When assessing whether there is a current or foreseeable material, practical or legal impediment to the prompt transfer of own funds or repayment of liabilities from the counterparty to the members under Article 113(7)(a) in conjunction with Article 113(6)(e) of Regulation (EU) No 575/2013, the NCAs shall take into account whether:
the shareholding or legal structure of the members could hamper the transferability of own funds or repayment of liabilities;
the formal decision-making process regarding the transfer of own funds between members ensures prompt transfers;
the by-laws of the members, any shareholder's agreement, or any other known agreements contain any provisions that could obstruct the transfer of own funds or repayment of liabilities by the counterparty;
there have been any serious management difficulties or corporate governance issues related to the members, which could have a negative impact on the prompt transfer of own funds or the repayment of liabilities;
any third parties 6 are able to exercise control over or prevent the prompt transfer of own funds or repayment of liabilities;
there are any indications from the past regarding flows of funds between members which demonstrate the ability to promptly transfer funds or repay liabilities.
The crisis management intermediation role and responsibility of the IPS to provide funds to support troubled members is considered key.