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12.

When taking the decision referred to in paragraph 5, due consideration shall be given to: the principle that losses should be borne first by shareholders and next, in general, by creditors of the institution under resolution in order of preference; the level of loss absorbing capacity that would remain in the institution under resolution if the liability or class of liabilities were excluded; and the need to maintain adequate resources for resolution financing.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.