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Part 6 · Supervision: tasks and general powers, organisation  ›  Chapter 1 · Tasks and general provisions › Section 308c

Measures in the event of breaches of Regulation (EU) 2017/2402

(1) Where an undertaking supervised under this Act, as originator or original lender, breaches the requirements of Articles 6, 7, 9, 18 to 26, 26b to 26e, or Article 27(1) or (4) of Regulation (EU) 2017/2402, the supervisory authority may order that the acts or conduct constituting the breach be permanently discontinued, and require that their repetition be prevented.
(2) Where a securitisation is designated as an STS securitisation within the meaning of Article 18 of Regulation (EU) 2017/2402, and an originator, a sponsor, or a securitisation special purpose entity has breached one of the requirements of Articles 19 to 26 or Articles 26b to 26e of Regulation (EU) 2017/2402, or an originator makes a misleading notification under Article 27(1) of this Regulation, the supervisory authority may temporarily prohibit a supervised undertaking, as originator, from notifying under Article 27(1) of this Regulation that its securitisations satisfy the requirements of Articles 19 to 22, Articles 23 to 26, or Articles 26b to 26e of this Regulation.

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