emendrix

Art. 10a

Single Resolution Mechanism Regulation · 32014R0806 · every event for this act · on EUR-Lex

Power to prohibit certain distributions

2 changes recorded across 2 events, newest first.

in force 2026-06-11 MODIFIED+94 −56

Amended by Regulation (EU) 2026/808 32026R0808

applies from: unchanged

In paragraph 1, the Board's power changes from directly prohibiting an entity from making the listed distributions to instructing the national resolution authority to impose that prohibition.

The cross-references to Article 141a(1) and Article 12a(2) of the underlying acts are also reformatted with the point letters moved after the article number, without altering which points or articles are referenced.

Cited: Art. 10a, v1 · Art. 10a, v2

text before / after

02014R0806-2025111002014R0806-20260611

Article 10a Power to prohibit certain distributions 1. Where an entity is in a situation where it meets the combined buffer requirement when considered in addition to each of the requirements referred to in Article 141a(1), points (a), (b) and (c) of Article 141a(1) (c), of Directive 2013/36/EU, but it fails to meet the combined buffer requirement when considered in addition to the requirements referred to in Articles 12d and 12e of this Regulation, Regulation when calculated in accordance with Article 12a(2), point (a) of Article 12a(2) (a), of this Regulation, the Board shall have the power, in accordance with paragraphs 2 and 3 of this Article, to instruct the national resolution authority to prohibit an entity from distributing more than the Maximum Distributable Amount related to the minimum requirement for own funds and eligible liabilities (M-MDA), calculated in accordance with paragraph 4 of this Article, through any of the following actions: (a) make … 1,083 unchanged words … factor shall be 0,6; The lower and upper bounds of each quartile of the combined buffer requirement shall be calculated as follows: Lower bound of quartileCombined buffer requirement4Qn1 Upper bound of quartileCombined buffer requirement4Qn where Qn = the ordinal number of the quartile concerned.

in force 2020-12-28 INSERTED

Amended by Regulation (EU) 2019/877 32019R0877

applies from: unknown (an inserted provision states its own application date only in prose)

A new Article 10a has been added, granting the Board power to prohibit an entity from making certain distributions, including Common Equity Tier 1 distributions, variable remuneration or discretionary pension payments, and Additional Tier 1 payments, when the entity meets the combined buffer requirement alongside the requirements in points (a), (b) and (c) of Article 141a(1) of Directive 2013/36/EU but fails to meet it alongside the requirements referred to in Articles 12d and 12e of this Regulation.

The new provision sets out an assessment and monthly review process for the Board, exceptions after nine months tied to market disturbance conditions, and a detailed method for calculating the Maximum Distributable Amount related to the minimum requirement for own funds and eligible liabilities (M-MDA), including a quartile-based factor table.

Cited: Art. 10a, v2

text before / after, on the event page →