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Chapter 4 - Deposit Guarantee Schemes: Towards Harmonisation through the EU?

Published online by Cambridge University Press:  05 September 2025

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Summary

The economic and financial difficulties encountered by European States since the global 2007–2009 financial crisis have led to a loss of trust in the banking and financial system, and have made the previous theoretical assumption of the bankruptcy of credit institutions perceptible. The financial crisis showed the importance of maintaining depositor confidence in the financial system, and using such tools as increases in deposit insurance coverage and strengthening of funding arrangements, to support financial stability. In a changing world, challenges with respect to deposit schemes are numerous. In June 2017 (i) an agreement was reached at the EU and Italian levels to recapitalise the Italian Banca Monte dei Paschi di Siena, and (ii) the Spanish Banco Popular Espanol S.A. was put into resolution and its equity instruments were transferred to Banco Santander S.A. The failure of those two credit institutions illustrates the fact that bankruptcies of banks are not hypothetical, 10 years after the Lehmann Brothers collapse. March 2023 proved that risks on deposits still exist. Indeed, US regulators rushed to seize the assets of Silicon Valley Bank (SVB) after a run on that bank, the largest failure of a financial institution since the height of the financial crisis more than a decade ago. Pursuant to a 12 March 2023 Joint Statement by the US Department of the Treasury, US Federal Reserve, and US FDIC, the resolution of Silicon Valley Bank was announced to be executed in a manner that fully protects all depositors.

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Type
Chapter
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European Contract Law in a Changed Banking and Financial Architecture
Stability Design, the Common Good and Private Party Participation
, pp. 91 - 112
Publisher: Intersentia
Print publication year: 2024

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