(1) The supervisory authority may, within five working days of receipt of the complete notification under section 32(1), consent to the provision of the financial support, or prohibit or restrict it, where the conditions for the provision of financial support under section 30 are not satisfied at the time of provision. A decision to prohibit or restrict the financial support must be reasoned.
(2) The decision of the supervisory authority to consent to, prohibit, or restrict the provision of the financial support must be notified without delay to the supervisory authority of the undertaking to which the financial support is to be provided, to the European Banking Authority, and, where the supervisory authority is not at the same time the consolidating supervisor, also to the consolidating supervisor without delay. Where the supervisory authority is at the same time the consolidating supervisor, it informs the other members of the supervisory college and the members of the resolution college of the decision without delay.
(3) Where the supervisory authority, after receipt of a proper notification under section 32(1), does not exercise its power to prohibit or restrict the provision of the financial support within the time limit specified in subsection (1), first sentence, or consents to the provision within the time limit specified in subsection (1), first sentence, the agreement may be implemented in accordance with the particulars notified.
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Part 2 · Supervisory Provisions and Requirements for Recovery Preparation and Early Intervention › Chapter 2 · Intragroup Financial Support › Section 33
Decision of the supervisory authority on the provision of intragroup financial support by an undertaking domiciled in Germany
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