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Article 5 Exclusion on grounds of impossibility to bail-in under section 48B(12)(a) of the Banking Act 2009F4

United Kingdom

Original text. Later amendments are not shown.

1.

F1The resolution authority may only exclude a liability or class of liabilities from the exercise of the bail-in tool where the obstacles invoked for such exercise do not allow for it to take place within a reasonable time, despite every best effort of the resolution authority.

2.

With regard to paragraph 1, F2the resolution authority shall, in particular, satisfy the following requirements before making a determination as to the exclusion referred to therein:

(a)

the obligation of the resolution authority, to provide in the resolution plan, a description of the processes for ensuring availability within an appropriate time frame of the information required for the purposes of valuation pursuant to F3section 6E of the Act;

(b)

the obligation of the resolution authority to address any impediments to resolvability of the institution including the circumstances resulting in a potential exclusion which could be foreseen in the resolution planning process when those potential exclusions amount to impediments to resolvability.

Annotations

Textual amendments

F1

Words in Art. 5(1) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 5 para. 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 5(2) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 5 para. 2(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 5(2) substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 5 para. 2(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 5 heading substituted (31.12.2020) by The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1394), reg. 1(2), Sch. 5 para. 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)