EBA · 2016_2668 Rejected question

Contractual recognition of bail-in

Regulation
Directive 2014/59/EU (BRRD)
Article
Article 55 Directive 2014/59/EU, para. 1
Topic
Other topics
Submitted by
Competent authority
Submitted
2016-03-09
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Question

Article 55 BRRD requires institutions and other entities subject to resolution to include a bail-in recognition clause in certain agreements governed by third-country law. Does this provision also apply in respect to agreements for which it would be impracticable to comply with the obligation to include the bail-in recognition clause (e.g. because of the refusal from the counterpart to agree to it)?

Background

Article 55 BRRD requires institutions and other entities subject to resolution to include a bail-in recognition clause in certain agreements governed by third-country law. Does this provision also apply in respect to agreements for which it would be impracticable to comply with the obligation to include the bail-in recognition clause (e.g. because of the refusal from the counterpart to agree to it)?
No answer published yet.

Original source: European Banking Authority, Q&A ID 2016_2668

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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