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Article 1 - Definitions
For the purposes of this Regulation, the following definitions apply:
1.
‘relevant public authority’ means:
(a)
the resolution authority designated in accordance with 2021;
(b)
the competent authority for the central counterparty (CCP) under resolution designated in accordance with 2012;
(c)
the members and observers of the resolution college referred to in Article 4(2) and (4) of Regulation (EU) 2021/23;
(d)
the members of the college referred to in 2012;
(e)
the competent authority for any entity within the same group as the CCP under resolution;
(f)
the deposit guarantee scheme to which the CCP under resolution is affiliated, where such CCP is also authorised as a credit institution in accordance with Directive 2013/36/EU of the European Parliament and of the Council
;
(g)
the body in charge of the resolution financing arrangements where the CCP is also authorised as a credit institution in accordance with Directive 2013/36/EU;
(h)
where applicable, the resolution authority of the group to which the CCP belongs, and the resolution authority of any entity within the same group as the CCP;
(i)
the competent ministry designated pursuant to 2021;
(j)
any other public authority involved in the resolution process of a CCP;
2.
‘valuer’ means a legal or natural person appointed to carry out the valuations referred to in Articles 24 and 26(1) and 61 of Regulation (EU) 2021/23;
3.
‘fair value’ means the price that would be received for the sale of an asset or paid to transfer a liability in an orderly transaction between market participants at the valuation date, as defined in the relevant accounting framework;
4.
‘hold value’ means the present value, discounted at an appropriate rate, of cash flows that the CCP can reasonably expect under fair, prudent and realistic assumptions from retaining particular assets and liabilities, considering factors affecting customer or counterparty behaviour or other valuation parameters in the context of resolution;
5.
‘disposal value’ means the value calculated in accordance with Article 17(5);
6.
‘franchise value’ means the net present value of cash flows, higher or lower than the value arising from the contractual terms and conditions of assets and liabilities existing at the valuation date, that can reasonably be expected to result from the maintenance and renewal of assets and liabilities or businesses and which includes the impact of any business opportunities, as relevant, including those stemming from the different resolution actions that are assessed by the valuer;
7.
‘equity value’ means an estimated market price for transferred or issued shares that results from the application of generally accepted valuation methodologies and that, depending on the nature of the assets or business, could comprise franchise value;
8.
‘measurement basis’ means the approach for determining the monetary amounts at which assets or liabilities are presented by the valuer;
9.
‘resolution decision date’ means the date of the decision of the resolution authority to take resolution action in relation to a CCP in accordance with 2021.