PROTECTION OF PERSONS AFFECTED BY THE DEPOSIT TRANSFER INSTITUTED WITH THE SPECIAL ADMINISTRATION OF A CREDIT INSTITUTION
Keywords:
special supervision, special administration, banking deposit, remedial measures, damages fund, deposits guarantee fundAbstract
The maintenance of trust in the Romanian banking system is mainly insured by the institutionalization of a guarantees system, which insures the restitution of the deposited amounts of money, but also the damages given to depositors, should a transfer of deposits occur. This system is regulated as measure in the context of a credit institution restructuring, by article 24011 paragraph (2) letter b) and article 24012 paragraph (1) letter d) of the Emergency Ordinance No. 99/2006 on credit institutions and capital adequacy. Depositors’ protection has a specific legal system, is integrated in special administration and is subject to our present analysis which uses law as working instrument.References
Anitei, N., C., Laz r, R., E., (2011) Drept bancar i valutar, Universul Juridic, Publ. House, Bucharest,
Gheorghe, C., A., (2007) Drept bancar, C.H. Beck Publ. House, Bucharest,
Postolache, R., (2006) Drept bancar, Cartea universitar Publ. House, Bucharest,
Silberstein, I., (2011) Reglementarea actual a procedurilor speciale bancare, Law Magazine No. 11/2011, pp. 167-180.
Government Emergency Ordinance No. 99/2006 on credit institutions and capital adequacy, Official Gazette No. 1027 from December 27th 2006.
Government Emergency No. 39/1996 on the creation and functioning of Bank Deposit Guarantee Fund, republished in the Official Gazette, No. 587 from August 19th 2010.
Government Emergency No. 10/2004 on the procedure of judicial reorganization and bankruptcy of credit institutions, Official Gazette No. 84 from January 30th 2004.
Law No. 31/1990 on commercial societies, republished in the Official Gazette No. 1066 from November 17th 2004.
Law No. 85/2006 on insolvency procedure, Official Gazette No. 359 from April 21st 2006.
