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ARTICLE · 07 DECEMBER 2018

TLAC And Bail-In Capital: A "Worthwhile Canadian Initiative"

Draft regulations implementing Canada's "bail-in" solvency support regime for banks came into effect on September 23, 2018.

CanadaFinance and Banking
  • Draft regulations implementing Canada's "bail-in" solvency support regime for banks came into effect on September 23, 2018.
  • The bail-in regime essentially requires that banks maintain "embedded contingent capital" in the form of bonds that convert automatically to equity in the event that the issuing bank has ceased or is about to cease to be viable.
  • Key to the regime is the concept of "total loss-absorbing capacity", or TLAC, which is the amount of embedded contingent capital that a bank will now be required to maintain (on a consolidated basis).
  • As discussed below, many issues arise with respect to the new regime, including the determination of which shares and liabilities are eligible for bail-in, the conditions for conversion, creditors' resolution rights, securities law implications for senior bank debt, and others.

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