+5. Minimum core elements of the cooperation agreements
---+17. Pursuant to Article 14(5) of Directive 2014/49/EU, cooperation agreements should, at least …
---+18. For each of these three outlined areas, this section includes a list of minimum core elements …
---+5.1 Modalities for repaying depositors at branches
------+40. Supplementary bilateral or multilateral cooperation agreements should also specify the …
------+41. Cooperation agreements should specify that the currency of the repayment shall be the currency …
------+42. Where the law of the home DGS allows for a choice between several currencies and where that …
------+43. Where there is a need for a currency exchange, the rate to be applied should be the spot rate …
------+44. The necessary funding referred to in paragraphs 32–34 should be provided in the currency of …
------+45. Cooperation agreements should specify that the host DGS will handle communication with …
------+46. In addition, where the home DGS has the capability to effectively handle communication with …
------+47. Cooperation agreements should specify that the language to be used by DGSs in communicating …
------+48. The home and the host DGSs or, where relevant, the designated authorities, should use English …
------+49. Communication channels established to communicate with the depositors, and between the home and …
------+50. Cooperation agreements should specify the types of costs that the home DGS will reimburse the …
------+51. Eligible costs incurred by the host DGS should meet the following criteria: a. be necessary for …
------+52. Cooperation agreements may provide that: a. the home DGS shall provide a lump sum amount, based …
------+53. Where the host DGS is reimbursed following the payout, reimbursement details, such as time to …
------+54. To further reinforce trust in DGSs’ ability to perform their function in the case of a payout …
------+55. Such an audit, subject to the DGSs’ or, where relevant, the designated authorities’ agreement …
------+19. Cooperation agreements between DGSs, or where appropriate, designated authorities, should …
------+20. Cooperation agreements should specify the content and the process of sending the notification …
------+21. The home DGS should notify the host DGS, and the designated authority of the host Member State …
------+22. The notification should be transmitted by the home DGS to the host DGS immediately upon …
------+23. While Article 4(9) of Directive 2014/49/EU requires DGSs to ensure the confidentiality and the …
------+24. Cooperation agreements should provide a deadline by which the home DGS should send all the …
------+25. The home DGS should obtain the SCV in line with domestic deadlines for receiving this …
------+26. In the event that the home DGS does not have all the information needed, depending on the …
------+27. The DGSs should inform one another promptly of any updates to the data.
------+28. The host DGS should strive to ensure that the repayable amount is available to depositors as …
------+29. Following the initial payout, the host DGS should inform the home DGS in a documented manner of …
------+30. Cooperation agreements should provide that, after receiving notification of unavailability of …
------+31. The accounts and transfer method chosen should ensure utmost security of the funds and …
------+32. Cooperation agreements should specify the deadline for providing the necessary funding.
------+33. The home DGS should provide the host DGS with the necessary funds no later than the day on …
------+34. Any funds advanced in excess to the host DGS should be refunded to the home DGS by no later …
------+35. Where the home DGS’s deadline for making the payout amount repayable is longer than seven …
------+36. The host DGS should, within one working day, notify the home DGS of a depositor request for a …
------+37. When a depositor requests a payout of a cost of living amount, either directly to the home DGS …
------+38. Where the full payout is imminent, or where a partial payout would significantly delay the full …
------+39. Cooperation agreements should outline the process for repaying temporary high balances by the …
------+56. Any costs arising from delays in the home DGS providing the host DGS with the instructions for …
------+57. Where the delay is attributable to the host DGS’s actions, the host DGS should bear the costs …
------+58. In accordance with Article 14(2) of the Directive 2014/49/EU, the host DGS shall not bear any …
------+59. The home and the host DGS may bilaterally agree that, on a case-by-case basis and no earlier …
---+5.2 Modalities for the transfer of DGS contributions and information between DGSs
------+60. Cooperation agreements between DGSs, or where appropriate, the designated authorities, should …
------+61. Article 14(6) in connection with Article 4(9) of Directive 2014/49/EU requires effective …
------+62. While the abovementioned provision ensures a common minimum set of standards of confidentiality …
------+63. The provision of accurate data is a key step in ensuring an effective transfer of information …
------+64. The deadline should be set before the institution formally leaves the transferring DGS and …
------+65. The information to be transmitted should include anything that the transferring DGS and the …
------+66. The transferring DGS should not be required to obtain new information for the purpose of …
------+67. The transferring DGS should be able to refuse to share information which, due to its sensitive …
------+68. Any costs of raising the funds by the transferring DGS, where, for example, the transferring …
------+69. The receiving DGS should provide the transferring DGS with the account details and any other …
------+70. Cooperation agreements should acknowledge that the transferring DGS will provide funds in the …
------+71. According to paragraph 13(d) of the EBA guidelines on payment commitments to deposit guarantee …
------+72. Cooperation agreements should specify the deadline by which the transferring DGS, where …
------+73. Where the transferring DGS decides to enforce the commitment and transfer the proceeds to the …
------+74. Where the transferring DGS decides not to enforce the payment commitments, it should engage …
------+75. A membership of a DGS is a necessary condition for a credit institution being allowed to take …
------+76. Where the receiving DGS is willing to take the risk of accepting the new member credit …
------+77. The DGSs should communicate in English when transmitting information from one DGS to the other …
------+78. Cooperation agreements should specify that the receiving DGS is responsible for any costs …
------+79. Cooperation agreements should include a clause specifying that where delays in the provision of …
---+5.3 Modalities for mutual lending between DGSs
------+80. The cooperation agreement should outline whether, in accordance with the law in their …
------+81. Where the DGSs do not agree to lend to one another, either because their national law does not …
------+82. Where the DGSs intend to lend to one another, the cooperation agreement should specify in how …
---+5.4 Effective dispute resolution
------+83. Cooperation agreements should include a clause stating that any party may refer any dispute …
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5. Minimum core elements of the cooperation agreements
5. Minimum core elements of the cooperation agreements
1. Overview
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Regulation |
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17. Pursuant to Article 14(5) of Directive 2014/49/EU, cooperation agreements should, at least …
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Pursuant to Article 14(5) of Directive 2014/49/EU, cooperation agreements should, at least, cover the following three key areas: - i. modalities for repaying depositors by the host DGS at branches of credit institutions authorised in other Member States pursuant to Article 14(2) of Directive 2014/49/EU;
- ii. modalities for the transfer of contributions from one DGS to another in case a credit institution ceases to be a member of a DGS and joins another DGS, including cross-border and domestic transfers, pursuant to Article 14(3) of Directive 2014/49/EU;
- iii. modalities for mutual lending between DGSs pursuant to Article 12 of Directive 2014/49/EU.
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18. For each of these three outlined areas, this section includes a list of minimum core elements …
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For each of these three outlined areas, this section includes a list of minimum core elements of the cooperation agreements.
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5.1 Modalities for repaying depositors at branches
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5.1 Modalities for repaying depositors at branches
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5.2 Modalities for the transfer of DGS contributions and information between DGSs
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5.2 Modalities for the transfer of DGS contributions and information between DGSs
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5.3 Modalities for mutual lending between DGSs
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5.3 Modalities for mutual lending between DGSs
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5.4 Effective dispute resolution
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5.4 Effective dispute resolution
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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 |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
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