Provision of services and facilities

(1) Where the resolution conditions are satisfied, the resolution authority may direct the institution or group entity under resolution, or another group undertaking to which the institution or group entity under resolution belongs, to provide information, services, facilities, and staff that a recipient legal entity needs for the effective operation of the business transferred to it.
(2) On the request of the resolution authority of another Member State of the European Union, the resolution authority may recognise measures based on Article 65(1) of Directive 2014/59/EU that, following that resolution authority's direction, are to apply to a group entity established in Germany, by issuing a corresponding direction to the group entity concerned established in Germany. Subsection (1) applies correspondingly in the cases under the first sentence.
(3) An institution, and a superordinate undertaking and its subordinate undertakings, must, in outsourcing agreements relating to material outsourcing arrangements, make provisions that have regard to the powers of direction referred to in subsections (1) and (2). The requirements under section 25b of the Banking Act remain unaffected.
(4) The powers under subsections (1) and (2) do not entitle the resolution authority to require the institution or group entity to provide financial support.
(5) For agreements on services and facilities within the meaning of subsections (1) and (2) that already exist at the time resolution action is directed, the consideration is determined by the existing agreement. In all other cases, the resolution authority determines appropriate consideration.
(6) Where insolvency proceedings are opened over the assets of the institution or group entity, the obligations arising from a direction under subsection (1) continue to apply as against the insolvency administrator. The direction may also be addressed to the insolvency administrator. Subsections (2) to (5) apply correspondingly.