Regulatory Alerts2021-01-01
Decision Amending the Decision on Performing Custody Operations
The Council of the Central Bank of Montenegro amended its regulations on custody operations to enhance procedural clarity and liability definitions. The changes introduce authorized personnel checks on safe deposit box weights, mandate specific templates for deposit requests, and explicitly exclude the Bank's liability for damage caused by force majeure or unforeseeable circumstances. These amendments also update the classification of eligible entities and require depositors to certify that boxes do not contain prohibited items.
Pursuant to Article 44 paragraph 2 item 3 and Article 38 paragraph 2 of the Central Bank of Montenegro Law (OGM 40/10, 06/13, 70/17), the Council of the Central Bank of Montenegro, at its meeting held on 22 November 2021, passed the following DECISION AMENDING THE DECISION ON PERFORMING CUSTODY OPERATIONS Article 1 In the Decision on Performing Custody Operations (OGM 34/17), in Article 2 after paragraph 3 a new paragraph shall be added worded as follows: “The authorized person of the Central Bank may check the weight of the safe deposit box and require its alignment with paragraph 3 of this Article.” Article 2 In Article 3 paragraph 1 in the introductory phrase, the words “In particular” shall be deleted. In paragraph 3, the words: “shall be packed” shall be replaced with the words: “shall be submitted packed”. Article 3 In Article 4, after the words: “legal entities”, the words: “the founder or majority owner of which is the state, credit institutions” shall be added. Article 4 In Article 5 paragraph 4 after indent 2, a new indent shall be added worded as follows: “- type of safe deposit box (open or closed),”. After indent 5, a new indent shall be added, worded as follows: “-statement of the depositor that the safe deposit box does not contain items that may not be kept in safe deposit boxes in accordance with Article 3 paragraph 2 of this Decision,”. In paragraph 5, the words: “for delivering the deposit” shall be replaced with the words: “for deposit receipt”. After paragraph 5, a new paragraph shall be added, worded as follows: “The request for deposit receipt shall be submitted on the Template ZP-Ost., which is enclosed to this Decision and makes an integral part thereof.”. Article 5 In Article 8, paragraph 1 shall be amended to read:
“The Central Bank shall not assume any risk or liability for any damage that might occur due to the loss in weight, value or the destruction of received valuables and items as a result of being stored in the safe deposit box, as well as for any damage caused by force majeure or other circumstances that the Central Bank could not foresee or avoid, or which it could not influence.” Article 6 In Article 9 paragraph 2 after indent 2, a new indent shall be added, worded as follows: “-type of safe deposit box (open or closed),”. After paragraph 2, a new paragraph shall be added, worded as follows: “The request for deposit return shall be submitted on the Template ZV-Ost., which is enclosed to this Decision and makes an integral part thereof.”. Article 7 In the deposit receipt certificate which is provided in the Template 01-PR-Ost., in the Note, after the first sentence, a new sentence shall be added, worded as follows: “The Central Bank shall not assume any risk or liability for any damage that might occur due to the loss in weight, value or the destruction of received valuables and items as a result of being stored in the safe deposit box, as well as for any damage caused by force majeure or other circumstances that the Central Bank could not foresee or avoid, or which it could not influence.” Article 8 The Template of the request for deposit receipt shall be given before the Template 01- PR-Ost. The Template of the request for deposit return shall be given before the Template 02- VR-Ost. Article 9 This Decision shall enter into force on the eighth day following that of its publication in the Official Gazette of Montenegro. THE COUNCIL OF THE CENTRAL BANK OF MONTENEGRO Decision number: - 0101-7940-4/2021 Podgorica, 22 November 2021 CHAIRMAN G O V E R N O R Radoje Žugić, m.p.
Template ZP – Ost. Name of Depositor:
Head office address:
Tax Identification Number (where applicable):
Pursuant to the regulation of the Central Bank of Montenegro governing the performance of custody operations, the following shall be submitted: R E Q U E S T FOR DEPOSIT RECEIPT Type of safe deposit box: ☐ open ☐ closed Description of valuables/items submitted to the safe deposit box: _____________
Date of delivery of valuables/items to the safe deposit box: ___________________ Person authorised to submit the deposit: Name and surname: _______________________________ Signature: _______________________________________ Identification document number and unique citizen number (where applicable):
Statement of the depositor: I hereby state that the safe deposit box concerned does not contain items that may not be kept in safe deposit boxes in accordance with the Central Bank regulation governing the performance of custody operations.
Other information relevant to the deposit receipt:
Responsible person of the depositor: Name and surname: _______________________ M.P. Signature: _______________________________
Template ZV – Ost. Name of Depositor:_____________________________________________________________ Head office address:______________________________________________________________ Tax Identification Number (where applicable):____________________________________________________________ Pursuant to the regulation of the Central Bank of Montenegro governing the performance of custody operations, the following shall be submitted: R E Q U E S T FOR DEPOSIT RETURN
Type of safe deposit box: ☐ open ☐ closed Description of valuables/items submitted to the safe deposit box:______________
Date of delivery of valuables/items to the safe deposit box: ___________________ Person authorised to receive the deposit: Name and surname: _________________________________ Signature: _________________________________________ Identification document number and unique citizen number (where applicable):
Other information relevant to the deposit return:
Responsible person of the depositor: Name and surname: _______________________ M.P. Signature: _______________________________