of August 20, 2004 No. 8
About approval of the Regulations on procedure for calculation and implementation by banks of payments and fees in Fund of guaranteeing deposits in bank system
In pursuance of article 44 of the Law No. 575-XV "About guaranteeing deposits of physical persons in bank system" of December 26, 2003. The administrative board of Fund of guaranteeing deposits in bank system DECIDES:
1. Approve Regulations on procedure for calculation and implementation by banks of payments and fees in Fund of guaranteeing deposits in bank system according to appendix.
2. To provide to licensed banks within 15 days Fonda data on calculation base as of 30.06.04 according to item 2.3 of this provision.
The chairman of Administrative board Fonda of guaranteeing deposits in bank system
To Pyotr Veveritsa
The N8 Protocol of August 20, 2004 is approved by the Decision of Administrative board of Fund of guaranteeing deposits in bank system,
1.1. This provision is developed based on the Law No. 575-XV of 26.12.2003 on guaranteeing deposits in bank system (further - the Law) and determines procedure for calculation and payment by banks of payments and fees in Fund of guaranteeing deposits in bank system (further - Fund).
1.2. Financial resources of Fund are created in Moldovan lei.
2.1. Calculation base is the total amount of the guaranteed deposits according to guaranteeing limit, established according to article 6 of the Law based on which the fees and payments obligatory for transfer by bank in Fund are calculated.
2.2. Each bank determines calculation base, applying the following rules:
2.2.1. Of class 2 - "Obligations" - the Chart of accounts of the financial accounting in licensed banks of the Republic of Moldova approved by Administrative board of National Bank of Moldova (The protocol No. 15 of March 26, 1997), with subsequent changes and amendments, get out the remaining balance of accounts relating to obligations of bank to physical persons - residents and nonresidents and legal entities of private law - residents and nonresidents, including in foreign currency (their equivalent in Moldovan lei on the official rate), as of the last reporting date of prior quarter which is date of calculation:
- 2120 Loans from other creditors;
- 2150 Agreements of REPO and lombard benefits;
- 2180 Issued securities;
- 2220 Non-interest deposits poste restante clients;
- 2250 Interest-bearing deposits poste restante clients;
- 2290 Accounts of legalization of the capital;
- 2310 Savings deposits;
- 2330 Deposits overnight;
- 2370 Term deposits of clients;
- 2380 "The term security deposits received from clients" in the part which is not serving as guarantee on the transactions performed by bank on behalf of the depositor;
- 2410 Term deposits of non-profit organizations;
- 2430 Term deposits of physical persons which perform activities;
- 2530 Debt on financial leasing;
- 2540 Term deposits of organizations on implementation of investment projects from external grants and the credits;
- 2700 the Increased interest payable;
- 2790 the Transit and suspended accounts;
- 2800 Other obligations.
According to know-your-customer rules, based on remaining balance of each account depositors and total amount of obligations of bank to each depositor by summing of all its deposits, including receivable and unpaid interests are identified.
2.2.2. From information obtained according to item 2.2. 1, the bank excludes deposits of depositors with the corresponding remaining balance which is not guaranteed by Fund:
a) deposits of members of governing bodies of bank;
b) deposits of persons owning directly or indirectly including as the vygodopriobretayushchy owner or the owner owing to the approved activities, essential ownerships in the authorized capital of bank (certain article 3 of the Law as such about activities of banks No. 202/2017);
c) deposits of former owners of ownerships in the authorized capital of bank which shares were cancelled according to part provisions (3) article 156 of the Law on financial institutions No. 550/1995 or article 52 of the Law on activities of banks No. 202/2017;
d) deposits of legal entities over which control is exercised by persons specified in Items a), b) and c) this Article;
e) the deposits placed by other banks, including the companies from other countries performing comparable to banking activity on the name and at own expense;
f) deposits of spouses and relatives of the first and second degree of relationship of persons specified in Items a), b) and c) this Article;
g) deposits of the third physical persons acting on behalf of persons specified in Items a), b) and c) this Article;
h) the deposits placed by non-bank credit institutions, including leasing companies and the organizations of mortgage lending;
i) the deposits placed by savings and loan associations and the central associations;
j) the deposits placed by insurance companies;
k) the deposits placed by investment firms;
l) debt obligations to bearer;
m) all tools relating to concept of own means of bank.
The credit balance serving as guarantee on the acting transactions performed by the relevant bank on behalf of the depositor is not considered the deposit.
2.2.3. Proceeding from information obtained according to subitems 2.2.1 and 2.2. The bank determines 2,:
a) the number of physical persons and legal entities of private law on whose deposits there is remaining balance which in total amount is not exceeding or equal to guaranteeing limit, established according to the Law;
b) the amount of the guaranteed deposits belonging to persons specified in lit. A), by summing of the remaining balance which is on these deposits;
c) the number of physical persons and legal entities of private law on whose deposits there is remaining balance in total amount exceeding the guaranteeing limit set according to the Law;
d) the amount of the guaranteed deposits belonging to persons specified in lit.s), by multiplication of number of specified persons by guaranteeing limit size.
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