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S.L. 371.9 · Depositor Compensation Scheme (S.L. 371.9)

S.L. 371.9 Art. 22Obligation to provide information to the Scheme.

PART IV

In KraftAmtlicher Text

(1) In addition to the requirements pursuant to regulations

20 and 21, members shall ensure that they have electronic information systems in place to the satisfaction of the Scheme to be able to provide to the Scheme, at any time and upon its request, all information relevant for the achievement of the Scheme’s objective and functions or for the proper administration of the Scheme, including the repayment of depositors and testing purposes.

(2) The Scheme may require members, either directly or through the competent authority, to prepare and provide the information referred to in sub-regulation (1), within a period of time as may be established by the Scheme. The request may be addressed to the member or to any of its directors or officials who are in possession of such information.

(3) A member shall by notice to the Scheme by the end of January of each year provide a statement of its total covered deposits (excluding temporary high balances), at the end of the preceding financial year for the purpose of determining the member’s contribution for the relevant financial year.

(4) If a member does not give notice of the statement referred to in the preceding paragraph by the date on which it is due in accordance with any prescribed requirements:

(a) the member shall pay an administrative fee of five hundred euro (€500) to the Scheme; and

(b) the member’s contribution will be calculated using (where relevant) the statement of the member’s total covered deposits (excluding temporary high balances) applicable to the previous period, multiplied by the factor of 1.20 or on any other reasonable basis, making such adjustments as seem appropriate in subsequent levies once the member provides a correct statement as required by these regulations.

(5) If a member does not comply with the obligations incumbent on it as a member of the Scheme, including those pursuant to regulations 20, 21 and this regulation, the competent authority shall be notified immediately and, in cooperation with the Scheme, shall promptly take all appropriate measures to ensure that the member complies with its obligations.

(6) If the measures taken under these regulations fail to secure compliance on the part of the member, the Scheme may, subject to the express consent of the competent authority, give not less than one month’s notice of its intention to exclude the member from membership of the Scheme. Deposits made before the expiry of that notice period shall continue to be fully covered by the Scheme. If, on expiry of that notice period, the member has not complied with its obligations, the Scheme shall exclude it from membership.

(7) Deposits held on the date on which a member is excluded from membership of the Scheme shall continue to be covered by the Scheme.