Solvency in the context of Article 32(4)(d)

Answer

Within the context of Article 32 of Directive 2014/59/EU (BRRD), the notion of solvent institution should be interpreted as referring to an institution which does not fall within Article 32(4)(a), (b), (c) However, it is understood that, as regards Article 32(4)(a), the concept of solvency does not refer to meeting conditions for authorisation that would relate to non-financial resources (such as systems and controls). Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.