# Article 34 — Applicable criteria on the practical impediments to the prompt transfer of own funds and repayment of liabilities **Commission Delegated Regulation (EU) 2016/2251 · binding · OJ L 340, 15.12.2016 · dated 4 Oct 2016 [in force]** *In force · Consolidated version of 14 February 2023 · Checked against EUR-Lex on 20 Oct 2026 · [Official source](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02016R2251-20230214)* A practical 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](../../articles/11.md) of Regulation (EU) No 648/2012 shall be deemed to exist where there are restrictions of a practical nature, including any of the following: **(a)** insufficient availability of unencumbered or liquid assets to the relevant counterparty when due; **(b)** impediments of an operational nature which effectively delay or prevent such transfers or repayments when due. **CHAPTER IV — TRANSITIONAL AND FINAL PROVISIONS**