{
  "url": "https://openlegislation.uk/eu-regulation-2016-1075/article-35",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-1075/article-35.json",
  "legislation": "eur/2016/1075",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-1075",
  "path": "article/35",
  "kind": "article",
  "number": "35",
  "heading": "Liquidity and solvency of the providing entity",
  "text": "1. Subject to the condition specified in point (g) of Article 23(1) of Directive 2014/59/EU, the provision of the financial support shall be considered not to jeopardise the liquidity or solvency of the providing entity if, following the provision of the financial support:\n(a) the assets of the providing entity can be reasonably expected to be at all times higher than its liabilities;\n(b) the providing entity can be reasonably expected to comply with the following:\n(i) to be able to pay all of its liabilities as they fall due;\n(ii) not to infringe the requirements on solvency and liquidity under Directive 2013/36/EU and Regulation (EU) No 575/2013 in a way that would justify the withdrawal of the authorisation by the competent authority.\n2. The assessment shall take into account the default risk of the receiving entity and the loss for the providing entity resulting from the default of the receiving entity also having regard to a potential adverse development. The assessment shall comply with the appropriate prudential requirements of proper risk management for the providing entity.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/1075/article/35",
    "retrieved_at": "2026-11-01T14:45:43.555003+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}