Instruction No. 2015-I-26 of December 7, 2015, amending Instruction No. 2009-04 of June 19, 2009, regarding complementary discounts for calculating contributions due by institutions subject to deposit, securities, and guarantee schemes

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2015-I-26 of December 7, 2015 amending Instruction No. 2009-04 of June 19, 2009 regarding complementary discounts for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes

The Prudential Control Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 312-4-1 and L. 312-16; Having regard to the Order of the Ministry of Finance and Public Accounts of October 27, 2015, taken for the application of point 6° of Article L. 312-16 of the Monetary and Financial Code; Having regard to the Order of the Ministry of Finance and Public Accounts of October 27, 2015, relating to the implementation of the deposit guarantee, the compensation ceiling, and the application procedures for Article L. 312-4-1 of the Monetary and Financial Code; Having regard to Instruction No. 2010-I-09 amending Instruction No. 2009-04 of June 19, 2009, regarding complementary discounts for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes; Having regard to Instruction No. 2009-04 of the Banking Commission of June 19, 2009, regarding complementary discounts for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes; Having regard to Instruction No. 2009-01 of the Banking Commission of June 19, 2009, relating to the establishment of the unified financial reporting system; Decides:

Article 1 The title of the aforementioned Instruction No. 2009-04 is amended as follows:

"Instruction No. 2009-04 of June 19, 2009, regarding complementary discounts for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes and to the resolution mechanism."

Article 2 The second paragraph of Article 2 of the aforementioned Instruction No. 2009-04 is amended as follows: references to the Regulation of the Banking and Financial Regulation Committee No. 99-05 and the following text are removed and replaced by the reference to the Order of the Ministry of Finance and Public Accounts of October 27, 2015, taken for the application of point 6° of Article L. 312-16 of the Monetary and Financial Code.

Thus, the second paragraph of Article 2 of the aforementioned Instruction No. 2009-04 is replaced by the following paragraph, drafted as follows:

"Credit institutions subject to the deposit guarantee shall also submit a SYS_GAR10 table presented in Annex 10 to this instruction, relating to the declaration, in euros, of the amount of eligible deposits and covered deposits quarterly for each year within the meaning of Article 2 of the Order of October 27, 2015, relating to the implementation of the deposit guarantee, the compensation ceiling, and the application procedures for Article L. 312-4-1 of the Monetary and Financial Code, and Article 3 of the Order of October 27, 2015, taken for the application of point 6° of Article L. 312-16 of the Monetary and Financial Code."

Article 3 The second paragraph of Article 20 of the aforementioned Instruction No. 2009-04 is replaced by the following paragraph, drafted as follows:

"Except for the SYS-GAR10 table relating to the quarterly declaration of the amount of eligible deposits and covered deposits, which must be submitted quarterly based on figures as of March 31, June 30, September 30, and December 31, and sent to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission within twenty days following the date of the figures, the tables are submitted annually based on figures as of December 31 and sent to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission within three months following the date of the figures."

Article 4 Article 22 is added to the aforementioned Instruction No. 2009-04, formulated as follows:

"Transitional provisions for the 12/2015 figures: For SYS-GAR10 declarations for the year 2015, the SYS_GAR10 tables are submitted based on figures as of July 31, 2015, and December 31, 2015, and must be sent to the General Secretariat of the Prudential Control and Resolution Authority by electronic transmission within twenty days following the date of the figures as of December 31, 2015."

Article 5 This instruction enters into force on the day of its publication.

Paris, December 7, 2015

The President of the Prudential Control Authority and Resolution [Robert OPHÈLE]