The Bank Deposit Government Guarantee serves as a cornerstone of Austria's financial stability framework, implementing the deposit protection requirements mandated by EU Directive 2014/49/EU and Austrian banking laws. This document is essential for credit institutions operating in Austria, providing a standardized framework for deposit protection up to €100,000 per depositor. It becomes particularly relevant when establishing new banking operations, updating existing guarantee arrangements, or implementing changes in regulatory requirements. The guarantee includes detailed provisions for trigger events, claim procedures, bank obligations, and regulatory oversight, ensuring alignment with both Austrian and EU banking regulations. This document type is fundamental to maintaining depositor confidence and financial system stability in Austria.
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1. Parties: Identification of the guarantor (Austrian government/designated authority), the bank, and reference to protected depositors
2. Background: Context of the guarantee scheme, reference to relevant legislation (ESAEG and EU Directive 2014/49/EU)
3. Definitions: Key terms including 'Eligible Deposits', 'Coverage Level', 'Compensation Event', 'Protected Depositors'
4. Scope of Guarantee: Extent of deposit protection, maximum coverage amounts, and types of eligible deposits
5. Duration and Effectiveness: Term of the guarantee and conditions for its effectiveness
6. Guarantee Obligations: Specific obligations of the guarantor, including payment triggers and timing
7. Claims Process: Procedures for making claims, verification process, and payment mechanisms
8. Bank Obligations: Requirements for the bank including reporting, risk management, and contribution payments
9. Regulatory Compliance: Compliance requirements with Austrian banking laws and EU directives
10. Information and Audit Rights: Rights of the guarantor to inspect and audit the bank's records
11. Termination: Circumstances under which the guarantee may be terminated or modified
12. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes
1. Multiple Currency Provisions: Required when the guarantee covers deposits in multiple currencies
2. Cross-Border Arrangements: Needed for banks operating branches in other EU member states
3. Special Institution Provisions: Required for specialized credit institutions with unique deposit structures
4. Crisis Management Procedures: Additional procedures for systemic banking crisis situations
5. Depositor Communication Protocol: Specific requirements for communicating with depositors in multiple languages
1. Schedule 1 - Eligible Deposit Types: Detailed list of deposit types covered under the guarantee
2. Schedule 2 - Calculation Methodology: Methods for calculating coverage and compensation amounts
3. Schedule 3 - Reporting Requirements: Ƶ and timing for regular reporting by the bank
4. Schedule 4 - Claims Procedures: Detailed procedures and forms for processing claims
5. Schedule 5 - Fee Structure: Details of contribution payments and calculation methods
6. Appendix A - Standard Forms: Standard forms for claims, notifications, and certifications
7. Appendix B - Contact Details: List of key contacts and escalation procedures
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