The Deposit Guarantee and Resolution Fund is a legal entity governed by private law. It is managed by an Executive Board acting under the supervision of a Supervisory Board. Members of the Management Board and the Supervisory Board are subject to the disqualifications set out in article L. 500-1.
In carrying out its duties, the Deposit Guarantee and Resolution Fund is not considered to be a financial holding company or the parent company of a finance company and the prohibition defined in the first paragraph of article L. 511-5 does not apply to it.
A provision for intervention risk is established for each mechanism or device in the accounts of the Fonds de Garantie des Dépôts et de Résolution. This provision is equal to the excess of all income, including income resulting from the implementation of III of Article L. 312-7 in the event of intervention and recoveries following intervention, over all expenses for the year, including intervention expenses. It is added to the reserves mentioned in III above. It is reversed in the event of intervention by the fund under the conditions mentioned in the said III.
The reserves of the Deposit Guarantee and Resolution Fund are not distributable.