Article 6
Reasonable time
1. When seeking to exclude a liability or class of liabilities from bail-in under Article 44(3)(a) of Directive 2014/59/EU, and in order to determine what constitutes ‘reasonable time’, the resolution authorities shall determine the following:
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(a) |
when the write-down amount has to be ultimately determined; |
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(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 authorities shall assess the following:
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(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; |
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(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:
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(c) |
the opening times of markets in as much as they may impact continuity of critical functions and contagion effects; |
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(d) |
the reference date(s) when capital requirements have to be complied with; |
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(e) |
the dates when payments of the institution are due, and the maturity of the liabilities concerned. |