EBA · 2016_2642 Final Q&A

Definition of a 'Deposit Broker'

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
422, para. 5
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2016-02-24
Answered
2016-09-23
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

What is the definition of a deposit broker?

Background

If a wide definition of a deposit broker is used, non-operational deposits from financials could be taken by banks via a deposit broker and would then be subject to a 40% outflow insterad of a 100% outflow. The US LCR rules cross refer to the FDIC definition of a deposit broker which requires these deposits to be covered by FDIC insurance.

Answer

If a term is not defined in the Regulation, the Q&A instrument cannot be used to provide a formal, legal definition. Non-defined terms must be interpreted according to the general meaning of the terms used, together with other recognised interpretative methods, such as contextual interpretation and by identifying the objective of the concerned provisions. From the context, the definition of deposit brokers should be restricted to a narrow interpretation.  Disclaimer:  This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Financial Stability, Financial services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Original source: European Banking Authority, Q&A ID 2016_2642

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

Similar Q&As

More Q&As on this topic

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.