Article 6 · Commission Delegated Regulation (EU) 2016/860

Contents

Article 6Reasonable time#

1.When seeking to exclude a liability or class of liabilities from bail-in under Article 44(3)(a) of Directive 2014/59/EU, and in order to determine what constitutes ‘reasonable time’, the resolution authorities shall determine the following:

(a)when the write-down amount has to be ultimately determined;

(b)by when all the tasks needed to bail-in those liabilities would need to be performed in order to meet the resolution objectives taking into account the situation at the time of the resolution action.

2.When determining the requirements laid down in paragraph 1, the resolution authorities shall assess the following:

(a)the need to publish a bail-in decision and to determine the bail-in amount and its final allocation to the various classes of creditors;

(b)the consequences of delaying such a decision for market confidence, potential market reactions, such as liquidity outflows, and the effectiveness of resolution action, taking into account both of the following:

(i)whether the distress and risk of failure of the institution is known to market participants;

(ii)the visibility of the consequences of the distress or potential failure of the institution to market participants;

(c)the opening times of markets in as much as they may impact continuity of critical functions and contagion effects;

(d)the reference date(s) when capital requirements have to be complied with;

(e)the dates when payments of the institution are due, and the maturity of the liabilities concerned.

Defined terms · 2

Show every defined term

Direct contagion
means a situation where the direct losses of counterparties of the institution under resolution, resulting from the write-down of the liabilities of the institution, lead to the default or likely default for those counterparties in the imminent.
Indirect contagion
means a situation where the write-down or conversion of institution's liabilities causes a negative reaction by market participants that leads to a severe disruption of the financial system with potential to harm the real economy.

Commission Delegated Regulation (EU) 2016/860

Article 6Reasonable time#

Defined terms · 2

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Article 6Reasonable time#

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