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Provision history · SRMR

Art. 12g · Application of the minimum requirement for own funds and eligible liabilities to entities that are not themselves resolution entities

Single Resolution Mechanism Regulation · 32014R0806 · every version of this act · on EUR-Lex (external, EUR-Lex)

3 changes recorded across 3 versions, newest first.

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Version in force , Modified +992 −17

Amended by Regulation (EU) 2026/808 32026R0808 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

Paragraph 1 now describes the Board's discretionary power as extending not only to an entity referred to in Article 2, point (b), but also to a financial institution referred to in Article 2, point (c), and rewords the reference to consultation with competent authorities as having already occurred.

A new paragraph 4 has been added setting out that, where subsidiaries established in the Union, or a Union parent undertaking and its subsidiary institutions, are not resolution entities under the global resolution strategy and the members of the European resolution college agree with that strategy, they shall comply with the Article 12a(1) requirement by issuing the instruments referred to in paragraph 2, points (a) and (b), to their ultimate third-country parent undertaking, to that parent's subsidiaries established in the same third country, or to other entities under the conditions in paragraph 2, points (a)(i) and (b)(ii).

Cited: Art. 12g, v1 (external, EUR-Lex) · Art. 12g, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 10 November 2025 02014R0806-20251110 → this version, in force 11 June 2026 02014R0806-20260611

Article 12g Application of the minimum requirement for own funds and eligible liabilities to entities that are not themselves resolution entities 1. Institutions that are subsidiaries of a resolution entity or of a third-country entity, but are not themselves resolution entities, shall comply with the requirements laid down in Article 12d on an individual basis. The Board, after consulting having consulted the competent authorities, including the ECB, may decide to apply the requirement laid down in this Article to an entity as referred to in Article 2, point (b) of (b), or to a financial institution as referred to in Article 2 2, point (c), that is a subsidiary of a resolution entity but is not itself a resolution entity. By way of derogation from the first subparagraph of this paragraph, Union parent undertakings that are not themselves resolution entities, but are subsidiaries of third-country entities, … 1,467 unchanged words … Board, the resolution entity shall provide an independent written and reasoned legal opinion or shall otherwise satisfactorily demonstrate that there are no legal, regulatory or operational barriers to the transfer of collateral from the resolution entity to the relevant subsidiary.4. Where in accordance with the global resolution strategy subsidiaries established in the Union, or a Union parent undertaking and its subsidiary institutions, are not resolution entities and the members of the European resolution college, where established pursuant to Article 89 of Directive 2014/59/EU, agree with that strategy, subsidiaries established in the Union or, on a consolidated basis, the Union parent undertaking shall comply with the requirement of Article 12a(1) of this Regulation by issuing the instruments referred to in paragraph 2, points (a) and (b), of this Article, to any of the following: (a) their ultimate parent undertaking established in a third country; (b) the subsidiaries of that ultimate parent undertaking that are established in the same third country; (c) other entities under the conditions set out in paragraph 2, points (a)(i) and (b)(ii), of this Article.

Version in force , Modified

Amended by Directive (EU) 2024/1174 32024L1174 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

A new subparagraph is inserted into paragraph 1 allowing the Board to decide to determine the Article 12d requirement on a consolidated basis, rather than an individual basis, for certain subsidiaries, setting out conditions relating to the subsidiary's status, the effect of deductions under Article 72e(5) of Regulation (EU) No 575/2013, its treatment under Article 104a of Directive 2013/36/EU, and whether such consolidated treatment would materially impair the group resolution strategy, the subsidiary's capacity to meet own funds requirements after write-down or conversion, or the internal loss transfer and recapitalisation mechanism.

Two new paragraphs, 2a and 2b, are added specifying which liabilities issued by a Union-established subsidiary included in the consolidation are to be included in the consolidated own funds and eligible liabilities amount, and capping the amount of such liabilities by reference to the subsidiary's own requirement under Article 12(1) minus liabilities held within the consolidation and own funds issued under paragraph 2, point (b).

The earlier version of Article 12g contained no such consolidated-basis derogation for individual subsidiaries and no equivalent paragraphs 2a or 2b.

Cited: Art. 12g, v2 (external, EUR-Lex) · Art. 12g, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version in force , Inserted

Amended by Regulation (EU) 2019/877 32019R0877 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (an inserted provision states its own application date only in prose) why

Not in every listWhat this means

Found in the text, but not every source lists it — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. Only the text comparison found it. All are shown; none is overruled.

Explanation, written by a model and checked against the cited text

Article 12g is a new provision setting out how institutions that are subsidiaries of a resolution entity, but are not themselves resolution entities, must comply with own funds and eligible liabilities requirements, including on an individual or consolidated basis depending on the case described.

It further specifies the categories of liabilities and own funds that can be used to meet the requirement referred to in Article 12a(1), and the conditions under which the Board may permit the requirement to be met in whole or in part through a guarantee provided by the resolution entity.

Cited: Art. 12g, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page