Scope
1. This Directive shall apply to credit institutions and their branches set up in Member States other than those in which they have their head offices, as defined in points (1) and (3) of Article 1 of Directive 2000/12/EC, subject to the conditions and exemptions laid down in Article 2(3) of that Directive.
2. The provisions of this Directive concerning the branches of a credit institution having a head office outside the Community shall apply only where that institution has branches in at least two Member States of the Community.
Definitions
For the purposes of this Directive:
- "home Member State" shall mean the Member State of origin within the meaning of Article 1, point (6) of Directive 2000/12/EC;
- "host Member State" shall mean the host Member State within the meaning of Article 1, point (7) of Directive 2000/12/EC;
- "branch" shall mean a branch within the meaning of Article 1, point (3) of Directive 2000/12/EC;
- "competent authorities" shall mean the competent authorities within the meaning of Article 1, point (4) of Directive 2000/12/EC;
- "administrator" shall mean any person or body appointed by the administrative or judicial authorities whose task is to administer reorganisation measures;
- "administrative or judicial authorities" shall mean such administrative or judicial authorities of the Member States as are competent for the purposes of reorganisation measures or winding-up proceedings;
- "reorganisation measures" shall mean measures which are intended to preserve or restore the financial situation of a credit institution and which could affect third parties' pre-existing rights, including measures involving the possibility of a suspension of payments, suspension of enforcement measures or reduction of claims;
- "liquidator" shall mean any person or body appointed by the administrative or judicial authorities whose task is to administer winding-up proceedings;
- "winding-up proceedings" shall mean collective proceedings opened and monitored by the administrative or judicial authorities of a Member State with the aim of realising assets under the supervision of those authorities, including where the proceedings are terminated by a composition or other, similar measure;
- "regulated market" shall mean a regulated market within the meaning of Article 1, point (13) of Directive 93/22/EEC;
- "instruments" shall mean all the instruments referred to in Section B of the Annex to Directive 93/22/EEC.
TITLE II
REORGANISATION MEASURES
A. Credit institutions having their head offices within the Community
