An order of the Minister for the Economy specifies the terms, deadlines and maximum amount of compensation.
In accordance with the terms and conditions laid down in Article L. 313-50 and this Article, the guarantee mechanism shall retroactively assume the guarantee commitments required by a legislative or regulatory text granted by any credit institution or finance company that has been the subject of safeguard or receivership proceedings initiated after 1 January 1996 and that has been unable to honour these commitments in full.
For the application of these provisions, the Fonds de Garantie des Dépôts et de Résolution (Deposit Guarantee and Resolution Fund) assumes the financial burden of these guarantee commitments on behalf of the guarantee mechanism until the first call for contributions allocated to this mechanism, as soon as the Chairman of its Management Board has given his approval. The cost borne by the Deposit Guarantee and Resolution Fund as a result of this intervention is then charged to the surety guarantee mechanism.
Notwithstanding the provisions of article L. 621-46 of the French Commercial Code, the sums paid by the guarantee mechanism in this respect confer on the fonds de garantie des dépôts et de résolution a right to dividend distribution identical to that of other unsecured creditors eligible for this distribution.