Published : 2022-07-12

Legal nature of financial penalties imposed by the Bank Guarantee Fund

Abstract

The article discusses the legal nature of fines imposed by the Bank Guarantee Fund. Since 2016, the Bank Guarantee Fund may impose fines on members of the bodies of certain financial institutions, including banks and credit unions, due to the failure of these entities to fulfil their reporting and information obligations related to the resolution process. The provisions of the Bank Guarantee Fund  lack a comprehensive regulation on the principles of imposing fines. The provisions of the BFG Act are not uniform as regards the rules of imposing penalties. In art. 79 of the BFG Act, the criteria for measuring the penalty were not specified, while these criteria were specified in Art. 95 of the Act of June 10, 2016 on the Bank Guarantee Fund, the deposit guarantee system and resolution (i.e. Journal of Laws of 2022, item 793). The fines imposed by BFG should be considered as the administrative sanctions due to the purpose of their imposition. The grounds for imposing fines by the Fund should be sought in the Directives of the European Parliament, which have been implemented into the Polish legal system.

Keywords:

administrative sanctions, recommendations, financial penalties

JEL Codes

K10, G21


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Gryber, M. (2022). Legal nature of financial penalties imposed by the Bank Guarantee Fund. Safe Bank, 87(2), 140–154. https://doi.org/10.26354/bb.7.2.87.2022

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