AI Summary of Article 5 Eligibility of deposits
The following deposits are excluded from repayment by a deposit guarantee scheme (DGS): deposits by other credit institutions on their own behalf (subject to Article 7(3)); own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013; deposits arising from transactions linked to a criminal conviction for money laundering or terrorist financing; deposits by financial institutions on their own behalf; the deleted point (e); deposits with unidentified holders under Article 20 of Regulation (EU) 2024/1624 except where a holder requests payout and neither the credit institution nor the DGS can prove the lack of identification was caused by the account holder and the depositor’s identity is verified before payout; deposits by insurance and reinsurance undertakings, collective investment undertakings, pension and retirement funds, central or state governments (except non‑profit institutions controlled by central government); debt securities issued by a credit institution and liabilities from own acceptances and promissory notes; and deposits meeting the conditions in Article 45b(1a)(a)–(d) of Directive 2014/59/EU, including those with residual maturity of less than one year.
Member States may decide that deposits held by personal pension schemes and occupational pension schemes of small and medium‑sized enterprises are included up to the coverage level in Article 6(1). Member States may provide that deposits releasable under national law only to repay a loan on private immovable property are excluded from repayment. Member States shall ensure credit institutions mark eligible deposits to allow immediate identification.
Article 5 Eligibility of deposits
1. The following shall be excluded from any repayment by a DGS:
(a) subject to Article 7(3) of this Directive, deposits made by other credit institutions on their own behalf and for their own account;
(b) own funds as defined in point (118) of Article 4(1) of Regulation (EU) No 575/2013;
(c) deposits arising out of transactions in connection with which there has been a criminal conviction for money laundering or terrorist financing;
(d) deposits made by financial institutions, as defined in Article 4(1), point (26), of Regulation (EU) No 575/2013, on their own behalf and for their own account;
(e) [deleted]
(f) deposits the holder of which has never been identified pursuant to Article 20 of Regulation (EU) 2024/1624, where those deposits have become unavailable, except where a holder requests payout and neither the credit institution or the DGS can prove that the lack of identification was caused by the account holder's actions or failure to act and provided that the identity of the depositor has been verified before the payout;