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Arrested March 13, 2014, Amending Regulation No. 99 - 05 Of 9 July 1999 Relating To The Guarantee Of Deposits Or Other Repayable Funds Received By Credit Institutions Having Their Head Offices In France And In The Principality...

Original Language Title: Arrêté du 13 mars 2014 modifiant le règlement n° 99-05 du 9 juillet 1999 relatif à la garantie des dépôts ou autres fonds remboursables reçus par les établissements de crédit ayant leur siège social en France ainsi que dans la Principauté...

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JORF no.0067 of 20 March 2014 page 5563
text No. 8



Order of 13 March 2014 amending Regulation No. 99-05 of 9 July 1999 concerning the guarantee of deposits or other reimbursable funds received by credit institutions with their head office in France and in the Principality of Monaco

NOR: EFIT1403328A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/3/13/EFIT1403328A/jo/texte


Minister of Economy and Finance,
Vu le monetary and financial codeincluding article L. 312-16;
Having regard to Regulation No. 99-05 of 9 July 1999 on the guarantee of deposits or other reimbursable funds received by credit institutions with their headquarters in France and in the Principality of Monaco;
Having regard to the Advisory Committee on Financial Legislation and Regulations dated 22 January 2014,
Stop it!

Article 1


Section 3 of Regulation No. 99-05 of 9 July 1999 referred to above is amended as follows:
1° At the f of 1°, the words: ", as well as any applicant having the same qualities in other companies of the group" are deleted and the words: " shareholders and all" are inserted before the word: "holders";
2° The h of the 1st is deleted;
3° The i of the 1st becomes the h;
4° The f of the 4th is thus written:
“(f) Foreign currency deposits other than those of the European Union and that the PSC franc, the Icelandic crown and the Norwegian crown. »

Article 2


After section 5 of the Regulations, an article 5 bis is inserted as follows:
"Art. 5 bis. - For the calculation of the ceiling referred to in 5-I of Article 5, it shall be:
- to deduct deferred debits related to a payment card attached to an account entering the security field, and that would not have been charged to that account at the date of finding the unavailability of deposits;
―to impute debtor agios to an account entering the security field, arrested on the date of finding the unavailability of the deposits, and due by the depositor; and
- to credit interest, dividends and other incomes contractually due to the depositor on account and deposits within the scope of the guarantee, a net amount of tax and social levies in accordance with applicable laws and regulations and contractual provisions. »

Article 3


Section 8 of the Regulations is replaced by the following provisions:
“Art. 8. - 8-I. ― The credit institution concerned shall forward to the Deposit and Resolution Guarantee Fund all relevant information and documents as soon as possible and no later than five working days from the date on which the Supervisory and Resolution Authority makes the observation referred to in Article 7. The transmission is signed by a manager responsible for the establishment, or, where appropriate, by the provisional administrator or liquidator appointed by the prudential and resolution control authority. The content and modalities of the transmission are determined by the Deposit and Resolution Guarantee Fund.
8-II. ― Based on this information and documents, the Depository and Resolution Guarantee Fund verifies the claims of depositors relating to unavailable deposits and initiates compensation for claims admitted by it under the warranty within twenty working days from the date of its referral by the prudential and resolution authority. Where circumstances so require, the Deposit and Resolution Guarantee Fund may request the Prudential Control and Resolution Authority to extend this period, which may not exceed ten working days.
8-III. ― The Deposit and Resolution Guarantee Fund shall notify the depositors of the credit institution concerned, by registered letter with a request for notice of receipt or by any other means giving a certain date on receipt.
This decision states:
- the nature and amount of their claims admitted by him under the guarantee;
the amount of the allowance paid to them;
- the amount exceeding the ceiling of the guarantee;
the nature and amount of their claims excluded from the scope of the guarantee;
- the terms and procedure for filing their claims with the representative of the creditors or liquidator appointed by the Commercial Court.
It includes the regulations or mentions the terms and conditions for payment of compensation.
8-IV. ― Any challenge to the decision of the Deposit and Resolution Guarantee Fund before the administrative court is preceded by a graceful appeal before it within two months. This graceful appeal interrupts the period of litigation that begins to run from the new decision of the fund.
8-V. ― The period referred to in 8-II of this article cannot be invoked by the Deposit and Resolution Guarantee Fund to refuse the benefit of the guarantee to a depositor. »

Article 4 Learn more about this article...


After section 8 of the Regulations, an article 8 bis is inserted as follows:
"Art. 8 bis. - In order to prepare and carry out the mandated mission, the Deposit and Resolution Guarantee Fund shall determine the content and format of the information to be transmitted by the adhering institutions and the modalities of their transmission. It prepares and disseminates the relevant procedures, and conducts regular tests.
The information transmitted to the Deposit and Resolution Guarantee Fund is signed by the institutional leaders within the meaning of theArticle L. 511-13 of the Monetary and Financial Code or, where applicable, by one of the permanent agents designated by a director and having a jurisdiction and position in the establishment allowing them to engage in the quality of the information they transmit. Delegates must justify their delegation to the fund. »

Article 5


In Article 9 of the Regulations, the fourth paragraph of 9-I and the fourth paragraph of 9-II shall be deleted.

Article 6


In section 11 of the Regulations, it is added a paragraph to read as follows:
"After transmitting to the Deposit and Resolution Guarantee Fund the information and documents referred to in 8-I of Article 8 and upon confirmation of their support for the implementation of the guarantee mechanism, the credit institution shall address to all its depositors the records of their accounts agreed on the same basis and in the same manner as the information provided to the Deposit and Resolution Guarantee Fund. »

Article 7


The present order will be issued in the Official Journal of the French Republic.


Done on March 13, 2014.


Pierre Moscovici


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