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84H. Loss Absorbing Capacity Requirement

(1) The DFSA may by written notice require an Authorised Firm to hold and maintain a minimum amount of financial instruments or resources which will be available during Resolution to absorb losses and enable the Authorised Firm to be recapitalised so that it can continue to perform critical functions while Resolution is ongoing (“Loss Absorbing Capacity”).
(2) The DFSA shall specify in the notice the nature of the financial instruments or resources to be held and maintained by the Authorised Firm under (1).
(3) The DFSA may vary or revoke a requirement under this Article.
(4) The procedures in Schedule 3 apply to a decision of the DFSA under this Article.
(5) If the DFSA decides to exercise its power under this Article, the Authorised Firm may refer the matter to the FMT for review.