FROB - Autoridad de Resolución Ejecutiva, ir a inicio
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Sede Electrónica
FROB - Autoridad de Resolución Ejecutiva, ir a inicio
  • About FROB
    • FROB at a glance
    • Who we are
    • Governance and organization
      • Governing Committee
      • Chair
      • Management Committee
    • Financial Reports
      • Capital and funding
      • Annual accounts
      • Budgetary information
    • Annual report on FROB´s activity
    • Procurement
      • Applicable law and contractor profile
      • Contracts excluded from LCSP
    • Recruitment
  • FROB in the SRM
    • What is banking resolution?
      • Banking resolution
      • Principles and objectives of banking resolution
      • Resolution tools
      • More information about banking resolution
    • The SRM and the Banking Union
      • The SRM and the Banking Union
      • Single Resolution Board (SRB)
    • Resolution framework in Spain
      • Resolution in Spain
      • FROB as the national executive resolution authority
    • Resolution Funds
      • National Resolution Fund
      • Single Resolution Fund
      • Contributions to the Resolution Funds
      • SRF – NRF comparison
    • Resolution Decisions within the SRM
    • EU Legislation
  • FROB´s first years
    • Fund for Orderly Bank Restructuring
    • Financial support granted
      • Figures of FROB’s activity
      • Figures by entities
      • Guarantees
    • Legislation
    • FROB Resolution Decisions
    • Shareholdings
      • Sareb
      • BFA
  • Press and publications
    • Press releases and information notes
    • Public engagements and publications
    • Press Contact details
    • Media resources
    • Policy on FROB LinkedIn use
  • Transparency portal
    • Annual Accounts
    • Budgetary information
    • Average period of payment to suppliers
    • Court of Auditors’ reports
    • Management Remuneration
    • Statistical data on procurement
    • Cooperation agreements
    • Register of data processing activities
    • Access to public information
    • Refusal decisions on Transparency
    • Whistleblower Channel
    • Internal regulations
    • National Security Framework
  • ENG
    • ESP
    • ENG
    • CAT
    • GLG
    • EUS
    • VAL
  • ENG
    • ESP
    • ENG
    • CAT
    • GLG
    • EUS
    • VAL
Sede Electrónica
  • About FROB
    • FROB at a glance
    • Who we are
    • Governance and organization
      • Governing Committee
      • Chair
      • Management Committee
    • Financial Reports
      • Capital and funding
      • Annual accounts
      • Budgetary information
    • Annual report on FROB´s activity
    • Procurement
      • Applicable law and contractor profile
      • Contracts excluded from LCSP
    • Recruitment
  • FROB in the SRM
    • What is banking resolution?
      • Banking resolution
      • Principles and objectives of banking resolution
      • Resolution tools
      • More information about banking resolution
    • The SRM and the Banking Union
      • The SRM and the Banking Union
      • Single Resolution Board (SRB)
    • Resolution framework in Spain
      • Resolution in Spain
      • FROB as the national executive resolution authority
    • Resolution Funds
      • National Resolution Fund
      • Single Resolution Fund
      • Contributions to the Resolution Funds
      • SRF – NRF comparison
    • Resolution Decisions within the SRM
    • EU Legislation
  • FROB´s first years
    • Fund for Orderly Bank Restructuring
    • Financial support granted
      • Figures of FROB’s activity
      • Figures by entities
      • Guarantees
    • Legislation
    • FROB Resolution Decisions
    • Shareholdings
      • Sareb
      • BFA
  • Press and publications
    • Press releases and information notes
    • Public engagements and publications
    • Press Contact details
    • Media resources
    • Policy on FROB LinkedIn use
  • Transparency portal
    • Annual Accounts
    • Budgetary information
    • Average period of payment to suppliers
    • Court of Auditors’ reports
    • Management Remuneration
    • Statistical data on procurement
    • Cooperation agreements
    • Register of data processing activities
    • Access to public information
    • Refusal decisions on Transparency
    • Whistleblower Channel
    • Internal regulations
    • National Security Framework
  • ENG
    • ESP
    • ENG
    • CAT
    • GLG
    • EUS
    • VAL
  • About FROB
    • FROB at a glance
    • Who we are
    • Governance and organization
      • Governing Committee
      • Chair
      • Management Committee
    • Financial Reports
      • Capital and funding
      • Annual accounts
      • Budgetary information
    • Annual report on FROB´s activity
    • Procurement
      • Applicable law and contractor profile
      • Contracts excluded from LCSP
    • Recruitment
  • FROB in the SRM
    • What is banking resolution?
      • Banking resolution
      • Principles and objectives of banking resolution
      • Resolution tools
      • More information about banking resolution
    • The SRM and the Banking Union
      • The SRM and the Banking Union
      • Single Resolution Board (SRB)
    • Resolution framework in Spain
      • Resolution in Spain
      • FROB as the national executive resolution authority
    • Resolution Funds
      • National Resolution Fund
      • Single Resolution Fund
      • Contributions to the Resolution Funds
      • SRF – NRF comparison
    • Resolution Decisions within the SRM
    • EU Legislation
  • FROB´s first years
    • Fund for Orderly Bank Restructuring
    • Financial support granted
      • Figures of FROB’s activity
      • Figures by entities
      • Guarantees
    • Legislation
    • FROB Resolution Decisions
    • Shareholdings
      • Sareb
      • BFA
  • Press and publications
    • Press releases and information notes
    • Public engagements and publications
    • Press Contact details
    • Media resources
    • Policy on FROB LinkedIn use
  • Transparency portal
    • Annual Accounts
    • Budgetary information
    • Average period of payment to suppliers
    • Court of Auditors’ reports
    • Management Remuneration
    • Statistical data on procurement
    • Cooperation agreements
    • Register of data processing activities
    • Access to public information
    • Refusal decisions on Transparency
    • Whistleblower Channel
    • Internal regulations
    • National Security Framework
  • ENG
    • ESP
    • ENG
    • CAT
    • GLG
    • EUS
    • VAL
Sede Electrónica

Principles and objectives of banking resolution

FROB / FROB in the SRM / What is banking resolution? / Principles and objectives of banking resolution

Principles and objectives of banking resolution

  • Resolution processes are based on the following principles:
  • Shareholders of the entities bear first losses, followed by creditors. Covered deposits are fully protected.
  • Creditors of the same rank will be treated equally.
  • No creditor shall incur greater losses than would have been incurred if an entity had been wound up under normal insolvency proceedings.
  • Management bodies of the entity will be replaced.

Current resolution regime pursues the following objectives:

  1. To avoid significant adverse effects on financial stability, in particular by preventing contagion to the system.
  2. To ensure the continuity of essencial services for the real economy or for financial stability.
  3. To ensure an efficient use of public resources, by minimising reliance on extraordinary public financial support, being the shareholders and creditors, or the industry in its turn, who must assume the losses.
    To this end, Law 11/2015 foresees both internal mechanisms for loss absorption by the shareholders and creditors of the entity under resolution (the internal recapitalization instrument), as well as the establishment of a National Resolution Fund, financed by contributions from investment firms that are not included under the scope of the Single Resolution Mechanism, as well as branches in Spain of credit institutions and investment firms established in third countries.
  4. To protect depositors covered by the Deposit Guarantee Fund of Credit Institutions and investors covered by the Investment Guaranty Fund.
  5. To protect client funds and client assets.
Objectives Art. 14 Regulation (UE) nº 806/2014 -Art.3 Spanish Law 11/2015 Principles Art. 15 Regulation (UE) nº 806/2014 -Art.4 Spanish Law 11/2015

TO PROTECT FINANCIAL STABILITY

To ensure the continuity of critical funtions, the interruption of which could disrupt the provision of essencial services for the real economy or for financial stability

PRIVATE LOSS ABSORPTION

The shareholders of the instituiton bear first losses. Creditors of the institution bear losses after the shareholders in accordance with the order of proiority  of their claims.
Creditors of the same class are treated in an equitable manner.

To avoid significand adverse effects on financial stability, in particular by preventinf contagion, including to market infrastructures, and by maintaining market discipline.

No creditor shall incur greater losses than would have been incurred if an entity had been wound up under normal insolvency proceedings

TO MONIMISE USE OF PUBLIC FUNDS

To ensure an efficient use of public resources, by minimising reliance on extraordinary public financial support.

REPLACEMENT OF MANAGEMENT BODIES

They will be replaced, except in those cases where the retention of the management body and senior management is considered to be necessary for the achievement of the resolution objectives. They shall provide all necessary assistance for the achievement of the resolution objectives.
Natural and legar persons are made liable, subject to national law, for their responsibility for the failure of the institution.

TO PROTECT DEPOSITORS AND OTHER FUNDS

To protect depositors covered by the Deposit Guarantee Fund of Credit Institutions and investors covered by the investment Guaranty Fund.

PROTECTION OF COVERED DEPOSITS

Covered deposits are fully protected

To protect client funds and client assets

SAFEGUARDS

Resolution actions are taken in accordance with the safeguards in this Regulation.

When pursuing this objectives, authorities shall seek to minimise the cost of resolution and avoid destruction of value unless necessary to achieve the resolution objectives.

FROB in the SRM

  • What is banking resolution?
    • Banking resolution
    • Principles and objectives of banking resolution
    • Resolution tools
    • More information about banking resolution
  • The SRM and the Banking Union
    • The SRM and the Banking Union
    • Single Resolution Board (SRB)
  • Resolution framework in Spain
    • Resolution in Spain
    • FROB as the national executive resolution authority
  • Resolution Funds
    • National Resolution Fund
    • Single Resolution Fund
    • Contributions to the Resolution Funds
    • SRF – NRF comparison
  • Resolution Decisions within the SRM
  • EU Legislation

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