2017-03-06
The Executive Board of the National Bank of Serbia issued this Decision to establish detailed conditions for managing liquidity risk by banks in Serbia. It mandates that banks maintain specific liquidity ratios, including a minimum 100% liquidity coverage ratio, and define strict eligibility criteria for liquid assets within the liquidity buffer. Additionally, the regulation requires banks to implement contingency business plans, conduct regular stress tests, and promptly report critically low liquidity levels to the regulator.
RS Official Gazette, No 103/2016 Pursuant to Article 28, paragraph 7, Article 30, paragraph 4 and Article 36 of the Law on Banks (RS Official Gazette, Nos 107/2005, 91/2010 and 14/2015) and Article 15, paragraph 1 of the Law on the National Bank of Serbia (RS Official Gazette, Nos 72/2003, 55/2004, 85/2005 – other law, 44/2010, 76/2012, 106/2012, 14/2015 and 40/2015 – CC decision), the Executive Board of the National Bank of Serbia issues the following DECISION ON LIQUIDITY RISK MANAGEMENT BY BANKS C h a p t e r I INTRODUCTORY PROVISIONS
2 7) net liquidity outflows means the amount which results from deducting liquidity inflows from liquidity outflows, set in accordance with this Decision; 8) retail deposit means a bank’s liability to a natural person (including farmers and entrepreneurs) and/or to a small- or medium-sized enterprise (SME) which is eligible for inclusion in the retail exposures class within the meaning of the decision governing capital adequacy of banks, where the aggregate deposits of the group to which such SME belongs do not exceed RSD 120,000,000; 9) financial sector entity means: a bank, an investment firm, a securitisation special purpose entity (SSPE), an open-ended investment fund, a closed-ended investment fund, an insurance undertaking, a reinsurance undertaking, a financial holding company, a mixed-financial holding company and other legal person mainly engaged in financial activity in the country or abroad; 10) stress means a sudden and severe deterioration in the liquidity and/or solvency position of a bank due to changes in market conditions and/or idiosyncratic factors as a result of which there may be a significant risk that the bank becomes unable to meet its commitments as they fall due within the next 30 days; 11) margin loans means collateralised loans extended to customers for the purpose of taking leveraged trading positions (buying new securities). C h a p t e r II MANAGING LIQUIDITY RISK 3. A bank’s liquidity level is indicated by: – liquidity ratio, – narrow liquidity ratio, – liquidity coverage ratio. 4. A critically low liquidity level shall be the liquidity level where the liquidity ratio and/or the narrow liquidity ratio is lower than one of the limits laid down in Section 9 of this Decision, and/or where the liquidity coverage ratio is below the minimum laid down in Section 14, paragraph 1 of this Decision, including under stress conditions. If the bank establishes that its liquidity level is critically low, it shall promptly notify the National Bank of Serbia thereof, not later than the following business day. Such notification shall specify the amount of the liquidity shortfall and causes of illiquidity and set out a plan for removing such causes and for the timely reaching of the minimum ratio levels referred to in paragraph 1 of this Section.
3 If the bank establishes that its liquidity coverage ratio has fallen below the prescribed minimum, in addition to meeting the obligations referred to in paragraph 2 of this Section, it shall report to the National Bank of Serbia each business day on the level of this ratio at the end of the preceding business day in the manner prescribed by the decision governing bank reporting, until the ratio reaches the level referred to in Section 14, paragraph 1 of this Decision. By way of derogation from paragraph 3 of this Section, the National Bank of Serbia may approve a lower frequency of reporting on the liquidity coverage ratio, where this is justified by specific circumstances, taking into account the scale and complexity of the bank’s operations. The National Bank of Serbia shall monitor the implementation of the bank’s plan referred to in paragraph 2 of this Section and may request that the bank comply with the minimum prescribed ratio levels set out in paragraph 1 of this Section within a deadline shorter than the one specified in the plan, where on the basis of available data it has assessed that this would be necessary for preserving the bank’s liquidity and solvency. 5. A bank shall determine and maintain an adequate liquidity buffer in accordance with the analysis of the maturity mismatch of its balance sheet liabilities and receivables and off-balance sheet items (gap analysis) for predefined periods, including a one-day period. A bank shall ensure liquidity risk management aggregately for all currencies and individually by significant currency, as well as ensure the stability and diversification of funding sources, addressing of temporary and lasting liquidity crises, and taking timely and adequate action in case of increased liquidity risk. 6. A bank shall use different liquidity risk mitigation techniques including, in addition to an adequate liquidity buffer that enables unhindered operation in extraordinary circumstances, diversified and stable sources of funding. The bank shall regularly review and harmonise these techniques. A bank shall regularly conduct stress tests, and/or sensitivity analyses and scenario analyses based on different assumptions, including doing business in extraordinary circumstances, and shall regularly review the adequacy of the assumptions used. The bank shall also include off-balance sheet items in stress tests.
4 Contingency business plan 7. In order to ensure timely and adequate action in cases of increased liquidity risk, a bank shall adopt a business plan for contingency situations (liquidity crisis), comprising in particular:
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6 11. A bank’s liabilities payable on demand or with no agreed maturity shall constitute a part of the bank’s liabilities. They shall be as follows: – 40% of demand deposits of banks, – 20% of demand deposits of other depositors, – 10% of savings deposits, – 5% of guarantees and other warranties, – 20% of undisbursed irrevocable credit facilities. For the purposes of this Decision, other liabilities of a bank falling due within a month from the calculation of the liquidity ratio shall be such bank’s liabilities with agreed maturity. 12. A bank’s liquid receivables shall be calculated at market value. Where this value cannot be determined, they shall be calculated at book value. The dinar equivalent of foreign exchange denominated liquid receivables and liabilities of a bank shall be calculated by applying the official middle exchange rate of the National Bank of Serbia as at the calculation date. Where a bank’s receivables or liabilities referred to in Section 8 of this Decision are repaid in annuities, the calculation of the liquidity ratio shall include annuities under such receivables and/or liabilities falling due within a month from the date of the calculation. C h a p t e r IV LIQUIDITY COVERAGE RATIO 13. A bank shall calculate the liquidity coverage ratio as a ratio of liquidity buffer and net liquidity outflows over a 30 day stress period. 14. Aggregately in all currencies, a bank shall maintain a liquidity coverage ratio of at least 100%. By derogation from paragraph 1 of this Section, banks may monetise their liquid assets which constitute their liquidity buffer to cover their net liquidity outflows during stress periods, even if such a use of liquid assets may result in their liquidity coverage ratio falling below 100%, in which case they shall act in accordance with Section 4 of this Decision. 15. Banks shall calculate their liquidity coverage ratio aggregately in dinars and in all other currencies in which their balance sheet positions and off-balance sheet items included in the calculation of the ratio are
7 denominated, as well as individually in each significant currency, by recalculating the amounts of all other currencies and significant currencies into dinars at the official middle exchange rate of the National Bank of Serbia as at the calculation date. A currency shall be deemed significant if the total amount of a bank’s on- and off-balance sheet liabilities denominated and payable in that currency make up 5% or more of the total amount of the bank’s liabilities. For the purpose of calculating liquidity coverage ratio, the positions in dinars indexed to a foreign currency clause shall be treated as positions in dinars without a foreign currency clause. 16. Circumstances in which a bank shall be considered as being subject to stress shall be in particular: – the run-off of a significant portion of its retail deposits; – a partial or total loss of unsecured wholesale funding capacity, including wholesale deposits and other sources of contingent funding such as received revocable or irrevocable liquidity or credit facilities; – a partial or total loss of secured, short-term funding; – additional liquidity outflows as a result of deterioration of a bank’s creditworthiness and/or a credit rating downgrade of up to three notches; – increased market volatility affecting the value of collateral or its quality or creating additional collateral needs; – unscheduled draws on liquidity and credit facilities; – potential obligation to buy-back debt or to honour noncontractual obligations (e.g. to avoid reputational risk). Part 1 Liquidity buffer 1.Requirements for inclusion of liquid assets in the liquidity buffer 17. A bank may include liquid assets irrespective of their remaining maturity in the liquidity buffer for the purpose of calculating the liquidity coverage ratio if the following requirements are met:
8 pursuant to Sections 26 to 41 of this Decision. а) General requirements for inclusion in the liquidity buffer 18. For the purpose of calculating the liquidity coverage ratio, a bank may include a liquid asset item in the liquidity buffer, if it meets the following requirements:
9 the trading venue provides for an active and sizeable market for outright sale of assets. The bank shall take into account the following to assess whether a trading venue provides for an active and sizeable market: historical evidence of market breadth and depth as proven by low bid-ask spreads, high trading volume and a large and diverse number of market participants, as well as the presence of a robust market infrastructure and other circumstances indicating the level of market development. The requirements laid down in paragraph 1, items 4) and 5) of this Section do not have to be met in case of: – the banknotes and coins referred to in Section 26, item 1) of this Decision; – the exposures to the central bank referred to in Section 26, items 2) and 4) and Section 28, paragraph 1, item 2) of this Decision; b) Operational requirements for inclusion in the liquidity buffer 19. Banks shall have procedures and limits in place to ensure that the holdings of liquid assets comprising their liquidity buffer remain appropriately diversified at all times. For these purposes, banks shall take into account the extent of diversification between the various categories of liquid assets referred to in Sections 26 to 39 of this Decision and within the same category of liquid assets and any other relevant diversification factors, such as types of issuers, counterparties or the geographical location of those issuers or counterparties. The National Bank of Serbia may impose specific restrictions or other requirements on a bank to ensure compliance with the requirements set out in paragraph 1 of this Section. Any such restriction and requirement, however, shall not apply to: –banknotes and coins referred to in Section 26, item 1) of this Decision; –level 1 liquid assets representing exposures to the central bank as referred to in Section 26, items 2) and 4) of this Decision; –level 1 liquid assets representing exposures to or guaranteed by the multilateral development banks or international organisations referred to in Section 26, item 7) of this Decision; – level 1 liquid assets representing exposures to or guaranteed by central governments, territorial autonomies, local government units or public administrative bodies referred to in Section 26, items 3) and 4) of this
10 Decision, provided that such liquid assets were issued by the Republic of Serbia, territorial autonomies, local government units and public administrative bodies from the Republic of Serbia or that the bank holds such liquid assets to cover stressed net liquidity outflows incurred in the currency of the country which issued such liquid assets. 20. Liquid assets shall be readily accessible to a bank, which means that there shall be no legal and/or other impediments to the bank’s ability to monetise such assets at any time during the 30 day stress period via outright sale in an active market or repurchase agreement on generally accepted repurchase markets. Assets used to provide credit enhancement in securitisation transactions and/or to cover operational costs of a bank shall not be considered to represent the assets referred to in paragraph 1 of this Section. Assets held in countries where there are restrictions to their free transferability shall be deemed readily accessible only insofar as the bank uses those assets to meet liquidity outflows in that country. Assets held in a non-convertible currency shall be deemed readily accessible only insofar as the bank uses those assets to meet liquidity outflows in that currency. 21. A bank shall ensure that its liquid assets are under the management of an organisational unit in charge of bank liquidity management. The bank may prove the compliance with the requirement referred to in paragraph 1 of this Section either by: – placing the liquid assets in a separate pool under the direct management of the organisational unit in charge of liquidity management and with the sole intent of using them as a source of contingent funds, including during stress periods; – putting in place internal systems and controls, and/or policies and procedures which give the organisational unit in charge of liquidity management operational control to monetise the holdings of liquid assets at any point in the 30 day stress period and to freely access the funds obtained through monetisation of those assets during the 30 day stress period without directly conflicting with any existing business or risk management strategies; – a combination of options referred to in indents one and two of this paragraph. 22. Banks shall regularly, at least once a year, monetise a sample of their holdings of liquid assets (by means of outright sale or repurchase
11 agreement on a generally accepted repurchase market) in order to test the access to the market for those assets and check that the bank’s internal process for such monetization of assets is effective. Banks shall develop strategies for disposing of samples of liquid assets which are adequate to: – test the access to the market and development of the market for that type of assets, – check that the bank’s procedures for the timely monetisation of liquid assets are effective, – minimise the risk of sending a negative signal to the market as a result of the bank’s monetizing its liquid assets during stress periods. The provisions of this Section shall not apply to the level 1 liquid assets referred to in Section 26 of this Decision, other than the extremely high quality covered bonds referred to in item 6) of that Section. 23. Banks may hedge the market risk associated with their liquid assets provided that the following conditions are met: – the bank puts in place appropriate internal arrangements in accordance with Sections 20 and 21 of this Decision to ensure that those assets continue to be readily available and under the control of the organisational unit in charge of liquidity management; – the net liquidity outflows and inflows that would result in the event of an early close-out of the hedge are taken into account in the valuation of the relevant liquid asset position in accordance with Section 25 of this Decision. 24. Banks shall ensure that the currency denomination of their liquid assets is consistent with the distribution by currency of their net liquidity outflows. However, if the National Bank of Serbia deems necessary, it may set for the bank a limit on the maximum proportion of net liquidity outflows in a currency that can be met during a stress period by holding liquid assets not denominated in that currency. The restriction referred to in paragraph 2 of this Section may only be applied to net liquidity outflows denominated in dinars and other currencies that are deemed significant within the meaning of Section 15, paragraph 2 of this Decision. In determining the restriction referred to in paragraph 2 of this
12 Section, the National Bank of Serbia shall have regard to:
13 following central governments, territorial autonomies, local government units and public administrative bodies: –the Republic of Serbia; –other countries, provided that those exposures are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing capital adequacy of banks; – territorial autonomies and local government units in the Republic of Serbia and territorial autonomies and local government units in other countries referred to in indent two of this item, provided that the respective exposures are treated as exposures to the central government of the country in which they were incorporated, in accordance with the decision governing capital adequacy of banks; – public administrative bodies in the Republic of Serbia or an EU member state referred to in indent two of this item, provided that the respective exposures are treated as exposures to the central government of the country in which they were incorporated or exposures toward a territorial autonomy or a local government unit referred to in indent three of this item, in accordance with the decision governing capital adequacy of banks; 4) assets representing exposures to and/or guaranteed by the central government or the central bank of a non-EU country which are not assigned a credit assessment which is at least credit quality step 1, in accordance with the decision governing capital adequacy of banks, provided that in this case the bank may only recognise the asset up to the amount needed to cover stressed net liquidity outflows incurred in the same currency in which the asset is denominated. Where the asset is not denominated in the domestic currency of the issuer country, the bank may only recognise the asset as level 1 liquid asset up to the amount of stressed net liquidity outflows in that country and in that other currency; 5) assets issued by: – a bank established by an EU member state or the territorial autonomy or local government unit of an EU-member state, if any exposure to this territorial autonomy or local government, as applicable, is treated as an exposure to the central government of the state in which they were incorporated in accordance with the decision governing capital adequacy of banks, and the central government and/or territorial autonomy or local government unit is under the legal obligation to protect the economic basis of the bank and maintain its financial viability throughout its life-time; – a bank whose purpose is to advance the public policy objectives of the EU, an EU member state, territorial autonomy or local government unit in an EU member state, predominantly through the provision of promotional loans on a non-competitive, not for profit basis, provided that at least 90% of the loans that it grants are guaranteed by the EU member state, territorial autonomy or local government unit of the EU member state and that any exposure to that territorial autonomy or local government unit, as applicable,
14 is treated as an exposure to the central government of the state in which they were incorporated in accordance with the decision governing capital adequacy of banks; 6) exposures in the form of extremely high quality covered bonds, which shall meet the following requirements: – covered bonds are issued by a bank established in the Republic of Serbia or an EU member state and backed by a pool of assets which, in the event of default of the issuer, would be used on a priority basis for the reimbursement of the principal and payment of the accrued interest to investors (hereinafter: the cover pool); – covered bonds and their issuer are subject to supervision by a competent government authority designed to protect bondholders; – requirements for preferential treatment in accordance with the decision governing capital adequacy of banks; – the exposures to banks in the cover pool are only exposures to banks that qualify for credit quality step 1 in accordance with the decision governing capital adequacy of banks, or, by way of derogation, credit quality step 2 in accordance with that decision, where the remaining maturity of such exposures does not exceed 100 days and where the total exposure to banks in that asset pool does not exceed 15% of the nominal amount of outstanding covered bonds; – the issuer of covered bonds submits to the bank, at least semiannually, the following information regarding the portfolio of underlying assets: the value of the cover pool and outstanding covered bonds, the geographical distribution and type of cover assets, loan size, interest rate and currency risks, the maturity structure of cover assets and covered bonds; and the percentage of loans more than ninety days past due in the cover pool; – the covered bonds issue size is at least RSD 60,000,000,000; – the covered bonds are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing capital adequacy of banks, the equivalent short-term credit assessment or, in the absence of a credit assessment by a nominated credit assessment institution, they are assigned a 10% risk weight in accordance with the decision referred to in this indent; – the cover pool meets at all times an asset coverage requirement of at least 2% in excess of the amount required to meet the claims attaching to the covered bonds; 7) assets representing exposures to and/or guaranteed by the multilateral development banks and international organisations which are assigned a 0% risk weight in accordance with the decision governing capital adequacy of banks. 27. In determining a bank’s liquidity buffer, the market value of extremely high quality covered bonds referred to in Section 26, item 6) of this decision shall be subject to a haircut of at least 7%.
15 Except for exposures in the form of units in open-ended investment funds referred to in Section 36, items 2) and 3) of this Decision, no haircut shall be required on the value of the remaining level 1 liquid assets. b) Level 2A liquid assets 28. Level 2A liquid assets shall include the following assets:
16 indent; – the cover pool meets at all times an asset coverage requirement of at least 7% in excess of the amount required to meet the claims attaching to the covered bonds, and/оr of at least 2% in excess of that amount, where the covered bonds have been assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 and do not meet the minimum issue size referred to in Section 26, item 6), indent six of this Decision, but meet the requirements from indents one to six of this item; 4) exposures in the form of covered bonds issued by banks established in non-EU countries, which shall comply with the following requirements: – the covered bonds are backed by a pool of assets and are issued by a bank established in a non-EU country or by a wholly owned subsidiary of that bank which guarantees the issue; – the issuer and the covered bonds are subject to supervision of a competent government authority of a non-EU country designed to protect bondholders, and the supervisory and regulatory requirements applied in that country must be at least equivalent to those applied in the Republic of Serbia or in an EU member state; – the covered bonds are backed by a pool of assets of one or more of the types described in paragraph 2 of this Section; – where the cover pool comprises loans secured by mortgage on immovable property, the requirements for accepting mortgage on immovable property as an eligible credit risk hedge are met in accordance with the decision governing capital adequacy of banks; – the exposures to banks in the cover pool are: exposures to banks that qualify for credit quality step 1 in accordance with the decision governing capital adequacy of banks, or, by way of derogation, at least credit quality step 2 in accordance with that decision, where the remaining maturity of such exposures does not exceed 100 days and where the total exposure to banks in the cover pool does not exceed 15% of the nominal amount of outstanding covered bonds; – the issuer of covered bonds submits to the bank, at least semiannually, the following information regarding the portfolio of underlying assets: the value of the cover pool and outstanding covered bonds, the geographical distribution and type of cover assets, loan size, interest rate and currency risks, the maturity structure of cover assets and covered bonds; and the percentage of loans more than ninety days past due in the cover pool; – the covered bonds are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing capital adequacy of banks, the equivalent short-term credit assessment or, in the absence of a credit assessment by a nominated credit assessment institution, they are assigned a 10% risk weight in accordance with the decision referred to in this indent; – the cover pool meets at all times an asset coverage requirement
17 of at least 7% in excess of the amount required to meet the claims attaching to the covered bonds, and/оr of at least 2% in excess of that amount, where their issue size is at least RSD 60,000,000,000; 5) corporate debt securities which meet the following requirements: – they are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing capital adequacy of banks or the equivalent shortterm credit assessment; – the debt securities issue size is at least RSD 30,000,000,000; – the maximum time to maturity of the securities at the time of issuance is 10 years. A bank may include exposures in the form of covered bonds issued by banks referred to in paragraph 1, item 4) of this Section in level 2A liquid assets, in accordance with indent three of that item, provided that such bonds are secured by a pool or underlying assets including one or several of the following types of assets: – exposures to and/or guaranteed by non-EU countries, central banks of those countries, multilateral development banks and international organisations assigned a credit quality step 1 credit assessment in accordance with the decision governing capital adequacy of banks; – exposures to and/or guaranteed by territorial autonomies, local government units or public administrative bodies of non-EU countries whose credit risk weight, in accordance with the decision governing capital adequacy of banks, is determined in the manner prescribed for exposures to banks or to central governments and central banks which are assigned a credit quality step 1 credit assessment; – exposures to persons referred to in indents one and two of this paragraph that have been assigned credit quality step 2 credit assessment in accordance with the decision governing capital adequacy of banks, provided that the total exposure of this kind does not exceed 20% of the nominal amount of outstanding covered bonds of the bank; – exposures secured by mortgage on residential property in the lesser of the principal amount of the receivable secured by mortgage (reduced by any prior liens) or 80% of the value of the mortgaged properties; – exposures secured by mortgage on commercial immovable property in the lesser of the principal amount of the receivable secured by mortgage (reduced by any prior liens) or 60% of the value of the mortgaged properties; – exposures secured by maritime liens on ships, if the principal amount of the receivable secured by maritime liens (reduced by any prior liens) does not exceed 60% of the value of the pledged ship. 29. In determining a bank’s liquidity buffer, the market value of level 2A
18 liquid assets referred to in Section 28 of this Decision shall be subject to a haircut of at least 15%. c) Level 2B liquid assets 30. Level 2B liquid assets shall include:
19 currency risks, the maturity structure of cover assets and covered bonds, and the percentage of loans more than 90 days past due in the cover pool; – the covered bonds issue size is at least RSD 30,000,000,000; – they are collateralised by a pool of assets consisting exclusively of exposures to and/or guaranteed by the Republic of Serbia, National Bank of Serbia, EU member states, their central banks, and/or territorial autonomies, local government units or public administrative bodies in the Republic of Serbia or an EU member state and exposures secured by mortgage on residential property in the lesser of the principal amount of the receivable secured by mortgage (reduced by the amount of any prior liens) or 80% of the value of the mortgaged properties; – the pool of underlying assets consists exclusively of exposures which qualify for a 35% or lower risk weight in accordance with the decision governing capital adequacy of banks; – the cover pool meets at all times an asset coverage requirement of at least 10% in excess of the amount required to meet the claims attaching to the covered bonds; –the issuing bank needs to publicly disclose on a monthly basis that the cover pool meets the 10% asset coverage requirement. 31. At the time of determining the liquidity buffer, the bank shall ensure that the market value of each of the level 2B liquid assets referred to in Section 30 of this Decision is subject to the following haircuts:
20 not subordinated to other tranches of the same securitisation transaction or scheme in respect of receiving principal or interest payments, without taking into account amounts due under interest rate or currency financial derivatives, fees and other similar payments, in accordance with the decision governing capital adequacy of banks; 3) securitisation exposures have been acquired by the SSPE in a manner that is enforceable against any third party and are beyond the reach of the seller (originator, sponsor or original lender) and its creditors including in the event of the seller’s insolvency; 4) the transfer of securitisation exposures to the SSPE is not subject to any clawback provisions (i.e. annulment or invalidation) with regard to the sale of assets in the jurisdiction where the seller (originator, sponsor or original lender) is incorporated. This includes but is not limited to provisions under which the sale of the securitisation exposures to an SSPE can be invalidated by the liquidator of the seller solely on the basis that it was concluded within a certain period before the declaration of the seller’s insolvency or provisions where the SSPE can prevent such invalidation only if it can prove that it was not aware of the insolvency of the seller at the time of sale; 5) the securitisation exposures have their administration governed by a servicing agreement which includes servicing continuity provisions that ensure, at a minimum, that a default or insolvency of the servicer does not result in a termination of servicing; 6) the documentation governing the securitisation includes continuity provisions that ensure, at a minimum, the replacement of derivative counterparties and of liquidity providers upon their default or insolvency, where applicable; 7) the securitisation position is backed by a pool of homogeneous securitisation exposures, which all belong to only one of the following subcategories: – residential loans secured with a first-ranking mortgage granted to natural persons for the acquisition of residential property which shall be the place of their permanent residence, provided that the loans in the pool of securitisation exposures meet on average the requirement that the loan amount must not exceed 80% of the market value of the mortgaged residential property or that the national law of the state where the loans were originated provides for a loan-to-income limit on the amount that an obligor may borrow in a residential loan (this limit is calculated on the gross annual income of the obligor, taking into account the tax obligations and other commitments of the obligor and the risk of changes in the interest rates over the term of the loan. For each residential loan in the pool of securitisation exposures, the percentage of the obligor’s gross income that may be spent to service the loan, including interest, principal and fee payments, does not exceed 45%); – commercial loans, lease agreements and credit facilities to
21 companies established in the Republic of Serbia or an EU member state to finance capital expenditures or business operations other than the acquisition or development of commercial real estate, provided that at least 80% of the borrowers in the pool of securitisation exposures in terms of portfolio balance are small and medium-sized enterprises at the time of issuance of the securitisation, and none of the borrowers is a bank or an investment firm; – loans for the purchase of cars or other motor vehicles (including agricultural and forestry tractors, trailers, motorcycles, motor tricycles and tracked vehicles) and agreements on leasing of such vehicles to borrowers resident in the Republic of Serbia or an EU member state, secured with a first-ranking charge over the vehicle, vehicle insurance policy or an appropriate guarantee in favour of the SSPE, such as a retention of title provision; – loans and credit facilities to natural persons resident in the Republic of Serbia or an EU member state for personal, family or household consumption purposes; 8) the securitisation position is not in a resecuritisation or a synthetic securitisation within the meaning of the decision governing capital adequacy of banks; 9) the securitisation exposures do not include transferable financial instruments or derivatives, except financial instruments issued by the SSPE itself or other parties within the securitisation structure and derivatives used to hedge currency risk and interest rate risk; 10) at the time of issuance of the securitisation or when incorporated in the pool of securitisation exposures at any time after issuance, the securitisation exposures do not include exposures to credit-impaired obligors (or exposures to credit-impaired guarantors), where a credit-impaired obligor (or credit-impaired guarantor) is a borrower (or guarantor): – in respect of whom bankruptcy has been initiated, or who has agreed with his creditors to a debt dismissal or reschedule or had a court grant his creditors a right of enforcement or material damages as a result of a missed payment within three years prior to the date of origination of securitisation; – who is registered in the Credit Bureau or another official registry of borrowers as a borrower with adverse credit history; – who has a credit assessment by a nominated credit assessment institution or has a credit score indicating a significant risk that contractually agreed payments will not be made compared to the average obligor for this type of loans in the relevant jurisdiction; 11) at the time of issuance of the securitisation or when incorporated in the pool of securitisation exposures at any time after issuance, the securitisation exposures do not include exposures in default within the meaning of the decision governing capital adequacy of banks; 12) securitisation payments shall meet the following requirements: – repayments of the securitisation positions shall not have been
22 structured to depend, predominantly, on the sale of assets securing the underlying exposures, but this does not prevent such exposures from being subsequently rolled-over or refinanced, – where the securitisation has been set up without a revolving period or the revolving period has terminated and where an enforcement or an acceleration notice has been delivered, principal receipts from the securitisation exposures are passed directly to the holders of securitisation positions via sequential amortisation of the securitisation positions and no substantial amount of cash is trapped in the SSPE on each payment date, – where the securitisation has been set up with a revolving period, the transaction documentation provides for appropriate early amortisation events, which shall include at minimum a deterioration in the credit quality of the securitisation exposures, a failure to generate sufficient new underlying exposures of at least similar credit quality and the occurrence of an insolvency-related event with regard to the originator or the servicer, 13) by the time of issuance of the securitisation, the borrowers (or, where applicable, the guarantors) shall have made at least one payment in respect of the securitisation exposure, except where the securitisation exposure is backed by credit facilities referred to in item 7), indent four of this Section; 14) with respect to such securitisation position, the originator, sponsor or original lender of the securitisation shall comply with the securitisation requirements set out in the decision governing capital adequacy of banks and disclose information on the credit quality and performance of the securitisation exposures, the structure of the transaction, the cash flows and collateral supporting the exposures, as well as any information that is necessary for investors to conduct comprehensive stress tests; 15) the securitisation exposures shall not have been originated by the bank holding the securitisation position in its liquidity buffer, its subsidiary, its parent undertaking, a subsidiary of its parent undertaking or any other entity linked with that bank; 16) the issue size of the tranche which includes securitisation exposures shall be at least RSD 12,000,000,000; 17) the remaining weighted average life of the tranche shall be five years or less, which shall be calculated using the lower of either the transaction's pricing prepayment assumption or a 20% constant prepayment rate, for which the bank shall assume that the call is exercised on the first permitted call date; 18) the originator of securitisation exposures underlying the securitisation shall be a bank or other legal person mainly engaged in financial activity in the country or abroad whose principal activity does not include deposit taking, services related to lending and custody services. 33. In the case of securitisations where the securitisation exposures are residential loans referred to in Section 32, item 7), indent one of this
23 Decision, the pool of underlying exposures shall not include any loan that was marketed or underwritten on the premise that the loan applicants (or, where applicable intermediaries) were made aware that the information provided might not be verified and confirmed by the lender. In the case of securitisations referred to in paragraph 1 of this Section, the assessment of the borrower’s creditworthiness shall meet the following requirements:
24 the law on the protection of financial service consumers which regulate mandatory assessment of borrower’s creditworthiness or other regulations in the relevant law that regulate the assessment of the borrower’s creditworthiness in another appropriate way; 2) if the creditor decides to grant an additional amount of credit to the borrower after the conclusion of the credit agreement, the creditor shall update the information necessary for the assessment of the borrower’s creditworthiness and re-assess the borrower’s creditworthiness before granting a new amount of credit. 34. At the time of determining the liquidity buffer, the bank shall subject the market value of level 2B securitisation positions to the following minimum haircuts:
25 exposures in the form of units in open-ended investment funds, depending on the category of underlying liquid assets of the investment fund:
26 – the depository which is a bank or another financial sector entity, provided that the fund invests exclusively in securities and deposits all such securities at this depository; – for other investment funds which do not meet the requirement set out in indent one of this paragraph, the investment fund management company, provided that the management company is subject to supervision by a competent regulatory authority in the Republic of Serbia and/or an EU member state, or to supervision by a competent regulatory authority of a nonEU country if such supervision is carried out in compliance with European Union regulations and there is adequate cooperation between the National Bank of Serbia and such competent authority. The bank shall prove the circumstances from paragraph 2 of this Section to the National Bank of Serbia. 39. Where a bank ceases to comply with the requirements laid down in Section 38 of this Decision in relation to exposures in the form of units in open-ended investment funds, it shall exclude such exposures from the liquidity buffer for the purpose of calculating the liquidity coverage ratio in accordance with Section 41 of this Decision. 2. Composition of the liquidity buffer 40. The bank shall at all times comply with the following limits in relation to the composition of the liquidity buffer:
27 criteria for inclusion in liquid assets laid down in Sections 26 to 39 of this Decision, the bank shall exclude such assets from the calculation of the liquidity buffer by the next reporting date in accordance with the decision governing reporting of banks, but no later than 30 days from the date when the breach of requirements occurred. Part 2 Net liquidity outflows 42. The net liquidity outflows shall be the sum of liquidity outflows in Subpart 1 of this Part reduced by the sum of liquidity inflows in Subpart 2 of this Part, but shall not be less than zero. The sum of liquidity inflows referred to in paragraph 1 of this Section shall be calculated as the sum of:
28
29 deposits with a residual maturity of less than 30 days and/or retail deposits due for payment within the next 30 days. 46. Banks may exclude from the calculation of liquidity outflows all or a portion of retail deposits which meet one of the following two requirements:
30 – its return is derived from the return on a market index or set of indices; – its return is derived from any market variable other than a floating interest rate; 4) the deposit was originally placed as fixed-term with an expiry date maturing within the 30 day period or the deposit presents a fixed notice period shorter than 30 days, other than those deposits that meet the requirements referred to in Section 46 of this Decision; 5) the depositor is a non-resident or the deposit is not denominated in dinars, euros or the currency of an EU member state. 49. Where a retail deposit or a portion thereof does not fulfil the criteria for applying the outflow rate under Sections 47 and 48 of this Decision and its amount is insured with the Deposit Insurance Agency, such retail deposit or a portion thereof shall be considered as stable and subject to a 5% outflow rate if the depositor has an established relationship with the bank making withdrawal less likely, or if the deposit is held in a current account. The depositor shall be considered to have an established relationship with the bank making withdrawal less likely if he meets at least one of the following criteria:
31 relationship with the bank, if such deposits meet the criteria referred to in Section 53 of this Decision. By way of derogation from paragraph 1 of this Section, banks shall apply the 5% outflow rate to the portion of the deposit referred to in item 1) of this Section which is insured with the Deposit Insurance Agency. The deposits referred to in paragraph 1 of this Section shall only include deposits which have legal or operational limitations that make their withdrawals within 30 days unlikely. Only that part of the balance in the deposit accounts with the bank which is needed for the performance of the client’s operational activities shall be considered operational, while the excess shall be considered as nonoperational, and the portion that the client may withdraw while still having sufficient money in the account to make ready use of clearing, custody, cash management or similar services shall not be considered an operational deposit. For the purposes of this Section, clearing services shall mean services that enable clients to transfer funds or securities via direct participants in the domestic payment system or the securities settlement system to final recipients, where these services are limited to transferring, reconciling and confirming of payment orders, daylight overdrafts, overnight funding and maintaining assets after the settlement transaction, and establishing of intraday positions and final positions for settlement. Clearing services and related services are provided on the basis of a contract with institutional investors. For the purposes of this Section, custody services shall mean the holding and safekeeping of the client’s assets, client notification, asset management and/or the provision of operational or administrative services at the client’s request in relation to transactions with financial assets. Custody services are provided on the basis of a contract with institutional investors and are limited to: securities settlement transactions, transfer of contractually agreed payments, processing of collaterals, execution of transactions in a foreign currency, holding of monies and fees for surplus cash management services, and may also include the collection of dividends and other income, payment and collection of client’s claims, agreed distribution of client’s assets and payment of fees, taxes and other costs. For the purposes of this Section, cash management services shall mean cash management services and related services provided to clients, on the basis of a contract with institutional investors. Cash management services shall relate to those products and services that are provided to clients for the purpose of managing their cash flows, assets and liabilities and executing
32 financial transactions needed for the purpose of their current operational activities, as well as: provision of information on managing the client’s financial transactions, payment of remittances, collection or consolidation of documentation relating to payrolls, control of asset distribution, automatic payments and other transactions that facilitate the performance of financial operations or the establishing of information systems for these purposes. 52. Deposits arising out of a correspondent banking relationship or from the provision of prime brokerage services shall not be treated as an operational deposit and shall receive a 100% outflow rate. 53. In order for a deposit to be considered the deposit referred to in Section 51, paragraph 1, item 2) of this Decision, it shall meet the following criteria:
33 banks or public administrative bodies, to the extent they are not considered operational deposits under Section 51 of this Decision. By way of derogation from paragraph 1 of this Section, banks shall apply the outflow rate of 20% to the portion of the deposit referred to in that paragraph which is insured with the Deposit Insurance Agency. 55. Banks shall apply the 0% outflow rate to liabilities resulting from the bank’s own operating expenses. 56. Banks shall apply the following outflow rates to liabilities resulting from repo agreements, securities or commodities lending transactions, and margin lending transactions maturing within 30 days:
34 57. Collateral swaps that mature within the next 30 days shall lead to an outflow for the excess liquidity value of the assets borrowed compared to the liquidity value of the assets lent unless the counterparty is a central bank in which case a 0% outflow shall apply. The liquidity value of assets that qualify for inclusion in the liquidity buffer in accordance with Part 1 of this Chapter shall mean the value of such assets determined in accordance with Section 25 of this Decision. The liquidity value of assets that do not qualify for inclusion in the liquidity buffer shall be considered to be zero. 58. Banks shall apply a 100% outflow rate to all notes, bonds and other debt securities issued by the bank, unless the bond is sold exclusively in the retail market and held in a retail account, in which case those instruments can be treated as the appropriate retail deposit category, on the sole condition that those instruments cannot be bought and held by parties other than retail customers. Additional liquidity outflows 59. Collaterals posted by the bank for contracts on financial and credit derivatives, other than the assets referred to in Section 26, items 1) to 5) and item 7) of this Decision, shall be subject to an outflow rate of 20%. Collaterals in the form of the extremely high quality covered bonds referred to in Section 26, item 6) of this Decision, posted by the bank for contracts on financial and credit derivatives, shall be subject to an outflow rate of 10%. 60. Where a bank has entered into contracts the contractual conditions of which may lead within 30 days and in the event of a deterioration of the credit quality of the bank and/or a downgrade in its credit assessment by three notches to additional liquidity outflows or collateral needs, the bank shall apply a 100% outflow rate to such outflows and/or additional collateral. 61. The bank shall determine and add to total liquidity outflows an additional outflow corresponding to additional collateral needs that would result from the impact of an adverse market scenario on derivatives transactions, securities financing transactions or other contracts, if material. The transactions referred to in paragraph 1 of this Section shall be deemed material if their notional amounts exceeded 10% of liquidity outflows of the bank at any time in the preceding two years. In order to calculate the additional liquidity outflows referred in paragraph 1 of this Section, banks shall collect the fair value amount of collateral posted for all derivatives contracts for each day in the preceding two
35 years, and shall use as additional outflow the largest difference in collateral posted within two consecutive periods of 30 days during the preceding two years. 62. Banks shall take inflows and outflows expected over 30 days from the derivatives contracts into account on a net basis in accordance with Section 42, paragraphs 5 and 6 of this Decision. When calculating net amounts, banks shall not take into account the additional liquidity requirements referred to in Sections 59 to 61 of this Decision. If the bank establishes a net liquidity outflow resulting from a derivative contract during the netting referred to in paragraph 1 of this Section, it shall apply a 100% outflow rate to the result. 63. The bank shall determine and add to total liquidity outflows an additional liquidity outflow obtained by applying a 100% outflow rate to the market value of securities or other assets sold short and to be delivered by the bank within 30 days. The additional outflow referred to in paragraph 1 of this Section shall not be calculated if the bank owns the securities to be delivered or has borrowed them at terms requiring their return only after 30 days and the securities are not included in the calculation of the liquidity buffer. If the short sale is covered by an existing collateralised securities financing transaction, in accordance with the decision governing capital adequacy of banks, it shall be assumed that the obligation to return the securities sold short shall not be due within 30 days and a 0% outflow rate shall be applied. 64. The bank shall determine and add to total liquidity outflows an additional liquidity outflow corresponding to 100% of:
36 backed securities, covered bonds and other similar instruments maturing within 30 days, when these instruments are issued by the bank itself and/or by SSPEs sponsored by the bank. 67. Banks shall assume a 100% outflow rate for loss of funding on assetbacked commercial papers, asset-backed commercial papers programmes, securities investment vehicles and other such financing facilities. This outflow rate shall apply to the maturing amount of liabilities or to the amount of assets that could potentially be returned. 68. Assets borrowed on an unsecured basis and maturing within 30 days shall be assumed to run-off in full, leading to a 100% outflow of liquid assets, unless the bank owns the securities and they do not form part of the bank’s liquidity buffer. 69. In relation to the provision of brokerage services, where a bank has financed the assets of one client by internally netting them against the short sales of another client, such transactions shall be subject to a 50% outflow rate. Credit and liquidity facilities 70. For the purposes of this Subpart, a liquidity facility shall be understood to mean any irrevocable and conditionally revocable committed, undrawn facility that would be used to refinance the debt obligations of a customer in situations where such a customer is unable to obtain regular funding requirements in financial markets. The amount of the liquidity facility referred to in paragraph 1 of this Section shall be calculated as the amount of debt issued by the customer currently outstanding and maturing within 30 days that is backstopped by the facility. The portion of the liquidity facility that is backing a debt that does not mature within this period shall be excluded from the calculation of the amount of the liquidity facility. All facilities and/or portions of liquidity facilities which have a purpose different from the purpose referred to in paragraph 1 of this Section shall be considered credit facilities. General working capital facilities for companies shall be considered credit facilities. Banks shall calculate liquidity outflows for irrevocable and conditionally revocable credit and liquidity facilities by multiplying the amount of the credit and liquidity facilities by the corresponding outflow rates set out in Sections 71 to 75 of this Decision.
37 The amount of facilities referred to in paragraph 5 of this Section shall be determined as the maximum undrawn amount that can be drawn down within 30 days, net of any liquidity outflows for the trade finance offbalance sheet items referred to in Section 77, item 8) of this Decision, if the customer agreed on such product with the bank, and net of any collateral made available to the bank by the customer under such facility and valued in accordance with Section 25 of this Decision, provided that the collateral fulfils the following conditions: – it may be reused or hypothecated by the bank; – it qualifies as liquid assets, but is not recognised as part of the liquidity buffer for the purpose of calculating the liquidity coverage ratio; – it does not consist in assets issued by the counterparty of the credit or liquidity facility or one of its related persons. Where the necessary information is available to the bank, the maximum undrawn amount that can be drawn down for irrevocable or conditionally revocable credit or liquidity facilities shall be determined taking into account the borrower’s own obligations and/or given the pre-defined drawdown schedule coming due over 30 days. 71. The amount of irrevocable or conditionally revocable credit or liquidity facilities referred to in Section 70, paragraph 6 of this Decision shall be multiplied by the outflow rate of 5% if these are facilities approved to the natural person or the small- or medium-size enterprise referred to in Section 2, item 8) of this Decision. 72. The amount of irrevocable or conditionally revocable credit facilities referred to in Section 70, paragraph 6 of this Decision shall be multiplied by the outflow rate of 10% where they meet the following conditions: – the counterparty is not the natural person and/or the small- or medium-sized enterprise referred to in Section 2, item 8), of this Decision; – they have been provided to clients that are not financial sector entities, including credit facilities approved to companies, central government, territorial autonomy, local government unit, central bank, multilateral development bank or public administrative body; – they have not been provided for the purpose of replacing funding of the client in situations where the client is unable to obtain funding requirements in the financial market. 73. The amount of irrevocable or conditionally revocable liquidity facilities referred to in Section 70, paragraph 6 of this Decision shall be multiplied by the outflow rate of 30% where they meet the conditions referred to in Section 72, indents one and two of this Decision. 74. The undrawn amount of an irrevocable or conditionally revocable
38 liquidity facility that has been provided to an SSPE for the purpose of enabling such an SSPE to purchase assets, other than securities from clients that are not financial sector entities, shall be multiplied by 10% to the extent that it exceeds the amount of assets currently purchased from clients and where the maximum amount that can be drawn down is contractually limited to the amount of assets currently purchased. 75. The bank shall multiply the amount of irrevocable or conditionally revocable credit or liquidity facilities referred to in Section 70, paragraph 6 of this Decision by the corresponding outflow rates as follows:
39 be cancelled unconditionally at any time without notice; 3) 5% for the undrawn amount of credit card limits, where they may be considered unconditionally cancellable; 4) 7% for the undrawn amount of current account overdrafts, where they may be considered unconditionally cancellable; 5) 100% for the amount of loans secured by mortgage on immovable property that have been agreed but not yet drawn down; 6) 100% for the amount of planned outflows related to extension of new or renewal of existing retail and wholesale loans, where the planned outflows shall be assessed assuming a 30 day stress period, in accordance with Section 16 of this Decision; 7) 100% for the amount of planned derivative payables, where the planned outflows shall be assessed assuming a 30 day stress period, in accordance with Section 16 of this Decision; 8) 5% for trade finance off-balance sheet related products. 78. The bank shall apply a 100% outflow rate to all liquidity outflows from obligations maturing within 30 days which are not referred to in Sections 45 to 77 of this Decision. 2. Liquidity inflows 79. Liquidity inflows shall be assessed over a period of 30 days and comprise contractual inflows from claims that are not past due for more than five days and for which the bank has no reason to expect non-performance within 30 days. Banks shall not include inflows from the bank’s assets included in the liquidity buffer in liquidity inflows for the purpose of calculating the liquidity coverage ratio, other than payments due on the assets that are not reflected in the market value of the asset in the bank’s liquidity buffer. Inflows from any new obligations entered into by the bank shall not be included in liquidity inflows for the purpose of calculating the liquidity coverage ratio. Banks shall take liquidity inflows from claims which are to be received in countries where there are transfer restrictions or which are denominated and to be settled in nonconvertible currencies into account when calculating the liquidity coverage ratio only to the extent that they correspond to outflows respectively in the country or currency in question. 80. Bank’s receivables referred to in Section 79, paragraph 1 of this Decision shall receive a 100% inflow rate, including in particular the following inflows:
40 2) receivables from financial sector customers (in respect of securities maturing within 30 days, self-liquidating short-term trade financing transactions connected to the exchange of goods and services maturing within 30 days, etc.); 3) receivables from positions in indexes of equity instruments which are due within 30 days (e.g. dividends and cash due from such equity instruments sold but not yet settled), provided that they are not recognised as both liquidity inflows and liquidity buffer. 81. By way of derogation from Section 80 of this Decision:
41 30 days, the bank shall assume that such transactions and/or contracts will be rolled-over and will not give rise to any liquidity inflows reflecting its need to continue to cover the short position and/or to re-purchase the relevant securities. Short positions include both instances where in a matched book the bank sold short a security outright as part of a trading or hedging strategy and instances where the bank is short a security in the matched repo book and has borrowed a security for a given period and lent the security out for a longer period; 7) any undrawn credit or liquidity facilities extended to the bank, other than facilities extended by central banks and those referred to in Section 85 of this Decision, shall not be included in liquidity inflows for the purpose of calculating the liquidity coverage ratio; 8) receivables from securities issued by the bank itself or by its related person shall be disclosed on a net basis, where the inflow rate to be applied shall be determined depending on the type of counterparty in accordance with items 1) to 7) of this Section; 9) assets with an undefined contractual end date, where the bank may withdraw funds and/or request payment within 30 days, shall be subject to a 20% inflow rate; 10) liquidity inflows and outflows expected from derivatives contracts over 30 days shall be calculated on a net basis in accordance with Section 42, paragraphs 5 and 6 of this Decision. If the bank establishes net liquidity inflow from a derivatives contract during such netting, it shall apply a 100% inflow rate to such inflow. Cap on liquidity inflows 82. Banks shall limit the amount of liquidity inflows taken into account for the calculation of the liquidity coverage ratio to 75% of total liquidity outflows calculated as defined in Subpart 1 of this Part, except for liquidity inflows in accordance with Section 83 of this Decision. 83. Subject to the prior approval of the National Bank of Serbia, the bank may fully or partially exempt from the cap referred to in Section 82 of this Decision the following inflows:
42 Serbia; and – there are no impediments to the withdrawal of deposited bank funds. When applying for the approval referred to in paragraph 1 of this Section, the bank shall submit documentation on the type of inflows for which exemption from the cap referred to in Section 82 of this Decision is requested to the counterparty and/or provider of funding, as well as documentation proving the fulfilment of the conditions referred to in paragraph 1, item 2) of this Section. 84. The bank shall calculate the amount of the net liquidity outflows under the application of the cap referred to in Section 82 of this Decision in accordance with the formula laid down in Part 4 of this Chapter. 85. By way of derogation from Section 81, item 7) of this Decision, the National Bank of Serbia may authorise the bank to apply a higher inflow rate for undrawn credit or liquidity facilities extended to the bank when all of the following conditions are fulfilled:
43 with Sections 87 and 88 of this Decision. 87. The excess liquid assets amount shall be comprised of the following components:
44 5) the sum of the amounts from items 1) to 4) of this paragraph; 6) 100/30 times the amount from item 1) of this paragraph; 7) 100/60 times the sum of the amounts from items 1) and 2) of this paragraph; 8) 100/85 times the sum of the amounts from items 1), 2) and 3) of this paragraph. 89. The composition of the liquidity buffer after taking into account the effects of the unwind of securities financing transactions, in accordance with the decision governing capital adequacy of banks, and collateral swaps that mature within the next 30 days and the application of caps in accordance with Section 40 of this Decision shall be determined as follows: a" (the adjusted amount of level 1 liquid assets, without extremely high quality covered bonds, after cap application) = a (the adjusted amount of level 1 liquid assets, without extremely high quality covered bonds, before cap application) b" (the adjusted amount of level 1 liquid assets in the form of extremely high quality covered bonds after cap application) = min (b, a*70/30), where b (the adjusted amount of level 1 liquid assets in the form of extremely high quality covered bonds before cap application) c" (the adjusted level 2A liquid assets amount after cap application) = min (c, (а+b")40/60, max(a70/30-b",0)) where c (the adjusted level 2A liquid assets amount before cap application) d" (the adjusted level 2B liquid assets amount after cap application) = min (d, (а+b"+c")*15/85, max((а+b")40/60-c",0), max(a70/30-b"- c",0)) where d (the adjusted level 2B liquid assets amount before cap application). Part 4 Formula for the calculation of the net liquidity outflow 90. Net liquidity outflow shall equal total liquidity outflows reduced by the amount of liquidity inflows exempted from the cap referred to in Section 82 of this Decision, in accordance with Section 83 of the Decision, and liquidity inflows subject to the cap referred to in Section 82 of the Decision.
45 The net liquidity outflows referred to in paragraph 1 of this Section shall be determined by applying the following formula: NLO = TO – min(IEC, TO) – min (IC, 0,75*max(TO – IEC, 0)) Where: NLO – net liquidity outflow; TO – total liquidity outflows; IEC – inflows exempted from the cap referred to in Section 82 of this Decision in accordance with Section 83 of the Decision; IC – inflows subject to the cap referred to in Section 82 of this Decision. TRANSITIONAL AND FINAL PROVISIONS 91. By way of derogation from Section 14 of this Decision, the bank shall maintain the liquidity coverage ratio at a level of at least 80%, aggregately in all currencies, until 31 December 2017, after which it shall maintain the ratio at a level of at least 100%. 92. Pending adoption of a separate law on securitisation, banks may not engage in the activity of originator, sponsor or original lender in securitisation. 93. The bank shall test the application of the provisions of this Decision in order to be ready to fully adjust its operations to these provisions. The bank shall notify the National Bank of Serbia of the results of the testing by submitting the reports prescribed by the decision governing the reporting by banks, with data as at 31 December 2016, by no later than 20 April 2017. 94.This Decision shall enter into force on the eight day from the day of publication in the RS Official Gazette and shall be applied as of 30 June 2017. NBS Executive Board No 104 Chairperson 15 December 2016 of the NBS Executive Board B e l g r a d e G o v e r n o r of the National Bank of Serbia Dr Jorgovanka Tabaković