2010-12-13

Instruction No. 2010-I-09 of December 13, 2010 amending Instruction No. 2009-04 of June 19, 2009 regarding supplementary submissions for calculating contributions due by institutions subject to deposit, securities, and guarantee schemes

The Prudential Control Authority issued Instruction No. 2010-I-09 to amend the reporting requirements for institutions subject to deposit guarantee systems. The amendment mandates the submission of the SYS_GAR10 table, detailing eligible and covered deposits in euros, to calculate contributions due under the relevant guarantee funds. For the December 31, 2010 deadline, institutions are required to provide this data via an authenticated paper form supplemented by electronic Excel files.

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PRUDENTIAL CONTROL AUTHORITY Instruction No. 2010-I-09 amending Instruction No. 2009-04 of June 19, 2009 regarding supplementary submissions 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. 612-1 II-2 and L. 612-24; Having regard to the Order of the Ministry of the Economy, Industry and Employment of September 29, 2010, relating to the guarantee level and reimbursement period of the Deposit Guarantee Fund; Having regard to Regulation No. 99-05, as amended, of the Banking and Financial Regulations Committee of July 9, 1999, relating to the guarantee of deposits or other refundable funds received by credit institutions having their registered office in France as well as in the Principality of Monaco; Having regard to Regulation No. 99-06, as amended, of the Banking and Financial Regulations Committee of July 9, 1999, relating to the resources and operation of the deposit guarantee fund; Having regard to Regulation No. 99-07, as amended, of the Banking and Financial Regulations Committee of July 9, 1999, relating to the guarantee of deposits and other refundable funds received by branches of credit institutions; Having regard to the Banking Commission Instruction No. 2009-04 of June 19, 2009, regarding supplementary submissions for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes; Having regard to the Banking Commission Instruction No. 2009-01 of June 19, 2009, regarding the implementation of the unified financial reporting system; Decides:

Article 1 Article 2 of the aforementioned Instruction No. 2009-04 is supplemented by a second paragraph, drafted as follows:

"Credit institutions subject to 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 as of December 31 of each year, within the meaning of Articles 2, 3, and 5 of Regulation No. 99-05 of the Banking and Financial Regulations Committee. The distinctions made in Article 6 of said Regulation apply for the calculation of eligible deposits."

The SYS_GAR10 table is presented in the annex to this instruction.

Instruction No. 2010-I-09 amending Instruction No. 2009-04 of June 19, 2009 regarding supplementary submissions for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes Prudential Control Authority 2

Article 2 By way of exception to the provisions of Article 20 of the aforementioned Instruction No. 2009-04, institutions subject to: – complete the SYS_GAR10 table in euros and in euro equivalent for operations declared in another currency; – declare for the December 31, 2010 deadline the information appearing on the SYS_GAR10 table on a paper medium authenticated by an authorized signature and complete this paper submission by the electronic transmission of data in the form of ".xls" files.

Paris, December 13, 2010 The President of the Prudential Control Authority [Jean-Paul REDOUIN]

Instruction No. 2010-I-09 amending Instruction No. 2009-04 of June 19, 2009 regarding supplementary submissions for the calculation of contributions due by institutions subject to deposit, securities, and guarantee schemes Prudential Control Authority 3

Annex 10 to Instruction 2009-04 SYS_GAR10 – ELIGIBLE DEPOSITS AND DEPOSITS COVERED BY THE DEPOSIT GUARANTEE FUND Activity All zones Currency All currencies Eligible for Deposit Guarantee Fund (Art. 2 and 3 CRBF Reg. 99-05) Covered by Deposit Guarantee Fund (Art. 5 and 6 CRBF Reg. 99-05) 1 Deposits and other refundable funds