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The Law On The Financial Stability Of The Authority

Original Language Title: Laki rahoitusvakausviranomaisesta

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Law on the Financial Stability Board

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In accordance with the decision of the Parliament, which has been adopted in the manner provided for in Article 87 of the Constitution:

Chapter 1

General provisions

ARTICLE 1
Scope

This law provides for the financial stability authority, its administration, the stability fee and the deposit guarantee and the financial stability fund's financial statements and audit.

ARTICLE 2
Financial Stability Agency

Financial Stability Board (hereinafter referred to as Agency , shall act as a national resolution authority to ensure financial stability and restructure the activities of credit institutions and investment firms in financial difficulties.

The Office is part of the administrative branch of the Ministry of Finance and the Office's guidance lies with the Ministry. The decree of the Ministry of Finance lays down more precise rules on the administrative status of the Agency.

The Agency shall manage the Financial Stability Fund outside the State budget (hereinafter referred to as: Fund Consisting of the Deposit Guarantee Fund, as referred to in Chapter 4, and the deposit guarantee fund referred to in Chapter 5 as a deposit guarantee fund.

ARTICLE 3
Definitions

For the purposes of this law:

(1) EU Resolution Regulation Establishing uniform rules and uniform procedures for the resolution of credit institutions and certain investment firms in the framework of the Single Resolution Mechanism and the Single Resolution Fund and Regulation (EU) No Regulation (EU) No 806/2014 of the European Parliament and of the Council amending 1093/2010;

(2) On a treaty basis A mutual agreement between euro area Member States and other EU Member States which have acceded to the Agreement on the transfer of stability charges to the joint resolution fund and the pooling of funds shares;

(3) Crisis resolution The law on the resolution of credit institutions and investment firms (19/04/2014) ;

(4) Credit institution Of the Law on credit institutions (610/2014) Chapter 1, Article 7 Of the institution;

(5) Investment firm Investment services (747/2012) Chapter 6 The investment firm, as referred to in paragraph 1, which carries on a financial instrument for own account or from guaranteeing the issue;

(6) Group The group referred to in Article 3 (1) (7) of Chapter 1 of the Resolution;

(7) The stability charge National contributions to the resolution fund;

(8) EU stability fee Payments to be collected and transferred to the resolution fund under the EU Resolution Regulation;

(9) Payment obligation Credit institutions referred to in Article 1 (1) of Chapter 1;

(10) Deposit bank The deposit bank referred to in Article 8 of Chapter 1 of the Law on Credit Institutions;

(11) Deposit The amounts receivable in the deposit bank account and, by the date of adoption of the decision referred to in Article 10 (2) of Chapter 5 of this Act, non-registered claims and accrued interest on the deposit bank account; However, the deposit does not include:

(a) based on securities markets (746/2012) in Chapter 2, Article 1 The securities referred to; or

(b) the deposit bank of which, under the terms of the contract, is entitled or required to repay the value other than the nominal amount of the claim;

(12) With a viable deposit Other deposits other than:

(a) deposits of the public body;

(b) deposits by another credit institution, investment firm, management company, alternative fund manager and financial institution for its own account;

(c) deposits of insurance companies, insurance undertakings, pension funds and insurance funds;

(d) deposits based on criminal law (39/1889) , where a preliminary investigation or trial relating to the abovementioned offence is pending, the Fund may suspend the compensation until the final decision of the court;

(e) deposits held in the account of client funds within the meaning of Article 3 (1) of Chapter 9 of Chapter 9 of the Investment Services Directive;

(f) deposits for which the identity of the owner cannot be explained by the law on the prevention and detection of money laundering and terrorist financing (503/2008) In accordance with

(g) debt securities and debt securities issued by a credit institution;

(13) Legal person operating in financial markets The Financial Control Act (878/2008), Or other financial markets within the meaning of Article 5;

(14) With a deposit to be replaced The part of the eligible deposit which may be replaced by Article 8 of Chapter 5;

(15) Depositary The natural or legal person entered in the depository agreement, or the estate of the estate or any other association of persons, subject to the provisions of paragraph 2 below;

16) Deposit guarantee fee A fee to be collected from deposit banks to reduce the deposit guarantee fund;

(17) EU Capital Requirements Regulation Regulation (EU) No 575/2013 of the European Parliament and of the Council on the prudential requirements of credit institutions and investment firms and amending Regulation (EU) No 648/2012.

For the purposes of paragraph 1 (15), the depositary shall be regarded as:

(1) for each deposit contract, for each account holder, this relative proportion of the amount of the assets held in the account if the account holders are several;

2) the person to whom the funds in the account belong if:

(a) this is known at the time of the decision referred to in Article 9 (2) of Chapter 5;

(b) an account agreement is registered as an account holder other than the investment service provider referred to in point (e) of Article 1 (12); and

(c) the account shall be used to maintain assets other than those belonging to the account holder.

§ 4
Tasks

The Agency shall be responsible for:

(1) perform the tasks assigned to it in the resolution of the crisis and monitor compliance with the law in conjunction with the Financial Supervisory Authority;

(2) In accordance with the EU Resolution Regulation, participate in the work of the resolution council referred to in Article 42, cooperate with the resolution Council and submit to the Resolution Board the necessary Information;

(3) provide for the calculation of the contributions of the stability fees referred to in the EU Resolution Regulation, the collection and management of payments and the transfer of payments to the fund referred to in that Regulation;

(4) provide for the collection and transfer of fees to cover the administrative costs of the Resolution Board to the Council of Crisis Resolution;

(5) implement decisions taken by the Resolution Board under the EU Resolution Regulation;

(6) to carry out the tasks of the Deposit Guarantee Fund referred to in Chapter 5, to collect and manage deposit guarantee payments and to decide on the start of the payment obligation;

(7) prepare, together with the Ministry of Finance, the granting of a loan or other assistance to the Fund provided for in Article 73 of the EU Resolution Regulation;

(8) make proposals and initiatives on the development of provisions and provisions on financial crisis resolution;

(9) provide it with the tasks laid down in the Law on Credit Insurance;

(10) cooperate with other authorities;

(11) provide training in the area of its mission;

(12) take care of the tasks assigned to it by law or regulation.

In addition, the objectives and tasks of the Agency shall be laid down in the resolution and the EU Resolution Regulation.

Chapter 2

Administration

ARTICLE 1
Management

The Agency will be managed by an overhead appointed and dismissed by the Council of State. The Director shall be responsible for the achievement of the Agency's objectives and the development and performance of its activities.

The Director-General's term of office shall be five years and may be elected for a maximum of two consecutive terms.

As a condition of eligibility for the post of Director-General, a senior university degree in office, the required range of experience and knowledge of the financial markets, as well as practical knowledge of management and management experience, is required.

If the Director is prevented from attending, he shall be replaced by an official appointed by the Ministry of Finance.

More detailed provisions may be adopted by the Government Decree on the appointment of the Deputy Director.

ARTICLE 2
Decision-making

The Director-General shall decide on matters to be settled by the Agency, unless otherwise specified below.

The Director General shall adopt the Rules of Procedure.

The Agency shall submit to the Ministry of Finance a proposal for a decision to be taken in the framework of the resolution, the implementation of which requires borrowing. Borrowing is provided for in Section 8 of Chapter 3.

More detailed provisions may be laid down by the Government Decree on the management and the decision-making powers of the Agency.

ARTICLE 3
Independence

The Agency shall be organised in such a way as to ensure its independence and impartiality in the performance of its tasks.

The official of the Agency shall be independent of credit institutions, investment firms and undertakings belonging to the same group, and shall not belong to their supervisory board, government, representative, host or Auditors and not to them in a service or contract relationship.

Accessibility is governed by the administrative law (2003) .

§ 4
Advisory Board

The Agency shall be composed of representatives of the Agency, the Ministry of Finance, the Bank of Finland and the Financial Supervisory Authority, whose task is to ensure cooperation and exchange of information between those authorities. The Advisory Board shall be set up by the Ministry of Finance for a period of three years on a proposal from the authorities mentioned in this paragraph.

More detailed provisions on the composition and role of the Advisory Board may be laid down by the Government Decree.

§ 5
Officials

The Agency shall have a sufficient number of staff to carry out its tasks properly. Officials are appointed by the High Commissioner.

A qualified university degree and a wide degree of familiarity with the field of competence of the experts acting as experts.

In other respects, civil servants are governed by the law of the State (18/04/1994) .

By way of derogation from paragraph 1, the Council of State may decide that the official may be appointed as an official of the Office of the Ministry of Finance, the Bank of Finland or the Financial Supervisory Authority. The appointment of the motion shall be made by the Director after hearing the official's employer.

ARTICLE 6
Notification obligation

Before appointment, the Director-General shall report:

(1) business activities;

(2) ownership of companies and significant other assets;

(3) its debts, guarantees and other contingent liabilities;

(4) other interests which may be relevant for the purpose of assessing the performance of the duties incumbent upon it.

The provisions of paragraph 1 shall also apply to the appointment of a post in which the office of office shall, other than occasionally, access the financial markets or the economic status or business secret of private entities or persons. Shall be kept confidential.

The clearing obligation referred to in paragraph 1 shall also apply to the appointment of an official relationship with the functions of the post referred to in paragraphs 1 or 2.

The official shall, without delay, report any material changes in the information contained in the report, remedy the deficiencies identified therein and, if necessary, complete the report it has given. Where appropriate, he shall also, at the request of the Agency, provide information on the matters referred to in paragraph 1.

The Director-General of the Agency shall inform the Office of the Ministry of Finance and the official of the Office of a credit institution, investment firm or group of persons belonging to the group, or on his behalf, of a credit institution, investment firm or group The guarantee or other contingent liability. (12/05/1281)

The administrator and the official of the Agency shall inform the regulated market or mtf of shares in Finland and of financial instruments whose value is determined by the On the basis of Article 7 of the list maintained by the Agency. (12/05/1281)

The information contained in the report on the matters referred to in paragraph 1 (1) to (3) is confidential. However, everyone has the right to receive information from the list referred to in paragraph 6.

The decree of the Council of State may give more precise provisions on the way in which the report is to be provided.

§ 7
Insider declaration

The Director-General of the Agency and the official shall report within one month from the date on which he took up his duties.

The notification requirement referred to in paragraph 1 shall state in the inner circle declaration:

(1) the undertaker who is subject to the obligation to notify;

(2) an entity or a foundation in which the reporting obligation or the disabled person referred to in paragraph 1 are directly or indirectly controlled;

(3) the obligation of the declarant, and the entity or the Foundation referred to in paragraph 1, owned by the entity or the foundation referred to in paragraph 1, of a regulated market or an mtf traded in Finland; and Financial instruments whose value is determined on the basis of those shares.

The inside declaration shall include the information necessary for the identification of the person, entity or foundation concerned, as well as information on shares and other financial instruments.

The information referred to in paragraph 2 (2) and (3) shall not be notified to the extent that they concern the housing limited company, the Housing Limited Company Act, (1599/2009) in Chapter 28, Article 2 Or a non-profit-making association or a non-profit-making entity. However, where a financial instrument is regularly traded by the Community, the relevant information shall be provided.

The reporting obligation shall inform the Agency within fourteen days of any of the following changes:

(1) acquisitions and disposals of shares and financial instruments referred to in paragraph 2 (3) where the change of ownership is at least eur 5 000;

(2) other changes in the information referred to in this Article.

§ 8
Financing of activities

The costs of the operation of the Agency shall be borne by credit institutions and investment firms, as provided for in the Act on the management fee of the Financial Stability Agency (19/07/2014) .

Chapter 3

Fund resources and their investment, expenditure and borrowing

ARTICLE 1
Fund resources

The Fund shall be used by the Fund for the purposes of stability charges, deposit guarantee payments and the fees for accession referred to in Section 4 of Chapter 5, as well as the assets and income derived therefrom.

ARTICLE 2
Separation of funds

The guarantee fees and their assets and their income shall be kept separate from the Deposit Guarantee Scheme and the Accession Charges, as well as their investment in the assets and the proceeds thereof.

ARTICLE 3
Expenditure arising from the operation of the Fund

Costs arising from the operation of the Fund shall be borne by credit institutions and investment firms, as provided for in the Act on the management fee of the Financial Stability Agency. The fund's investment costs shall be borne by the Fund.

§ 4
Decision-making on the investment activities of the Fund

The fund referred to in Chapters 4 and 5 of the Agency shall have a government which decides on the Fund's risk management, investment plans and principles, and directs the allocation of funds. The Ministry of Finance appoints the government for a term of three years. The Board of Directors shall be chaired by the Chairperson, the Vice-President and at least three and a maximum of five other members. A personal alternate shall be appointed to each Member.

At least two members and their individual alternates shall be provided for persons proposed by associations of credit institutions and associations of deposit banks. The Treasury Department can relieve a member of the government of his duties. The Ministry of Finance, acting on a proposal from the Office, shall determine the remuneration of the members and the Board's Rules of Procedure.

The Board of Directors shall be quorum in the presence of three members or alternates and of the Chairperson or Vice-President. Each member shall have one vote. Cases shall be settled by simple majority. In the event of a tie, the Chairman of the meeting shall vote.

Articles 6 and 7 of Chapter 2 provide for an obligation to notify the Executive Director of the Agency, and shall also apply to the President of the Government, a member and an alternate. (12/05/1281)

The Chairperson, Vice-President, member and alternate members of the Board of Directors shall be subject to the provisions relating to criminal liability in the performance of the duties referred to in this Act. Liability for damages is governed by the law on damages (1999) .

§ 5
Investments in the Fund

In investing the funds of the funds managed by it, the Agency shall ensure that investments are secure in a way that ensures liquidity, profits and financial assets, as well as their proper decentralisation. The Fund's Board of Directors shall draw up a plan for the investment of the Fund ( Investment plan ). In particular, the investment plan shall take into account the nature of the fund and the requirements for investment. The investment plan shall indicate what kind of decentralised plan the fund has, how the rights deriving from the ownership of the fund in other entities are used and the principles to be applied when selecting asset managers.

ARTICLE 6
Special provisions concerning the siting of the deposit protection fund

In addition to Article 5, the assets of the Deposit Guarantee Fund shall be invested in debt certificates which, subject to the EU Solvency Regulation, shall be assigned a risk weight of up to 50 % in the calculation of the capital requirement for credit risk, unless the government For a particular reason, decides on the allocation of funds to other securities which do not differ significantly from the risk of debt certificates as referred to in this paragraph.

Funds from the Fund shall not be invested in shares or units of the depository of a deposit bank or of a Community or other Community or bank guarantee fund falling within the same group, Securities issued by the issuer. In addition, the Fund shall not otherwise be invested in the depository deposit bank or with it in the same group or as a guarantee fund of the Bank.

Paragraph 2, which provides for a deposit bank, shall also apply to a foreign credit institution and a member of a group belonging to the same group, which is obliged to pay a deposit guarantee.

Paragraph 2 shall not preclude the mobilisation of the Fund in respect of investment funds (48/1999) Referred to in Article 3 (1).

The liquidity of the Deposit Guarantee Fund shall be adequately secured against the operation of the Fund. The return on investments will be added to the capital of the Deposit Guarantee Fund.

§ 7
Risk management of the fund

The Agency shall have efficient and reliable management and control systems for the purpose of identifying, managing, limiting, monitoring and reporting risks to the assets and compensation of the Deposit Guarantee Fund. And adequate standing facilities for the compensation of depositors within the time limits set out in Chapter 5, Section 10.

The Agency shall, on a regular basis at least every three years, ensure that its own and deposit banks' information systems are sufficient to fulfil the obligations set out in this Chapter.

In addition to the provisions of paragraph 2, the load tests referred to therein shall also be carried out without delay after a deposit guarantee fee is required to carry out a new significant deposit bank, or deposit banks or agencies. The information management systems have been substantially amended.

Information provided by Deposit Banks under this Article to the Agency may only be used for the purposes of carrying out the load tests referred to in this Article and shall not be kept longer than necessary for the performance of load tests.

Paragraph 1 shall also apply to the resolution fund referred to in Chapter 4 for management and control systems and the risks to the payment of compensation.

§ 8
Borrowing and lending operations

The Fund may, with the permission of the Council and under the conditions laid down by it, take out a loan within the limits of the borrowing powers granted by the Parliament in the course of the examination of the budget. The interest and repayment of loans shall be made from the Fund's assets.

The Fund may borrow funds from the Fund for the resolution of another EEA State Crisis Fund if:

(1) stability charges levied in accordance with Article 6 of Chapter 4 are not sufficient to cover losses, costs or other expenditure arising from the use of the resolution fund;

(2) the additional ex-post stability payments referred to in Section 7 of Chapter 4 are not immediately available; and

(3) other alternative financing arrangements are not immediately available under reasonable conditions.

The loan agreement shall agree on uniform rates of interest, repayment and other conditions for all lenders, unless otherwise agreed by the Agency and all lenders.

The Resolution Fund may lend to the other EEA Fund for resolution funds, with the agreement of the Council of Ministers.

Chapter 4

EU stability fee to be collected for the EU Common Resolution Fund and the stability fee to be collected for the national resolution fund

EU Common Resolution Fund
ARTICLE 1
Absorption of the EU stability fee

The payment obligation shall be carried out by the Agency for the management of the resolution fund by 31 May each year by an EU stability fee determined in accordance with Articles 70 and 71 of the EU Resolution Regulation. The European Stability fee shall be charged to the Agency.

ARTICLE 2
Payment procedure for EU stability charges

The Agency shall calculate the amount of the EU stability fee for each payment obligor and shall ensure the collection of EU stability fees in accordance with the EU Resolution Regulation and the Treaty. Moreover, the determination of the guarantee fees is regulated separately by a European Commission Regulation.

The Agency may provide more detailed provisions on the payment procedure for the EU stability fee.

The amount of the EU stability fee to be collected each year may be reduced by the amount corresponding to the income generated by the allocation of the EU stability fee to the resolution fund.

The decree of the Council of State may provide for more detailed provisions on the contribution of the EU's stability fees and on the information procedure.

ARTICLE 3
Transfer of EU stability charges

The Agency shall, by 30 June at the latest, transfer the EU stability payments to the Fund, as provided for in the EU Resolution Regulation, in accordance with Articles 1 and 2, as provided for in that Regulation and with the agreement of the Constitution.

§ 4
Reference to the EU Resolution Regulation and the Treaty

The target level of the EU stability fee, the determination of the contribution rate, the collection of the additional EU stability fee and the use of EU stability charges are set out in Articles 69 to 71 of the EU Resolution Regulation and Articles 3 to 5 of the Treaty.

Resolution fund
§ 5
National stability fee and target level for resolution fund

An investment firm shall carry out an annual stability fee to be administered by the Agency to the resolution fund, by 31 May at the latest.

The stability charges for investment firms shall be reduced as evenly as possible, with the sum of their sum to meet the target level set at 31 December 2024 at the latest. The target level shall be calculated as a proportion of the total target level for investment firms and credit institutions, which is 1 % of the amounts to be reimbursed. (12/05/1281)

The target level for the resolution fund shall be determined as a contribution to the calculated level of the target level referred to in paragraph 2, corresponding to the sum of the aggregate liabilities of investment firms, minus its own funds, the contribution of all The total amount of the liabilities of investment firms to be charted and of the EU stability fee, minus their own funds and redeemable deposits. (12/05/1281)

Investment firms shall carry out an annual amount equal to 10 % of the target level.

If the level of the stability payments falls below the deadline provided for in paragraph 2 below, the Agency shall levy the stability charges until the target level has been reached.

The decree of the Council of State may provide for more detailed provisions on the contribution of the stability fee and the information procedure.

ARTICLE 6
Criteria for the national stability fee

The annual contribution of the investment firm to the aggregate stability fee of all investment firms shall be determined by the ratio of the total amount of its liabilities, with the exception of own funds for all investment firms operating in Finland With the exception of own resources.

Moreover, the determination of the guarantee fees is regulated separately by a European Commission Regulation.

§ 7
Additional national stability charges

Where the resources of the Fund are not sufficient to cover losses, costs or other expenditure incurred by the investment firm, investment firms shall be subject to additional stability charges in accordance with Article 6 until: Target level has been reached. The annual stability fee shall not exceed three times the amount of the annual stability fee.

The Agency may decide not to collect, in part or in full, additional payments for a period of up to six months if the execution of the stability fee would jeopardise the liquidity or solvency of the investment firm. The levying of the guarantee fee may be transferred from the investment firm's application up to a maximum of twice.

§ 8
Use of national stability charges

The Agency may use stability charges to cover the costs of the investment firm's resolution activities. These resolution measures include:

1) for the investment firm, its subsidiary, its subsidiary, the asset management company referred to in Article 1 (1) of Chapter 11 of the Resolution and Article 1 (1) (1) of Chapter 10 of that Act; The guarantee of the institution's assets or liabilities;

(2) the granting of a loan to the investment firm which is the subject of the resolution, its subsidiary, the asset management company or the temporary institution;

(3) the purchase of the assets of the investment firm which is the subject of resolution measures;

(4) financial contributions to the asset management company or the temporary institution;

(5) the performance of the investment firm which is the subject of resolution measures, taken instead of a reduction in the nominal amount of the debt, in accordance with Sections 5 and 6 of Chapter 8 of the Resolution, where the Agency has reduced the value of the debt and has decided to: Part of the debt write-off in accordance with Article 5 of that Chapter;

(6) a voluntary loan for other financial arrangements;

7) A combination of the measures referred to in paragraphs 1 to 6.

The Agency may also make use of the stability charges for the activities referred to in paragraph 1 if the Agency, in accordance with Chapter 9 of the resolution of the investment firm, alloys the investment firm to the purchaser of the institution's business.

§ 9
Participation of the Resolution Fund in the group resolution

The Resolution Fund may contribute to the group resolution of the investment firm if the conditions of Article 13 of Chapter 14 of the Resolution Act are fulfilled.

ARTICLE 10
Control

Financial supervision shall monitor compliance with the obligation of payment provided for in Articles 1 and 5.

Chapter 5

Deposit protection

ARTICLE 1
Deposit protection fund

In order to safeguard the claims of depositor banks, the Deposit Insurance Fund is managed by the Agency.

Deposit bank shall be part of the Deposit Guarantee Scheme.

ARTICLE 2
Deposit bank internal systems and information to the Agency

The deposit bank shall have internal systems to ensure that the amount of eligible and reimbursable deposits of each depositor can be continuously cleared.

Deposit banks shall submit to the Agency, upon request, the information referred to in paragraph 1.

ARTICLE 3
Minimum level of funds for the deposit protection fund

The Deposit Guarantee Fund shall contain at least the amount corresponding to 0,8 % of the amount of deposits to be reimbursed by the deposit banks.

§ 4
Deposit Guarantee and Deposit Guarantee Scheme

If the amount of assets in the Deposit Guarantee Fund falls below the amount provided for in Article 3, the deposit bank shall carry out an annual deposit guarantee fee calculated to the Agency in accordance with Article 5, which shall be used for the deposit of the deposit guarantee fund in accordance with Article 3. Minimum level. The Agency may decide that a minimum level of 30 % of the deposit guarantee fund shall be made up of commitments from deposit banks. (26/06/812)

The new deposit bank shall pay a deposit guarantee scheme for the deposit guarantee scheme of 0,8 % of the aggregate amount of deposit liabilities to be reimbursed by the deposit bank. The accession fee shall be paid in full within 10 years of the date of accession in such a way that at least one tenth of the total amount of the accession fee shall be paid each year. The first year shall be the amount corresponding to at least one-tenth of the amount of the pre-accession fee calculated on the basis of the estimated amount of the eligible deposits at the end of the second calendar year following the end of the second calendar year following the year of accession Total amount. The annual accession fee shall be increased or reduced in the same proportion as the amount of deposits to be reimbursed by the deposit bank each year or less.

Paragraph 2 shall not apply to the deposit bank as a result of the merger, division or business transfer of deposit banks performing a deposit guarantee fee. If a deposit bank is made up as a result of the merger of one or more depository deposit banks and a foreign depository bank, the accession fee referred to in paragraph 2 shall be calculated on the basis of the On the basis of the total quantity.

Payments to the Fund shall not be refunded to the deposit bank, even if the assets of the Deposit Guarantee Fund exceed the de minimis threshold under Article 3.

The decree of the Council of State may provide for more detailed provisions on the Deposit Guarantee fee and the contribution of the accession fee and the information procedure.

§ 5
The amount of the deposit guarantee fee

The annual deposit guarantee fee shall be determined on the basis of the solvency and the amount of the deposit liabilities of the deposit bank, so that the deposit bank's own funds to cover the risks calculated in accordance with the EU solvency Regulation The ratio between the minimum amount and the own funds is multiplied by the sum of the deposits to be replaced by Article 8 (1) and (2) of the Bank, multiplied by the coefficient under paragraph 2 of this Article.

The coefficient referred to in paragraph 1 shall be determined by each year in such a way that the assets of the deposit guarantee fund reach the de minimis threshold in accordance with Article 3 at the latest in the sixth calendar year following the receipt of the Fund's resources under Article 3. Minimum level.

Where the deposit bank is supervised in accordance with the EU Capital Requirements Regulation on the basis of its consolidated financial position, the deposit guarantee fee shall be calculated on the basis of the consolidated own funds required to cover risks and consolidated own On the basis of the funds, multiplied by the amount of the deposit liabilities of credit institutions in the consolidating group.

Deposit banks included in the pool banks' pool shall be subject to a common deposit guarantee fee (599/2010) § 19 As a single credit institution, on the basis of the combined solvency of the entities belonging to the consortium. The deposit guarantee fee for the participating banks shall be paid to the Deposit Guarantee Fund by the central entity of the pool. The deposit guarantee fee by the central Community shall be distributed among its Member States in proportion to the amount of own funds calculated in accordance with Article 1 (1) of the credit institutions. With the authorisation of the Agency, the deposit guarantee fee can also be distributed in a different way.

The sum of the deposits referred to in paragraph 1, the amount of own funds and the minimum amount of own funds shall be determined on the basis of the consolidated accounts for the financial year preceding the payment of the deposit guarantee.

The Agency shall provide more detailed provisions for the payment of the fee.

Notwithstanding paragraph 1, the Agency may also calculate the risks referred to in that paragraph by a method other than that specified in the EU Capital Requirements Regulation. In assessing the risk, the Agency shall take into account the risks associated with the operation of the savings bank as set out in the Annex. The Agency shall assess the risks of the deposit bank by the following factors and the following indicators:

1) capital made up of the degree of self-sufficiency and solvency ratios of the deposit bank;

(2) liquidity and borrowing, consisting of the liquidity of the deposit bank and the amount of permanent borrowings;

(3) the quality of assets made up of the share of the non-performing assets of the deposit bank;

(4) the business model and management consisting of the risk-weighted balance sheet and off-balance-sheet commitments of the deposit bank in relation to the aggregate assets;

(5) any losses incurred by the Deposit Guarantee Fund, which consist of a deposit bank's assets which are not covered by collateral, in relation to deposits refunded.

(26/06/812)

Where the Agency uses the method referred to in paragraph 7, it shall fix an overall risk meter for each deposit bank by combining the risk indicators referred to in that paragraph in accordance with the methods and the weightings referred to in the Annex. The Agency shall establish the annual deposit guarantee fee for each deposit bank by multiplying the annual basic financial contribution by the risk-slave factor in accordance with the methodology set out in the Annex. The coefficient of the risk slave shall be 0,75-1,5. (26/06/812)

If the financial information report or the solvency report provided by the Deposit Bank does not contain the information required for the risk meter referred to in the Annex, and the definition of the risk meter is not sufficient in the EU Harmonised, the meter shall not apply. Other risk meters shall then be remeasured to the weights in the Annex so that the sum of the weights is one. (26/06/812)

ARTICLE 6
Additional financing

If the assets of the Deposit Guarantee Fund are not sufficient to repay the compensation, the Agency may oblige the deposit banks to pay an additional annual deposit guarantee fee up to a maximum of 0.5 % of the deposit bank 's Deposits.

If the assets of the Deposit Guarantee Fund are not sufficient to reimburse the compensation referred to in paragraph 1, or after the recovery of the additional payment referred to in paragraph 1, the Agency may oblige the deposit banks to borrow Missing funds for the Deposit Guarantee Fund. The share of each deposit bank is determined in the same proportion as its contribution to the deposit guarantee fees payable under Article 4. The borrowing from the Fund is set out in Section 8 of Chapter 3.

If the funds invested in the Deposit Guarantee Fund cannot be rapidly converted into cash before the start of the liability obligation, the Fund may be taken up to a maximum of one year at a time, for the purpose of providing compensation in accordance with Article 8 of Chapter 3. In accordance with

The Agency may suspend the payment and lending obligation under this section of the deposit bank if it is necessary to ensure the solvency or liquidity of the deposit bank.

The decree of the Ministry of Finance lays down further provisions on the terms and conditions of the loan contracts required for the deposit banks referred to in this Article.

§ 7
Use of funds from Deposit Guarantee Fund

The funds of the Deposit Guarantee Fund shall not be used for purposes other than compensation to depositors in accordance with this Chapter, subject to paragraph 2 or Article 14 or Article 15.

Instead of a decision as referred to in Article 9 (2), the Agency may decide to use the deposit guarantee fund to finance an arrangement whereby the deposit bank deposits are transferred to another Finnish deposit bank. The Agency may take a decision within the meaning of this paragraph after having received the notification referred to in Article 9 (1), or else the Agency shall declare the deposit bank insolvent.

The Agency may adopt the decision referred to in paragraph 2 if the Agency has reasonable grounds to assume that the absence of a decision would lead to the payment of compensation to depositors and both of the following conditions are met:

(1) either the amount of the administrative costs incurred by the Agency for the reimbursement of the compensation resulting from the payment of compensation and the payment of compensation would be greater than that of the application of paragraph 2 to the Deposit Guarantee Fund The amount of recovery or the use of Deposit Guarantee Fund funds to pay depositors instead of the deposit position would probably jeopardise confidence in the stability of the Finnish financial system; and

2) the transfer of deposits to the other deposit bank does not materially affect the depositor's ability to use the deposit account.

Article 15, which provides for the Office's right of recourse to the deposit bank, shall, by analogy, apply to the amount paid to the receiving bank pursuant to Article 2 of the Agency.

§ 8
Remunted deposits

The Deposit Guarantee Fund shall reimburse the eligible deposits in the same deposit bank of the depositor, up to a maximum of EUR 100 000.

Notwithstanding the provisions of paragraph 1, the maximum amount of the depository shall be fully recovered from the assets of the Deposit Guarantee Fund if the depositor demonstrates reliably that it is based on the funds received by the depositor The sale of its own place of residence and the use of the assets for the acquisition of a new place of residence of the depositor. In addition, it is required that the funds received from the sale of the depositor's apartment have been deposited in a deposit bank account not more than six months before the date on which the deposit bank has failed to pay the depositor, as referred to in Article 9. Deposit. This condition is deemed to have been fulfilled even if the deposit is entered into the depositor's account only after the date referred to in Article 9. Unless otherwise demonstrated, the deposit bank shall be deemed to have defaulted on the date on which the depositor has made the notification referred to in Article 9 (1), or on the previous day, within the meaning of this paragraph. On which the Agency has received a notification from another depositor, pursuant to which the Agency has taken the decision referred to in paragraph 2 of that Article.

Notwithstanding the provisions of this Article, the depositor who has not used the account for 24 months shall not be entitled to compensation if the amount of the compensation is lower than the costs incurred by the Agency.

If, in the past, under paragraphs 1 and 2, the Fund has already been replaced by a depositor's assets, the Fund shall be replaced by the depositary at the same deposit bank only to the extent that the assets are based on the funds deposited in the bank in this The compensation referred to in paragraph 1.

For the purposes of this Article, deposit banks as a depositary of deposit banks shall be considered as a single deposit bank.

The compensation fund for the provision of compensation in the investment facility is laid down in Chapter 11 of that law.

§ 9
Start of the payment obligation

Where the deposit bank has not carried out outstanding and non-negotiable eligible deposits, the depositor may inform the Agency accordingly.

Within five working days of the notification referred to in paragraph 1, or after having received information that the deposit bank has been declared insolvent by a decision of the Court of Justice or of another authority, the Agency shall decide whether deposits should be replaced by: Deposit Guarantee Fund resources.

The imposition of a payment obligation shall be conditional on the failure to pay the amount referred to in paragraph 1 on the basis of the report due to the financial difficulties of the bank or other financial difficulties and, according to the Agency's assessment, Temporary. The Agency shall make a decision within the meaning of this Article in cooperation with the financial supervision and the Bank of Finland.

In assessing the temporary nature of the difficulties referred to in paragraph 2, the Agency shall take into account the mutual responsibility of the consortium members' credit institutions as referred to in Chapter 5 of the Banking Association Act.

The Agency shall notify its decision referred to in paragraph 2 of its decision to the deposit bank concerned, its depositors, the Ministry of Finance and the Financial Supervisory Authority and, where the deposit bank is part of the credit institution The guarantee fund referred to in the Chapter, the Fund. If the bank has a branch abroad, the decision shall also be notified to the supervisory authority of the State where the branch is located and the Deposit Guarantee Fund. In addition, the Agency shall inform the public about the measures to be taken by depositors in order to safeguard their assets. The announcement shall also be published in the largest daily press coverage of the deposit bank in Finnish and Swedish.

For the purposes of the decision of the Agency referred to in paragraph 2, the deposit bank shall provide the Agency with information on depositors and their deposits refunded under Article 8. The Agency shall not provide information to authorities other than authorities which, in accordance with Article 14 of Chapter 15 of the Law on Credit Insurance Act, are entitled to receive confidential information.

ARTICLE 10
Payment of compensation

The Deposit Guarantee Fund shall, without a different application, be paid to depositors in accordance with Article 8 within seven working days of the decision of the Agency referred to in Article 9, subject to paragraph 2. Where the deposit bank is a liquidation or bankruptcy of a decision within the meaning of Article 9, the period laid down in this paragraph shall be calculated on a liquidation or liquidation decision.

The Agency may decide to grant an additional period of up to three months to pay compensation if:

(1) the depositary's right to compensation is unclear;

(2) the depositary's right to a deposit is restricted by a decision of the Authority;

(3) the deposit account has not been used for 24 months;

(4) the receipt of a depositor pursuant to Article 8 (2) in full; or

(5) the question is the deposit of a foreign branch referred to in Article 11.

Where the Agency does not have the necessary information on the depositor to replace the deposit within the period provided for in paragraphs 1 or 2, the Agency shall, within the period laid down in paragraph 2, deposit the remuneration in accordance with the regional management agency, in respect of which money, values, On the deposit of securities or documents with a view to the payment or exemption of the debt in accordance with the law on performance (19,1931) Provides.

The compensation shall be paid in euro or, if the deposit is made in the foreign branch of the deposit bank, in the currency of the State of the branch. Where the account currency is other than the euro or the currency of the State of the branch, the remuneration may be made in the currency account or in euro. The amount to be reimbursed shall be converted into euro using the rate of the day on which the liability decision is taken by the Agency under Article 9.

ARTICLE 11
Payment of compensation to the depositor of the branch

If the deposit bank has a branch in another EEA State, the Agency shall request the Deposit Guarantee Fund of this State to inform depositors of the branch in order to provide the necessary information and to pay compensation. The Agency shall provide the necessary information and instructions to the Deposit Guarantee Fund of the other EEA State and make the necessary funds available for this purpose.

If a branch of the Second EEA State has a branch in Finland, the Agency shall, at the request of the Deposit Insurance Fund, notify the depositors of the branch of the depository at the request of the depositary, and shall: Compensation in accordance with the provisions of the Deposit Guarantee Fund of the Deposit Guarantee Fund, where the said authority has made available to the Agency the necessary funds for the payment of compensation.

Without prejudice to this provision, the Agency may, without prejudice to another EEA State's Deposit Guarantee Authority, agree that the provision of information and the execution of the compensation referred to in this Article shall be effected by other means if it does not undermine: The position of depositary.

ARTICLE 12
The effect of the withdrawal of the authorisation of the deposit bank

In deciding on the withdrawal of the authorisation of the deposit bank pursuant to Article 26 of the Law on Financial Supervision, Financial Supervision may submit to the Agency that deposits are replaced in accordance with this law.

ARTICLE 13
The effect of the transfer of the deposit position on deposit protection

Notwithstanding Article 8 (1), the amount of the maximum amount to be reimbursed shall be replaced by a deposit which has been transferred to another deposit bank as a result of the merger, division or transfer of business; To the same amount as before the transfer of the deposit, subject to paragraph 2.

Paragraph 1 shall apply to the required deposit for a period of three months from the registration of the merger, division or transfer of business.

Where deposit bank deposits are transferred, in whole or in part, as a result of the merger, division, business transfer or transfer of the depository of the deposit bank, to be replaced by another EEA State Deposit Guarantee Fund, the Agency shall disclose to the The share of transferred deposits from the deposit bank in the last 12 months prior to the merger, division, business assignment or transfer of the registered office, with the exception of Article 6; Of the Treaty on European Union.

The deposit bank shall, at least six months before the transfer referred to in paragraph 1, notify the Agency and the Deposit Guarantee Fund of the EEA State referred to in paragraph 3.

The depository bank shall be obliged to pay the deposit guarantee fees referred to in Articles 4 and 6 until the merger, the distribution, the transfer of the business or the transfer of the place of residence are registered.

In the cases referred to in this Article, the depositary's right to be made redundant shall be governed by the law on commercial banks and other corporate credit institutions (2002) , the savings bank (1502/2001) And the Law on Cooperative Banks and other Credit Institutions (423/2013) .

ARTICLE 14
Use of Deposit Guarantee Fund funds to fund resolution

The Agency may decide to use the funds from the Deposit Guarantee Fund to cover the cost of the resolution:

(1) in the context of a reduction of the nominal value of the bonds, a reduction in the write-off of the losses of deposits to be reimbursed at the same time as other creditors in a similar manner if the deposit bank had been set up; Bankruptcy;

(2) in the context of a reduction in the nominal value of a resolution, other than the nominal value of the bonds, the amount of the losses of the deposits to be reimbursed, which would have been equivalent to the other creditors in a similar manner if the deposit bank were to: Declared bankrupt.

The performance referred to in paragraph 1 shall be made in cash.

The assets of the Deposit Guarantee Fund may be used up to a maximum of net losses that would have been met if the deposit bank had been declared bankrupt.

When the Agency decides to reduce the nominal value of the liabilities, the funds from the Deposit Guarantee Fund may not be used to refinance the deposit bank or to finance the temporary agency.

If the share of the deposit guarantee payments in the net losses is higher than the amount that would have been to be covered by the bankruptcy fund in the event of a failure of the deposit bank, the Agency shall transfer the corresponding percentage of the difference to the Deposit Guarantee Fund.

If the deposits refunded by the depository deposit bank are transferred to another Deposit Bank, the depositor does not have the right to reimbursement of the deposit guarantee fund from that part of the deposit facility to the deposit bank subject to the resolution Deposits which are not transferred if the amount of the transferred assets is equal to or greater than the maximum level of protection provided for in paragraph 3.

§ 15
Agency's right of recourse

The Agency shall receive guarantees from the deposit bank to the extent that the deposit bank deposits have been replaced by the Deposit Guarantee Fund or otherwise spent on the cost of the resolution in accordance with Article 14. The funds recovered from the deposit bank with interest shall be transferred to the Deposit Guarantee Fund. The rate to be paid for the adjustment shall apply to the (633/1982) Articles 7 and 12 . The Agency may, in whole or in part, waive the provision of this article if the payment of the access would jeopardise the financial viability of the deposit bank.

For the purposes of this Article, the claim for recourse is the same prerogative as the deposit of the deposit bank.

ARTICLE 16
Cooperation with other EEA savings banks

The Agency shall cooperate and ensure adequate exchange of information with the Deposit Guarantee Fund of the EEA States in whose territory the deposit bank or the other EEA Deposit Bank, which has a branch in Finland, operates.

The Agency shall contribute to the adoption, where appropriate, of the principles and procedures for cooperation in the written control protocol, which shall be signed by all Deposit Insurance Fund referred to in paragraph 1.

§ 17
Notification obligation to eba

By 31 March each year, the Agency shall notify the European Banking Authority of the aggregate amount of deposits to be reimbursed and the amount of the deposit guarantee fund at the end of the preceding year.

ARTICLE 18
Obligation to inform the deposit bank

The deposit bank shall provide its depositors with adequate information on the coverage and changes in the information previously provided. The decree of the Ministry of Finance gives details of the information to be notified.

§ 19
Control

Compliance with this Chapter and its provisions and regulations in the deposit bank shall be subject to supervision by the Financial Supervisory Authority.

Financial supervision shall, without delay, notify the Agency if it finds significant deficiencies in the compliance with the provisions of this chapter in the deposit bank.

Chapter 6

Fund's accounts and audit

ARTICLE 1
Fund's accounts and audit

The financial year of the Fund is the calendar year.

The Agency shall draw up separate accounts for the operation of the Fund. The resolution fund and the Deposit Guarantee Fund shall be presented separately in the financial statements.

Each year, the Ministry of Finance makes the management, the economy and the accounts of the Fund audit two auditors, each of which must be either certified by the Central Chamber of Commerce or auditors or auditors of the public administration and economy.

The auditors shall audit the management, accounting and financial statements of the Fund. An audit report shall be issued by auditors for each financial year, in particular:

(1) whether the financial statements have been prepared in accordance with the provisions and regulations governing the preparation of the financial statements;

(2) whether the accounts provide the correct and fair information on the performance and performance of the Fund and the financial position;

(3) whether the management and operation of the Fund have been managed in accordance with the relevant provisions and regulations;

4) establishing the financial statements;

(5) the handling of the result of the Fund as proposed by the Agency.

The auditors shall carry out an audit of the audited accounts referring to the audit report and the statement of whether the accounts have been prepared in accordance with good accounting standards. If an auditor in the course of the financial year identifies significant management and finances of the Fund, the Ministry of Finance shall be informed without delay. The Agency and the Fund shall be obliged to assist, where appropriate, the auditor in carrying out the audit.

ARTICLE 2
Establishment of the Fund's financial statements

The annual accounts of the Fund are fixed by the Ministry of Finance, which decides on the operations to which the Fund's annual accounts and the audit report, as well as other studies and evaluations of the Fund, from the fund's economy, activities and Performance is an issue. The Ministry of Finance shall decide on the adoption of the Fund's annual accounts no later than 30 April of the following year.

ARTICLE 3
Annual report of the Fund

In addition to the provisions of the State budget Article 21a (423/1988) Provides for the annual accounts, accounting and accounting operations of the non-governmental fund, the Fund's annual report shall contain separately the activities of the resolution fund and the Deposit Guarantee Fund. The annual report shall indicate the revenue and expenditure for the calendar year and the assets and liabilities at the end of the financial year.

§ 4
Inspection rights of the State Audit Office

The State Audit Office's right to inspect the Fund is governed by the law of the National Audit Office (676/2000) .

Chapter 7

Outstanding provisions

ARTICLE 1
Cooperation with the Ministry of Finance, the Bank of Finland and financial supervision and other authorities

The Agency shall cooperate with the Ministry of Finance, the Bank of Finland and the Financial Supervisory Authority in the planning and preparation of crisis resolution measures provided for in the resolution, and in the monitoring of decisions taken, as well as on deposit guarantee fees, The establishment of stability charges and EU stability charges.

The Agency shall also cooperate with the other national authorities and the resolution council.

ARTICLE 2
Right to information

The Agency shall, without prejudice to the confidentiality of the information provided for by the law on public authorities' activities, (18/09/1999) Or elsewhere in law, the right to receive without delay all information necessary for the performance of its duties from the Bank of Finland and from the financial supervision and from other authorities.

In addition, the Agency shall, notwithstanding the confidentiality of the information provided for by law or elsewhere in law, the right to obtain information from the Bank of Finland and the financial supervision of Finland, without delay, which may affect: Significant financial market stability or, otherwise, significant disruption to the functioning of the financial system.

ARTICLE 3
Obligation to provide information

In addition to the provisions of the law on public access to the public authorities, the Office shall, without prejudice to the secrecy provisions, immediately disclose information to the Ministry of Finance, to the Bank of Finland and to the Financial Supervisory Authority, Which, according to the Agency's assessment, may have a significant impact on the stability of financial markets or on the development of the financial markets, or cause significant disturbances in the functioning of the financial system, or affect the credit institution The continuity of the investment firm's activities.

In addition to the provisions of the law on public access to public authorities, the Office shall, without prejudice to the secrecy provisions of the Office, immediately disclose to the authorities other than those referred to in paragraph 1 the information necessary to: In order to carry out the statutory tasks, subject to this or other law.

§ 4
The obligation of a legal person acting on the financial market to provide information

Without prejudice to any undue delay, without undue delay, the legal person acting on the financial market and the natural person employed in the service shall, without undue delay, provide the Agency with the information and explanations necessary for it: To the Agency for the purpose of carrying out the task provided for by law or resolution.

§ 5
Periodic penalty payment

If a legal person or a natural person employed in the service of the financial market fails to comply with an order or prohibition issued by the Agency under this Act or Resolution, the Office may, by decision, oblige A legal person acting in the financial market to fulfil its obligations if the default is not limited. The Agency may impose a penalty payment on its decision.

ARTICLE 6
Appeals appeal

The Agency's decision under this law may appeal against the decision of the Helsinki Administrative Court.

The Agency shall have the right to appeal against the decision of the Helsinki Administrative Court, which has amended or annulled the decision of the Office. In other respects, the appeal is governed by the law on administrative law (18/06/1996) .

The Agency's decision shall be followed in spite of the appeal, unless otherwise specified by the appeal authority or otherwise provided for by law.

§ 7
Implementation of the penalty payment

The penalty payment on the basis of this law, together with interest, is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) .

§ 8
Interest and recovery rate of the guarantee fee and the deposit guarantee fee

If the stability fee or the deposit guarantee fee is delayed, it shall be paid Article 4 of the Corinth Act The interest on late payment in accordance with paragraph 1.

On the basis of this law, the stability fee or the deposit guarantee fee, together with interest, may be collected without a judgment or decision in the order laid down in the law on the execution of taxes and charges.

§ 9
Rikepayment

In addition to the provisions laid down in Article 38 (1) of the Financial Supervision Act, the provisions of Article 1 of Chapter 4 of this Act, the provisions of Article 1 of Chapter 4 of this Act, constitute a provision of the EU stability fee The obligation to pay the national stability fee and the provision of Section 4 of Chapter 5 on the obligation to pay the deposit guarantee fee.

ARTICLE 10
Establishment and implementation of administrative penalties

The imposition, publication, enforcement and handling of administrative penalties under market law are laid down in Chapter 4 of the Law on Financial supervision.

Chapter 8

Entry into force and transitional provisions

ARTICLE 1
Entry into force

This Act shall enter into force on 1 January 2015.

Before the entry into force of this Act, the Ministry of Finance may take the necessary measures to appoint the overhead of the Agency and the deputy and to organise the Agency's activities.

The Ministry of Finance shall carry out the tasks referred to in this Act to the Agency until such time as the Agency is operational, but not more than 1 January 2016.

ARTICLE 2
Transitional provisions

By way of derogation from Article 10 (1) of Chapter 5, the maximum payment period shall be:

1) 20 working days until 31 December 2018;

2) 15 working days from 1 January to 31 December 2019.

By way of derogation from paragraph 1, after the expiry of the period referred to in Article 10 (1) of Chapter 5 of Chapter 5, the depositary shall, by way of derogation from 1 January 2016, complete an amount of eur 1 000 or less than the depositor required, However, the maximum amount to be reimbursed to the depositor pursuant to Section 8 of Chapter 5 shall be replaced if the depositor requires it before the expiry of that period and presents a sufficient criterion for the personal financial position of the depositor.

The deposit bank shall make an annual deposit guarantee fee to the Agency, which shall be used to reduce the deposit guarantee fund to the minimum level set out in Chapter 5, Section 3. The annual payments shall be made on the last day of June each calendar year. The target level of the deposit protection fund shall be reached by 3 July 2024.

The Agency shall ensure that, by 31 December 2015 at the latest by 31 December 2015, the commitments relating to the tasks of the Deposit Guarantee Fund and the transferred assets are duly transferred to the Agency and the Fund, as is the case with the The law on credit institutions is provided for.

At the time of entry into force of this Act, the working relationship of the Deposit Insurance Ombudsman will change.

The contribution of the stability fee, referred to in Chapter 4, of the annual fee shall be calculated in 2015 as a proportion of the total amount of its liabilities, excluding its own funds and deposit liabilities in proportion to all Finnish credit institutions. The total amount of the liabilities, with the exception of their own funds and the amount of deposits to be reimbursed. In the course of 2015, the payment obligor shall carry out an amount equal to 0,1 % of the total amount of all deposit liabilities of the Finnish credit institutions. By way of derogation from Chapter 4, Article 1 and Article 5 (1), the credit institution and investment firm shall complete the stability fee and the EU stability fee by 31 December 2015 at the latest.

Article 8 of Chapter 4 also applies to the payment obligation in 2015.

Depending on what is decided in the State budget for 2015, funds may be transferred to the Financial Stability Fund (efsf), as a contribution to the EU Common Resolution Fund, as specified by the Ministry of Finance.

In determining the stability fees referred to in Chapter 4, the Agency shall take into account the (186/2012) , the amount of the bank tax transferred to the Financial Stability Fund, which was collected during its period of validity, in such a way as to reduce the financial stability fee from the year 2015. The bank tax shall be included in the benefit of taxable persons from the year 2015, including the determination of the stability fee, in the same proportion as they have been subject to bank tax as long as the funds are sufficient.

THEY 175/2014 , TaVM 20/2014, EV 191/2014, Directive 2014 /49/EU of the European Parliament and of the Council (32014L0049); OJ L 173, 12.6.2014, p. Directive 2014 /59/EU of the European Parliament and of the Council (32014L0059); OJ L 173, 12.6.2014, p. 190

Procedure for the calculation of the deposit guarantee

STAGE 1

Definitions of individual indicators of risk

The individual risk indicators shall be determined as follows:

Risk factor Mittari Definition
Capital Self-sufficiency level Priority own resources
Total number of funds
Definition of the solvency requirements of credit institutions and investment firms and Regulation (EU) No 575/2013 of the European Parliament and of the Council amending Regulation (EU) No 648/2012 (hereinafter referred to as ' the The EU Solvency Regulation, Article 429 and Regulation (EU) No 575/2013 of the European Parliament and of the Council amending Regulation (EU) No 575/2013 as regards the leverage ratio in accordance with Commission Delegated Regulation (EU) 2015/62.
Capital Level of solvency Own resources
Required own resources
The own resources required also include the requirements set out in Article 10 of Chapter 11 of the Law on the Financial Control Act.
Liquidity and fundraising Number of permanent fundraising Permanent financial resources shall mean the acquisition of funds within the meaning of Article 413 of the EU Solvency Regulation.
Liquidity and fundraising Payment readiness For the purposes of Article 412 of the EU Solvency Regulation and the Commission Delegated Regulation (EU) 2015/61 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council as regards the liquidity requirements of credit institutions Of the European Union.
Funds quality Share of unorganised receivables Non-performing assets
Total number of credit and debt instruments
Business model and management Risk-weighted balance sheet items and off-balance-sheet commitments in relation to the pooled assets Risk-weighted balance sheet items and off-balance sheet commitments
Total number of funds
In accordance with the EU Solvency Regulation.
Possible losses to the Deposit Guarantee Fund Funds not being used as collateral Total number of funds-eligible assets
Remunted deposits

STEP 2

Allocation of individual risks to risk categories and values obtained by classes

The findings of each deposit bank reporting individual risk indicators shall be divided into five categories in such a way that the risk category 1 includes the fifth of the findings, which receive the smallest value from the findings of all deposit banks. The risk category 2 includes the fifth of the observations, which will now receive the lowest values and will continue until the risk category 5 is one fifth of the observations of the individual risk indicators, which receive the highest values.

If the number of deposit banks cannot be divided equally by the number of categories, a single observation shall be added from the lowest grade in each of the risk categories.

The following preliminary values for each risk category include:

Risk category Risk value, X K
1 0
2 25
3 50
4 75
5 100

STEP 3

The weighting of the individual risk indicators and the calculation of the total risks for each deposit bank

The weighting of each individual risk measure shall be weighted and its inclination to calculate the total risk indicator shall be determined as follows:

Single-risk indicator, K Gravity, A K Front sign
Self-sufficiency level 0.13 -
Level of solvency 0.13 -
Number of permanent fundraising 0.13 -
Payment readiness 0.13 -
Share of unorganised receivables 0.20 +
Risk-weighted balance sheet items and off-balance-sheet commitments in relation to the pooled assets 0.09 +
Funds not being used as collateral 0.19 -

The final value shall be determined by the final value of the individual risk-pictograms of the individual risks with a negative sign:
Image

Measurement of the overall risk of each deposit bank RI I Is obtained by adding the final values of the individual risk indicators of each deposit bank, which have been multipled by the weight of each individual risk indicator; A K :
Image

Where N Is the number of measurements of individual risks.

STEP 4

Risk weighting in the deposit guarantee schemes and the imposition of charges

In order to ensure that risks are weighed up in the deposit guarantee premium, the maximum risk may be increased to 1,5 times or reduced by a fee of 0.75 times the amount of the deposit to be paid, the risks of each deposit bank Shall be scalable as follows:
Image

The deposit guarantee fee for each deposit bank is determined as follows:
Image

Where KT I Is the contribution of each deposit bank to the deposits to be reimbursed, and TT Is the target level for each year for the aggregated deposit guarantee payments. A µ o adjustment meter, which is the same for each deposit bank in each year. The µ g so that the combined deposit guarantee payments will reach the target level calculated for each year.

Entry into force and application of amending acts:

26.6.2015/8:

This Act shall enter into force on 1 July 2015.

THEY 1/2015 , TaVM 1/2015, EV 3/2015, Directive 2014 /49/EU of the European Parliament and of the Council (32014L0049); OJ L 173, 12.6.2014, p. 149

23.10.2015/12:

This Act shall enter into force on 26 November 2015.

THEY 11/2015 , TaVM 4/2015, EV 9/2015