1 () () REGULATION ON DEPOSITS AND PARTICIPATION FUNDS SUBJECT TO INSURANCE AND PREMIUMS COLLECTED BY SAVING DEPOSITS INSURANCE FUND Published in issue of the Official Gazette dated November 7, 2006 SAVING DEPOSITS INSURANCE FUND INSURANCE and RISK MONITORING DEPARTMENT
2 REGULATION ON DEPOSITS AND PARTICIPATION FUNDS SUBJECT TO INSURANCE AND PREMIUMS COLLECTED BY SAVING DEPOSITS INSURANCE FUND PART ONE General Provisions Purpose and scope ARTICLE 1 (1) The purpose of this regulation is to set the rules and procedures related to insurance of saving deposits and participation funds which belong to natural persons and held within the credit institutions, and the premiums collected by the Saving Deposits Insurance Fund. Legal basis ARTICLE 2 (1) This regulation is prepared based on the article 63, paragraph 3 of the Banks Act no dated October 19, Definitions ARTICLE 3 (1) The terms and expressions used in this regulation shall have the following meanings: a) Unit Account Value: It is the unit account defined in the third article of the regulation on Fundamentals and Principles on Acceptance and Withdrawal of Deposits and Participation Funds, Overdue Deposits, Participation Funds, Securities and Receivables, published in 2633 issue of Official Gazette dated November 11, b) The Fund: Saving Deposits Insurance Fund. c) Fund Board: Saving Deposits Insurance Fund Board. d) Act: Banks Act no. 5411, dated October 19, e) Credit Institution: Commercial and Participation Banks. f) Central Bank: Central Bank of the Republic of Turkey. (2) Other terms used in this regulation are used in the same meaning as they are used in article 3 of the Act. PART TWO Insurance of Deposits and Participation Funds Scope and amount of insurance ARTICLE 4 - (1) The following items set the insurance coverage rules for the individual accounts opened in the form of New Turkish Lira (YTL), foreign exchange currency or other accounts linked to gold or other precious metal indexes in a domestic branch of a Credit Institution operating in Turkey, where commercial transactions are excluded with exception of checking activities. a) Principal plus the interest of the saving deposit accounts, b) Special Current Accounts and unit value of participation fund accounts, Are insured up to an amount of YTL per person.
3 (2) Although they fall within the specified coverage limit mentioned above, parts of these amounts are not subject to insurance coverage in circumstances below: (a) Accrued interest (calculated on the day the bank s license is revoked) which exceeds the lowest of, the interest calculated by applying average interest rate of five largest deposit banks and the interest calculated by applying the interest rate announced to the public and declared to the Central Bank by the defaulted bank, (b) The difference between the profit shares calculated on the day the bank s license is revoked and the profit share calculated by taking average profit share of the three largest participation fund banks. Deposits and participation funds that are not under insurance coverage ARTICLE 5 - (1) Deposits and participation funds listed below are not subject to insurance. a) Deposits, participation funds and other accounts of main shareholders of the relevant credit institution and similar type of accounts which belong to their mother, father, spouse and children under their custody. b) Deposits, participation funds and other accounts of chairman or members of the board, general manager and assistant general managers of the relevant credit institution and similar type of accounts which belong to their mother, father, spouse and children under their custody. c) Deposits and participation funds generated through the crimes stated in article 282 of the Turkish Criminal Law no dated September 26, ç) Accounts opened in the credit institutions which were established exclusively to implement offshore banking activities in Turkey. Payment of insured deposits and participation funds ARTICLE 6 - (1) Payments subject to insurance coverage are payable in New Turkish Lira (YTL). New Turkish Lira equivalent of foreign exchange accounts are calculated by applying the foreign exchange buying rate announced by Central bank on the day the bank s licensed is revoked. New Turkish Lira equivalent of accounts indexed to gold are calculated by applying closing prices of İstanbul Gold Stock Exchange and Central Bank s foreign exchange buying rate announced on the day the bank s licensed is revoked. PART THREE Saving Deposits and Participation Fund Premiums Collection Insurance premiums ARTICLE 7 - (1) Saving deposits and participation fund premiums are calculated based on the financial statements prepared at the end of months; March, June, September and December. Basic premium rate is 15 basis points (15/10,000) of the insured amount of the accounts of credit institutions stated in the first section of the fourth article in this regulation and collected on quarterly basis. Basis points specified below are added to the basic premium rate if conditions given below are met.
4 (2) Taking quarterly balance sheet into consideration; a) If the lowest of capital adequacy ratios calculated using consolidated and unconsolidated balance sheet is, 1) Equal to or higher than eight percent and lower than twelve percent, two basis points (2/10,000), 2) Lower than eight percent, 5 basis points (5/10,000), b) One base point (1/10,000) for the credit institutions whose absolute value of simple arithmetic mean of Foreign Exchange Net General Position/ Shareholders Equity standard ratio is higher than the upper ratio limit specified under article four of the regulation Calculation of Foreign Exchange Net General Position/ Shareholders Equity Standard Ratio Using Consolidated and Unconsolidated Financial statements and its Application as specified in issue 2633 of the Official Gazette dated November 1, c) Five basis points (5/10,000) if total amount of loans allocated to a certain risk group is within the same risk group the credit institution belongs to and exceed the limit specified in the legislation. ç) One base point (1/10,000) for the credit institutions whose net amount of loans (calculated by deducting provisions from gross loans) are classified under third, fourth and fifth sections of the regulation Identification of Loans Quality and Other Receivables of Banks and Methods and Principles for Allocating Provisions, published in 2633 issue of Official Gazette dated November 1, 2006 and for loans placed in the asset side of the balance sheet of credit institutions with net total loans to total assets ratio higher than five percent. d) Except for assets acquired by participation banks with a leaser status within the context of Leasing Law no. 3326, dated June 10, 1985; one base point (1/10,000) for the participation banks where sum of their tangible assets, subsidiaries, affiliates and mutually controlled partnership, prepaid expenses and deferred taxes is equal to or greater than their shareholders equity. Delivery of documents ARTICLE 8 - (1) Credit Institutions obliged to send, a) As of each month s end total amount in the accounts specified in article four of this regulation and the sum of amounts subject to insurance, illustrated both in new Turkish Lira and foreign currency until the twenty-fifth day of the following month. b) Tables whose content and format is set by the Fund in order to form a base for deposit insurance collection until the end of next month following the relevant period. (2) For the declarations that will be made by credit institutions for gold and foreign exchange accounts, closing price of the İstanbul Gold Stock Exchange and cross rates announced by the Central Bank on the last day of the period are taken as basis. (3) For the decelerations that will be made by participation banks, unit account value of participation accounts are taken in to account. Payment of insurance premiums ARTICLE 9 - (1) Without any notification, saving deposits and participation fund premiums are payable to the Fund until the end of the last business day of the second month, following the period the financial statements prepared, in the form of same currency type for the New Turkish Lira, US dollar and Euro accounts and in US dollars for the accounts in gold and other currency types.
5 (2) Overdue premiums and the additional premium amounts payable arising from the examination findings that the assessment values, rates and limits which constitute the basis for the premium calculations are different from the ones declared by the credit institutions (including the default fine calculated beginning from the last payment day of the related payment period according to the Public Receivables Collection Act no 6183 dated July 21, 1953) are collected by the Fund. (3) If premium table is not sent and the premium is not paid within a specified time period, premium amount is calculated by taking one and half five times the previous premium base of the related credit institution and multiplying with the highest premium rate and adding the late payment fee calculated with respect to Law no. 6183, and collected by the Fund. (4) If it is realized that premiums collected with respect to the amount declared by credit institution exceeds the amount of premium that has to be collected, excess amount is paid back to the credit institution without paying any interest or it is deducted from the coming period s premium. PART FOUR Miscellaneous and Final Provisions Notice obligation ARTICLE 10 (1) Credit Institutions must put up a written notice, whose content will be prepared by the Fund, about insurance of saving deposits and participation fund accounts in a visible place in their branches. Premium discount in mergers and transfers TEMPORARY ARTICLE 1 - (1) Premium discount rights gained according to regulation on Mergers, Transfer, Division and Share Exchange of Banks, published in Official Gazette no. 2633, dated November 1, 2006 and, regulation abrogated and published in issue of the Official Gazette dated June 27, 2001 about mergers and transfers of banks specified in 18th article of section one paragraph (b), are valid. Previous period premium obligations TEMPORARY ARTICLE 2 (1) Premiums are calculated with respect to financial statements prepared as of September 30, 2006, and collected in line with the resolution number 496 of the Banking Regulation and Supervision Agency dated December 1, 2005, with the application of the provisions which do not conflict with the Law and regulation Private Finance Institutions Special Current and Participation Funds Guarantee Fund which was published on September 18, 2002 issue of the Official Gazette and become effective on October 31, 2003 with the resolution no of Banking Regulation and Supervision Agency. Effective date ARTICLE 11 (1) This regulation becomes effective on the day it is published and is valid from November 1, Execution ARTICLE 12 (1) Provisions of this Regulation shall be executed by the President of the Banking Regulation and Supervision Board.
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