The European Bank Recovery and Resolution Directive (BRRD) provides that resolution authorities may, under certain circumstances, write down or convert into equity most of the liabilities of European banks and certain other financial institutions (bail-in measures). In order to ensure that such bail-in measures are given effect outside of Europe, the BRRD requires European financial institutions to include in contracts governed by a “third-country law,” including contracts governed by US law, a provision recognizing that liabilities may be subject to bail-in measures by the competent European resolution authorities.
Please join Mayer Brown lawyers David Duffee and Alexander Behrens as they:
- Provide an overview of the European BRRD rules and address their status and scope of application
- Explain the practical relevance of these rules for credit facilities governed by US law
- Discuss approaches to drafting contractual bail-in clauses
For additional information, please contact
Mayer Brown’s Global Financial Markets Initiative helps clients deal with the legal and business challenges resulting from the ongoing turbulence in worldwide financial markets. By mobilizing the firm’s global resources from multiple practices and offices, the initiative provides clients with knowledgeable and timely counsel on a broad spectrum of their legal needs.