2022-07-28
Added · Updated
The Bulgarian National Bank issues this Ordinance to establish the terms and procedures for selecting independent valuers to conduct asset and liability valuations for credit institution resolution. The document defines strict eligibility criteria, including professional qualifications, financial thresholds, and conflict of interest safeguards, for both natural persons and legal entities seeking inclusion in the official list. It further details the application process, required documentation, and the Governing Council's role in managing the selection and maintenance of the valuer registry.
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Ordinance No 44 of the BNB 1
Ordinance No 44* of the BNB of 28 July 2022 on the Terms and Procedure for Selection of Independent Valuers under Article 55a of the Law on the Recovery and Resolution of Credit Institutions and Investment Firms (Published in the Darjaven Vestnik, issue 65 of 12 August 2022; amended; Darjaven Vestnik, issue 99 of 2024)
Chapter One
General Provisions
Subject
Article 1. (1) This Ordinance shall establish the terms and procedure for selection
of independent valuers by the Bulgarian National Bank (BNB) in ensuring independent valuations for the purposes of resolution pursuant to the Law on the Recovery and Resolution of Credit Institutions and Investment Firms (LRRCIIF). (2) The Bulgarian National Bank shall select independent valuers to conduct:
Unofficial translation provided for information purposes only. The Bulgarian National Bank bears no responsibility whatsoever as to the accuracy of the translation and is not bound by its contents.
2 Ordinance No 44 of the BNB
Ordinance No 44 of the BNB 3 suspension and the operational functioning of the resolution colleges (ОJ L 184, 8. 7. 2016, p. 1) to carry out a valuation under Article 1, paragraph 2;
2. is structurally separate from the relevant public authorities and the entity being assessed in accordance with Article 40 of Commission Delegated Regulation (EU)
2016/1075;
3. does not have and is not likely to have an actual or potential material interest
in common or in conflict with the relevant public authorities and the entity being assessed within the meaning of Article 41 of Commission Delegated Regulation (EU) 2016/1075. Qualifications and Experience
Article 4. (1) The independent valuer shall meet the ability and experience requirements set out in Article 3, item 1, if over the last three financial years the independent
valuer has total revenue of at least six hundred thousand levs excluding VAT or its equivalent in foreign currency, derived from:
4 Ordinance No 44 of the BNB least one person holding a senior management position, each of whom has performed or managed the performance of services under paragraph 1 over the last three years;
2. it has at least five experts, meeting the requirements set out in paragraph 2,
items 1 and 3, and at least one of them has qualification and legal capacity to carry out a valuation of financial assets and financial institutions and/or commercial undertakings and claims;
3. it applies established internal procedures and methodologies to produce valuations and reports and to check their quality;
4. it has material and technical conditions, enabling it to carry out, in a short time,
a valuation under Article 1, paragraph 2 in an efficient and quality manner.
Avoidance of Conflicting Interests
Article 5. (1) The independent valuer who is a natural person shall meet the requirements of qualifications, knowledge and resources under Article 3, item 3, if:
Ordinance No 44 of the BNB 5
6 Ordinance No 44 of the BNB institution or entity and to provide data for decision-making to increase creditors’ claims or the value of the consideration paid, while applying Article 55, paragraph 16 of the LRRCIIF;
7. a valuation 3: a valuation under Article 106 of the LRRCIIF which is conducted
after an action or a resolution action has been carried out and contains information whether shareholders and creditors would have received better treatment if the credit institution under resolution or the entity under Article 1, paragraph 1, items 3–7 of the LRRCIIF had entered into insolvency proceedings, where applicable. (2) For the purposes of the valuations under paragraph 1, the independent valuer shall apply accordingly the existing national and European legislation, including valuation methodologies referred to in Commission Delegated Regulation (EU) 2018/344 of 14 November 2017 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodologies for valuation of difference in treatment in resolution (ОJ, L 67, 9.3.2018), Commission Delegated Regulation (EU) 2018/345 of 14 November 2017 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodology for assessing the value of assets and liabilities of institutions or entities (ОJ, L 67, 9.3.2018) and Commission Delegated Regulation (EU) 2016/1401 of 23 May 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards for methodologies and principles on the valuation of liabilities arising from derivatives (ОJ, L 228, 23.8. 2016). (3) The independent valuer shall apply appropriate generally accepted valuation methodologies, standards and practices of the profession and shall use any available reliable information to perform a fair, prudent and realistic valuation. (4) Upon completion of the task assigned, the independent valuer shall submit a report describing the results of the valuation. The report shall specify the sources of information, the valuation methodology and underlying assumptions, value measurements and the conclusion about the value, detailed results, conclusions and findings in relation to each work task according to the methodology or methodologies used. List of Independent Valuers
Article 8. (1) To ensure independent valuations for resolution purposes, the BNB
shall establish and maintain a list of independent valuers. When drawing up and supplementing the list, verification for compliance of the persons with the requirements of Article 3, items 1 and 2, Articles 4 and 6 shall be carried out. (2) The selection of an independent valuer to carry out one or more valuations in relation to the resolution of a specific credit institution or entity under Article 1, paragraph 1, items 3–7 of the LRRCIIF shall be made among the valuers included in the list
Ordinance No 44 of the BNB 7 under paragraph 1. During the selection, a check shall be carried out for compliance of the persons with the requirements under Articles 3–6.
Chapter Two
Inclusion in the List of Independent Valuers
Procedure for Inclusion in the List of Independent Valuers
Article 9. (1) The procedure for inclusion in the list referred to in Article 8 shall be
carried out by a decision of the Governing Council of the BNB.
(2) By the decision under paragraph 1, the Governing Council of the BNB shall appoint a Committee and approve documentation for the procedure, which shall include:
8 Ordinance No 44 of the BNB
(2) The documents attached to the application shall be submitted in Bulgarian in the original or in a copy certified by the applicant. The applicant shall, upon request, submit the original of the verification document. (3) Documents in a foreign language shall be accompanied by a translation into Bulgarian. Official documents in a foreign language shall be accompanied by a translation into Bulgarian and legalised, where applicable. (4) A document may be replaced by a notarised declaration in the cases where the legal system of the foreign state does not provide for the issuance of such a document. This shall be certified by an official document issued by the relevant competent authorities of this state. (5) The applicant shall immediately inform the BNB in writing in case of changes in the information contained in the application and in the documents attached, occurring after the submission of the application. Documents Certifying Compliance with the Requirements for Independent Valuers
Article 12. (1) The following documents shall be presented for certifying compliance with the requirements to independent valuers:
Ordinance No 44 of the BNB 9
10. a list of the persons under Article 4, paragraph 3, items 1 and 2 for applicants
legal entities;
11. in the event that the persons under Article 4, paragraph 3, item 2 are not employed under an employment contract by the applicant legal entity, a declaration –
consent of the person to participate as an expert of the legal entity in carrying out valuations under Article 1, paragraph 2 shall be submitted;
12. a statement of the procedures and methodologies applied by the applicant in
producing valuations and reports and in checking their quality;
13. a declaration in a form that the applicant has material and technical conditions
enabling her/him to carry out valuations under Article 1, paragraph 2;
14. a declaration in a form of structural separation from the relevant public
authorities;
15. a declaration in a form that the person is not deprived of the right to pursue
a profession or activity related to the valuation of accounting, auditing or regulatory reviews in banking, for applicants natural persons and for the persons under Article 4, paragraph 3, items 1 and 2. (2) The applicant shall be ready to provide upon request copies of contracts, agreements or other documents under paragraph 1, item 4. In this case, the copies shall be provided with deleted personal data and commercial information which are not relevant to the establishment of the circumstances under Article 4, paragraph 1. Committee
Article 13. (1) A Committee under Article 9, paragraph 2 shall be appointed for
each specific procedure for completing the list under Article 8 in a composition of a chairperson, four permanent members and two reserve members. Members of the Committee shall have knowledge and experience in the field of resolution, banking, banking supervision or the conduct of procedures for selecting contractors. At least one member of the Committee shall be a qualified lawyer. (2) With regard to the members of the Committee, there shall be no conflict of interest with applicants for inclusion in the list of independent valuers. Members of the Committee shall sign a declaration according to the model on the absence of circumstances indicating the existence or suspicion of a conflict of interest. (3) Decisions of the Committee shall be taken in person by a majority of more than half of the members. (4) The meetings of the Committee and the decisions taken shall be documented with minutes, which shall be signed by the participating members. Correction of Irregularities
Article 14. The Committee under Article 9, paragraph 2 shall verify compliance
of the applications and documents thereto with the requirements under Articles 11 and 12. If irregularities are established, the Chairperson of the Committee shall no-
10 Ordinance No 44 of the BNB tify the applicant and give instructions for their correction within seven days of the communication. Assessment and Inclusion in the List of Independent Valuers
Article 15. (1) (amended; Darjaven Vestnik, issue 99 of 2024) Upon expiry of the
period for correcting the irregularities, the Committee under Article 9, paragraph 2 shall assess the applications and appendices thereto and prepare a report to the Deputy Governor heading the Banking Department proposing that the eligible applicants be included in the list under Article 8. In preparing the report, the information contained in public registers and the officially available information relevant to the assessment of compliance with the requirements under Article 3, items 1 and 2, Articles 4 and 6 shall be taken into account. (2) (amended; Darjaven Vestnik, issue 99 of 2024) On the basis of the report under paragraph 1, the Deputy Governor heading the Banking Department shall issue an order for inclusion in the list of independent valuers or shall refuse inclusion in the list, where applicable. (3) The order under paragraph 2 shall be communicated to the applicants in accordance with the procedure laid down in the Administrative Procedure Code. Contesting an Order Concerning the List of Independent Valuers
Article 16. The order under Article 15, paragraph 2 may be challenged by the
person concerned within 14 days of receipt of the communication under the Administrative Procedure Code. Framework Commitment
Article 17. The persons included in the list of independent valuers shall sign a
framework commitment to carry out valuations for resolution purposes and to comply with confidentiality requirements. Changes in the List of Independent Valuers
Article 18. (1) The persons included in the list of independent valuers shall be obliged
to notify the BNB in writing in case they have ceased to meet the requirements under
Article 3, item 2 or Article 6, or there have been changes in the identification data, legal
status, legal representation or authorisation for representation before the BNB for the purposes of this Ordinance. (2) An independent valuer may be removed from the list under Article 8 at her/his own request, deposited in writing with the BNB. Removal from the list shall not prevent the person from participating in subsequent procedures in accordance with this Chapter. (3) (amended; Darjaven Vestnik, issue 99 of 2024) The changes in the list under
Article 8, arising from the notification under paragraph 1, and the application under
paragraph 2 shall be carried out by an order of the Deputy Governor heading the Bank-
Ordinance No 44 of the BNB 11 ing Department, and this order shall be subject to notification and appeal under the Administrative Procedure Code. Exclusion from the List of Independent Valuers
Article 19. (amended; Darjaven Vestnik, issue 99 of 2024) A person in the list
under Article 8 who is found to have ceased to meet the requirements under Article 3, item 2 or Article 6 shall be excluded from the list of independent valuers by an order of the Deputy Governor heading the Banking Department, and this order shall be subject to notification and appeal under the Administrative Procedure Code. Supplementing the List
Article 20. (1) The list under Article 8 shall be supplemented by conducting new
procedures in accordance with this Chapter.
(2) A new procedure shall be mandatory if the number of the persons included in the list of independent valuers decreases below four. Publicity of the List of Independent Valuers
Article 21. Independent valuers on the list under Article 8 shall be made public on
the BNB’s website.
Chapter Three
Selection of an Independent Valuer
Powers in Relation to the Selection of an Independent Valuer
Article 22. (1) The selection of an independent valuer for the purposes of the resolution of a specific entity under Article 1, paragraph 1 of the LRRCIIF shall be carried
out on the basis of a decision of the Governing Council of the BNB, specifying the type of valuation, an estimated time limit for the performance of the independent valuer’s task and an estimated price, which includes remuneration and expenses of the valuer within the meaning of Article 39(4)(b) of Delegated Regulation (EU) 2016/1075. (2) (amended; Darjaven Vestnik, issue 99 of 2024) The procedure for selecting an independent valuer shall be managed, organised and supervised by the Deputy Governor heading the Banking Department. (3) (amended; Darjaven Vestnik, issue 99 of 2024) When conducting the selection under paragraph 1, the Governing Council of the BNB and the Deputy Governor heading the Banking Department shall be assisted by the unit under Article 2, paragraph 2 of the LRRCIIF.
12 Ordinance No 44 of the BNB
Invitation
Article 23. (1) On the basis of the decision under Article 22, paragraph 1 and the
ex officio available information, the unit under Article 2, paragraph 2 of the LRRCIIF shall carry out an inspection and identify the persons on the list under Article 8 who do not meet the requirements of Article 3, items 2 and 3 in relation to the entity for which the valuation will be made. (2) (amended; Darjaven Vestnik, issue 99 of 2024) The Deputy Governor heading the Banking Department shall send an invitation for submitting a proposal for preparing a valuation to at least two persons from the list under Article 8, for whom none of the circumstances under paragraph 1 are available. The invitation shall be sent in the manner and to the contact persons specified in the framework commitment under
Article 17.
(3) The invitation under paragraph 2 shall contain a description of the valuer’s task, the source data of the entity for which the valuation will be made, the estimated deadline for the performance of the independent valuer’s task, an estimated price, the time limit and procedure for submitting a valuation proposal, a list of necessary documents and templates of documents, if applicable. Proposal for the Conduct of the Valuation
Article 24. (1) Independent valuers who have received an invitation under Article 23 shall submit, within the time limit set to them, a binding valuation proposal
containing a price offer, a time limit for the conduct of the valuation and documents certifying the implementation of the requirements under Articles 3–6, as specified in the invitation. (2) The circumstances under Article 4, paragraph 1 shall be certified by a list of contracts, agreements or equivalent for the services rendered, indicating details of the parties to the transaction, the value and description of the service and the period during which the revenue was received. (3) The fulfilment of the requirements under Article 4, paragraph 2 shall be established by a declaration. In the event that after the date of inclusion of a natural person in the list of independent valuers there have been changes concerning the collaborators of the independent valuer, an up-to-date list of persons indicating personal data, education, qualifications, contracts, experience, agreements or equivalent shall be submitted, proving the collaborator’s commitment to the valuer’s team. The applicant shall also submit an action plan describing:
Ordinance No 44 of the BNB 13
(4) The implementation of the requirements under Article 4, paragraph 3 shall be established by a declaration. If, after the date of inclusion of a legal entity in the list of independent valuers, there have been changes concerning the persons in management positions or the experts of the independent valuer, an up-to-date list of the persons shall be submitted, accompanied by the documents referred to in Article 12, paragraph 1, items 5, 6, 7, 8, 11 and 15. The applicant shall also submit an action plan describing:
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Selection Criteria
Article 27. (1) The selection of an independent valuer for the purposes of the resolution of a specific entity under Article 1, paragraph 1 of the LRRCIIF shall be made
among the persons who meet the requirements of Articles 3–6 and have submitted in due time regular proposals for the conduct of a valuation according to a point system based on the following criteria:
Ordinance No 44 of the BNB 15
Notification
Article 30. (amended; Darjaven Vestnik, issue 99 of 2024) The Deputy Governor
heading the Banking Department shall notify the persons who submitted a proposal under Article 24 of the results of the procedure for selecting an independent valuer for the purposes of resolution of the entity under Article 1, paragraph 1 of the LRRCIIF. Selection of a Valuer in Special Cases
Article 31. (1)(amended; Darjaven Vestnik, issue 99 of 2024) In the event that no
person on the list under Article 8 meets the requirements for independence in relation to a specific credit institution or entity under Article 1, paragraph 1, items 3–7 of the LRRCIIF or has not expressed a wish to conduct a valuation within the framework of the procedure under this Chapter, the Governing Council of the BNB, upon a proposal of the Deputy Governor heading the Banking Department, may select as an independent valuer a person who is not included in the list under Article 8, but who meets all the requirements under Articles 3–6. (2) (amended; Darjaven Vestnik, issue 99 of 2024) In case of urgency within the meaning of Article 55, paragraph 12 of the LRRCIIF, the Governing Council of the BNB, upon a proposal of the Deputy Governor heading the Banking Department, may select as an independent valuer a person from the list under Article 8 who meets the requirements under Articles 3–6, without following the procedure under this Chapter. (3) Paragraph 1 may also apply in the cases where, due to an urgency, it is not possible to fully comply with the procedures under this Ordinance. (4) A contract shall be concluded with the valuer selected in accordance with paragraphs 1–3. (5) The decision of the Governing Council of the BNB to select a valuer in accordance with paragraphs 1–3 shall have immediate effect and shall not be subject to challenge separately from the appeal of the decision on taking a crisis management measure under the LRRCIIF or on applying safeguards for shareholders or creditors, for the purposes of which the independent valuation is conducted. Additional Provision § 1. Within the meaning of this Ordinance:
16 Ordinance No 44 of the BNB property, including the acquisition of units or shares, as well as granting, transfer or renunciation of rights, obtaining goods or services free of charge or at prices lower than market prices, obtaining a privilege or honour, aid, vote, support or influence, an advantage, obtaining or a promise of a job, position, gift, reward or promise to avoid a loss, liability, sanction or another adverse event.
4. ‘crisis management measure’ shall be a measure within the meaning of § 1,
item 37 of the Additional Provisions of the LRRCIIF.
5. ‘connected persons’ shall be a concept within the meaning of § 1, item 4 of the
Additional Provisions of the Law on Credit Institutions.
6. ‘structural separation’ shall be a concept within the meaning of Article 40 of
Commission Delegated Regulation (EU) 2016/1075.
7. ‘relevant entity’ shall mean a concept within the meaning of Article 37, item 2 of
Commission Delegated Regulation (EU) 2016/1075.
8. ‘relevant public authority’ shall be a concept within the meaning of Article 37,
item 3 of Commission Delegated Regulation (EU) 2016/1075. 9. ‘resolution objectives’ shall be the objectives specified in Article 50 of the LRRCIIF. Transitional and Final Provisions § 2. This Ordinance is issued on the basis of Article 55a of the Law on the Recovery and Resolution of Credit Institutions and Investment Firms and is adopted by Resolution No 270 of 28 July 2022 of the Governing Council of the Bulgarian National Bank. § 3. The first procedure under Article 9 shall be announced no later than 12 months after the entry into force of this Ordinance. Ordinance on Amendment to Ordinance No 44 on the Terms and Procedure for the Selection of Independent Valuers under
Article 55a of the Law on the Recovery and Resolution of Credit
Institutions and Investment Firms
(published in the Darjaven Vestnik, issue 99 of 2024)
........................................................
Transitional and Final Provisions
§ 2. The incumbent procedure for the inclusion in the list of independent valuers shall be completed in accordance with this Ordinance. § 3. This Ordinance is issued on the grounds of Article 55a of the Law on the Recovery and Resolution of Credit Institutions and Investment Firms and adopted by Resolution No 542 of 7 November 2024 of the BNB Governing Council.
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Source: Bulgarian National Bank — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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