Regulations

Published: 1/1/2016 Modified: 9/1/2024
This section provides links to regulations relevant to the area of resolution of credit institutions.

Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014), as last amended by Regulation (EU) 2019/877 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EU) No 806/2014 as regards the loss-absorbing and recapitalisation capacity of credit institutions and investment firms (Text with EEA relevance) (OJ L 150, 7.6.2019)

Act on the Resolution of Credit Institutions and Investment Firms (Official Gazette, 146/2020 and 21/2022), which transposes into the legal system of the Republic of Croatia Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (Text with EEA relevance) (OJ L 173, 12.6.2014)

DECISIONS

Bylaws adopted pursuant to the Act on the Resolution of Credit Institutions and Investment Firms:

  • Decision on actions in relation to the exercise of the power to write down and convert relevant capital instruments, eligible liabilities and bail-inable liabilities (OG 94/2021)
  • Decision on the minimum requirement for own funds and eligible liabilities for credit institutions for which the resolution plan envisages normal insolvency proceedings (OG 53/2021)
  • Decision on the manner of application of simplified obligations in the area of resolution to credit institutions (OG 53/2021)
  • Decision on the conditions for and the manner of implementing inspection for resolution purposes and imposing resolution actions (OG 53/2021)

GUIDELINES

The Croatian National Bank, as the national resolution authority for credit institutions in the Republic of Croatia, complies with the following guidelines of the European Banking Authority:

  • Guidelines on the specification of measures to reduce or remove impediments to resolvability and the circumstances in which each measure may be applied under Directive 2014/59/EU (EBA/GL/2014/11)
  • Guidelines on factual circumstances amounting to a material threat to financial stability and on the elements related to the effectiveness of the sale of business tool under Article 39(4) of Directive 2014/59/EU (EBA/GL/2015/04)
  • Guidelines on the determination of when the liquidation of assets or liabilities under normal insolvency proceedings could have an adverse effect on one or more financial markets under Article 42(14) of Directive 2014/59/EU (EBA/GL/2015/05)
  • Guidelines on the minimum list of services or facilities that are necessary to enable a recipient to operate a business transferred to it under Article 65(5) of Directive 2014/59/EU (EBA/GL/2015/06)
  • Guidelines on the interpretation of the different circumstances when an institution shall be considered as failing or likely to fail under Article 32(6) of Directive 2014/59/EU (EBA/GL/2015/07)
  • Guidelines on the minimum criteria to be fulfilled by a business reorganisation plan (EBA/GL/2015/21)
  • Guidelines concerning the interrelationship between the BRRD sequence of writedown and conversion and CRR/CRD (EBA/GL/2017/02)
  • Guidelines on the rate of conversion of debt to equity in bail-in (EBA/GL/2017/03)
  • Guidelines on the treatment of shareholders in bail-in or the write-down and conversion of capital instruments (EBA/GL/2017/04),
  • Guidelines on improving resolvability for institutions and resolution authorities under articles 15 and 16 BRRD (Resolvability Guidelines) (EBA/GL/2022/01)
  • Guidelines for institutions and resolution authorities to complement the resolvability assessment for transfer strategies (Transferability guidelines) (EBA/GL/2022/11)
  • Guidelines to resolution authorities on the publication of the write-down and conversion and bail-in exchange mechanic (EBA/GL/2023/01)
  • Guidelines amending Guidelines EBA/GL/2022/01 on improving resolvability for institutions and resolution authorities under articles 15 and 16 of Directive 2014/59/EU (Resolvability Guidelines) to introduce a new section on resolvability testing (EBA/GL/2023/05)

CREDITOR HIERARCHY WITHIN THE COMPULSORY LIQUIDATION PROCEEDINGS

Other legal acts adopted in the area of resolution may be found on the web site of the Croatian National Bank, under About us/Functions and structure/Regulations.

All legal acts of the EU published in the Official Journal of the EU may be found on the web site EUR-Lex.