+Article 5 Eligibility of deposits
---+Article 5 1.
---+Article 5 2.
---+Article 5 3.
---+Article 5 4.
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Article 5 Eligibility of deposits
1. Overview
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Regulation |
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Article 5 1.
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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.
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Article 5 2.
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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 .
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Article 5 3.
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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.
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Article 5 4.
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Member States shall ensure that credit institutions mark eligible deposits in a way that allows an immediate identification of such deposits.
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1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
- Builddate: 02.07.2014 00:00:00 -Doknr: CELEX:32014L0049
- EULAW -
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