The article examines the difficulties for the Banking Recovery and Resolution Directive's (BRRD) contractual recognition of bail-in mechanisms. Topics covered include how Article 55 of the BRRD mandates that European Union (EU) financial institutions to insert bail-in requirements in new contracts agreed on or after January 1, 2016 and the clauses of the directive aiming to ensure that parties outside of EU member states are aware that they could bear losses.
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