Deposit Guarantee Scheme Directive EU 2014/49/EU
A new EU Directive on Deposit Guarantee Schemes (2014/49/EU) has been transposed into Irish law. The EU Directive is aimed at harmonisation and simplification of protected deposits, a faster pay-out and improved financing of DGS schemes. In addition, new depositor information requirements have been introduced in order to ensure that depositors are aware of the key aspects of protection of their deposits by the DGS.
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Key Areas of the Directive for Depositors
Below is a summary of the main changes arising from the Directive
- The updated definition of a deposit may impact on the eligibility of some structured deposits/tracker bonds. The deposit element of a structured deposit is covered by the Deposit Guarantee Scheme (DGS) if the deposit is repayable at par.
- The previous DGS exclusion for medium and large sized companies has been removed
- The previous DGS exclusion for ‘Connected Person’ (depositors related to senior management of credit institutions) has been removed
Temporary High Balances
The directive allows for coverage of certain deposits known as ‘temporary high balances’. This feature allows for the payment of compensation in excess of €100,000 in the case of qualifying deposits. For a deposit to qualify as a temporary high balance it must stem from at least one of the following:
- deposits resulting from real estate transactions relating to private residential properties
- deposits that serve social purposes laid down in national law and are linked to particular life events of a depositor such as marriage, civil partnership, divorce, retirement, dismissal, redundancy invalidity or death
- deposits that serve purposes laid down in national law and are based on the payment of insurance benefits or compensation for criminal injuries or wrongful conviction
Qualifying deposits are protected up to a limit of €1 million (although unlimited cover is provided for claims relating to personal injury) for a period of 6 months after the deposits have been credited to an account or from the moment when such deposits become legally transferable.
Payment Compensation Deadlines
The Directive reduces the deadline for the payment of compensation from 20 working days to 7 working days over a phased basis.
The new directive sets out a requirement for credit institutions to provide depositors with a ‘Depositor Information Sheet’ when opening an account and on an annual basis thereafter.
The new directive also sets out a requirement for credit institutions to confirm whether a deposit is eligible under the DGS eligibility status on account statements.
For additonal information visit www.depositguarantee.ie