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Recital 11

Recital 11

(11)The resolution framework is meant to have the potential to be applied to any institution or entity, irrespective of its size and business model, if the tools available under national law are not adequate to manage its failure. However, some objectives of the framework need to be further specified to increase harmonisation and to promote convergence. The resolution objective of ensuring continuity of critical functions aims to safeguard financial stability and the real economy. It is therefore necessary to ensure that the provision of critical functions is not discontinued. In particular, it is necessary to clarify that, depending on the specific circumstances, resolution authorities should be able to conclude that certain functions of an institution or entity are considered to be critical even if their discontinuance would disrupt financial stability or services that are essential to the real economy only at regional level. As regards deposit taking, resolution authorities are to pay due attention to the risk of a loss of confidence of depositors holding deposits not covered by Directive 2014/49/EU of the European Parliament and of the Council 8 . Public funds should be protected by minimising reliance on extraordinary public financial support, in particular when provided from the budget of a Member State. Depositors covered by Directive 2014/49/EU, investors covered by Directive 97/9/EC of the European Parliament and of the Council 9 , client funds and client assets are also to be protected.

  1. 8 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes ( OJ L 173, 12.6.2014, p. 149 , ELI: http://data.europa.eu/eli/dir/2014/49/oj ). ↩
  2. 9 Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes ( OJ L 84, 26.3.1997, p. 22 , ELI: http://data.europa.eu/eli/dir/1997/9/oj ). ↩
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