Global Wealth Management Update
Canadian Bail-in Regulations: Jurisdictional Comparison
Best in class approach
K
Instrument type
Opco senior
Holdco senior
Holdco senior¹
Holdco senior
Opco non-
preferred senior
Ranking in Liquidation
Pari passu with deposits and other senior liabilities
Structural
subordination²
Structural
subordination²
Structural
subordination²
Contractual
subordination²
Senior
Deposits
Other
senior
liabilities
debt
subject
to
Subordination
schematic
bail-in
Depositor preference
Participation in equity
post resolution
Acceleration rights
upon failure to pay
principal and interest
Capital
Deposits
Opco senior / senior preferred / other senior liabilities
Holdco senior / senior non-preferred
Capital
No
Yes
Yes
Yes
Yes
Conversion to equity of the bank or an affiliate allows
participation in the upside, if any³
N/A4
Uncertain given
possibility of
writedown
Uncertain given
possibility of
writedown
Uncertain given
possibility of
writedown
Yes
1Applicable in practice for G-SIBS' issuance of non-capital bail-in debt
Yes
Yes
Yes
No5
2 Approach applicable to G-SIBS in relevant jurisdictions. Additionally, Switzerland uses structural subordination, Germany uses statutory subordination, Spain uses contractual subordination
3 Assuming only bail-in is triggered. If other resolution powers are exercised, debt holders could be exposed to losses in a manner similar to a write-down of their claims
4 No bail-in power. In resolution, debtholders could potentially receive partial recoveries (analogous to a write-down) or have their claims satisfied through the issuance of new securities (analogous to a bail-in
conversion)
5 The terms of senior non-preferred do not include acceleration rights upon failure to pay principal and interest; however, there is no statutory restriction in this regard. Once resolution proceedings are
underway, holders may declare an event of default for failure to meet payment obligations
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