(1) Undertakings subject to the requirement under section 49(1) report to the resolution authority and the supervisory authority
1. the amounts of own funds satisfying the conditions of section 49f(2), points 2 and 3, and the amounts of eligible liabilities, including a statement of those amounts as percentages under section 49(2), having regard to the deductions calculated under Articles 72e to 72j of Regulation (EU) No 575/2013,
2. the amounts of other bail-inable liabilities, and
3. for the amounts referred to in points 1 and 2,
a) their composition, including their maturity profile,
b) their ranking in normal insolvency proceedings, and
c) where they are subject to the laws of a third country, which third country, and whether they contain the contractual term under section 55(1), Article 52(1)(p) and (q), and Article 63(n) and (o) of Regulation (EU) No 575/2013. The reporting obligation for amounts of other bail-inable liabilities under the first sentence, point 2, does not apply to undertakings that, at the time the particulars are reported, hold amounts of own funds and eligible liabilities equal to at least 150 per cent of the requirement under section 49(1), having regard to the first sentence, point 1.
(2) Undertakings report the particulars under subsection (1), point 1, at least half-yearly, and the particulars under subsection (1), points 2 and 3, at least annually. The resolution authority may require undertakings to report the particulars under subsection (1) more frequently.
(3) Undertakings disclose the following particulars at least annually:
1. the amounts of own funds, where applicable satisfying the conditions under section 49f(2), point 2, and of eligible liabilities;
2. the composition of the own funds and eligible liabilities referred to in point 1, including their maturity profile and their ranking in normal insolvency proceedings;
3. the applicable requirement under section 49e or section 49f, expressed as amounts under section 49(2). The particulars under the first sentence must be disclosed for the first time as at 1 January 2024. By way of derogation from the second sentence, in the cases under section 54(2a), the particulars must be disclosed for the first time as at the date set for meeting the requirements.
(4) Subsections (1) and (3) do not apply to a wind-down entity, unless the resolution authority has determined the requirement referred to in section 49(1) for such an undertaking under section 49h(2). In that case, the resolution authority determines the content and frequency of the reporting and disclosure obligations referred to in subsections (1) to (3) for that undertaking. The resolution authority notifies the wind-down entity concerned of those reporting and disclosure obligations. Those reporting and disclosure obligations do not go beyond what is necessary to monitor compliance with the requirements determined under section 49h(2).
(5) Where resolution actions have been taken, or the power to write down or convert has been exercised under sections 65, 77(2) and 89, the disclosure obligations under subsection (3) apply from the date referred to in section 54 for meeting the requirements under section 49e or section 49f.
Home› Banking & Credit Institutions› SAG-EN
Part 3 · Resolution-Law Provisions and Requirements for Preparing Restructuring and Resolution › Division 1 · Minimum Amount of Eligible Liabilities › Section 51
Reporting and disclosure of the requirement
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