The condition of point of non-viability (PoNV) requires that all additional tier-1 capital instruments (AT1 instruments) and tier-2 capital instruments to be convertible into common equity or written off, upon a decision by a regulator’s statutory powers or as effected in the capital instruments’ contractual terms. This condition is subject to a trigger for the conversion/ write-off, being the earlier of (i) a resolution by the relevant authority that the conversion/ write-off is unavoidable, given that the institution is assessed to be non-viable; and (ii) a decision to secure and inject public funds to avoid failure.
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