Regulation 94 Requirement to include a contractual term recognising bail-in

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Bank Recovery and Resolution (Amendment) (EU Exit) Regulations 2020 [SI 2020 No. 1350]Introductory text Part 1 General (reg. 1)Regulation 1 Citation and commencement Part 2 Amendment of Primary Legislation made under the European Communities Act 1972 (regs. 2-25)Chapter 1 Amendment of the Financial Services and Markets Act 2000 (reg. 2)Regulation 2 Amendment of the Financial Services and Markets Act 2000 Chapter 2 Amendment of the Banking Act 2009 (regs. 3-25)Regulation 3 Introduction Regulation 4 Interpretation Regulation 5 Removal of impediments to the exercise of stabilisation powers etc.Mandatory write-down, conversion etc. (regs. 6-8)Regulation 6 Regulation 7 Regulation 8 Regulation 9 Bail-in: sequence of write-down and conversion of capital instruments and liabilities Regulation 10 Special bail-in provision Regulation 11 General interpretation of section 48B Regulation 12 Pre-conditions for financial assistance: duty of Bank to give information Regulation 13 Cases where mandatory write-down, conversion etc. applies: banking group companies Regulation 14 Groups: sale to commercial purchaser and transfer to bridge bank: holding companies Regulation 15 Groups: transfer to asset management vehicle: holding companies Groups: bail-in option: holding companies (regs. 16-20)Regulation 16 Regulation 17 Regulation 18 Regulation 19 Regulation 20 Regulation 21 Resolution of banks not regulated by the PRA Regulation 22 Resolution of recognised central counterparties Regulation 23 Recognition of third-country resolution actions Regulation 24 Resolution of UK branches of third-country institutions Regulation 25 Index of defined terms Part 3 Amendment of Secondary legislation made under the European Communities Act 1972 (regs. 26-60)Regulation 26 Amendment of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 Regulation 27 Amendment of the Credit Institutions (Reorganisation and Winding up) Regulations 2004 Regulation 28 Amendment of the Banking Act 2009 (Restriction of Special Bail-in Provisions, etc) Order 2014 Amendment of the Bank Recovery and Resolution (No.2) Order 2014 (regs. 29-60)Regulation 29 Regulation 30 Regulation 31 Regulation 32 Regulation 33 Regulation 34 Regulation 35 Regulation 36 Regulation 37 Regulation 38 Regulation 39 Regulation 40 Regulation 41 Regulation 42 Regulation 43 Regulation 44 Regulation 45 Regulation 46 Regulation 47 Regulation 48 Regulation 49 Regulation 50 Regulation 51 Regulation 52 Regulation 53 Regulation 54 Regulation 55 Regulation 56 Regulation 57 Regulation 58 Regulation 59 Regulation 60 Part 4 Amendment of legislation made under the European Union (Withdrawal) Act 2018 (regs. 61-80)Chapter 1 Amendment of Primary Legislation (regs. 61-72)Amendment of the Banking Act 2009 (regs. 61-72)Regulation 61 Regulation 62 Regulation 63 Regulation 64 Regulation 65 Regulation 66 Regulation 67 Regulation 68 Regulation 69 Regulation 70 Regulation 71 Regulation 72 Chapter 2 Amendment of Secondary Legislation (regs. 73-74)Regulation 73 Amendment of the Credit Institutions (Reorganisation and Winding up) Regulations 2004 Regulation 74 Amendment of the Bank Recovery and Resolution (No.2) Order 2014 Chapter 3 Amendment of EU Exit Legislation (regs. 75-79)Regulation 75 Amendment of the Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 Regulation 76 Amendment of Schedule 1 Regulation 77 Amendment of Schedule 3 Regulation 78 Amendment of Schedule 4 Regulation 79 Amendment of the Financial Services and Markets Act 2000 (Amendment)(EU Exit) Regulations 2019 Chapter 4 Revocation of technical standards under the Recovery and Resolution Directive (reg. 80)Regulation 80 Revocation of technical standards under the Recovery and Resolution Directive Part 5 Other Provision made under the European Communities Act 1972 (regs. 81-128)Chapter 1 Suspension of obligations, interests and rights (regs. 81-90)Interpretation (regs. 81-82)Regulation 81 Regulation 82 Regulation 83 Suspension of obligations prior to exercise of stabilisation powers Regulation 84 Suspension of security interests prior to exercise of stabilisation powers Regulation 85 Suspension of termination rights prior to exercise of stabilisation powers Regulation 86 Suspension prior to exercise of stabilisation powers: procedure Regulation 87 Restriction on subsequent suspension Regulation 88 Groups Regulation 89 Suspension of obligations when Bank is exercising a stabilisation power Regulation 90 Modification of Part for banks not regulated by the PRA Chapter 2 Power to prohibit distributions (reg. 91)Regulation 91 Power to prohibit distributions Chapter 3 Transfer of losses or capital between members of a group (reg. 92)Regulation 92 Transfer of losses or capital between members of a group Chapter 4 Contractual recognition of bail-in (regs. 93-107)Regulation 93 Interpretation Regulation 94 Requirement to include a contractual term recognising bail-in Regulation 95 Undertakings required to include a contractual term Regulation 96 Contracts for which a contractual term is required Regulation 97 Content of required term Regulation 98 Evidence to demonstrate compliance with regulation 94 obligation Regulation 99 Exclusions Regulation 100 Determination of impracticality Regulation 101 Suspension of the regulation 94 obligation Regulation 102 Assessment of the determination of impracticability Regulation 103 Determination that term is not impracticable Regulation 104 Assessment of resolvability Regulation 105 Exercise of power to remove impediments to resolvability Regulation 106 Exclusion of liabilities from the minimum requirement for own funds and eligible liabilities Regulation 107 Exercise of resolution powers where contractual term not included Chapter 5 Amendments to priority of debts in insolvency (regs. 108-128)Regulation 108 Transitional provision Amendment of the Insolvency Act 1986 (regs. 109-114)Regulation 109 Introduction Regulation 110 Non-preferential debts in company voluntary arrangements Regulation 111 Non-preferential debts in winding up of companies Regulation 112 Non-preferential debts in bankruptcy proceedings Regulation 113 Interpretation Regulation 114 Administration Amendment of the Insolvency (Northern Ireland) Order 1989 (regs. 115-120)Regulation 115 Introduction Regulation 116 Non-preferential debts in company voluntary arrangements Regulation 117 Non-preferential debts in winding up of companies Regulation 118 Non-preferential debts in bankruptcy proceedings Regulation 119 Interpretation Regulation 120 Administration Further Amendment of Insolvency Legislation (regs. 121-128)Regulation 121 Amendments of the Insolvent Partnerships Order 1994 Regulation 122 Amendments of the Insolvent Partnerships Order (Northern Ireland) 1995 Regulation 123 Housing Act 1996 Regulation 124 Housing and Regeneration Act 2008 Regulation 125 Housing (Scotland) Act 2010 Bankruptcy (Scotland) Act 2016 Regulation 126 Regulation 127 Regulation 128 Signature Explanatory Note Explanatory Memorandum De minimis assessment Transposition table

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Version status: Ceased | Document consolidation status: Updated to reflect all known changes

Version date: 31 December 2020 - onwards

Regulation 94 Requirement to include a contractual term recognising bail-in

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Regulation 94 Requirement to include a contractual term recognising bail-in

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