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June 22, 2012
Regarding a new bail-in mechanism proposed under an EC directive for bank recovery and resolution, Assia Damianova says, "Doubts remain, under the proposed bail-in mechanism of the EC bank recovery and resolution directive about, the ability to trigger CDS where the write-down mechanism is laid out in the relevant bond documents; and about compliance with some of the deliverable obligation characteristics... The Credit Derivatives Definitions have to evolve to achieve predictability for market participants and a well-functioning market, where CDS fully hedge the credit risk in accordance with the parties' commercial intent."
