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AI Summary of Article 8b Coverage of client funds deposits

Member States shall ensure deposit guarantee schemes (DGSs) cover client funds deposits where: (a) deposits are placed on behalf of and for the account of clients eligible under Article 5(1); (b) deposits are held on segregated accounts in compliance with safeguarding requirements of Union law for the entities referred to in Article 5(1); and (c) clients are identified or identifiable by the financial institution holding the account prior to a relevant administrative determination (Article 2(1)(8)(a)) or a judicial ruling (Article 2(1)(8)(b). The coverage level in Article 6(1) applies to each identified client and, by derogation from Article 7(1), DGSs must not aggregate a client’s deposits with the same credit institution when determining the repayable amount.

Member States shall ensure DGSs repay covered client funds either to the account holder for the benefit of each client or directly to the client. The EBA shall develop draft regulatory technical standards specifying technical details for client identification for repayment, criteria and circumstances for repayment to the account holder or directly to the client, and rules to avoid multiple claims, taking into account business model specificities of entities in Article 5(1)(d) and applicable Union law on client funds. EBA must submit the drafts to the Commission by 11 May 2027; the Commission is delegated power to adopt the RTS under Articles 10–14 of Regulation (EU) No 1093/2010.

Version status: Inserted | Document consolidation status: Updated to reflect all known changes
Version date: 10 May 2026 - onwards
Version 2 of 2

Article 8b Coverage of client funds deposits

1. Member States shall ensure that client funds deposits are covered by DGSs where all of the following apply:

(a) such deposits are placed on behalf and for the account of clients who are eligible for protection in accordance with Article 5(1);

(b) such deposits are made on segregated accounts in compliance with safeguarding requirements laid down in Union law regulating the activities of the entities referred to in Article 5(1), point (d)

(c) the clients referred to in point (a) of this paragraph are identified or identifiable by the financial institution holding the account on behalf of those clients prior to the date on which a relevant administrative authority makes a determination as referred to in Article 2(1), point (8)(a), or a judicial authority makes a ruling as referred to in Article 2(1), point (8)(b).