Retained EU Law SI 2018/344 United Kingdom

Commission Delegated Regulation (EU) 2018/344 of 14 November 2017 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodologies for valuation of difference in treatment in resolution (Text with EEA relevance)

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2 Employer1

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art001 General provisions Regulated
Other duties (1) — Crown / regulator
  • Valuer must determine shareholder and creditor treatment in resolutionStatutory regulator
s.art002 Inventory of assets and claims Regulated
Other duties (1) — Crown / regulator
  • Valuer must establish inventory of all assets and claimsStatutory regulator
s.art003 Steps of the valuation Regulated
  • Valuer must compare creditor treatment in resolution vs insolvencyEmployer
s.art004 Determination of the treatment of shareholders and creditors under normal insolvency proceedings Regulated
  • Use discounted cash flow method for insolvency valuationAny Person
s.art005 Determination of the actual treatment of shareholders and creditors in resolution Regulated
Other duties (1) — Crown / regulator
  • Valuer must identify outstanding claims and assign them to shareholders and creditorsStatutory regulator
s.art006 Valuation report Regulated
  • Valuers must prepare a detailed valuation report for the resolution authorityAny Person
1 other provision — procedural and definitional
s.art007 Entry into force

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.