Warranty Fund

Deposit Warranty Fund
informatii informatii Individuals informatii Companies informatii Professionals
According to the Government Ordinance no.80/2009 published in OM 449/30.06.2009, on amending and supplementing the Government Ordinance no. 39/1996 regarding the setting-up of the deposit warranty fund in the banking system
Starting with the 30th of June 2009, the ceiling per each guaranteed depositor - legal entity, raised up to 50.000 EUR (in Lei equivalent) for each credit institution.

The ceiling per guaranteed depositor - individual, remained at the same level, 50.000 EUR (in Lei equivalent) for each credit institution.

The amounts covered by the Deposit warranty fund are constituted from the following:

  • Any credit balance, including the due interest, from funds available in an account
  • Amounts generated from transitory situations deriving from current banking operations and which the credit institution should reimburse, accordingly to the legal and contractual disposition applicable
  • Any obligation of the credit institution underlined through a claim issued by such, except the obligations stipulated within art 159 par. (6) from the Regulation No. 15/2004 regarding the authorization and functioning of investment management companies, undertakings for collective investment in transferable securities and depositors, approved by the Decree of the Romanian National Securities Commission no. 67/2004, with the following amendments
The level of the compensation is determined by the deduction from the amount of all the guaranteed deposits held by the guaranteed depositor with that credit institution on the date when the deposits become unavailable, of the total value of exigible claims that the credit institution has on the respective depositor on the same date. The payable compensation is limited to the level of the guarantee ceiling.
The following categories of deposits are exempted from the payment of compensation:
  1. Deposits of a credit institution, other than those which fall under the stipulations of art. 6 par. (3), made on its own behalf and account.
  2. Instruments which fall under the scope of the definition related to own funds, according to the regulations of the National Bank of Romania with respect to the own funds of credit institutions.
  3. Deposits of financial institutions, as they are defined in Government Emergency Ordinance no. 99/2006 regarding credit institutions and capital adequacy, approved with amendments and supplements by Law no. 227/2007, as further amended and supplemented, with the exception of non-banking financial institutions pertaining to the category of mutual funds.
  4. Deposits of insurers, reinsurers and insurance intermediaries, as they are defined in the legislation regarding the insurance activity and insurance supervision.
  5. Deposits of the central public authorities, as well as of local and regional authorities.
  6. Deposits of collective investment bodies, as they are defined by the legislation regarding the capital market.
  7. Deposits of pension funds
  8. Deposits made to the credit institution, belonging, as the case may be, to its administrators, directors, members of the supervisory board, auditors, major shareholders.
  9. Deposits made by depositors having a similar status as the ones cited in point 8, to other companies pertaining to the credit institution's group.
  10. Deposits made by the family members of the individuals mentioned in points 8 and 9, respectively the spouses, first degree relatives and in-laws, as well as by third parties acting on behalf of the depositors mentioned in points 8 and 9.
  11. Deposits made to the credit institution by companies from the same group.
  12. Deposits which are not nominal.
  13. Transferable securities such as the debt issued by the credit institution, as well as obligations stemming from own acceptances and promissory notes.
  14. Deposits of economic entities which, given their size, do not fall under the category of microenterprises, small and medium-sized enterprises.


Companies > Your investments > Warranty Fund
www.brd.ro