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Application provision

1.1 This Part applies to a BRRD undertaking which is:

  1. (1) a CRR firm;
  2. (2) a financial holding company whose registered office or, if the financial holding company does not have a registered office, whose head office is in the United Kingdom; or
  3. (3) a mixed financial holding company whose registered office or, if the mixed financial holding company does not have a registered office, whose head office is in the United Kingdom.

1.1

01/06/2016

This Part applies to a BRRD undertaking which is:

  1. (1) a CRR firm;
  2. (2) a financial holding company whose registered office or, if the financial holding company does not have a registered office, whose head office is in the United Kingdom; or
  3. (3) a mixed financial holding company whose registered office or, if the mixed financial holding company does not have a registered office, whose head office is in the United Kingdom.

1.2

01/06/2016

A BRRD undertaking that is a parent undertaking must ensure that a subsidiary which meets the condition in 1.3 complies with the requirements of this Part as if it were a BRRD undertaking subject to those requirements.

1.3

31/12/2020

The changes to this rule are effective from 23:00 on 31/12/2020.

The condition in 1.2 is that the subsidiary is:

  1. (1) a credit institution;
  2. (2) an investment firm or an undertaking which would be an investment firm if it had its head office in the UK; or
  3. (3) a financial institution; and

is not a BRRD undertaking which falls within 1.1.

1.4

31/12/2020

The changes to this rule are effective from 23:00 on 31/12/2020.

In this Part, the following definitions shall apply:

crisis management measure

has the meaning given in section 48Z(1) of the Banking Act 2009.

crisis prevention measure

has the meaning given in section 48Z(1) of the Banking Act 2009.

excluded person

means:

    1. (a) a person who has been declared to be, or who is an operator of, a designated system under regulation 4 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999,
    2. (b) [deleted.]
    3. (c) an exchange, other trading facility, payment system, settlement system or other financial market utility or infrastructure established in a third country not within (a),
    4. (d) a central counterparty,
    5. (e) a central bank, or
    6. (f) a central government (including any agency or branch of a central government).

financial arrangement

means the following contracts and agreements:

      1. (a) financial contracts as defined in point 100 (a) to (d) of Article 2(1) of the BRRD;
      2. (b) a derivative as defined in Article 2(5) of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4th July 2012 on OTC derivatives, central counterparties and trade repositories; and
      3. (c) a master agreement in so far as it relates to:
        1. (i) any of the contracts or agreements referred to in points (a) and (b); or
        2. (ii) a contract for the sale, purchase or delivery of the currency of the UK or any other country, territory or monetary union.

group

has the meaning given in section 48Z(1) of the Banking Act 2009.

recognised third-country resolution action

has the meaning given in section 48Z(1) of the Banking Act 2009.

security interest

has the meaning given in section 70B(7) of the Banking Act 2009.

Special Resolution Regime

means the provisions of Part I of the Banking Act 2009 and any measure taken under that Part.

termination right

means the following rights and provisions:

      1. (a) a ‘termination right’ as defined in section 70C(10) of the Banking Act 2009; and
      2. (b) a ‘default event provision’ as defined in Section 48Z(1) of the Banking Act 2009 that would apply as a consequence of:
        1. (i) a crisis prevention measure, crisis management measure or recognised third-country resolution action or
        2. (ii) the occurrence of any event directly linked to the application of such a measure or action.

third-country law financial arrangement

means a financial arrangement which:

      1. (a) is governed by the law of a third country, and
      2. (b) contains a termination right or a security interest, the exercise or enforcement of which could be suspended or prevented or the application of which would be disregarded under the Special Resolution Regime if the financial arrangement were governed by the laws of any part of the United Kingdom.

transferable securities

has the meaning given in point (44) of Article 41(1) of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.

1.5

01/06/2016

For the purposes of this Part, any reference to securities in point 100 (a) to (d) of Article 2(1) of the BRRD has the same meaning as transferable securities.

1.6

01/06/2016

Unless otherwise defined, any italicised expression used in this Part and in the CRR has the same meaning as in the CRR.