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Article 6 Reasonable time

United Kingdom

Original text. Later amendments are not shown.

1.

When seeking to exclude a liability or class of liabilities from bail-in F1on the ground specified in section 48B(12)(a) of the Act, and in order to determine what constitutes ‘reasonable time’, the resolution F2authority 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 F3authority 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:

  1. (i)

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

  2. (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.

Annotations

Textual amendments

F1

Words in Art. 6(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(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in Art. 6(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(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in Art. 6(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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)