Final draft guidelines on factual circumstances amounting to a material threat to financial stability and on the elements related to the effectiveness of the sale of business tool under Article 39(4) of Directive 2014/59/EU

To foster convergent practices among resolution authorities, these guidelines give guidance on these circumstances, and elements to be considered in their assessment. When assessing the impact on all market participants, which includes institutions and financial markets, including infrastructure providers as well as non-financial customers, resolution authorities should in particular consider circumstances that are relevant for the risk that marketing the institution under resolution may result in aggravating uncertainty and a loss of market confidence. For each of the marketing requirements set out in Article 39(1),the guidelines identify elements where compliance could undermine the effectiveness of the sale of business tool. Potential conflicts between the marketing requirements and the resolution objective can, for example, arise where there is the risk that full compliance may cause additional uncertainty and a loss of market confidence or where certain potential purchasers may be more likely to ensure financial stability than others, and in general with respect to the legal and organisational feasibility, the practicability and the timely implementation of the sale.