# Commission Delegated Regulation (EU) 2016/1075 of 23 March 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the content of recovery plans, resolution plans and group resolution plans, the minimum criteria that the competent authority is to assess as regards recovery plans and group recovery plans, the conditions for group financial support, the requirements for independent valuers, the contractual recognition of write-down and conversion powers, the procedures and contents of notification requirements and of notice of suspension and the operational functioning of the resolution colleges (Text with EEA relevance), Article 104: Consultation on the group resolution scheme

Extent: E+W+S+N.I.

1. The members of the resolution college receiving the draft group resolution scheme in accordance with Article 103(3) shall express their material diverging views or concerns, if any.
2. Material divergent views and concerns may address all aspects of the draft group resolution scheme, including:
(a) impediments, if any, in national law or otherwise to carrying out the group resolution scheme in accordance with the strategy and resolution actions;
(b) any relevant updates to the information submitted for the mutualisation of the financing arrangements that could impact carrying out the financing plan;
(c) the impact of the group resolution scheme or of the financing plan on the subsidiaries covered by the group resolution scheme in their respective Member State.
3. Material divergent views and concerns shall be clearly set out in writing, which may include electronic format, and shall be fully reasoned.
Material divergent views and concerns shall be expressed without undue delay recognising the urgency of the situation and by the time limit set in Article 103(3).
4. Upon expiry of the time limit, the group-level resolution authority shall presume that all members who did not express divergent views or concerns have agreed to the group resolution scheme.

---
Source: https://www.legislation.gov.uk/eur/2016/1075/article/104 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-1075/article-104
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

