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Crisis on the financial market - Financial guarantee schemes

Publication at Faculty of Law |
2015

Abstract

The main objective of this article is to explain how the deposits are protected in bank accounts or credit unions accounts, and what is the state guarantee of deposits nowadays within the valid law and what is the development of legal regulation of these institutes. The government presented 2. 7. 2015 to the Chamber of Deputies (Poslanecká sněmovna) a draft law on recovery procedures and solutions of the financial market crisis.

This proposal implements the Directive of the European Parliament and Council Directive 2014/59 / EU of 15 May 2014 establishing a framework for the recovery and resolution of the crisis of credit institutions and investment firms ('BRRD ") and a Directive of the European Parliament and Council Directive 2014/49 / EU of 16 April 2014 on deposit guarantee schemes ("DGSD"). We can say, that the system of deposit insurance and financial institutions resolutions, are going through quite fundamental changes.

There are changes in the existing fragmented legislation that is becoming more complex and integrated, introducing new institutes and in particular and a protection is even more denying the depositors and the risk is transferred to the shareholders and creditors.