{
  "url": "https://openlegislation.uk/eu-regulation-2016-1075/article-36",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-1075/article-36.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/36",
  "kind": "article",
  "number": "36",
  "heading": "Resolvability of the providing entity",
  "text": "1. The provision of the financial support shall be considered not to undermine the resolvability of the providing entity, if the provision of the financial support does not make the implementation of the resolution strategy for the providing entity as set out in the resolution plan substantively less feasible or less credible, in accordance with the assessment under Articles 15 and 16 of Directive 2014/59/EU.\nThat assessment shall take into account in particular the impact of the provision of the financial support on:\n(a) the potential absorption of losses within the group after the resolution conditions have been met;\n(b) the interconnectedness of the providing entity with the receiving entity;\n(c) the risk of contagion within the group;\n(d) the group's complexity increased by the provision of the financial support;\n(e) the capital and liquidity situation of the providing entity.\n2. If providing entities are not fully informed about a preferred resolution strategy, they shall perform the assessment referred to in paragraph 1 on the basis of the information available to them about the resolution plan.\n3. The competent authorities and resolution authorities responsible for the providing entity shall cooperate closely in determining the impact of the group financial support on the resolvability of 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/36",
    "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."
}