+Guidelines on payment commitments (EBA/GL/2015/09)
---+3. EBA Guidelines on payment commitments under Directive 2014/49/EU on deposit guarantee schemes
------+Status of these guidelines
------+Reporting Requirements
------+Title I - Subject matter, scope and definitions
---------+1. Article 10(3), subparagraph 2, of Directive 2014/49/EU of the European Parliament and of the …
---------+2. These guidelines are addressed to: a) DGSs and designated authorities, as defined in point (1) …
---------+3. If the operation of the DGS is administered by a private entity, designated authorities should …
---------+4. Resolution authorities should inform designated authorities that when exercising their powers in …
---------+5. For the purpose of these guidelines the following definitions apply: i. ‘payment commitments’ …
------+Title II - Guidance on Payment Commitments
------+Part 1 – General considerations
---------+6. Directive 2014/49/EU aims to ‘harmonise the methods of financing of DGSs’ , via a mix of ex-ante …
---------+7. Pursuant to Article 10(3) of Directive 2014/49/EU, the available financial means to be taken …
---------+8. This provision implies an obligation for Member States to provide the designated authorities or …
---------+9. Designated authorities should verify that Payment Commitment Arrangements and Financial …
------+Part 2 – The Payment Commitment Arrangement
---------+10. The admissibility of payment commitments should be conditional upon the conclusion of …
---------+11. The Payment Commitment Arrangement should at least include the following elements: a) the …
---------+12. These guidelines are without prejudice to the possibility that, in accordance with national …
------+Part 3 – The Financial Collateral Arrangement
---------+13. In order to safeguard the DGS’s creditor position, a Financial Collateral Arrangement should …
------+Part 4 – Delivery of the collateral by the collateral provider to the DGS
---------+14. Under the financial collateral arrangement, the DGS should ensure that the credit institution …
---------+15. Such delivery by the credit institution to the DGS should be fulfilled by means of crediting …
------+Part 5 – Criteria to verify that the collateral is unencumbered by any third-party rights
---------+16. Point (13) of Article 2(1) of Directive 2014/49/EU provides that the collateral must be …
---------+17. The assets provided under a financial collateral arrangement must be legally realisable without …
---------+18. For that purpose, the financial collateral arrangement should provide that credit institutions …
------+Part 6 – Criteria for eligibility and management of collateral
---------+19. Pursuant to Directive 2014/49/EU, DGSs should only accept low-risk assets as collateral to …
---------+20. DGSs or designated authorities should also provide exposure limits, ensuring that for each …
---------+21. DGSs should limit their exposure to debt, whether public or private, the value of which is …
---------+22. In addition, DGSs and designated authorities should address in an adequate manner the …
---------+23. The management of collateral may be performed by the DGS itself, or by a third party as part of …
------+Part 7 – Haircut
---------+24. DGSs or designated authorities should always apply a haircut to the value of the low-risk …
---------+25. DGSs or designated authorities should ensure that the haircut reflects the credit, market and …
---------+26. The application of haircuts should also be based on a quantification of expected losses and the …
---------+27. While a variety of haircutting schedules and methodologies are possible, the haircut schedule …
---------+28. DGSs or designated authorities should ensure that the value of the low-risk assets is …
---------+29. Furthermore, the haircut-adjusted market value of the low-risk assets provided as collateral …
---------+30. In any event, DGSs or designated authorities are not precluded from imposing on member …
------+Part 8 – Prudential Treatment
---------+31. The prudential treatment of payment commitments should aim to ensure there is a level playing …
---------+32. Where the accounting treatment results in the payment commitment being fully reflected on the …
---------+33. Where, in contrast, the accounting treatment results in the payment commitment and the …
------+Title III- Final Provisions and Implementation
------+Date of application
---------+34. DGSs and designated authorities should implement these guidelines by incorporating them in …
English - European Union - Financial Industry -

Guidelines on payment commitments (EBA/GL/2015/09)

Guidelines on payment commitments (EBA/GL/2015/09)

https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/depositor-protection/guidelines-payment-commitments – PDF

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3. EBA Guidelines on payment commitments under Directive 2014/49/EU on deposit guarantee schemes

3. EBA Guidelines on payment commitments under Directive 2014/49/EU on deposit guarantee schemes

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