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New version applies from 20/07/2017 — introduced by Directive (EU) 2017/1132. 123 provisions change. Later versions: 28/12/2017, 27/06/2019, 07/01/2020, 26/06/2021, 12/08/2022, 14/11/2022, 09/01/2024, 14/11/2024, 17/01/2025, 11/05/2026. Article 80 changes in this version: compare with the current text.

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

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

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))

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

((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. 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.

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