+Article 5 Eligibility of deposits
---+Article 5 1.
---+Article 5 2.
---+Article 5 3.
---+Article 5 4.

Article 5 Eligibility of deposits

1. Přehled

,
Article 5 1.

The following shall be excluded from any repayment by a DGS:

(a) 

subject to Article 7(3) of this Directive, deposits made by other credit institutions on their own behalf and for their own account;

(b) 

own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013;

(c) 

deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering as defined in Article 1(2) of Directive 2005/60/EC;

(d) 

deposits by financial institutions as defined in point (26) of Article 4(1) of Regulation (EU) No 575/2013;

(e) 

deposits by investment firms as defined in point (1) of Article 4(1) of Directive 2004/39/EC;

(f) 

deposits the holder of which has never been identified pursuant to Article 9(1) of Directive 2005/60/EC, when they have become unavailable;

(g) 

deposits by insurance undertakings and by reinsurance undertakings as referred to in Article 13(1) to (6) of Directive 2009/138/EC of the European Parliament and of the Council ( 15 );

(h) 

deposits by collective investment undertakings;

(i) 

deposits by pension and retirement funds;

(j) 

deposits by public authorities;

(k) 

debt securities issued by a credit institution and liabilities arising out of own acceptances and promissory notes.
Article 5 2.

By way of derogation from paragraph 1 of this Article, Member States may ensure that the following are included up to the coverage level laid down in Article 6(1):

(a) 

deposits held by personal pension schemes and occupational pension schemes of small or medium-sized enterprises;

(b) 

deposits held by local authorities with an annual budget of up to EUR 500 000 .
Article 5 3.
Member States may provide that deposits that may be released in accordance with national law only to pay off a loan on private immovable property whether made by the credit institution or another institution holding the deposit are excluded from repayment by a DGS.
Article 5 4.
Member States shall ensure that credit institutions mark eligible deposits in a way that allows an immediate identification of such deposits.

1.1 Odkazy

1.2 Identifikované požadavky

1.3 Související standardy

2. Identifikované požadavky

Požadavky

3. Související standardy

Standardy