EBA · 2016_2953 Final Q&A

Exclusion of corporate deposits

Regulation
Directive 2014/59/EU (BRRD)
Article
44, para. 7
Topic
Resolution tools and powers
Submitted by
Competent authority
Submitted
2016-10-19
Answered
2016-11-25
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Can corporate deposits be excluded from bail-in in the context of Article 44 of the BRRD?

Background

In order to seek for further funding from alternative financing sources, one of the conditions according to Article 44(7)(b) of the BRRD, is that “ all unsecured, non-preferred liabilities, other than eligible deposits, should have been written down or converted in full. ” The wording suggests that in addition to natural, micro small and medium sized deposits, corporate deposits could also be excluded from bail-in. This seems to be compatible with other parts of the Directive, such as Articles 44(3)(c) and 108.

Answer

Article 44(7)(b) of Directive 2014/59/EU (BRRD) refers to all eligible deposits. Corporate deposits are eligible deposits within the meaning of Article 2(71) BRRD and they can be excluded from bail-in if the conditions of Article 44(3) BRRD are met. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Original source: European Banking Authority, Q&A ID 2016_2953

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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