2023R1616 - Summary

COMMISSION DELEGATED REGULATION (EU) 2023/1616 of 3 May 2023 supplementing Regulation (EU) 2021/23 of the European Parliament and of the Council with regard to regulatory technical standards specifying the circumstances in which a person is deemed to be independent from the resolution authority and from the central counterparty, the methodology for assessing the value of assets and liabilities of a central counterparty, the separation of the valuations, the methodology for calculating the buffer for additional losses to be included in provisional valuations, and the methodology for carrying out the valuation for the application of the ‘no creditor worse off’ principle (Text with EEA relevance)

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🇫🇷 French Version: 2023R1616_FR.0. Open the PDF. Direct link to EUR-LEX.

Article 1 - Definitions
Article 2 - Elements of independence
Article 3 - Material common or conflicting interests
Article 4 - Qualifications, experience, ability, knowledge and resources
Article 5 - Structural separation
Article 6 - General criteria
Article 7 - Valuation date
Article 8 - Sources of information
Article 9 - Impact of group arrangements
Article 10 - Impact of interoperability arrangements
Article 11 - Valuation report
Article 12 - General principles
Article 13 - Areas requiring particular attention in the valuation
Article 14 - Factors affecting the valuation
Article 15 - General principles
Article 16 - Selection of the measurement basis
Article 17 - Specific factors relating to the estimation and discounting of expected cash flows
Article 18 - Methodology for calculating and including a buffer for additional losses
Article 19 - General provisions
Article 20 - Inventory of assets and claims
Article 21 - Steps of the valuation
Article 22 - Determination of the treatment of shareholders and creditors under normal insolvency proceedings
Article 23 - Direct replacement costs incurred by the clearing members under normal insolvency proceedings
Article 24 - Determination of the actual treatment of shareholders and creditors in resolution
Article 25 - Valuation report
Article 26 - Entry into force