IDEAS home Printed from https://ideas.repec.org/h/spr/sprchp/978-3-030-13475-4_15.html
   My bibliography  Save this book chapter

Write-down and Conversion of Capital Instruments

In: The Palgrave Handbook of European Banking Union Law

Author

Listed:
  • Vittorio Santoro

    (University of Siena)

  • Irene Mecatti

    (University of Siena)

Abstract

This chapter analyzes the relationship between burden-sharing arrangements and fundamental rights. Particular attention is paid to the question whether the application of a bail-in constitutes a breach of the right to property (see some judgments of the Court of Justice of the European Union). This contribution also focuses on the disproportionate effects of the regime. The BRRD does not provide for different treatment of eligible liabilities based on the nature of the holder. In many cases, the initial sale of banks’ debt liabilities to retail investors and disclosure practices has not been applied in line with consumer protection requirements, resulting in the emergence of a number of mis-selling cases. This issue has been the object of a statement of the European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA), according to which, the resolution authorities should balance general and private interests.

Suggested Citation

  • Vittorio Santoro & Irene Mecatti, 2019. "Write-down and Conversion of Capital Instruments," Springer Books, in: Mario P. Chiti & Vittorio Santoro (ed.), The Palgrave Handbook of European Banking Union Law, chapter 15, pages 349-370, Springer.
    • Handle: RePEc:spr:sprchp:978-3-030-13475-4_15
    DOI: 10.1007/978-3-030-13475-4_15
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:sprchp:978-3-030-13475-4_15. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.