2 Amendments of Gabriel MATO related to 2016/0363(COD)
Amendment 60 #
Proposal for a directive
Recital 11
Recital 11
(11) To enhance legal certainty for investors, Member States should ensure that standard senior debt instruments have a higher priority ranking in their national insolvency laws than the new 'non- preferred' senior class of debt instruments under normal insolvency proceedings. Member States should also ensure that the new 'non-preferred' senior class of debt instruments have a higher priority ranking than the priority ranking of own funds instruments or any other subordinated liabilities and that, contrary to such instruments or liabilities, the 'non- preferred' senior class of debt instruments could only be bailed-in when the issuing institution is placed under resolution. Additionally, Member States should ensure that the national insolvency laws correctly reflect the loss absorption hierarchy under resolution, avoiding any mismatches between the resolution and the insolvency legal frameworks and ensuring that the regulatory capital instruments shall absorb loses both in resolution and insolvency before the rest of subordinated claims.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Directive 2014/59/EU
Article 108 – paragraph 2 a (new)
Article 108 – paragraph 2 a (new)
2a. Member States shall ensure that in national law governing normal insolvency proceedings the regulatory capital instruments (namely Common Equity Tier 1 instruments, Additional Tier 1 instruments and Tier 2 instruments as defined under Regulation (EU) no 575/2013) shall have lower ranking than the ranking provided for the rest of subordinated claims not qualifying as regulatory capital instruments.