Europejski Urząd Nadzoru Bankowego, Opinia EBA dotycząca rozbieżności w zakresie ochrony środków klientów przez systemy gwarantowania depozytów oraz zalecenia dla Komisji Europejskiej

EBA/Op/2021/11

27 October 2021

Opinion of the European Banking Authority on the treatment of client funds under Deposit Guarantee Schemes Directive

Introduction and legal basis

1. Article 5(1) of the DGSD provides that deposits placed in credit institutions by other credit institutions (CI), financial institutions, investment firms (IF) and other types of financial firms are excluded from deposit guarantee schemes’ (DGS) coverage. In the specific case of deposits placed by credit institutions with other credit institutions, the Directive explicitly states that the exclusion from DGS coverage only applies to deposits that credit institutions ‘make on their own behalf and for their own account’. The DGSD does not include similar wording in relation to deposits placed by other types of entities.

2. However, relatedly Article 7(3) of the DGSD provides that ‘Where the depositor is not absolutely entitled to the sums held in an account, the person who is absolutely entitled shall be covered by...