2018-01-01
Národná banka Slovenska issued Decree No 10/2018 to establish detailed requirements for the Register of Bank Loans and Guarantees, mandating that banks and the Export-Import Bank provide granular credit and counterparty data. The decree specifies the exact data fields, reporting frequencies, and submission deadlines for instruments involving legal entities and natural persons, aligning with ECB Regulation 2016/867. It also outlines procedures for client access to register data, including associated fees and transitional provisions effective from September 2018.
1 10 DECREE of Národná banka Slovenska of 21 August 2018 on the Register of Bank Loans and Guarantees Národná banka Slovenska, in accordance with Article 38(8) of Act No 483/2001 Coll. on banks (and amending certain laws), as amended (hereinafter ‘the Act’), has adopted this Decree: Article 1 (1) In accordance with Article 38(1) of the Act, the Register of Bank Loans and Guarantees (hereinafter the ‘Register’) shall contain data provided by banks, foreign bank branches, and the Export-Import Bank of the Slovak Republic, and data provided on the basis of information and documentation referred to in Article 38(7) of the Act. (2) Information and documentation referred to in Article 38(7) of the Act, concerning entrepreneurs and legal entities, shall be provided to the Register from: (a) the Register of Legal Entities, Entrepreneurs, and Public Bodies and Their Identifiers 1 (hereinafter the ‘Register and Legal Entity Identifiers’) to the extent specified in Annex 1, column 1; (b) the Register of Organisations, 2 to the extent specified in Annex 1, column 2; (c) the Register of Financial Statements, 3 to the extent specified in Annex 1, column 3; (d) the database of Legal Entity Identifiers (LEI),4 to the extent specified in Annex 1, column 4; (e) the database of the Social Insurance Agency, 5 to the extent specified in Annex 1, column 5. (3) Where the information and documentation under paragraph (2) were not provided to the extent specified in paragraph (4), or are not correct, complete or up to date, they shall be provided to the Register in accordance with a separate regulation6 by banks, foreign bank branches, and the Export-Import Bank of the Slovak Republic. (4) The following data are provided to the Register: (a) data on legal entity entrepreneurs, other legal entities, and funds under a separate regulation7 where they are entities under a separate regulation8 in a reporting Member State as defined in a separate regulation9 and are an entity affiliated with an instrument under paragraph (5)(a); the extent of these data is specified in Annex 2, according to the position of the entity or fund as referred to in paragraph (8); (b) data on legal entity entrepreneurs, other legal entities, and funds under a separate regulation7 where they are not entities under a separate regulation8 in a reporting Member State as defined
1 Article 2 of Act No 272/2015 Coll. on the Register of Legal Entities, Entrepreneurs, and Public Bodies (and amending certain laws). 2 Article 20(1)(a) of Act No 540/2001 Coll. on state statistics, as amended by Act No 55/2010 Coll. 3 Article 23 of Act No 431/2002 Coll. on accounting, as amended. 4 Article 7(30) of Act No 566/2001 Coll. on securities and investment services (and amending certain laws) (the Securities Act), as amended by Act No 237/2017 Coll. 5 Article 226(1)(e) of Act No 461/2003 Coll. on social insurance, as amended; 6 Regulation (EU) of the European Central Bank 2016/867 of 18 May 2016 on the collection of granular credit and credit risk data (ECB/2016/13) (OJ L 144, 1.6.2016). 7 Act No 43/2004 Coll. on the old-age pension scheme (and amending certain laws), as amended. 8 Article 1, point (2) of Regulation (EU) No 2016/867. 9 Article 1, point (1) of Regulation (EU) No 2016/867.
2 in a separate regulation9 and are an entity affiliated with an instrument under paragraph (5)(a); the extent of these data is specified in Annex 3, according to the position of the entity or fund as referred to in paragraph (8); (c) data on legal entity entrepreneurs, other legal entities, and funds under a separate regulation7 where they are an entity affiliated with an instrument under paragraph (5)(b) to (e); the extent of these data is specified in Annex 4, according to the position of the entity or fund as referred to in paragraph (8)(a) to (f). (5) The following data are provided to the Register: (a) data on instruments under a separate regulation10 of legal entity entrepreneurs, other legal entities, and funds under a separate regulation7 where the instrument is provided by a bank or a foreign bank branch; the extent of the data on these instruments is specified in Annex 5, columns 1 to 5, (b) data on instruments under a separate regulation11 of legal entity entrepreneurs, other legal entities, and funds under a separate regulation7 where the instrument is provided by a bank or a foreign bank branch and has a threshold value of EUR 0, except for unauthorised overdrafts with a threshold value of EUR 250; the extent of the data on these instruments is specified in Annex 5, column 6; (c) data on instruments under a separate regulation11 of natural person entrepreneurs where the instrument is provided by a bank, a foreign bank branch or the Export-Import Bank of the Slovak Republic and has a threshold value of EUR 0, except for unauthorised overdrafts with a threshold value of EUR 250; the extent of the data on these instruments is specified in Annex 5, column 6; (d) data on instruments under a separate regulation11 of entrepreneurs, other legal entities, and funds under a separate regulation7 where the instrument is provided by the Export-Import Bank of the Slovak Republic and has a threshold value of EUR 0, except for unauthorised overdrafts with a threshold value of EUR 250; the extent of the data on these instruments is specified in Annex 5, column 6; (e) data on off-balance sheet instruments which are loan commitments, guarantees or letters of credit of entrepreneurs, other legal entities, and funds under a separate regulation7 where the instrument is provided by a bank, a foreign bank branch or the Export-Import Bank of the Slovak Republic and has a threshold value of EUR 0; the extent of the data on these instruments is specified in Annex 5, column 7. (6) Data referred to in paragraphs (3) and (4) are provided to the Register as counterparty12 reference data specified in Annex Nos 2 to 4. (7) Data under paragraph (5) are provided to the Register to the extent referred to in Annex 5, as follows: (a) in table 1 – instrument data; (b) in table 2 – financial data; (c) in table 3 – counterparty-instrument data; (d) in table 4 – joint liabilities data; (e) in table 5 – accounting data; (f) in table 6 – protection received data; (g) in table 7 – instrument-protection received data; (h) in table 8 – counterparty risk data;
10 Article 1, point (23) and Article 5 of Regulation (EU) No 2016/867. 11 Article 1, point (23) of Regulation (EU) No 2016/867. 12 Article 1, point (10) of Regulation (EU) No 2016/867.
3 (i) in table 9 – counterparty default data. (8) For the purposes of paragraph (4), a position means: (a) reporting agent; (b) observed agent; (c) creditor; (d) debtor – all instruments originated prior to 1 September 2018; (e) debtor – at least one instrument originated at or after 1 September 2018; (f) protection provider; (g) head office undertaking; (h) immediate parent undertaking; (i) ultimate parent undertaking; (j) originator; (k) servicer. Article 2 (1) Data referred to in Article 1(3) and (4) on new counterparties shall be provided to the Register on a monthly basis, no later than the 15th day of the calendar month after the reporting reference date under a separate regulation13 as at which the data are provided. (2) Data referred to in Article 1(3) and (4) on counterparties appearing in a new position under Article 1(8), in a greater scope of data under Article 1(3), shall be provided on a monthly basis, no later than the 15th day of the calendar month after the reporting reference date under a separate regulation13 as at which the data are provided. (3) Data referred to in Article 1(3) and (4) on counterparties whose data have changed shall be provided to the Register without undue delay, but no later than the 15th day of the calendar month after the reporting reference date under a separate regulation13 as at which the data are provided. Article 3 (1) Data referred to in Article 1(7)(a), (c) and (f) shall be provided to the Register on a monthly basis, at the inception of a new instrument and at each change in the data, according to their status as at the reporting reference date under a separate regulation14 and to the extent specified in Annex 5, no later than the 15th day of the calendar month after the reporting reference date under a separate regulation14 as at which the data are provided. (2) Data referred to in Article 1(7)(b), (d) and (g) to (i) shall be provided to the Register on a monthly basis, according to their status as at the reporting reference date under a separate regulation14 and to the extent specified in Annex 5, no later than the 15th day of the calendar month after the reporting reference date under a separate regulation14 as at which the data are provided. (3) Data referred to in Article 1(7)(e) shall be provided to the Register on a quarterly basis, according to their status as at the reporting reference date under a separate regulation15 and to the extent specified in Annex 5 under a separate regulation.16
13 Article 13(1)(a) and (8) of Regulation (EU) No 2016/867. 14 Article 13(1)(a) of Regulation (EU) No 2016/867. 15 Article 13(1)(b) of Regulation (EU) No 2016/867.
4 Article 4 Data from the Register shall be provided to banks, foreign bank branches, and the ExportImport Bank of the Slovak Republic in accordance with Article 38(3) of the Act and to the extent specified in Annex 6. Article 5 Data from the Register shall be provided to entrepreneurs, legal entities, and funds under a separate regulation7 if an instrument under Article 1(5) has been provided to them at a bank, foreign bank branch or the Export-Import Bank of the Slovak Republic in accordance with Article 38(3) of the Act, and to legal entity entrepreneurs under a separate regulation; 17 these data shall be provided to these entities (hereinafter ‘clients’) to the extent specified in Annex 7. Article 6 (1) Data shall be provided to and from the Register in accordance with Articles 1 to 4 by means of the Register’s information system. (2) Data provided from the Register under Article 5 shall be provided to clients on the basis of a written request for data from the Register, the template for which is contained in Annex 8. These data may be collected in person by, or sent to, the requesting person who is the client, or a person empowered by the client. Requests for data from the Register shall be submitted by each client separately. (3) Requests for data from the Register shall include the following annexes: (a) if the requesting person wishes to collect the data from the Register in person, the “Form for confirming the collection of data from the Register in person”, the template for which is contained in Annex 9; (b) if the requesting person wishes to have the data collected in person by an empowered person, the officially certified “Power of attorney to collect data from the Register in person”, the template for which is contained in Annex 10; (c) if the client has its registered office or place of business in another Member State, an extract no older than three months from a register that is similar to the Commercial Register and is maintained in another Member State. (4) The document under paragraph (3)(c) shall be submitted in the original or as a certified copy. If this document is in a foreign language, it shall also be submitted in a certified translation into the state language. Article 7 (1) The fee for the provision of data from the Register to a client for one period specified in the request under Article 6(2) is EUR 20; this fee shall be increased by two euros for each additional period for which data is requested.
16 Article 3(1)(b) of Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 191, 28.6.2014), as amended. 17 Article 12 of Regulation (EU) No 2016/867.
5 (2) The fee for the provision of data from the Register to a client shall be paid to the account of Národná banka Slovenska dedicated to receiving fee payments, the number of which is published on the website of Národná banka Slovenska. (3) Payment orders used to pay the fee for the provision of data from the Register to a client, shall include, in addition to the data required under a separate regulation, 18 the following identification data: (a) as the variable code, the company registration number or comparable identification code of a foreign entity; (b) as the specific code, one of the following:
(3) Data provided to the Register from 30 September 2018 to 31 December 2018 are subject to both the regulations in force until 30 September 2018 and the regulations in force from 30 September 2018. (4) From 30 September 2018 until 31 December 2018, data referred to in Article 1(7)(a), (c) and (f) are provided to the Register on a monthly basis, at the inception of a new instrument and at each change in the data, according to their status as at the reporting reference date under a separate regulation14 and to the extent specified in Annex 5, no later than the 20th day of the calendar month after the reporting reference date under a separate regulation14 as at which the data are provided. (5) From 30 September 2018 until 31 December 2018, data referred to in Article 1(7)(b), (d) and (g) to (i) shall be provided to the Register on a monthly basis, according to their status as at the reporting reference date under a separate regulation14 and to the extent specified in Annex 5, no later than the 20th day of the calendar month after the reporting reference date under a separate regulation14 as at which the data are provided. Article 9 This Decree repeals Decree No 5/2014 of Národná banka Slovenska of 11 March 2014 on the Register of Bank Loans and Guarantees (Notification No 83/2014 Coll.), as amended by Decree No 6/2016 (Notification No 333/2016 Coll.). Article 10
18 Article 31(5)(b) and Article 35(1)(a) of Act No 492/2009 Coll. on payment services (and amending certain laws), as amended.
6 This Decree enters into force on 30 September 2018, with the exception of Article 3(1) and (2), which enters into force on 1 January 2019. Jozef Makúch Governor Issuing unit: Regulation Department Banking and Payment Services Regulation Section Telephone: +421 2 5787 3301 Fax: +421 2 5787 1118
7 Annex 1 to Decree No 10/2018 Information and documentation Register and Legal Entity Identifiers Register of Organisations Register of Financial Statements LEI databases Social Insurance Agency database Categorisation according to Národná banka Slovenska I 1) 1 2 3 4 5 6 Legal Entity Identifier (LEI) - 3)
9 Explanatory notes:
10 Annex 3 to Decree No 10/2018 Counterparty reference data1) Observed agent Creditor Debtor — All instruments originated prior to 1 September 2018 Debtor — At least one instrument originated at or after 1 September 2018 Protection provider Head office undertaking Immediate parent undertaking Ultimate parent undertaking Originator Servicer I 2) b C d e f g h i j k Counterparty identifier A 4) A Counterparty identifier type3) A Legal Entity Identifier (LEI) A National identifier A National identifier type3) A Description of other identifier type3) A Establishment date3) N 6) N Termination date3) N Head office undertaking identifier - 5)
Head office undertaking identifier type3)
Immediate parent undertaking identifier - - - - - - - - - - Immediate parent undertaking identifier type3)
Ultimate parent undertaking identifier - - - - - - - - - - Ultimate parent undertaking identifier type3)
Name A Address: street A - Address: city/town/village A - Address: county/administrative division - - - - - - - - - - Address: postal code A - Address: country A Legal form7) A - Code list type for legal form3) 7) A - Institutional sector A - Code list type for institutional sector3) A - Economic activity - - - - - - - - - - Status of legal proceedings7)
Code list type for status of legal proceedings3) 7)
Date of initiation of legal proceedings7)
Enterprise size7)
Date of enterprise size7)
Number of employees7)
Balance sheet total7)
Annual turnover7)
Accounting standard7)
11 Explanatory notes:
12 Annex 4 to Decree No 10/2018 Counterparty reference data Reporting agent Observed agent Creditor Debtor — All instruments originated prior to 1 September 2018 Debtor — At least one instrument originated at or after 1 September 2018 Protection provider I 1) a b c d e f Counterparty identifier A 3) A A Counterparty identifier type2) A Legal Entity Identifier (LEI) A National identifier A Identifier type2) A Description of other identifier type2) A Name A Address: street A Address: city/town/village A Address: postal code A Address: country A Legal form5) A Code list type for legal form2) A Economic activity - 4 ) A A Explanatory notes:
Currency A Fiduciary instrument A - - Inception date A End date of interest-only period A - - Interest rate cap A - A - - Interest rate floor A - A - - Interest rate reset frequency A - - Interest rate spread/margin A - Interest rate type A - Legal final maturity date A Commitment amount at inception A - Payment frequency A - Project finance loan A - - Purpose A - - Recourse A - - Reference rate A - Settlement date A - - Subordinated debt A - - Syndicated contract identifier A - - Repayment rights A - - Fair value changes due to changes in credit risk before purchase A - A - - Table 2 - Financial data Observed agent identifier A Observed agent identifier type12) A Contract identifier A Instrument identifier A Interest rate A - Next interest rate reset date A - - Current instalment amount14) A - A - A A - Default status of the instrument A - Date of the default status of the instrument A - Transferred amount A - -
Off-balance -sheet amount A Table 3
Table 5
A Table 6
15 Explanatory notes:
Date of original protection value A - - - Table 7 - Instrument-protection received data Observed agent identifier A - Observed agent identifier type12) A - Contract identifier A - Instrument identifier A - Protection identifier A - Protection allocated value A - Third party priority claims against the protection A - - Table 8 - Counterparty default data Observed agent identifier A Observed agent identifier type12) A Counterparty identifier A Counterparty identifier type12) A Probability of default A - A Table 9 - Counterparty default data Observed agent identifier A - Observed agent identifier type12) A - Counterparty identifier A - Counterparty identifier type12) A - Default status of the counterparty A - A A - Date of the default status of the counterparty A - A A -
16 Annex 6 to Decree No 10/2018 Extent of data provided from the Register to banks, foreign bank branches, and the Export-Import Bank of the Slovak Republic The following data from the Register are provided to banks, foreign bank branches, and the Export-Import Bank of the Slovak Republic in accordance with Article 38(3) of the Act: (a) counterparty reference data, as follows:
17 20. inception date, 21. legal final maturity date, 22. commitment amount at inception, 23. payment frequency, 24. project finance loan, 25. purpose, 26. recourse, 27. repayment rights, 28. current instalment amount, 29. default status of the instrument, 30. date of the default status, 31. transferred amount, 32. arrears for the instrument, 33. interest arrears for the instrument, 34. date of past due for the instrument, 35. outstanding nominal amount, 36. accrued interest, 37. off-balance-sheet amount, 38. joint liability amount, 39. accumulated write-offs, 40. performing status of the instrument, 41. date of the performing status of the instrument, 42. status of forbearance and renegotiation, 43. date of the forbearance and renegotiation status, 44. protection identifier,2) 45. type of protection, 46. protection value, 47. type of protection value, 48. date of protection value, 49. maturity date of the protection, 50. original protection value, 51. date of original protection value, 52. protection allocated value, 53. third party priority claims against the protection; (d) aggregate data on the instruments of the entrepreneur, legal entity, or fund with which, within the previous 12 months, the bank, the foreign bank branch, or Export-Import Bank of the Slovak Republic concluded a contractual relationship concerning the instrument on behalf of potential clients3) and their connected persons, 4) as follows:
18 15. current instalment amount, 16. default status of the instrument, 17. transferred amount, 18. arrears for the instrument, 19. interest arrears for the instrument, 20. outstanding nominal amount, 21. accrued interest, 22. off-balance-sheet amount, 23. off-balance-sheet amount - off-balance-sheet instruments,5) 24. accumulated write-offs, 25. performing status of the instrument, 26. status of forbearance and renegotiation, 27. type of protection, 28. protection value, 29. type of protection value, 30. original protection value, 31. protection allocated value, 32. default status of the counterparty. Explanatory notes:
19 Annex 7 to Decree No 10/2018 Extent of the data provided from the Register to clients The following data from the Register are provided to clients in accordance with Article 38(3) of the Act: (a) client reference data, as follows:
20 25. project finance loan, 26. purpose, 27. recourse, 28. repayment rights, 29. current instalment amount, 30. default status of the instrument, 31. date of the default status, 32. transferred amount, 33. arrears for the instrument, 34. interest arrears for the instrument, 35. date of past due for the instrument, 36. outstanding nominal amount, 37. accrued interest, 38. off-balance-sheet amount, 39. joint liability amount, 40. accumulated write-offs, 41. performing status of the instrument, 42. date of the performing status of the instrument, 43. status of forbearance and renegotiation, 44. date of the forbearance and renegotiation status, 45. protection identifier, 46. type of protection, 47. protection value, 48. type of protection value, 49. date of protection value, 50. maturity date of the protection, 51. original protection value, 52. date of original protection value, 53. protection allocated value, 54. third party priority claims against the protection; (c) aggregate data on client instruments, as follows:
21 22. off-balance-sheet amount, 23. off-balance-sheet amount - off-balance-sheet instruments,2) 24. accumulated write-offs, 25. performing status of the instrument, 26. status of forbearance and renegotiation, 27. type of protection, 28. protection value, 29. type of protection value, 30. original protection value, 31. protection allocated value, 32. default status of the counterparty. Explanatory notes:
22 Annex 8 to Decree No 10/2018 Client request for data from the Register Registration number of the request1) PART 1 Client data Full name or business name of the client2) Registered office / place of business street and street number city/town and postcode country Company registration number (IČO)3) Tax identification number (DIČ)4) PART 2 Data of the natural person authorised to act on behalf of the client5) (hereinafter the ‘requestor’) Full name of requestor Birth registration number / date of birth6) Permanent residence address street and street number city/town and postcode country Phone number7) Email address7) PART 3 Specification of request for data from the Register12) Periods for which the data from the Register are required 8) How the data from the Register are to be provided 9) or empowered person10) Date of payment of the fee for the provision of data from the Register I hereby declare that I am12) the statutory body, or a member of the statutory body, or another authorised representative of the client, a legal entity, and that I am a person authorised to act independently on behalf of the legal entity client, as referred to in Part 1, in regard to the filing a request for data from the Register of Bank Loans and Guarantees operated by Národná banka Slovenska or the client, a natural person entrepreneur.
23 Done at on on Full name and signature of the person(s) authorised to act on behalf of the requestor 11) Explanatory notes:
24 Annex 9 to Decree No 10/2018 Form for confirming the collection of data from the Register in person Registration number of the request1) Collecting person2) Full name Birth registration number / date of birth3) Permanent residence address street and street number city/town and postcode country Phone number (optional) Email address (optional) ID document number Client requesting data from the Register4) Name or business name of the client5) Registered office / place of business street and street number city/town and postcode country Company registration number (IČO)6) Full name and signature of the person who verified the data in the form Full name and signature of the person who verified the data in the identity document Done at Bratislava on Signature of the collecting person: Explanatory notes:
25 5) State the name or business name of the legal entity, or the full name of the natural person entrepreneur and that person’s business name if different from the full name. 6) State only if assigned; otherwise state another national identifier and its type.
26 Annex 10 to Decree No 10/2018 Power of attorney to collect data from the Register Registration number of the request1) PART 12) Requestor Full name Birth registration number Date of birth Permanent residence address street and street number city/town and postcode country ID document number PART 23) I hereby empower the following person to collect the data provided from the Register Full name Birth registration number Date of birth Permanent residence address street and street number city/town and postcode country Phone number ID document number This power of attorney is valid until ................................., for a period not exceeding one year. Done at on
27 Requestor Full name and officially certified signature of the requestor Space for the official certification of the requestor’s signature. Empowered person I accept this power of attorney in its entirety. Full name and certified signature of the empowered person Space for the official certification of the empowered person’s signature. Explanatory notes: