Abstract

The Bank Guarantee Fund, BGF is entitled to entrust other banks with the activities of banks under resolution referred to in Art. 5 and 6 of the Banking Law. In fact, such entrustment is made under an agreement concluded on behalf of the bank under resolution by the BGF or an administrator or the management board of the bank under resolution appointed by the BGF. The agreement for entrusting performance of banking activities is a banking outsourcing agreement. The regulations allowing for the use of subcontractors in the performance of entrusted activities or providing them with information covered by banking secrecy do not apply to this agreement, which should be considered as a shortcoming of the regulations in force.