Section 85, The Banking Act, 2019

(1) The Central Bank or its agents shall not take anyresolution action in relation to a bank or financial holding company that would result in a creditor or shareholder of that bank or financial holding company receiving less than the creditor or shareholder would have received if the bank or financial holding company had been wound up. (2) Failure to comply with subsection (1) shall not invalidate the action taken, but shall entitle the affected creditor or shareholder to monetary compensation representing the difference between the value the affected creditor or shareholder actually received in resolution and what they would have received if the institution had been wound up. (3) As soon as practicable after a bank or financial holding company ceases to be in resolution, the Central Bank shall obtain a valuation of the assets and liabilities that were dealt with in resolution action, to determine whether a creditor or shareholder of the bank or financial holding company received in respect of resolution action, less than it would have received if the bank or financial holding company had been wound up and if so, determine the amount of the shortfall. (4) Any shortfall determined under subsection (3) shall be paid to the affected creditor or shareholder from recoveries from the resolution action or from a resolution fund. (5) A valuation under this section shall be carried out by a valuation expert that meets such requirements as the Central Bank may by statutory instrument prescribe.