1.
In emergency situations, competent authorities may permit institutions to include in Common Equity Tier 1 capital instruments that comply at least with the conditions laid down in points (b) to (e) of Article 28(1) where all the following conditions are met: the capital instruments are issued after 1 January 2014; the capital instruments are considered State aid by the Commission; the capital instruments are issued within the context of recapitalisation measures pursuant to State aid- rules existing at the time; the capital instruments are fully subscribed and held by the State or a relevant public authority or public-owned entity; the capital instruments are able to absorb losses; except for the capital instruments referred to in Article 27, in the event of liquidation, the capital instruments entitle their owners to a claim on the residual assets of the institution after the payment of all senior claims; there are adequate exit mechanisms of the State or, where applicable, a relevant public authority or public-owned entity; the competent authority has granted its prior permission and has published its decision together with an explanation of that decision.
Regulation (EU) No 806/2014 of the European Parliament and of the… (EU) — sign in to see which provisions, and what they say.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.