Written by Angelos Delivorias (1st edition),
Following the global financial crisis, the European Union extensively reformed its regulatory framework for financial services. With legislation such as the Bank Recovery and Resolution Directive (BRRD), it ensures that, through mechanisms such as ‘bail-in’, the recovery or restructuring of distressed financial institutions is done without spreading to other institutions, or using taxpayers’ money to bail them out. To ensure that sufficient financial resources are available for bail-in, the BRRD requires resolution authorities to set financial institutions a minimum requirement for own funds and eligible liabilities (MREL). In parallel, a similar standard, the total loss-absorbing capacity (TLAC), was adopted internationally for systemically important financial institutions. The discretionary requirements in MREL and the compulsory requirement in TLAC concerning subordination of eligible liabilities have driven some Member States to amend the ranking of certain bank creditors under their national law. Given that national rules adopted so far diverge, unsecured debt holders and other creditors of banks can be treated differently from one Member State to another. The Commission aims to remedy this by establishing harmonised rules.
- March 2017: Ranking of unsecured debt instruments in insolvency hierarchy (1st edition)