IAS 32 incorporates the conclusion previously in SIC-5 Classification of Financial
Instruments—Contingent Settlement Provisions that a financial instrument is a
financial liability when the manner of settlement depends on the occurrence or
non-occurrence of uncertain future events or on the outcome of uncertain
circumstances that are beyond the control of both the issuer and the holder.
Contingent settlement provisions are ignored when they apply only in the event
of liquidation of the issuer or are not genuine.