ARTICLE
15 July 2015

UK Regulator Announces New Depositor Protection Limit And Other Changes To The Depositor Protection Regime

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A&O Shearman

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On July 3, 2015, the PRA announced changes to depositor protection provided by the Financial Services Compensation Scheme.
United Kingdom Finance and Banking

On July 3, 2015, the PRA announced changes to depositor protection provided by the Financial Services Compensation Scheme. Currently, the deposit compensation limit is £85,000 for deposits made by private individuals and small businesses. The changes are due to the UK implementation of the recast Deposit Guarantee Schemes Directive and include: (i) amending the deposit protection limit to £75,000 from July 3, 2015 to match the new limit under the recast Deposit Guarantee Schemes Directive and because Member States converting the limit into their national currency must use the exchange rate prevailing on July 3, 2015 to recalculate the limit; (ii) transitional UK legislation under which most depositors remain protected up to £85,000 up to and including December 31, 2015; (iii) making certain deposits of large companies and small local authorities eligible for protection from July 3, 2015 onwards although the £75,000 deposit protection limit will apply which is a significant change from the past scope of the UK compensation scheme; (iv) amendments to the PRA rules to ensure that firms update disclosures and procedures to account for new limits and scope of the regime; and (v) requiring firms to communicate the changes to their customers by September 1, 2015 using the PRA's prescribed language. The PRA is also consulting on proposals that would ensure that all depositors to which the decrease in FSCS protection applies have an opportunity to adjust to the new limit, without incurring any penalties, charges or loss of interest from August 1, 2015 until December 31, 2015. Responses to the consultation paper are due by July 24, 2015.

The PRA announcement is available at: http://www.bankofengland.co.uk/publications/Pages/news/2015/056.aspx  , the new rules are available at: http://www.bankofengland.co.uk/pra/Documents/publications/ps/2015/ps1415.pdf  and the consultation paper is available at: http://www.bankofengland.co.uk/pra/Documents/publications/cp/2015/cp2315.pdf.

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