The resolution authority may exempt, in whole or in part, the central body, or a CRR credit institution permanently affiliated to a central body, from the application of section 49f, where 1. the CRR credit institution and the central body a) are subject to supervision by the same supervisory authority, b) are domiciled in Germany, and c) are part of the same resolution group, 2. the liabilities of the central body and of the CRR credit institutions permanently affiliated to it are joint liabilities, or the liabilities of the permanently affiliated credit institutions are fully guaranteed by the central body, 3. the minimum requirement for own funds and eligible liabilities, and the solvency and liquidity requirements, of the central body and of all CRR credit institutions permanently affiliated to it are monitored in their entirety on the basis of the consolidated accounts of those institutions, 4. in the case of exemptions for a CRR credit institution permanently affiliated to a central body, the management of the central body is authorised to issue instructions to the management of the institutions permanently affiliated to it, 5. the resolution group concerned satisfies the requirement under section 49e(3), and 6. there is no material actual or legal impediment, present or foreseeable, to the prompt transfer of own funds or the repayment of liabilities as between the central body and the CRR credit institutions permanently affiliated to it in the event of resolution.
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Part 3 · Resolution-Law Provisions and Requirements for Preparing Restructuring and Resolution › Division 1 · Minimum Amount of Eligible Liabilities › Section 49g
Exemptions for a central body and CRR credit institutions permanently affiliated to a central body
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