Key Benefits:
College in Plenary,
Seen monetary and financial code, including articles L. 312-4 To L. 312-16;
In view of the Order of 27 October 2015 on the financial resources of the Deposits and Resolution Guarantee Fund (hereinafter " FGDR ") ;
Due to the written consultation procedure of 10 November 2015;
Considering thatArticle L. 312-7 of the Monetary Code And financier states: " I.-The members of the FGDR shall provide him with the financial resources necessary for the performance of his tasks referred to in Article L. 312-4, both for the mechanisms for which he is responsible and for his operation. These contributions are annual. If necessary, the FGDR may also raise outstanding contributions. Contributions shall be due by the members of the approved fund or carrying on business on 1 January of the year in respect of which the contributions are called." ;
Considering thatArticle L. 312-8-1 of the Monetary and Financial Code states: " The ACPR shall decide on the calculation of contributions to the deposit guarantee scheme. These contributions are based on the guaranteed deposits of each member. This attitude takes into account the risk profile of the different members. The authority shall also lay down the conditions for the possible return of such contributions in the event of a change in their base defined above. The authority shall also determine the minimum amount payable by each member." ;
Considering that, by letter dated 5 October 2015, the Secretary-General of the ACPR has submitted to the FGDR for an opinion on the proposed modalities for calculating contributions to the deposit guarantee for 2015 in accordance with provisions of the third paragraph of I of Article L. 312-10 of the Monetary and Financial Code ;
Considering that, by Mail dated October 8, 2015, the FGDR informed the ACPR Secretary General that The FGDR supervisory board has issued a favourable opinion on the calculation methods envisaged,
Decides:
The ordinary contribution of each member for the year 2015 is equal to the product between, on the one hand, the total amount of contributions fixed by the FGDR in Application of the third paragraph of Article L. 312-10 of the Monetary and Financial Code , and on the other hand the net share of Risk assigned to each member for this term.
No contribution may be less than 4 000 Euro.
The overall amount to be allocated is equal to the total amount fixed by the FGDR in application of third paragraph of I of Article L. 312-10 of the Monetary and Financial Code decreased total contributions due by Members whose deposit base is nil.
The contribution base of each member is equal to the amount of the deposits Guaranteed, after deduction of the central share of the funds The
share of the risk of a member is equal to the ratio of its net risk amount to the sum of the net risk amounts of all members including the deposit base.
The net risk amount of each participant is equal to its contribution base weighted by the financial position indicators calculated in accordance with the methodology set out in the appendix to this decision.
The contribution to the operating costs of the FGDR shall be allocated on the same terms as those set out in Articles 1 and 2.
When a Accession has taken up another adherent or has acquired the activity of another member, giving rise to a withdrawal of approval without the disposing company being dissolved between the date of the information necessary for the calculation of the Contribution and the date on which the contribution is due, it must pay the contribution due by the institution absorbed or by the one whose entire activity justifying the accession to the guarantee fund has been transferred, unless the base of the Deposits of the latter is null.
Members radiated under Article L. 312-5-I of the monetary and financial code are exempt from contributions.
This decision shall be published in the Official Journal of the French Republic.
APPENDIX
CALCULATION OF FINANCIAL STATEMENTS
For calculation of net amount Of risk, the contribution base is weighted, between Limits of 0.75 and 1.25, by a linear transformation of the synthetic risk indicator provided for in point 1 of this annex.
1. Financial situation indicators, calculation of net risk amount
It is calculated for any credit institution whose base of deposits is not zero at the cut-off date used as the basis for calculating a contribution. Synthetic risk indicator, which is the arithmetic mean of the following notes:
-a credit note;
-a risk division note;
-an operating profitability note;
-when it is to be calculated, a transformation note.
The rating scale is set to 1 to 3, in the sense of decreasing quality. Where, by reason of delays or shortcomings in the furnishing by the acceding institutions of the information necessary for the calculation of the notes, one or more of these notes could not be calculated, it shall be assigned ex officio a note of 3 for each of the Notes concerned, unless the establishment justifies reasons of force majeure which prevented a regular provision of the necessary information. In this case, the Prudential and Resolution Control Authority reports the average of the last three previous notes for the relevant note (s).
1.1. Note on creditworthiness
Note 1 is assigned to establishments whose basic own funds, from which they are deducted, for the part which exceeds the additional own funds, the holdings and subordinated claims, Are at least equal to 112.5 % of the overall capital requirement.
Note 2 is allocated to institutions whose basic own funds, from which they are deducted, for the part which exceeds the complementary own funds, the holdings and Subordinated debt is at least 75 % of the total requirement of
Note 3 is assigned to all other institutions.
When a credit institution is subject exclusively to compliance with the solvency ratio on a consolidated basis, the score is calculated for all institutions Included in the consolidation scope, on the own funds and the risks established on a consolidated basis. When an establishment is also subject to compliance with these regulations on an individual or sub-consolidated basis, the note is calculated on an individual or sub-consolidated basis.
1.2. Note on risk division
Note 1 is allocated to establishments whose sum of the ten greatest risks not eligible for refinancing by the European System of Central Banks is less than 30 % of the capital Of which are deducted, for the part which exceeds the additional own funds, the holdings and subordinated claims.
Note 2 is attributed to the other establishments, including the sum of the ten greatest risks not eligible for the Refinancing by the European System of Central Banks is less than 60 % Basic own funds, from which are deducted, for the part that exceeds the additional equity, holdings and subordinated claims.
Note 3 is allocated to all other institutions
10 greatest risks independently of the proportions relative to own funds.
When a credit institution is subject exclusively to respect for large risks on a consolidated basis, the note is calculated for all establishments Included in the consolidation scope, on the capital and the Risks established on a consolidated basis. When an establishment is also subject to compliance with these regulations on an individual or sub-consolidated basis, the note is calculated on an individual or sub-consolidated basis.
1.3. Note on Operating Profitability
Note 1 is assigned to establishments with an operating ratio of less than 65 %.
Note 1.5 is allocated to establishments with an operating coefficient. Less than 70 %.
Note 2 is assigned to other establishments with an operating coefficient of less than 75 %.
Note 2.5 is allocated to establishments with an operating factor of 75 % or more. Less than 85 %.
Note 3 is assigned to all other institutions.
The Operating ratio is the ratio between, on the one hand, the sum of the general expenses, the amortisation and net endowments to the provisions on tangible and intangible fixed assets, on the other hand, the sum of the products Bank operations, ancillary products and miscellaneous products that are netted against bank operating expenses, interest on doubtful accounts and miscellaneous expenses. General expenses shall include staff costs, taxes and external services recorded in the profit and loss account.
The sum of the following items shall be included in the denominator: Provisions for depreciation of investment securities, ancillary products and reinvoiced charges and the share on non-bank operations made in common. Included are bank operating expenses, allowances for depreciation of investment securities, interest on doubtful accounts, and retroceded products. Quotas on non-bank joint operations and institutional head office fees are added to the products, and the assessed contributions to other participants are deducted.
Expenses Recharged due to the items returned to the numerator are deducted from the numerator and the denominator of the operating factor.
1.4. Transformation Note
The transformation note is calculated for establishments whose assets and liabilities in the calculation of this indicator represent at least 20 % of the sum of the assets The
indicator is the ratio between, to the numerator, the transformation effected, and, to the denominator, the equity. The transformation is the difference between the amount of a portion of the assets to more than one year of residual maturity, increased bad debts and other locked-in values, and a portion of the signed commitments, on the one hand, And, on the other hand, the amount of resources for more than one year of residual maturity, increased by a portion of the accounts payable and the amount of equity.
As assets over one year of residual maturity are included: The accounts and loans at maturity of the institutions, financial accounts and loans, financial loans, and values received in pension, loans of an initial duration exceeding one year, the financial outstanding of operations of Leasing and assimilating and operations of " Financial leasing, as well as subordinated loans.
As resources for more than one year term are included: The accounts and borrowings of the institutions, the accounts and borrowings of the financial clientele, the values and securities given in pension, the debt of securities, the housing savings plans and the savings deposits in the Deferred credit societies, popular savings plans, term accounts payable and cash and savings bills, earmarked public funds, net latent reserve and subordinated debt.
Part of commitments by signature Retained is 50 % for client funding commitments, and 5 % for the guarantee commitments given on a customer basis and 20 % of the financing commitments given to other credit institutions.
The part of the accounts payable to be held is equal to 70 % of the items Following: Ordinary accounts, available factoring accounts, and special-plan savings accounts, other than public savings plans and savings booklets, booklets A, housing savings plans, and savings deposits in companies Deferred credit.
Note 1 is allocated to establishments whose average processing indicator on the basis of the data for the last three maturities is less than or equal to 100 %.
Note 2 is allocated to establishments Mean transformation indicator stopped on the basis of data from the The last three deadlines is greater than 100 % but not more than 200 %.
Note 3 is assigned to the other establishments for which this note is calculated.
2. Central organ-affiliated institutions
For institutions affiliated with a central organ, it is first calculated a global subscription for the network. For the purposes of calculating this contribution, all the affiliated institutions shall be regarded as a single establishment to which the provisions of this Annex apply with the following adaptations:
-the deposit base is the sum of the plates of the affiliated institutions;
-the gross risk indicator is the sum of the gross indicators of the affiliated institutions;
-the synthetic risk indicator is the average The arithmetic of the overall network notes calculated for each of the elements provided for in point 2 of this annex;
-the overall network note is calculated for each of the elements used in the calculation of the notes provided for in point 1 of the Annex, by considering all members of the network as defined in the Articles L 511-30 and L. 511-31 of the monetary and financial code as a single entity, by making the sum of their individual data, after the necessary reprocessing to make them homogeneous and to eliminate reciprocal transactions;
-for the note relating to the Division of risks, the ten greatest risks not eligible for refinancing of the European system of central banks of the network do not include commitments on unaffiliated subsidiaries which would be consolidated under the major risks; The central body must ensure that all ten largest Risks thus determined by all the institutions affiliated to the network is well declared to the Supervisory Authority and Resolution;
-for the calculation of the transformation indicator, it is used the numerator from the Calculation of the overall credit rating of the network;
-for establishments affiliated with a central body whose fund-raising activity is wholly or partly carried out on behalf of the central organ, the base of deposits Shall be increased by advances received from the central body in representation of the deposits Collected for his account. The deposit base of the central organ shall be reduced by its side of the total amount of these advances;
-for the determination of the aggregate global risk indicator of the network, credit ratings and risk division notes May be calculated on a consolidated basis in accordance with the arrangements laid down in points 1.1 and 1.2 of this Annex, the consolidating entity being the single entity defined in the fourth indent. The central body shall notify the prudential and resolution control authority of that choice, which then applies indistinctly to the two aforementioned notes, at the latest by the order of the accounts serving as the basis for calculating the next due date.
Overall network contribution shall then be allocated among the affiliated institutions in proportion to its contribution to the overall risk of the network, defined as the quotient between its net risk amount and the sum of the net risk amounts of All affiliated institutions
Done In Paris, November 10, 2015.
The President,
F. Villeroy of Galhau
