Art. 21 Measures to improve resolvability
(Art. 24 para. 1 FinMIA) The measures to improve the financial market structure's resolvability can encompass in particular: - a.
- structural improvements and unbundling by means of:
- 1.
- amendments to the legal structure to create business-aligned legal entities,
- 2.
- the creation of legally independent service units,
- 3.
- the elimination or minimisation of de facto compulsory government support, particularly by creating an independent management structure,
- 4.
- the reduction of geographical or balance sheet asymmetries;
- b.
- financial unbundling to contain risks of contagion by means of:
- 1.
- the reduction of capital participations between legal entities at the same level,
- 2.
- restrictions on the granting of unsecured loans and guarantees between legal entities at the same level within the financial group,
- 3.
- the creation of an incentive structure that gives rise to the highest possible degree of market-consistent intra-group financing;
- c.
- operational unbundling to safeguard data and ensure continuation of important operational services by means of:
- 1.
- ensuring access to and use of data resources, databases and IT resources,
- 2.
- the separation or permanent outsourcing of key functions,
- 3.
- access to and continued use of systems essential to business operations.
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