2010-01-01

Decree of NBS No 14/2010

Národná banka Slovenska issued Decree No 14/2010 to supplement its existing regulations on bank liquidity and risk management. The decree expands the definition of own funds to include specific subordinate debts and formally adopts relevant European Union directives into national law. These provisions entered into force in September and December 2010 to align Slovak banking supervision with EU standards.

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332 Journal of the NBS NBS – Decree of the NBS No. 14/2010 Volume 29/2010 14 DECREE of Národná banka Slovenska of 31 August 2010, supplementing the Decree of Národná banka Slovenska No. 18/2008 on Liquidity of Banks and Branches of Foreign Banks and on Process of Liquidity Risk Management of Banks and Branches of Foreign Banks and on amendment of the Decree of Národná banka Slovenska No. 11/2007 on the submission of statements, reports and other disclosures by banks, branches of foreign banks, securities dealers, and branches of foreign securities dealers for supervision and statistical purposes, as amended by Decree No. 5/2009 In compliance with Article 27 Paragraph 14 Letter a), b) and d) of Act No. 483/2001 Coll. on Banks and on amendments and supplements to certain laws, Národná banka Slovenska hereby lays down the following rules: Article I Decree of Národná banka Slovenska of 28 October 2008 No. 18/2008 on Liquidity of Banks and Branches of Foreign Banks and branches and on the Process of Liquidity Risk Management of Banks and Branches of Foreign Banks and on amendment of the Decree of Národná banka Slovenska No. 11/2007 on the submission of statements, reports and other disclosure by banks, branches of foreign banks, securities dealers, and branches of foreign securities dealers for supervision and statistical purposes (Notification No. 423/2008 Coll.), as amended by Decree No. 5/2009 (Notification No. 519/2009 Coll.) shall be supplemented as follows:

  1. In Article 13, Paragraph 6 shall be supplemented with the letter f) stating: "f) Subordinate debts in the volume in which they make up the value of own funds of a Bank according to a special regulation.3a)". Note under line regarding the footnote 3a says: " 3a) Article 5 through 7 of Decree of Národnej banky Slovenska No. 4/2007 on banks' own funds of financing and banks' capital requirements and on investment firms' own funds of financing and investment firms' capital requirements, (Notification No. 121/2007 Coll.), as amended by Decree No. 17/2008 (Notification No. 443/2008 Coll.).”
  2. Following Article 13, Article 13a shall be added, stating: "Article 13a Legally binding acts of the European Union indicated in the Annex shall be adopted by this Decree.”
  3. The Decree shall be supplemented with an Annex stating: “Annex to Decree No. 18/2008

332 Journal of the NBS NBS – Decree of the NBS No. 14/2010 Volume 29/2010 THE LIST OF ADOPTED LEGALLY BINDING ACTS OF THE EUROPEAN UNION

  1. Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (revised version) (OJ L 177, 30.06.2006).
  2. Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending and supplementing the Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposure, supervisory arrangements, and crisis management (OJ L 302, 17.11.2009)”. Article II This Decree shall come into effect as of 30 September 2010, except of Article I Clauses 2 and 3 that come into effect as of 31 December 2010. Jozef Makúch, in his own hand Governor Issued by: Developed by: Financial Analysis Department Banking and Payment Services Section Ing. Stanislav Guniš Tel.: +421 2 5787 3301 Fax: +421 2 5787 1118 Tel.: +421 2 5787 2885 E-mail: stanislav.gunis@nbs.sk