BETA

5 Amendments of Vicky FORD related to 2010/0199(COD)

Amendment 68 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 97/9/EC
Article 2 – paragraph 2a – subparagraph 1 – point b
(b) return to investors any instruments belonging to them and held, administered or managed on their behalf in connection with investment business, provided that the investment firm's inability is the result of fraud, administrative malpractice or operational error within the investment firm.
2011/03/02
Committee: ECON
Amendment 94 #
Proposal for a directive – amending act
Article 1 – point 5
Directive 97/9/EC
Article 4a – paragraphs 1 a,1 b and 1 c(new)
1a. Member States shall ensure that schemes have in place adequate systems to deliver sufficient funding to provide coverage for investors in accordance with Article 4 when the conditions set out in Article 2(2) are met, within the period set out in Article 9(2). In order to achieve this, Member States shall ensure that schemes have in place the following arrangements: – prior to and irrespective of the occurrence of either condition under Article 2(2), a fund financed by the members of the scheme; – a system of post-funding capable of meeting the scheme’s requirements; or – a combination of the above. 1b. Further to the arrangements referred to in paragraph 2 of this Article, the Member State shall also be able to demonstrate that in the event that those arrangements are insufficient, in particular in terms of short-term liquidity or larger fund shortfalls, schemes have in place adequate alternative funding arrangements to enable them to obtain further funding. Those arrangements may include commercial lending arrangements and lending facilities from public institutions, including from the Member State concerned, provided that those arrangements and facilities are based on commercial grounds. Member States shall ensure that any borrowing and the interest incurred thereon is repaid by the scheme’s members through subsequent levies. In order to assist the operation of the scheme further, Member States shall ensure that the following conditions are met: – schemes are able to levy their members in order to make payments with the period set out in Article 9(2). In order to facilitate this, schemes may levy in anticipation of payments as well as after payments have been made; – a limit is placed on the annual contribution of firms, having regard to their ability to make contributions, and reviewed every four years; and – competent authorities have the power to take action against any firm that fails to pay a levy on request. Member States shall inform ESA (ESMA) of its arrangements as referred to in paragraphs 2, 3 and 5 on an annual basis. That information shall be confirmed by the competent authorities and shall, accompanied by this confirmation, be transmitted within 30 days from the end of each year to ESA (ESMA). 1c. Member States shall ensure that the information referred to in paragraphs 1a and 1b is published on the web-site of the schemes at least on an annual basis.
2011/03/02
Committee: ECON
Amendment 95 #
Proposal for a directive – amending act
Article 1 – point 5
Directive 97/9/EC
Article 4a – paragraph 2 – subparagraph 1
Member States shall ensure that each scheme establishes a target fund level of at least 0.5% of the value of the monies and financial instruments held, administered or managed by the investment firms or UCITS that are covered by the protection of the investor compensation scheme. The value of the covered monies and financial instruments shall be calculated every year as at 1 January.deleted
2011/03/02
Committee: ECON
Amendment 117 #
Proposal for a directive – amending act
Article 1 –– point 5
Directive 97/9/EC
Article 4a – paragraph 4
4. Member States shall ensure that the schemes may make additional calls for contribution to the members of the scheme in case the target fund level is insufficient to meet the payment of the compensation claims referred to in Article 9(2). Those additional contributions shall not exceed 0.5% of the covered monies and financial instruments as referred to in paragraph 2 of this Article. Those additional contributions shall not jeopardise the stability of the financial system of the Member State concerned and be based on affordability criteria.deleted
2011/03/02
Committee: ECON
Amendment 129 #
Proposal for a directive – amending act
Article 1 – point 5
Directive 97/9/EC
Article 4a – paragraph 8
8. Member States shall ensure that 10% of the ex-ante funding amount of the schemes referred to in Article 4a (2) is available for lending to other schemes under the conditions established in Article 4c. The Commission may amend, by means of delegated acts in accordance with Article 13a and subject to the conditions of Articles 13b and 13c, the percentage of the ex-ante funding amount to be made available for lending to other schemes, taking into account the developments in financial markets.deleted
2011/03/02
Committee: ECON