2010-01-01
Národná banka Slovenska issued Decree No 15/2010 to mandate comprehensive public disclosures by banks and foreign bank branches regarding their organizational structure, financial indicators, and risk management practices. The regulation requires detailed reporting on shareholder ownership, consolidated group structures, own funds composition, and specific risk exposures including credit, market, and operational risks. Additionally, the decree stipulates transparency requirements for securitization activities and the use of internal models for calculating risk-weighted exposure amounts.
Section 33/2010 Gazette of Národná banka Slovenska – NBS Decree No. 15/2010 341
15 DECREE of Národná banka Slovenska of 21 September 2010 on disclosures by banks and branches of foreign banks In accordance with Article 37(18)(c) to (g) of Act no. 483/2001 Coll. on Banks and on amendments to certain laws as amended (hereinafter "the Act"), Národná banka Slovenska stipulates as follows:
Article 1 (1) The following information shall be disclosed regarding banks and branches of foreign banks, their activities, and any remedial measures or penalties that have been imposed on them: a) the organisational chart, the total number of registered employees and, separately, the number of registered managerial employees (Article 7(20) of the Act); b) the date of entry in the Commercial Register, the issuance date of the banking licence, and the date on which performance of the licensed banking activities actually commenced; c) a list of activities performed under the banking licence; d) a list of licensed activities which are not being performed; e) a list of activities whose performance has been restricted, suspended or cancelled by a competent authority; f) a citation of the statement of a valid decision under which a remedial measure has been imposed1 during the relevant calendar quarter; g) a citation of the statement of a valid decision under which a penalty has been imposed2 during the relevant calendar quarter. (2) Banks shall disclose the following information concerning their financial indicators: a) data from the balance sheet published in accordance with the requirements of International Financial Reporting Standard No. 7;3
1 For example, Article 22(1)(a) and (b) of Act no. 530/1990 Coll. on Bonds as amended by Act No. 430/2002 Coll.; Article 50(1)(a) to (c) and (e) to (p) of Act No. 483/2001 Coll. on Banks and on amendments to certain laws as amended; Article 60(1)(a) to (d), (f) and (g) of Act No. 429/2002 Coll. on the Stock Market; Article 106(1)(a) to (d), (f) to (p) of Act no. 594/2003 Coll. on Collective Investment and on amendments to certain laws. 2 For example, Article 22(1)(c) and (2) of Act no. 530/1990 Coll. as amended by Act no. 430/2002 Coll.; Article 50(1)(d) of Act No. 483/2001 Coll.; Article 60(1)(e) of Act no. 429/2002 Coll.; Article 106(1)(e) and (5) of Act no. 594/2003 Coll.; Article 38 of Act no. 747/2004 Coll. on Financial Market Supervision and on amendments to certain laws 3 Commission Regulation (EC) No 1725/2003 of 29 September 2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (OJ Special Edition, Chapter 13 Volume 35) as amended.
b) data from the profit and loss account published in accordance with the requirements of International Financial Reporting Standard No. 7, c) other data published in accordance with the requirements of International Financial Reporting Standard No. 7; d) the aggregate amount of exposures without identified impairment,4 broken down by the exposure classes mentioned in paragraph (14)(c); e) the aggregate amount of impaired exposures,4 broken down by the exposure classes mentioned in paragraph (14)(c); f) the aggregate amount of defaulted exposures,4 broken down by the exposure classes mentioned in paragraph (14)(c); g) the difference aggregate on-balance sheet assets and aggregate on-balance sheet liabilities according to estimated maturity.4 (3) The following information shall be disclosed regarding the financial indicators of branches of foreign banks: a) the annual accounts of the foreign bank; b) the consolidated accounts of the foreign bank; c) the annual report of the foreign bank; d) the consolidated annual report of the foreign bank; e) the auditor's statement on the annual accounts of the foreign bank; f) the auditor's statement on the consolidated accounts of the foreign bank. (4) Information shall be disclosed regarding the bank's ten largest shareholders owning not less than 5% of the bank's registered capital, the size of their shares in the capital of the bank and shares of voting rights in the bank, and these disclosures shall include for: a) a natural person:
4 Decree No. 6/2009 of Národná banka Slovenska concerning the submission of statements, reports and other disclosures by banks, branches of foreign banks, investment firms and branches of foreign investment firms for supervision purposes, and amending Decree No. 26/2008 of Národná banka Slovenska on the submission of statements by banks, branches of foreign banks, investment firms and branches of foreign investment firms for statistical purposes (Notification no. 520/2009).
a) an outline of the differences in the basis of consolidation for accounting and prudential purposes, with a brief description of the entities that are:
(12) The following information shall be disclosed regarding credit risk and dilution risk: a) the definitions for accounting purposes of 'past due' and 'impaired'; b) a description of the methods adopted for determining value adjustments and provisions; c) the total amount of exposures after accounting offsets and without taking into account the effects of credit risk mitigation, and the average amount of exposures for the period broken down by exposure classes; d) the geographic distribution of all the exposures, broken down by material exposure classes; e) the distribution of the all the exposures by industry or by counterparty type, broken down by material exposure classes; f) the residual maturity breakdown of all the exposures, broken down by material exposure classes, g) by significant industry or counterparty type:
the total amount of impaired exposures and past due exposures;
the amount of value adjustments and provisions made and reversed;
changes in value adjustments and provisions during the period; h) by geographic breakdown:
the total amount of impaired exposures and past due exposures;
the amount of value adjustments and provisions made and reversed; i) the reconciliation of changes in the value adjustments and provisions for impaired exposures; the information shall comprise:
a description of the value adjustments and of the provisions made and reversed;
the opening balances;
the total amount of value adjustments and provisions made during the period;
the total amount of value adjustments and provisions reversed during the period, the total depreciation of exposures during the period, the total amount of other value adjustments arising from exchange rate differences, business combinations, acquisitions and disposals of subsidiaries, and from transfers between provisions during the period;
the closing balances; Value adjustments and provisions recorded directly to the profit and loss account shall be disclosed separately; j) a functionality analysis of the methodology used to assign internal capital and credit limits; k) a functionality analysis of policies for securing collateral and policies for making and reversing provisions; l) a functionality analysis of policies with respect to wrong-way risk exposures; m) a functionality analysis of the impact of the amount of collateral the bank would provide given a downgrade in its credit rating; n) the gross positive fair value of contracts, netting benefits, netted current credit exposure, collateral held, and net derivatives credit exposure; net derivatives credit exposure is the credit exposure on derivatives transactions after considering the benefits from legally enforceable netting agreements and collateral arrangements; o) measures for exposure value under the methods laid down for the treatment of counterparty credit risk of derivative instruments, repurchase transactions, contracts on securities or commodities lending, long settlement transactions and margin transactions, whichever method is applicable;
p) the notional value of credit derivative hedges and the distribution of current credit exposure by types of credit exposure; q) information on credit derivatives segregated between use for the bank's own credit portfolio, as well as in its intermediation activities, including the distribution of the credit derivatives used, broken down further by protection bought and sold within each group of credit derivatives; r) the estimate of "α", if the bank has received the approval of the competent authorities to estimate "α". (13) Banks calculating the risk-weighted exposure amounts in accordance with the Standardised Approach to credit risk shall disclose the following information for each of the exposure classes: a) the names of the External Credit Assessment Institutions (ECAIs) or Export Credit Agencies (ECAs) whose customer ratings are used by the bank, and the reasons for any changes; b) the exposures classes for which ratings of each ECAI or ECA are used; c) a description of the process used to transfer the issuer and issue credit assessments onto items not included in the trading book; d) the association of the rating of each ECAI or ECA with a credit quality step; e) the total amount of exposures broken down by credit quality step and the total amount of exposures deducted from own funds, both excluding collateral and, separately, after taking collateral into account. (14) Banks calculating risk-weighted exposure amounts in accordance with the Internal Ratings-Based Approach shall disclose specialised lending exposures broken down into exposures with a remaining maturity of up to 2.5 years and exposures with a remaining maturity of more than 2.5 years, and they shall disclose equity exposures broken down by risk weight, as follows: a) 190% for private equity exposures in sufficiently diversified portfolios; b) 290% for exchange-traded equity exposures; c) 370% for all other equity exposures.
(15) For information of a separate character regarding the Internal Ratings-Based Approach, the following information shall be disclosed: a) the competent supervisory authority's acceptance of this approach; b) an explanation and review of:
c) a description of the internal ratings process – including the types of exposure included in the exposure class, the definitions, methods and data for estimation and validation of probability of default and, if applicable, LGD and conversion factors, including assumptions employed in the derivation of these variables, and the descriptions of material deviations from the definition of default, including the factors affected by such deviations – provided separately for the following exposure classes:
(16) The following information shall be disclosed regarding securitisation: a) the bank's objectives in relation to securitisation; b) the role of the bank in regard to securitisation; c) the extent of the bank's involvement in securitisation; d) the methods used to calculate risk-weighted exposure amounts in relation to securitisation; e) a summary of the accounting policies for securitisation, including:
(18) The following information shall be disclosed regarding operational risk: a) details about the approaches to the assessment of own funds requirements for operational risk; b) for banks using an Advanced Measurement Approach (AMA) to calculate the capital requirement for operational risk, a description of the AMA methodology, including an evaluation of the relevant internal and external factors. Where banks combine an Advanced Measurement Approach with one or more other approaches, they shall disclose the scope and coverage of the different methodologies. (19) The following information shall be disclosed regarding exposures in equities not included in the trading book: a) the objectives of the exposures held (for example, capital gains purposes or strategic reasons), and an overview of the accounting techniques and valuation methodologies used and significant changes thereto; b) the balance sheet value, the fair value and, for those exchange-traded, a comparison to the market price where it is materially different from the fair value; c) the types, nature and amounts of exchange-traded exposures, private equity exposures in sufficiently diversified portfolios, and other exposures; d) the total amount of realised gains or losses arising from sales or liquidations during the period; e) the total unrealised gains or losses, the total latent revaluation gains or losses, and any of these amounts included in the original or additional own funds. (20) The following information shall be disclosed regarding exposures to interest rate risk on positions not included in the trading book: a) the nature of the interest rate risk and the key assumptions for the measurement of this risk (including assumptions concerning loan prepayments and the behaviour of non-maturity deposits), and the frequency of measurement of this risk; b) the effect of any increase or reduction in interest rates on the bank's financial results, broken down by currency. (21) The following information shall be disclosed regarding credit risk mitigation techniques: a) the processes for on- and off-balance sheet netting, and the extent to which netting is used; b) the processes for collateral valuation and management; c) a description of the main types of collateral taken; d) the main types of guarantor and credit derivative counterparty and their creditworthiness, e) market or credit risk concentrations within the credit risk mitigation; f) where own estimates of LGDs or conversion factors are not provided – separately for each exposure class, the total exposure value broken down by eligible financial collateral and by other eligible collateral (after the application of volatility adjustments and after, where applicable, balance-sheet netting); g) separately for each exposure class, the total exposure value that is covered by guarantees or credit derivatives (after, where applicable, balance-sheet netting). For the equity exposure class, this requirement applies to the simple risk weight approach, to the PD/LGD approach, and to the internal models approach. (22) Banks using the Advanced Measurement Approach for the calculation of their capital requirements for operational risk shall disclose a description of the use of insurances and other risk transfer mechanisms for the purpose of mitigation of this risk.
(23) For parent banks in the European Union that have a registered office in the Slovak Republic, or banks controlled by a parent financial holding company in the European Union, or banks in which a parent financial holding company in the European Union has a participation, the information specified in paragraphs (1) to (22) shall be disclosed on a consolidated basis. (24) For banks referred to in paragraph (23) that have a significant subsidiary, the information specified in paragraphs (10) and (11), in regard to this subsidiary, shall be disclosed on an individual or consolidated basis; where there is change in the disclosure method, the reasons for such change shall also be disclosed. (25) The subsidiary of a parent bank in the European Union shall be deemed to be significant where: a) its profits amount to at least 10% of the profits of the consolidated group of which it is a member, or b) in comparison with other financial market participants in the Slovak Republic, the interest in a certain field of its business is greater than 10%. Article 2 (1) The information specified in Article 1 shall be disclosed on the website of the bank or the branch of a foreign bank, in the state language,5 in a format that allows it to be copied; this information may, on request, be viewed at the business premises of any organisational unit of the bank or the branch of a foreign bank. Disclosures under Article 1 shall be published on the website at least up to the time that the corresponding disclosures for the next calendar quarter or the next calendar half-year are published. (2) The information specified in Article 1 shall be disclosed as at the last day of the relevant calendar quarter, with the exception of the information specified in Article 1(6), (7), (8)(a), (9), (12)(j) to (m), (16)(a) and (21)(a) and (b), which shall be disclosed at the last day of the relevant calendar half-year, and the information specified in Article 1(3), which shall be disclosed as at the last day of the relevant calendar year. (3) The information specified in Article 1 shall be disclosed not later than 30 days after the last day of the relevant first, second or third calendar quarter and not later than 90 days after the last day of the relevant fourth calendar quarter, with the exception of the information specified in Article 1(3), (6), (7), (8)(a), (9), (12)(j) to (m), (16)(a) and 21(a) and (b).
5 Act of the National Council of the Slovak Republic No. 270/1995 Coll. on the State Language as amended.
(4) The information specified in Article 1(8)(a), (12)(j) to (m), (16)(a) and 21(a) and (b) shall be disclosed not later than 30 days after the last day of the relevant first half of the calendar year and not later than 90 days after the last day of the relevant second half of the calendar year. (5) The information specified in Article 1(6), (7), (9) shall be disclosed for the consolidated group as at the last day of the relevant calendar half-year, not later than 70 days after the last day of the relevant first half of the calendar year and not later than 120 days after the last day of the relevant second half of the calendar year. The information specified in Article 1(3)(a), (c) and (e) shall be disclosed as at the last day of the relevant calendar year, not later than 120 days after the last day of that calendar year. The information specified in Article 1(3)(b), (d) and (f) shall be disclosed for the consolidated group as at the last day of the relevant calendar year, not later than 150 days after the last day of that calendar year.
Article 3 (1) For the purposes of this Decree, a material misstatement shall be deemed to have been made where: a) the bank or branch of a foreign bank:
This Decree repeals Decree No. 1/2007 of Národná banka Slovenska of 2 January 2007 on disclosures by banks and branches of foreign banks (Notification No. 41/2007 Coll.) as amended by Decree No. 9/2007 of 21 August 2007 (Notification No. 421/2007 Coll.). Article 6 This Decree shall enter into force on 31 December 2010. Jozef Makúch m. p. Governor Issuing unit: Regulatory and Risk Management Methodology Tel.: +421 2 5787 3301 Department Fax: +421 2 5787 1118
Banking and Payment Services Regulation Section Drafted by: Ing. Martin Mačuga Tel.: +421 2 5787 2887 E-mail: martin.macuga@nbs.sk Ing. Stanislav Guniš Tel.: +421 2 5787 2885 E-mail: stanislav.gunis@nbs.sk
Annex to Decree No. 15/2010 Schedule of transposed legal acts of the European Union: