2026-01-01
The Central Bank of Montenegro issues this Decision to prescribe the detailed methodology for calculating ex-ante contributions paid by credit institutions to the Resolution Fund. It establishes a risk-based assessment framework utilizing four pillars—risk exposure, funding stability, systemic importance, and additional indicators—to adjust basic annual contributions. The regulation further defines specific calculation rules for derivative liabilities, including mark-to-market and simplified exposure methods, while outlining exclusions for intragroup and promotional loan liabilities.
[Unofficially consolidated translation] DECISION ON MORE DETAILED MANNER OF CALCULATION OF EX-ANTE CONTRIBUTIONS PAID BY CREDIT INSTITUTIONS TO THE RESOLUTION FUND (OGM 127/20 of 29 December 2020, 045/21 of 29 April 2021, 040/25 of 24 April 2025, 017/26 of 13 February 2026) I. BASIC PROVISIONS Subject matter Article 1 This Decision shall prescribe in more detail the manner of calculation of ex-ante contributions paid by credit institutions to the Resolution Fund (hereinafter: the contributions), or the methodology for the calculation of contributions and for the adjustment of contributions to the risk profile of individual credit institutions in accordance with the criteria for determining their riskiness, and it shall establish the information that the credit institution shall be required to provide for the purposes of the calculation of the contributions and as regards the payment of the contributions. Definitions Article 2 The terms used in this Decision shall have the following meanings:
annual target level means the total amount of annual contributions determined for each calendar year by the Central Bank of Montenegro (hereinafter: the Central Bank) to reach the annual target level of the funds of the Resolution Fund referred to in Article 148 paragraph (1) of the Law on Resolution of Credit Institutions (OGM 72/19) – (hereinafter: the Law);
central counterparty means a legal person that interposes itself between the counterparties to the contracts traded on one or more financial markets, becoming the buyer to every seller and the seller to every buyer;
derivatives are transferrable securities giving the right to acquire or sell any such transferable securities or giving rise to a cash settlement determined by reference to securities, currencies, interest rates or yields;
promotional bank means any entity set up by the State of Montenegro, which grants promotional loans on a non-competitive, not for profit basis in order to promote public policy objectives, provided that the founder has an obligation to protect the economic basis of the entity and maintain its regular operations, or to guarantee for at least 90% of its original funding or the promotional loan it grants directly or indirectly;
promotional loan means a loan granted by a promotional bank or through an intermediate bank on a non-competitive, non for profit basis, in order to promote the public policy objectives of the State of Montenegro;
intermediary bank means a credit institution which intermediates promotional loans, provided that it does not give them as credit to a final customer.
liabilities arising from derivative contracts are individual liabilities arising from derivative contracts referred to in Article 148 paragraph (8) of the Decision on Capital Adequacy of Credit Institutions (OGM, 65/25) - (hereinafter: Decision on Capital Adequacy) or, if applicable, liabilities arising from the netting set of those derivative contracts;
compensation amount resulting from the variation margin is the compensation amount collected or paid to take into account the current exposures of the credit institution resulting from actual changes in market prices.” II. METHODOLOGY FOR CALCULATION AND ADJUSTMENT OF CONTRIBUTIONS Determination of annual contributions Article 3 (1) The Central Bank shall determine the annual contributions to be paid by each credit institution in proportion to its risk profile, on the basis of information provided by the credit institution in accordance with Article 10 of this Decision and by applying the methodology set out in this Chapter. (2) The Central Bank shall determine the annual contribution referred to in paragraph (1) of this Article by taking into account the annual target level of the Resolution Fund referred to in Article 148 paragraph (1) of the Law and the transitional period for reaching that target level referred to in Article 159 of the Law. Adjustment of the basic annual contribution to the credit institution’s risk profile Article 4 (1) When calculating the contributions in accordance with Article 149 paragraph (2) of the Law, the following liabilities shall be excluded:
the intragroup liabilities arising from transactions entered into by a credit institution with another credit institution which is part of the same group, provided that all the following conditions are met:
(2) The liabilities referred to in paragraph (1) items 1) and 2) of this Article shall be evenly deducted on a transaction-by-transaction basis from the amount of total liabilities of credit institutions which are parties to the transactions or agreements referred to in these items. (3) For the purpose of calculating liabilities of credit institutions, the average annual amount of liabilities arising from derivative contracts referred to in Article 148 paragraph (8) of the Decision on Capital Adequacy calculated on a quarterly basis, including off-balance sheet liabilities, shall be valued in accordance with Articles 5a to 5e of this Decision. (4) The value of liabilities arising from derivative contracts may not be less than 75% of the value of the same liabilities resulting from the application of the accounting provisions applicable to the credit institution concerned for the purposes of financial reporting, and if there is no accounting measure of exposure for certain derivative instruments because they are held off-balance sheet, the credit institution shall report to the Central Bank the sum of positive fair values of those derivatives as the replacement cost and add them to its on-balance sheet accounting values. (5) For the purpose of calculating the liabilities of a credit institution, the total liabilities shall exclude the accounting value of liabilities arising from derivative contracts and include the corresponding value determined in accordance with paragraph (4) of this Article. (6) The Central Bank shall check the fulfilment of all conditions and requirements referred to in paragraphs (1) to (5) of this Article, using the assessments carried out by its supervisory function. Risk pillars and indicators Article 5 (1) The Central Bank shall assess the risk profile of a credit institution on the basis of the following four risk pillars:
(3) When determining the indicators referred to in paragraph (1) item 4) indent 1 of this Article, the Central Bank shall take into account the following elements:
(4) Notwithstanding paragraph (3) of this Article, a credit institution may apply netting within any single product category arising from derivative contract referred to in Article 148 paragraph (8) of the Decision on Capital Adequacy, when that category is the subject of a contractual cross-product netting agreement. (5) For the purposes of paragraphs (1) and (2) and paragraph (4) of this Article, credit institutions may deduct from the replacement cost portion of the exposure value the compensation amount arising from the variation margin paid in cash to the counterparty, in so far as under the applicable accounting framework the compensation amount has not already been recognised as a reduction of the exposure value and provided that all of the following conditions are met:
(3) In order to determine the potential future credit exposure, credit institutions shall multiply the estimated amounts or underlying values, as applicable, by the percentages set out in Table 1 of Annex 3, which is attached to this Decision and makes an integral part thereof, in accordance with the following principles:
credit institutions shall treat derivative contracts which do not fall within one of the five categories set out in Table 1 of Annex 3 of this Decision as contracts concerning commodities other than precious metals;
for derivative contracts with multiple exchanges of principal, the percentages shall be multiplied by the number of remaining payments still to be made in accordance with the provisions of those contracts;
for derivative contracts that are structured to settle outstanding exposure following specified payment dates and where the terms are reset so that the market value of the derivative contract is zero on those specified dates, the residual maturity shall be equal to the time until the next reset date;
in the case of interest-rate contracts that meet those criteria referred to in item 3) of this paragraph and have a remaining maturity of over one year, the percentage shall be no lower than 0.5 %. (4) The exposure value referred to in paragraph (3) shall be the sum of current replacement cost and potential future credit exposure. Simplified exposure method Article 5c (1) Under the Simplified Exposure Method, credit institutions shall determine the exposure value by multiplying the estimated amount of each instrument by the percentages set out in Table 2 Annex 3 of this Decision. (2) Credit institutions may, when calculating the exposure value of interest-rate contracts, use either the original or residual maturity. Recognition of contractual netting as a basis for risk-reducing Article 5d Credit institutions shall treat as a basis for risk reducing in accordance with Article 5e of this Decision, netting agreements which the Central Bank recognised in accordance with Article 380 of the Decision on capital adequacy and where the credit institution meets the requirements set out in Article 384 of the Decision, which are:
bilateral contracts for novation between a credit institution and its counterparty under which mutual claims and obligations are automatically amalgamated in such a way that the novation fixes one single net amount each time it applies so as to create a single new contract that is binding on the parties and replaces all former contracts and all obligations between parties pursuant to those contracts;
other bilateral agreements between a credit institution and its counterparty. Effects of recognition of netting as a basis for risk-reducing Article 5e (1) When treating netting agreements, and in the case of contracts for novation, credit institutions may weigh the single net amounts fixed by such contracts rather than the gross amounts involved. (2) For the application of Article 5b of this Decision, credit institutions may take the contract for novation into account when determining:
the current replacement cost referred to in Article 5b paragraphs (1) and (2) of this Decision;
the estimated principal amounts or underlying values referred to in Article 5b paragraph (3) of this Decision. (3) In the application of the simplified exposure method, in determining the estimated amount referred to in Article 5c paragraph (1) of this Decision, credit institutions may take into account the contract for novation. (4) In cases referred to in paragraph (3) of this Article, credit institutions shall apply the percentages from Table 2 from Annex 3 of this Decision. (5) In the case of other netting agreements not covered by paragraphs (1) to (4) of this Article, credit institutions shall apply Article 5b of this Decision as follows:
the current replacement cost referred to in Article 5b paragraphs (1) and (2) of this Decision for the contracts included in a netting agreement shall be obtained by taking account of the actual hypothetical net replacement cost which results from the agreement; in the case where netting leads to a net receivable for the credit institution calculating the net replacement cost, the current replacement cost shall be calculated as “0”;
the figure for potential future credit exposure referred to in Article 5b paragraph (3) of this Decision for all contracts included in a netting agreement shall be reduced in accordance with the following formula: PCEred = 0,4 • PCEgross + 0,6 • NGR • PCEgross, where: PCEred = the reduced figure for potential future credit exposure for all contracts with a given counterparty included in a legally valid bilateral netting agreement; PCEgross = the sum of the figures for potential future credit exposure for all contracts with a given counterparty which are included in a legally valid bilateral netting agreement and are calculated by multiplying their notional principal amounts by the percentages set out in Table 1 from Annex 3 of this Decision; NGR = the net-to-gross ratio calculated as the quotient of the net replacement cost for all contracts included in a legally valid bilateral netting agreement with a given counterparty (numerator) and the gross replacement cost for all contracts included in a legally valid bilateral netting agreement with that counterparty (denominator). (6) When calculating the potential future credit exposure in accordance with the formula set out in paragraph (5) item (2) of this Article, credit institutions may treat perfectly matching derivative contracts included in the netting agreement as if those contracts were a single contract with a notional principal equivalent to the net receipts. (7) When applying Article 5c paragraph (1) of this Decision, credit institutions may treat perfectly matching derivative contracts included in the netting agreement as if those contracts were a single contract with a notional principal equivalent to the net receipts, and the notional principal amounts shall be multiplied by the percentages from Table 2 Annex 3 of this Decision. (8) For the purposes of paragraphs (6) and (7) of this Article, perfectly matching derivative contracts mean forward foreign-exchange contracts in accordance with the Decision on capital adequacy, or similar contracts in which an estimated principal is equivalent to cash flows if the cash flows fall due on the same value date and are fully in the same currency. (9) For all derivative contracts included in a netting agreement, not covered by paragraphs (1) to (8) of this Article, credit institutions may reduce the percentages applicable as indicated in Table 3 from Annex 3 of this Decision. (10) Credit institutions may, in case of interest-rate contracts, use either the original or residual maturity.
Relative weight of each risk pillar and indicator Article 6 (1) When assessing the risk profile of each credit institution, the Central Bank shall apply the following weights:
New credit institutions or change of status Article 9 (1) Where a credit institution is subject to supervision for only part of a calendar year, its partial annual contribution shall be collected together with the annual contribution due for the subsequent contribution period. (2) A change of status of a credit institution during the calendar year shall not have an effect on the annual contribution to be paid in that particular year. III. REPORTING TO THE CENTRAL BANK Reporting obligations of credit institutions Article 10 (1) A credit institution shall provide the Central Bank with the information referred to in Annex 2, which is attached to this Decision and makes an integral part thereof, as at 31 December of the previous year, by 28 February of the current year. (2) Where a credit institution fails to submit all the information referred in paragraph (1) of this Article within the prescribed timeframe, the Central Bank shall use estimates or its own assumptions in order to calculate the annual contribution of the credit institution concerned. (3) Where the information submitted to the Central Bank in accordance with paragraph (1) of this Article requires updates or corrections after the audit of financial statements or for another reason, the credit institution shall submit such updates or corrections to the Central Bank without undue delay. (4) Where the credit institution fails to provide information referred to in paragraph (1) of this Article within the prescribed timeframe, the Central Bank may assign the credit institution concerned to the highest risk adjusting multiplier as referred to in Article 8 paragraph (3) of this Decision. Cooperation arrangements Article 11 (1) In order to ensure that the contributions are in fact paid, the supervisory function of the Central Bank shall assist the resolution function of the Central Bank in carrying out any obligation under this Decision if the latter so requests. (3) The supervisory function of the Central Bank shall provide the resolution function of the Central Bank any data and information required to calculate the annual contributions, in particular any data and information related to the additional risk adjustment and any relevant waivers that the Central Bank has granted to credit institutions pursuant to the Law on Credit Institutions and the Decision on Capital Adequacy. Provision of data on deposit guarantee schemes Article 12 (1) By 31 January of the current year, the Deposit Protection Fund shall provide the Central Bank with the calculation of the average amount of covered deposits in the previous year, for each credit institution. (2) The average amount of deposits referred to in paragraph (1) of this Article for each credit institution shall be calculated by dividing the sum of covered deposit amounts of a credit institution at the end of each quarter by four.
IV. DETERMINING THE AMOUNT OF ANNUAL CONTRIBUTIONS Decision on determining the amount of annual contributions Article 13 (1) The Central Bank shall notify a credit institution of its decision determining the annual contribution due by that credit institution, at the latest by 15 May of current year. (2) The Central Bank shall deliver the decision referred to in paragraph (1) of this Article to credit institutions:
Entry into force Article 15 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
ANNEX 1 PROCEDURE FOR CALCULATING ANNUAL CONTRIBUTIONS OF CREDIT INSTITUTIONS The procedure for calculating annual contributions of a credit institution shall consist of the following six steps: STEP 1 Calculation of the raw indicators The Central Bank shall calculate the risk indicators by applying the following measures: Pillar Indicator Measures Risk exposure Own funds and eligible liabilities held by the credit institution in excess of MREL Own funds and eligible liabilities - MREL Total liabilities including own funds where, for the purpose of this indicator:
STEP 2 Discretization of the indicators
For each indicator, except for the indicator ‘extent of previous extraordinary public financial support’, the Central Bank shall assign the same number of credit institutions to each bin, starting by assigning credit institutions with the lowest values of the raw indicator to the first bin. In case the number of credit institutions cannot be exactly divided by the number of bins, each of the first r bins, starting from the bin containing the credit institutions with the lowest values of the raw indicator, where r is the remainder of the division of the number of institutions, N, by the number of bins, kij, is assigned one additional credit institution.
For each indicator, except for the indicator ‘extent of previous extraordinary public financial support’, the Central Bank shall assign to all the credit institutions contained in a given bin the value of the order of the bin, counting from the left to the right, so that the value of the discretized indicator is defined as Iij,n = 1, …, kij.
This Step shall apply to the indicators listed under Article 5 paragraph (1) item 4) indents 1 and 2 of this Decision only if the Central Bank determines them as continuous variables. STEP 3 Rescaling of the indicators The Central bank shall rescale each indicator resulting from Step 2, Iij, over the range 1- 1 000 by applying the following formula: where the arguments of the minimum and the maximum functions shall be the values of all credit institutions, contributing to the Resolution Fund, for which the indicator is calculated. STEP 4 Inclusion of the assigned sign
The Central Bank shall apply the following signs to the indicators: Pillar Indicator Sign Risk exposure Own funds and eligible liabilities held by the credit institution in excess of the MREL - Risk exposure Leverage Ratio - Risk exposure Common Equity Tier 1 Capital Ratio (CET 1) - Risk exposure TRE / Total assets + Stability and variety of funding Net Stable Funding Ratio (NSFR) - Stability and variety of funding Liquidity Coverage Ratio (LCR) - Importance of a credit institution to the stability of the financial system or economy Share of interbank loans and deposits + Additional risk indicators to be determined by the Central Bank Institutional Protection Scheme Membership - Additional risk indicators to be determined by the Central Bank Extent of previous extraordinary public financial support +
For indicators with positive sign, higher values correspond to higher riskiness of a credit institution. For indicators with negative sign, higher values correspond to lower riskiness of a credit institution. The Central Bank shall determine the indicators of trading activities, off-balance sheet exposures, derivatives, complexity and resolvability, and specify their sign accordingly. 2. The Central Bank shall apply the following transformation to each rescaled indicator resulting from Step 3, RIij,n, in order to include its sign: STEP 5 Calculation of the composite indicator
STEP 6 Calculation of the Annual Contributions
ANNEX 2 Data to be submitted to the Central Bank by the credit institutions for the purposes of calculating the contributions to the Resolution Fund (financial data as at 31 December of the previous year)
ANNEX 3 Applicable weights for determining the value of liabilities arising from derivatives Mark-to-Market Method Table 1 Residual maturity Interestrate contracts Contracts concerning foreignexchange rates and gold Contracts concerning equities Contracts concerning precious metals other than gold Contracts concerning commodities other than precious metals 1 year or less 0% 1% 6% 7% 10% Over 1 year, not exceeding 5 years 0.5% 5% 8% 7% 12% Over 5 years 1.5% 7.5% 10% 8% 15% Simplified Exposure Method Table 2 Original maturity Interest-rate contracts Contracts concerning foreignexchange rates and gold 1 year or less 0.5% 2% Over 1 year, not exceeding 2 years 1% 5% Additional allowance for each year after second year 1% 3%
Recognition of contractual netting as a basis for risk-reducing Table 3 Original maturity Interest-rate contracts Contracts concerning foreignexchange rates 1 year or less 0.35% 1.50% Over 1 year, not exceeding 2 years 0.75% 3.75% Additional allowance for each year after second year 0.75% 2.25%