Case File
efta-01381437DOJ Data Set 10OtherEFTA01381437
Date
Unknown
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DOJ Data Set 10
Reference
efta-01381437
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1
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0
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Extracted Text (OCR)
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(2) The CRR credit institution shall without undue delay make available to the deposit guarantee
scheme on request the documents needed to verify the claims for compensation by the depositors and for
their compensation, as well as the necessary information about deposits and depositors.
(3) The deposit guarantee scheme shall settle claims by depositors for compensation in the period
up to 31 May 2016 within 20 working days, and starting on 1 June 2016 within seven working days. of the
date on which BaFin determined that a compensation event has occurred, without a request to the
deposit guarantee scheme being necessary. Amounts that are temporarily subject to a higher coverage
level in accordance with section 8 (2) shall be repaid within seven working days of receipt of notification of
these amounts by the depositor in accordance with section 8 (5).
Section 15
Exclusion, deferral and suspension of compensation
(1) No compensation shall be paid where there have been no transactions relating to the deposit
within the last 24 months and the value of this deposit is lower than the average administrative costs that
would be incurred by the deposit guarantee scheme in paying any compensation.
(2) By way of derogation from section 14 (3), settlement of the claim for compensation may be
deferred if
1.
the depositor's claim for compensation is disputed,
2.
there have been no transactions relating to the deposit within the last 24 months.
3.
the amount to be compensated is part of a temporarily higher coverage level as defined in
section 8 (2) or
4.
the depositor is not absolutely entitled to the deposit.
In the case of sentence 1 number 4 above, the claim for compensation shall be settled within three
months of the date on which the compensation event is determined by BaFin, and in the other cases
within an appropriate period.
(3) Settlement of the claim for compensation can be suspended if
1.
the deposit is subject to legal dispute: until there has been a final and unappealable ruling on the
dispute,
2.
the deposit is subject to restrictive measures that are imposed by a competent German authority,
the European Union, another country or an international organisation, and that are legally binding
for the Federal Republic of Germany: until the measures in question have been lifted,
3.
there is evidence that the claim for compensation relates to assets that are linked to money
laundering or terrorist financing, and investigation proceedings have been instituted against
persons for this reason: until these proceedings have been closed.
Section 16
Subrogation following payment of compensation
Insofar as the deposit guarantee scheme settles the claim of an eligible depositor for compensation, the
depositor's claims against the CRR credit institution shall be subrogated to the deposit guarantee
scheme.
Part 3
Deposit guarantee schemes
Chapter 1
Financing of and target level for deposit guarantee schemes and use of funds
11
CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e)
DB-SDNY-0080409
CONFIDENTIAL
SDNY_GM_00226593
EFTA01381437
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