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Which deposits are
guaranteed under the Deposit Guarantee Scheme in Slovenia?
1. What is a guaranteed deposit?
A guaranteed deposit of an individual depositor (a private
individual, a private individual independently engaged in
business activities, a sole trader or a legal entity that
does not satisfy the criteria for being classed as a large
or medium-size enterprise) at a bank is the net deposit as
at the day that bankruptcy proceedings are initiated against
the bank up to a total of EUR 100,000.
The net deposit is the sum or total balance of all the
deposits of an individual depositor, minus any unpaid and
overdue liabilities to the bank or savings bank.
Example 1:
Janez has a transaction account at a bank in which he
currently holds EUR 1,530, and a 3-year deposit in the
amount of EUR 2,000 (maturing on 12 January of next year).
At the same bank he recently raised a car loan of EUR 5,000,
the first instalment of which in the amount of EUR 330
should have been paid three days ago, but he forgot.
Calculation of Janez’s guaranteed deposit:
1,530 + 2,000 – 330 = EUR 3,200
The pertaining interest up to the day of the bank’s
bankruptcy would also be added to this sum.
Example 2:
A company classed as a small business has the following at a
bank: a transaction account in which it currently holds EUR
11,530 and a 3-year deposit in the amount of EUR 200,000 (maturing
on 12 January of next year). It recently raised a loan at
the same bank in the amount of EUR 500,000 to purchase
machinery, but failed to pay one instalment of EUR 3,330 on
time.
Calculation of the company’s guaranteed deposit:
11,530 +200,000 – 3,330 = EUR 208,200
Given the aforementioned limit on the total guaranteed
deposit, the company would be entitled to the payment of the
guaranteed deposit in the amount of EUR 100,000 (or the full
amount, in the event of a bankruptcy no later than 31
December 2010, including the pertaining interest). The
remainder is automatically registered as a claim in the
bankruptcy proceedings against the bank.
2. Are all types of deposit guaranteed under the scheme in
Slovenia?
Deposits based on a current account, savings deposits, cash
deposits, and certificates of deposit and bills, provided
that they are issued as registered securities and are
registered in the name of the relevant person, are all
covered by the guarantee.
A depositor’s other claims against the bank are also classed
as deposits for the purpose of the guarantee . The law
defines them as money remaining in an account or positive
balances that are the result of ordinary banking
transactions that the bank must repay in accordance with
current legal and contractual terms.
3. Are there deposits that are not guaranteed?
Yes, the following deposits are not covered by the guarantee:
deposits deriving from bonds and other registered debt
securities other than certificates of deposit and bills,
where they are registered to a name,
deposits which, due to their characteristics, are taken into
consideration in the calculation of the banks' own funds,
deposits arising out of transactions for which the holder of
the deposit has been convicted by final judgment for the
criminal offence of money laundering,
bearer deposits and deposits that are in any way anonymous
or for which the depositor cannot be identified because the
bank does not have the information about the deposit holder
at its disposal. Substantively these are deposits registered
to the bearer, and password-activated deposits from the past,
where the identification of the deposit holder has not yet
been made.
It is recommended that all depositors who are holders of
anonymous deposits or deposits for which the bank did not
require basic registration information when being opened
contact their banks and provide their information. Only in
this way can such deposits be covered by the guarantee, once
the other conditions are met.
4. Are the deposits of all depositors guaranteed?
No. The following deposits are not covered by the guarantee:
deposits of other banks and financial corporations invested
in their own name and for their own account,
deposits of central governments, central banks and local
governments, and deposits of legal entities that are funded
directly or indirectly by central government or local
government budgets,
deposits of legal entities that are classed as large or
medium-size enterprises under the ZGD-1, or that satisfy the
relevant criteria for the same (the same applies to sole
traders’ deposits),
deposits of shareholders in the bank that hold at least 5%
of the bank’s capital or voting rights,
deposits of legal entities that are subsidiaries of the
bank,
deposits of all types of fund (undertakings for collective
investment [open and closed investment funds]), pension
funds’ deposits and deposits in insurance corporations’
assets covering technical provisions.
5. Are deposits at all banks guaranteed?
Yes, deposits at all banks and savings banks providing
banking services in Slovenia are covered by the guarantee. A
public notice of the Bank of Slovenia and the Slovenian
Banking Association about the deposit guarantee is published
at the premises of banks and savings banks
(http://www.zbs-giz.si/system/file.asp?FileId=3166). The law
stipulates that:
deposits at banks and savings banks established in Slovenia
that have obtained a Bank of Slovenia authorisation to
provide banking services are guaranteed under the Deposit
Guarantee Scheme in Slovenia;
deposits at banks from Member States that provide banking
services in Slovenia directly or through a branch are
guaranteed under the deposit guarantee scheme in the country
in which the bank is established;
deposits at a branch of a bank from a third country (a bank
established in a country outside the EEA) that holds a Bank
of Slovenia authorisation to establish a branch are
guaranteed either under the deposit guarantee scheme in the
country in which the bank is established or by means of
mandatory participation in the Deposit Guarantee Scheme in
Slovenia as required by the Bank of Slovenia. There are no
branches of a bank of a third country in Slovenia at
present.
Banks covered by the Deposit Guarantee Scheme in Slovenia
display a sticker marked “Banka Slovenije: Dovoljenje za
opravljanje bančnih storitev” (Bank of Slovenia:
Authorisation to Provide Banking Services).
Branches of banks of Member States do not display the
sticker, because they have obtained the authorisation to
provide banking services in their home country.
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