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Commission Delegated Regulation (EU) 2016/2251 Article 33

Commission Delegated Regulation (EU) 2016/2251 Article 33

Applicable criteria on the legal impediment to the prompt transfer of own funds and repayment of liabilities

Article 33

A legal impediment to the prompt transfer of own funds or repayment of liabilities between the counterparties as referred to in paragraphs 5 to 10 of Article 11 of Regulation (EU) No 648/2012 shall be deemed to exist where there are actual or foreseen restrictions of a legal nature including any of the following: (a) currency and exchange controls; (b) a regulatory, administrative, legal or contractual framework that prevents mutual financial support or significantly affects the transfer of funds within the group; (c) any of the conditions on the early intervention, recovery and resolution as referred to in Directive 2014/59/EU of the European Parliament and of the Council  ( 11 ) are met, as a result of which the competent authority foresees an impediment to the prompt transfer of own funds or repayment of liabilities; (d) the existence of minority interests that limit decision-making power within entities that form the group; (e) the nature of the legal structure of the counterparty, as defined in its statutes, instruments of incorporation and internal rules.

Read the full instrument → · Read this in context: SECTION 2 — Applicable criteria for applying exemptions for intragroup derivative contracts →

Other provisions in SECTION 2 — Applicable criteria for applying exemptions for intragroup derivative contracts

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 33 of Commission Delegated Regulation (EU) 2016/2251 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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