authority and the other members of the resolution college, reaches the assessment that the resolution actions or insolvency measures notified to it under section 161, point 2, do not indicate that the conditions of section 62 or section 64 are likely to be satisfied in respect of an institution or undertaking of the group in another Member State, or
2. the authority responsible for group resolution does not reach an assessment under point 1 within 24 hours, or an agreed longer period, of receiving the notification under section 161.
(2) Where the resolution authority does not agree with a group resolution scheme within the meaning of section 164 proposed by the authority responsible for group resolution, or considers that, for reasons of financial stability, it must take resolution actions or measures other than those proposed in the group resolution scheme in respect of an institution or undertaking within the meaning of section 161, it must give detailed reasons for its disagreement with the group resolution scheme, inform the authority responsible for group resolution and the resolution authorities of the other Member States covered by the group resolution scheme of those reasons, and inform them of the measures it will take. In giving its reasons for disagreeing, it must give appropriate consideration to the potential effects on the financial stability of the Member States concerned, and to the potential effect of the measures on other parts of the group.
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Part 6 · Cross-Border Group Resolution and Relations with Third Countries › Division 2 · Group Resolution Where the Subsidiary Undertaking Is Not an EU Parent Undertaking › Section 162
Course of action where the resolution authority is not the authority responsible for group resolution
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