Systemy ochrony instytucjonalnej w sektorze bankowym – w świetle rozporządzenia CRR, rozdziału 10a prawa bankowego oraz regulacji banków spółdzielczych
The Institutional Protection Scheme (IPS) in the banking sector – in light of EU Capital Requirements Regulation, Chapter 10a of the Polish Banking Law and provisions on cooperative banks

Summary/Abstract: This article is devoted to a discussion of the Institutional Protection Scheme (IPS) model, in the context of both EU and national legislation. The following sections discuss the legal and economic aspects of IPS. The largest such system in Europe – the German savings bank system – is used as the main example in the paper, while the comparative analysis also covered models from Italy, Austria and Spain. With regard to Polish law, analyzed in detail were self-help mechanisms in the sector of cooperative banks, in operation since 2015, which represent modern solutions for the protection of solvency and liquidity of system participants. In addition, the article presents an interpretation of the amendment to the provisions of the Banking Law regarding the introduction, in Chapter 10a, of the possibility of creating a protection system by commercial banks. The last part of the paper is devoted to an analysis of the advantages and disadvantages of IPS, taking into account both the legislator's intentions, as well as practical comments relating to the functioning of such systems on the European market.

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