Article 2 Institutions subject to reserve requirements
United Kingdom
The following categories of institutions shall be subject to reserve requirements:
credit institutions as defined in the first subparagraph of Article 1(1) of Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking-up and pursuit of the business of credit institutionsf1, other than participating NCBs;
branches as defined in Article 1(3) of Directive 2000/12/EC, of credit institutions as defined in the first subparagraph of Article 1(1) of the same Directive, other than participating NCBs; these include branches of credit institutions which have neither their registered nor their head office in a participating Member State.
Branches of credit institutions established in participating Member States which are located outside participating Member States are not subject to reserve requirements.
Without being obliged to submit any request, an institution shall be exempted from reserve requirements from the start of the maintenance period in which its authorisation is withdrawn or renounced, or in which a decision to submit the institution to winding-up proceedings is taken by a judicial authority or any other competent authority of a participating Member State.
The ECB may exempt the following institutions from reserve requirements on a non-discriminatory basis:
institutions subject to reorganisation measures;
institutions subject to the freezing of funds and/or other measures imposed by the Community or a Member State under Article 60(2) of the Treaty restricting the use of their funds or a decision of the ECB’s Governing Council suspending or excluding their access to open market operations or the Eurosystem’s standing facilities;
institutions for which the purpose of the ECB’s minimum reserve system would not be met by imposing reserve requirements upon them. In reaching a decision on any such exemption, the ECB shall take into account one or more of the following criteria:
- (i)
the institution is authorised to pursue special-purpose functions only;
- (ii)
the institution is prohibited from exercising active banking functions in competition with other credit institutions;
- (iii)
the institution is under a legal obligation to have all its deposits earmarked for purposes relating to regional and/or international development assistance.
The ECB shall publish a list of institutions subject to reserve requirements. The ECB shall also publish a list of institutions exempt from its reserve requirements for reasons other than being subject to:
reorganisation measures;
the freezing of funds and/or other measures imposed by the Community or a Member State under Article 60(2) of the Treaty restricting the use of an institution’s funds or a decision issued by the ECB’s Governing Council suspending or excluding an institution’s access to open market operations or the Eurosystem’s standing facilities.
Institutions may rely on these lists when deciding whether their liabilities are owed to another institution that is itself subject to reserve requirements. These lists shall not be determinative of whether institutions are subject to reserve requirements in accordance with Article 2.
Annotations
Textual amendments
Footnotes
- f1
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OJ L 126, 26.5.2000, p. 1. Directive as amended by Directive 2000/28/EC (OJ L 275, 27.10.2000, p. 37).