- Question ID
-
2016_2668
- Legal act
- Directive 2014/59/EU (BRRD)
- Topic
- Other topics
- Article
-
Article 55 Directive 2014/59/EU
- Paragraph
-
1
- Subparagraph
-
first
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
-
not applicable
- Type of submitter
-
Competent authority
- Subject matter
-
Contractual recognition of bail-in
- 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 on the 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)?
- Submission date
- Rejected publishing date
-
- Rationale for rejection
-
Please note that as part of adjustments to the Single Rulebook Q&A process, agreed by the EBA and the European Commission, it has been decided to reject outstanding questions submitted before 1 January 2020, when the Q&A process was updated as part of the last ESAs Review. In particular, the question that you have submitted has now regrettably been rejected and will not be addressed.
If you believe your question would still benefit from clarification, you are invited to resubmit your question, adapting it to reflect any legislative, regulatory or other relevant developments that may have occurred since the initial date of submission. The EBA will aim to address resubmitted questions as a matter of priority. When considering to resubmit, you are kindly requested to observe the updated admissibility criteria agreed in the context of the adjustment of the Q&A process, available in the Additional background and guidance for asking questions. We hope for your understanding.
For further information please refer to the press release and the updated Q&A page.
- Status
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Rejected question