Resolution is responsible for drafting resolution plans for banks and certain investment services firms, advise the Resolution Committee on whether an institution should go into liquidation or resolution and the application of resolution tools when necessary. Resolution interacts on an on-going basis with European institutions and local Authorities.
In order to retain its operational independence from the supervisory function, the MFSA Act contemplates the creation of a Resolution Committee and its underlying structures. The Resolution Committee has all the powers assigned to it by the Resolution Authority under the above-mentioned Act. The Resolution functions are carried out as contemplated by the Act and as provided for by the Resolution Committee. Furthermore, Resolution also administers the requirements emanating from the Bank Recovery and Resolution Directive (BRRD), Single Resolution Mechanism Regulation (SRMR), the Recovery and Resolution Regulations (RRR) and the Intergovernmental Agreement (IGA) on the transfer and mutualisation of contributions to the Single Resolution Fund.
Moreover, Resolution interacts continually with European institutions mainly the Single Resolution Board (SRB) and local authorities to draft resolution plans for banks and certain investment firms. They also advise the Resolution Committee on whether an institution should go into liquidation or resolution, applying resolution tools as necessary. Furthermore, they manage the process related to Resolution Funds and draft necessary Policies and Legislation supporting the resolution process.
Resolution is composed of two main teams which are inter-related, Policy & Legal and Resolution Planning. Policy & Legal is focused on transposition and drafting of relevant legislation and issuance of circulars to apply European Banking Authority (EBA) Guidelines. This team is also responsible for the analysis of policy documents, drafting of policies and procedures to operationalise resolution functions set in legislation, and for processes related to contributions towards Resolution Funds. Resolution Planning involves preparing resolution plans, based on requirements emanating from relevant legislation and policies, for credit institutions and certain investment firms licensed in Malta, in cooperation with the SRB. Both teams are also involved in meetings and task forces at international and local level.