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

S.L. 371.9 Art. 9Eligibility of deposits.

PART III

In KraftAmtlicher Text

(1) A deposit is an eligible deposit only if it is held with a member:

(a) in Malta; or

(b) in that member’s branch which is located in another Member State.

(2) The following are not eligible deposits:

(a) subject to regulation 12(5), deposits made by other credit institutions on their own behalf and for their own account;

(b) own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013;

(c) deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering as defined in Article 1(2) of Directive 2005/60/EC;

(d) deposits by financial institutions as defined in point

(26) of Article 4(1) of Regulation (EU) No 575/2013;

(e) deposits by investment firms as defined in point (1) of Article 4(1) of Directive 2004/39/EC;

(f) deposits the holder of which has never been identified pursuant to Article 9(1) of Directive 2005/60/EC, when they have become unavailable;

(g) deposits by insurance undertakings and by reinsurance undertakings as referred to in Article 13(1) to (6) of Directive 2009/138/EC;

(h) deposits by collective investment undertakings;

(i) deposits by pension and retirement funds;

(j) deposits by public authorities;

(k) debt securities issued by a credit institution and liabilities arising out of own acceptances and promissory notes;

(l) deposits held with a member in a branch of that member which is located in a non-Member State;

(m) electronic money and funds received in exchange for electronic money in accordance with Directive 2009/110/ EC of the European Parliament and of the Council on the taking up, pursuit and prudential supervision of the business of electronic money institution.

Änderungsgeschichte
  • Amended by L.N. 43 of 2019