Recovery and Resolution (Amendment No. 2) Regulations, 2025

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,481, 5 ta’ Awwissu, 2025

L.N. 171 of 2025

MALTA FINANCIAL SERVICES AUTHORITY ACT

(CAP. 330)

Recovery and Resolution (Amendment No. 2) Regulations, 2025

IN EXERCISE of the powers conferred by articles 20A and 20D

of the Malta Financial Services Authority Act, the Minister

responsible for the regulation of financial services, acting on the

advice of the Malta Financial Services Authority and of the Resolution

Authority, has made the following regulations:-

(1) The title of these regulations is the Recovery and Citation and

Resolution (Amendment No. 2) Regulations, 2025 and these scope.

regulations shall be read and construed as one with the Recovery and S.L. 330.09.

Resolution Regulations, hereinafter referred to as the "principal

regulations".

(2) The scope of these regulations is to better transpose

Directive (EU) 2019/879 of the European Parliament and of the Council

of 20 May 2019 amending Directive 2014/59/EU as regards the loss-

absorbing and recapitalisation capacity of credit institutions and

investment firms and Directive 98/26/EC.

2 .

In sub-regulation (2) of regulation 45 of the principal Amends

regulations the words "in accordance with sub-regulations (3), (5) and regulation

the principal

(7) of regulation 45C" shall be substituted by the words "in accordance regulations.

with sub-regulations (3), (4), (5), (7) and (8) of regulation 45C".

Regulation 45B of the principal regulations shall be Amends

regulation 45B

amended as follows

of the principal

regulations.

(a)

sub-regulation (2) thereof shall be amended as

follows

(i) the words "that satisfy the conditions of

paragraph (a) of sub-regulation (1)," shall be substituted by

the words "that satisfy the conditions of paragraphs (a) to

(c) of sub-regulation (1),";

(ii) in the first proviso to paragraph (b) thereof the

words "regulation 49(3):" shall be substituted by the words

"regulation 49(4):";

(b)

in the fourth proviso to sub-regulation (4) thereof the

words "For resolution entities that are subject to regulation

45C(6), the first proviso does not apply." shall be substituted by

the words "For resolution entities that are subject to regulation

45C(6), the third proviso does not apply.".

Regulation 45C of the principal regulations shall be

amended as follows

(a) in sub-regulation (3) thereof the words "the amount

referred to in paragraph (a) of regulation 45C(2)" shall be

substituted by the words "the amount referred to in regulation

45C(2)";

(b)

sub-regulation (4) thereof shall be amended as

follows

(i) in paragraph (c) thereof the words "Where

paragraph (a) of this sub-regulation applies" shall be

substituted by the words "Where paragraph (b) of this sub-

regulation applies";

(ii) in paragraph (d) thereof the words "The amount

referred to in paragraph (a) of this sub-regulation" shall be

substituted by the words "The amount referred to in

paragraph (b) of this sub-regulation";

(c) in paragraph (c) of sub-regulation (8) thereof the

words "provided in paragraph (a)(i) of sub-regulation (7)" shall

be substituted by the words "provided in paragraph (a)(ii) of sub-

regulation (7)";

(d) in sub-regulation (11) thereof the words "sub-

regulation (3) and (7)" shall be substituted by the words "sub-

regulations (3), (4), (7) and (8)".

In sub-regulation (3) of regulation 45E of the principal

regulations the words "regulation 45C(3) and (5)" shall be substituted

by the words "regulation 45C(3), (4) and (5)".

Regulation 45F of the principal regulations shall be

amended as follows

(a) in paragraph (d) of sub-regulation (1) thereof the

words "regulation 45C(7)" shall be substituted by the words

"regulation 45C(7) and (8)";

(b) in sub-paragraph (ii) of paragraph (a) of sub-

regulation (2) thereof the words "Article 72b(3) of the said

Regulation;" shall be substituted by the words "Article 72b(3) to

(5) of the said Regulation;".

In sub-regulation (1) of regulation 71A of the principal Amends

regulations the words "regulations 33A" shall be substituted by the regulation

71A

of the principal

words "regulations 33B".

regulations.

€0.18