Wybrane uwarunkowania stosowania instrumentu umorzenia lub konwersji długu (bail-in)
Selected Circumstances of Application of the Bail-in Instrument

Summary/Abstract: After the global financial crisis, with an aim to more effectively protect the stability of the financial system, a thorough reform of the banking legal framework has been introduced. New instruments have been defined within the recovery and resolution process. Among the many new powers of public authorities, the most far-reaching is the possibility of annulment or conversion of debt instruments (bail-in) when the bank is threatened with bankruptcy. The bail-in mechanism was expected to become one of the basic instruments of crisis management. Over time, however, specific political, social and financial stability challenges have emerged, which may explain the low propensity of public authorities to deploy this instrument. The article attempts to verify the existence of these specific factors affecting low propensity to use the bail-in mechanism. First, political and social conditions were analysed, the impact of which is manifested primarily due to the significant extent of discretion granted to public authorities within the framework of the resolution process. Since administrative writing-off of debt or equity instruments may affect the behavior of financial market participants, the occurrence of the contagion effect through the market channel has also been examined.

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