4. Conclusion
Loss absorbing capacity of contingent convertibles made them a key element of Basel III regime and consequently CRD IV legal framework for bank capital requirements. Therefore these new regulatory packages deliver strong incentives for issuing contingent debt. The post-crisis legal regime is very intent on bailing-in banks’ liabilities at the cost of creditors rather than accepting any future bail-out. Market uncertainty replaces the ‘too big to fail’ confidence of creditors. The previous approach was very safe for creditors, as losses were borne only by shareholders and taxpayers. The main reason behind introducing CoCos into the legal system has been to enhance pre-bankruptcy loss absorbing capacity of an institution (that is on a going-concern basis). It is the CoCo-holders who became exposed to the risk of issuer's distress on an ongoing basis which protects other creditors and sometimes – the shareholders. This is the main reason why CoCo bonds must offer coupon (yield) for the investors significantly higher than of other debt instruments with no contingent conversion option embedded. For these reasons a strategy of financing with CoCos instead of using straight bonds results in two opposite effects: on one hand it reduces institution's default risk. On the other hand high coupon of CoCo bonds undermines issuer's solvency.