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Public funding of failing banks in the European Union (LBF vol. 19) 2020/7.4.3.2
7.4.3.2 A closer look at public funding as trigger for burden-sharing
mr. M. Louisse-Read, datum 01-06-2020
- Datum
01-06-2020
- Auteur
mr. M. Louisse-Read
- JCDI
JCDI:ADS213914:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Staatssteun (V)
Voetnoten
Voetnoten
Based on the assumption that ELA does not qualify as State aid.
See however section 5.3.4.
See however section 5.3.5.3.
Based on the assumption that alternative measures qualify as State aid. See however section 3.3.1.3.
Article 44(5) BRRD. Article 27(7) SRMR. See section 5.3.5.2 for the conditions under which the SRF and the national resolution funds can contribute to loss absorption or recapitalisation.
Article 44(7) BRRD. Article 27(9) SRMR. This may be more far-reaching than compliance with the requirement to bail-in 8% of total liabilities, including own funds of the bank in resolution. This bail-in requirement applies when the national resolution funds or the SRF are used to cover any losses or to recapitalise the bank.
The three burden-sharing requirements have in common that they are triggered when public funding (State aid and/or EPFS) is used. Table 16 makes a further distinction between the different forms of public funding in the recovery, resolution and insolvency phase and the burden-sharing requirement that it triggers. It shows that the burden-sharing requirements differ depending on the type of public funding source that is used.
Table 16: Application of the burden-sharing requirements in case of public funding
Public funding source
Exercise of PONV conversion power
Application of bail-in tool
Application of burden-sharing principle under the State aid regime
Recovery phase
ELA
N/A
N/A
N/A1
DGS support (alternative measures)
N/A2
N/A3
Application of burden-sharing principle, if in the form of restructuring aid4
Precautionary guarantees
Exercise of PONV conversion power
N/A
N/A
Precautionary recapitalisation
N/A
N/A
Application of burden-sharing principle
Resolution phase
NRF/SRF
Exercise of PONV conversion power
Only when the NRF/SRF is used for loss absorption or recapitalisation:
Bail-in of 8% of total liabilities and own funds of the bank5
Application of burden-sharing principle
DGS (resolution financing)
Exercise of PONV conversion power
There is no bail-in threshold in relation to resolution financing by deposit guarantee schemes. Deposit guarantee schemes can however only absorb losses that would have otherwise been suffered by covered depositors6
Application of burden-sharing principle
GFST
Exercise of PONV conversion power
Bail-in of 8% of total liabilities and own funds of the bank7
Application of burden-sharing principle
ESM DRI
Exercise of PONV conversion power
Bail-in of 8% of total liabilities and own funds of the bank
SRF has to contribute 5% of the total liabilities including own funds of the bank in resolution
All unsecured, non-preferred liabilities, other than eligible deposits, have to be written down or converted in full8
Application of burden-sharing principle
Alternative financing sources
Exercise of PONV conversion power
National resolution funds or SRF have to contribute up to 5% of total liabilities
All unsecured, non-preferred liabilities, other than eligible deposits, have to be written down or converted in full9
Application of burden-sharing principle
Insolvency phase
Liquidation aid
N/A
N/A
Application of burden-sharing principle
DGS (pay-out function and other use)
N/A
N/A
N/A