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In this act Article 33 of 42

Article 33 — Applicable criteria on the legal impediment to the prompt transfer of own funds and repayment of liabilities

Financial servicesLevel 2RTSEMIRIn forceOfficial source

A legal impediment to the prompt transfer of own funds or repayment of liabilities between the counterparties as referred to in paragraphs 5 to 10 of Article 11 of Regulation (EU) No 648/2012 shall be deemed to exist where there are actual or foreseen restrictions of a legal nature including any of the following:

33(a)
(a)currency and exchange controls;
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33(b)
(b)a regulatory, administrative, legal or contractual framework that prevents mutual financial support or significantly affects the transfer of funds within the group;
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33(c)
(c)any of the conditions on the early intervention, recovery and resolution as referred to in Directive 2014/59/EU of the European Parliament and of the Council are met, as a result of which the competent authority foresees an impediment to the prompt transfer of own funds or repayment of liabilities;
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33(d)
(d)the existence of minority interests that limit decision-making power within entities that form the group;
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33(e)
(e)the nature of the legal structure of the counterparty, as defined in its statutes, instruments of incorporation and internal rules.
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