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Financial Sector Legal and Regulatory Toolkit : Part Three: Financial Regulation and Supervision : V. Bank Insolvency and Depositor Protection
C. Deposit Insurance: International StandardsIn September 2001, the FSF endorsed the report of its Working Group on Deposit Insurance as international guidance for jurisdictions considering the adoption of an explicit, limited-coverage deposit insurance system. The report has three general findings:
According to the FSF report, the principal objectives of a deposit insurance system are: (i) to contribute to the stability of a country's financial system; and (ii) to protect less financially sophisticated depositors from the loss of their deposits when banks fail. The report also provides for the variety of options available for achieving these objectives. The Working Group developed 20 "key points of guidance" for countries considering the adoption or reform of an explicit, limited-coverage deposit insurance system. The key points are grouped under four main headings: (i) contextual issues for deposit insurance systems; (ii) processes for adopting and maintaining a deposit insurance system; (iii) structure and design features; and (iv) resolutions, reimbursements, claims, and recoveries. Recognizing that existing guidance was insufficient, in March 2008, the Basel Committee and the International Association of Deposit Insurers (IADI, established in May 2002) released for consultation an extensively revised set of principles for deposit insurance. [Basel Committee & IADI, Consultative Document: Core Principles for Effective Deposit Insurance Systems (Mar 2009)] The document, comprising 18 principles in 10 groups, addresses: setting objectives (principles 1-2), mandates and powers (principles 3-4), governance (principle 5), relationships with other safety-net participants and cross-border issues (principles 6-7), membership and coverage (principles 8-10), funding (principle 11), public awareness (principle 12), selected legal issues (principles 13-14), failure resolution (principles 15-16) and reimbursing depositors and recoveries (principles 17-18). Office of the General Counsel
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