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Article 80 - Partial transfers: protection of trading, clearing and settlement systems

Comparing 02/07/2014 → 20/07/2017: 0 added, 0 removed, 4 changed Close comparison

1. 1. Member States shall ensure that the application of a resolution tool does not affect the operation of systems and rules of systems covered by Directive 98/26/EC, where the resolution authority:

(a)((a)) transfers some but not all of the assets, rights or liabilities of an institution under resolution to another entity; or

(b)((b)) uses powers under Article 64 to cancel or amend the terms of a contract to which the institution under resolution is a party or to substitute a recipient as a party.

2. 2. In particular, a transfer, cancellation or amendment as referred to in paragraph 1 of this Article shall not revoke a transfer order in contravention of Article 5 of Directive 98/26/EC; and shall not modify or negate the enforceability of transfer orders and netting as required by Articles 3 and 5 of that Directive, the use of funds, securities or credit facilities as required by Article 4 thereof or protection of collateral security as required by Article 9 thereof.

Official text · consolidated version 20/07/2017 (no longer in force) Open full page ↗
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