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Ordinance on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Ordinance, FinMIO)
Art.21Measures 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.