The Decree on Special Prudential Measures, Investor Compensation and Deposit Guarantees FMSA (Wijzigingen Besluit bijzondere prudentiële maatregelen, beleggerscompensatie en depositogarantie Wft) has undergone two amendments since June 2009.
Firstly, further rules to implement article 3:266 of the FMSA have been adopted, relating to participation in the Dutch investor compensation scheme or deposit guarantee scheme (vangnetregeling) by financial firms with their headquarters in another EU member state that operate from a branch office in the Netherlands5.
Secondly, various amendments have been made to implement a recent European directive6. In particular, the introduction of the obligation for banks to notify that, as appropriate, a certain claim is not entitled to be met pursuant to the desposit guarantee scheme.
In addition, the maximum compensation amount of EUR 100,000 is definitively formalised7. The directive requires that the cover as of 30 June 2009 will be a minimum amount of EUR 50,000. Member states are required to ensure that the maximum cover is EUR 100,000 by 31 December 2010 at the latest. In the Netherlands, a temporary ministerial rule that has now been repealed had already increased the cover to EUR 100,0008.