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Article 5 - Criteria for the adoption of delegated withdrawal decisions

Article 5
Criteria for the adoption of delegated withdrawal decisions

1.Withdrawal decisions may be taken by means of a delegated decision if all of the following criteria are met:

(a)

the decision is made on request of the supervised entity or due to a merger that results in the supervised entity ceasing to exist;

(b)

no deposits from the public remain with the supervised entity after the withdrawal has become effective;

(c)

the withdrawal is linked to a reorganisation within a group.

2.The assessment of withdrawal of authorisations shall be carried out in accordance with Article 18 of Directive 2013/36/EU as transposed into national law, also taking into consideration any applicable ECB guides or similar acts as may be issued by the ECB.

Official text · consolidated version 26/09/2021 (in force) Open full page ↗
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