16. In relation to the requirement to take other steps to meet the minimum requirement for own …

In relation to the requirement to take other steps to meet the minimum requirement for own funds and eligible liabilities under Article 45 of Directive 2014/59/EU, including in particular to attempt to renegotiate any eligible liability and additional Tier 1 or Tier 2 instruments it has issued with a view to ensuring that any decision of the resolution authority to write down or convert that liability or instrument would be effected under the law of the jurisdiction governing that instrument pursuant to point (j) of Article 17(5) of Directive 2014/59/EU, the following specifications apply:

Resolution authorities should assess the risk of exclusion of liabilities from contributing to loss absorption or recapitalisation taking into account, and with a view to the resolution strategy, inter alia, (i) maturity; (ii) subordination ranking; (iii) types of holders and transferability; (iv) the risk that the liabilities would be exempted from absorbing losses in resolution; and (v) other legal obstacles such as the absence of recognition of resolution tools under third country law or the existence of set-off rights, each under the relevant law of the jurisdiction governing that liability or instrument.

1. Forbhreathnú

1.1 Tagairtí

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

3. Caighdeáin ghaolmhara

• EBA - Published by the European Banking Authority at https://www.eba.europa.eu/