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Part 2 · Supervisory Provisions and Requirements for Recovery Preparation and Early Intervention  ›  Chapter 2 · Intragroup Financial Support › Section 34

Involvement of the supervisory authority in the decision on the provision of intragroup financial support by an undertaking domiciled in another Member State

(1) Where a supervisory authority domiciled in another Member State prohibits or restricts the provision of financial support to a group undertaking domiciled in Germany that is supervised by the supervisory authority, or to an undertaking within a group subject to the consolidating supervision of the supervisory authority, and the supervisory authority has objections to the prohibition or restriction of the provision of financial support, the supervisory authority may, within two calendar days of notification of the decision by the supervisory authority concerned, refer the matter to the European Banking Authority and request its assistance under Article 31 of Regulation (EU) No 1093/2010.
(2) Where a supervisory authority domiciled in another Member State prohibits or restricts the provision of financial support to a group entity domiciled in Germany that is supervised by the supervisory authority and whose group recovery plan contains, under Article 7(5) of Directive 2014/59/EU, particulars of intragroup financial support agreements concluded, the supervisory authority may apply to the consolidating supervisor to initiate a reassessment of the group recovery plan under Article 8 of Directive 2014/59/EU or, where the recovery plan is drawn up at the level of the individual undertaking, require that undertaking to submit an updated recovery plan.

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