Article 100

Path:
Bank Recovery and Resolution Directive (BRRD) > TITLE VII > Article 100
Title:
Article 100
Description: 
Requirement to establish resolution financing arrangements
Main content: 
1. Member States shall establish one or more financing arrangements for the purpose of ensuring the effective application by the resolution authority of the resolution tools and powers.
 
Member States shall ensure that the use of the financing arrangements may be triggered by a designated public authority or authority entrusted with public administrative powers.
 
The financing arrangements shall be used only in accordance with the resolution objectives and the principles set out in Articles 31 and 34.
 
2. Member States may use the same administrative structure as their financing arrangements for the purposes of their deposit guarantee scheme.
 
3. Member States shall ensure that the financing arrangements have adequate financial resources.
 
4. For the purpose of paragraph 3, financing arrangements shall in particular have the power to:
 
(a) raise ex-ante contributions as referred to in Article 103 with a view to reaching the target level specified in Article 102;
 
(b) raise ex-post extraordinary contributions as referred to in Article 104 where the contributions specified in point (a) are insufficient; and
 
(c) contract borrowings and other forms of support as referred to in Article 105.
 
5. Save where permitted under paragraph 6, each Member State shall establish its national financing arrangements through a fund, the use of which may be triggered by its resolution authority for the purposes set out in Article 101(1).
 
6. Notwithstanding paragraph 5 of this Article, a Member State may, for the purpose of fulfilling its obligations under paragraph 1 of this Article, establish its national financing arrangements through mandatory contributions from institutions which are authorised in its territory, which contributions are based on the criteria referred to in Article 103(7) and which are not held through a fund controlled by its resolution authority provided that all of the following conditions are met:
 
(a) the amount raised by contributions is at least equal to the amount that is required to be raised under Article 102;
 
(b) the Member State’s resolution authority is entitled to an amount that is equal to the amount of such contributions, which the Member State makes immediately available to that resolution authority upon the latter’s request, for use exclusively for the purposes set out in Article 101;
 
(c) the Member State notifies the Commission of its decision to avail itself of the discretion to structure its financing arrangements in accordance with this paragraph;
 
(d) the Member State notifies the Commission of the amount referred to in point (b) at least annually; and
 
(e) save as laid down in this paragraph, the financing arrangements comply with Articles 99 to 102, Article 103(1) to (4) and (6) and Articles 104 to 109.
 
For the purposes of this paragraph, the available financial means to be taken into account in order to reach the target level specified in Article 102 may include mandatory contributions from any scheme of mandatory contributions established by a Member State at any date between 17 June 2010 and 2 July 2014 from institutions in its territory for the purposes of covering the costs relating to systemic risk, failure and resolution of institutions, provided that the Member State complies with this Title. Contributions to deposit guarantee schemes shall not count towards the target level for resolution financing arrangements set out in Article 102.