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EBA publishes guidelines on transferability to support the resolvability assessment for transfer strategies

On 28 September 2022, a final set of guidelines on transferability was published by EBA to assist the resolvability assessment for transfer strategies. Divided into two chapters, the guidelines cover the following two topics:

  • Transfer perimeter, meaning the identification of the entity, business line, or portfolio that should be transferred in resolution, and
  • the conditions that will facilitate the latter.


The transferability guidelines, complementing the resolvability guidelines published on 13 January 2022, should be followed in full by 1 January 2024, by all institutions and resolution authorities.


An entity's transferability can be understood as the elements of resolvability that enable its transfer to an acquirer, bridge institution, or asset management company (transfer perimeter). Guidelines cover the definition of a transfer perimeter, separability (i.e. facilitating separation in case of resolution), and operational transfer of this perimeter.

In addition to supporting the assessment of the feasibility and credibility of transfer strategies, the transferability guidelines include requirements for implementing transfer tools. Proportionality measures are also included in the guidelines. These do not apply to institutions subject to simplified obligations or earmarked for liquidation unless the resolution authority decides otherwise (fully or in part). A discretionary approach is also taken by authorities when it comes to the extent to which the guidelines should apply when the transfer tool is only part of the variant strategy.

Continuing progress on relevant policy topics at international and EU levels will lead to updates and additions to the resolvability and transferability guidelines. As part of its resolvability testing and transparency efforts, the EBA is currently consulting resolution authorities on bail-in mechanics.

For inquiries please contact:

RBI Regulatory Advisory

Raiffeisen Bank International AG | Member of RBI Group | Am Stadtpark 9, 1030 Vienna, Austria  | Tel: +43 1 71707 - 5923