(1) Cash, and deposits and low-risk debt instruments that can be liquidated within the period named in section 14(3), are to be taken into account as available financial means within the meaning of this Act. Low-risk debt instruments are instruments falling under the first or second of the categories named in Table 1 of Article 336 of Regulation (EU) No 575/2013, and any instruments that BaFin, on application by a deposit guarantee scheme, determines to be regarded as similarly safe and liquid.
(2) By way of derogation from subsection (1), payment commitments of a CRR credit institution towards a deposit guarantee scheme may also be taken into account as available financial means, where 1. those payment commitments are fully collateralised, and 2. the collateral for those payment commitments a) is available to the deposit guarantee scheme, b) consists of low-risk debt instruments, and c) is not encumbered with third-party rights.
(3) The aggregate share of payment commitments under subsection (2) in the available financial means is limited, for the purposes of recognition of the target level, to at most 30 per cent of the available financial means of the deposit guarantee scheme concerned.
(4) The available financial means must be invested in a low-risk and sufficiently diversified manner. They are to be invested in such a way as to ensure the greatest possible safety and sufficient liquidity of the investments with an appropriate return. The proceeds from investment of the available financial means may be used to cover the administrative costs and other costs of deposit guarantee schemes.
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Part 3 · Deposit Guarantee Schemes › Chapter 1 · Financing and Target Level of Deposit Guarantee Schemes and Use of Their Funds › Section 18
Available financial means
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