2026-01-01
The Council of the Central Bank of Montenegro issued this Decision to detail the contractual recognition requirements for bail-in powers regarding liabilities governed by third-country law. It mandates specific acknowledgments in financial contracts and defines categories of liabilities subject to write-down and conversion, including exemptions for impracticable cases. The regulation establishes notification templates and criteria for assessing whether third-country legal frameworks sufficiently support the Central Bank's resolution powers.
[Unofficially consolidated translation] DECISION ON MORE DETAILED REGULATION OF CONTRACTUAL RECOGNITION POWERS WITH REGARD TO LIABILITIES GOVERNED BY A THIRD COUNTRY LAW (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) Subject matter Article 1 This Decision shall govern in more detail the contractual recognition of powers of the Central Bank of Montenegro (hereinafter: the Central Bank) for write-down and conversion of liabilities governed by the law of a third country, when applying bail-in instrument in relation to a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law on Resolution of Credit Institutions (OGM, 72/19, 8/21, 113/24) - (hereinafter: the Law), as well as the detailed content of the contractual provisions of the financial contract to which the third country law applies, and by which the rights and obligations arising from that contractual relationship may be subject to postponement or restriction. Definitions Article 2 The terms used in this Decision shall have the following meaning:
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 2 counterparty of a credit institution or legal entity referred to in Article 3 paragraphs (2), (3), and (4) of the Law;
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 3 Other types of liabilities that do not need to be the subject of contractual recognition referred to in Article 108 paragraph (1) of the Law Article 4a (1)A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law may assess that liabilities cannot be subject to recognition referred to in Article 108 paragraph (1) of the Law, if:
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 4 (3) recognition and acceptance by the contracting parties that the provisions on the contractual recognition powers are complete and exclude other contracts, arrangements or agreements between the contracting parties relating to that contract. Entry into force Article 5 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 on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 1 ANNEX I Template 1- Notification identification_ Template 1 – Notification identification Notification identification: 10 Notification date 20 Reference date for templates 2 and 3 30 Reference date for template 4 40 Currency 50 Name of a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law 60 Contact person 70 Email 80 Contact telephone 90
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 2 Template 2 – Impracticability of contractual recognition of the power to write down or convert (bail-in) by contract/instrument Type of notification LIABILITY ID MATERIAL AMENDMENT (yes/no) MATURITY DATE RENEWABLE (yes/no) RENEWAL FREQUENCY CONTRACT/INSTRUMENT DESCRIPTION LIABILITY TYPE GOVERNING LAW PRIORITY RANKING IN CASE OF BANKRUPTCY PROCEEDINGS UNDER THIRD COUNTRY LAW PRIORITY RANKING IN CASE OF BANKRUPTCY PROCEEDINGS IN THE MEMBER STATE OF INCORPORATION NOMINAL AMOUNT IN THE MAIN ORIGINAL CURRENCY MAIN ORIGINAL CURRENCY NOMINAL AMOUNT IN LOCAL CURRENCY 10 20 30 40 50 60 70 80 90 100 110 120 130 CONDITIONS CATEGORY REASONS FOR MEETING THE CONDITIONS LEGAL OPINION NAME CODE TYPE OF CODE NATIONAL CODE 140 150 160 170 180 190 200 210
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 3 Template 3 – Impracticability of contractual recognition of the power to write down or convert (bail-in) by category CATEGORY TOTAL VALUE OF LIABILITIES IN LOCAL CURRENCY IN CATEGORY REASONS FOR MEETING THE CATEGORIES / CONDITIONS PRIORITY RANKING IN CASE OF BANKRUPTCY PROCEEDINGS NUMBER OF UNDERLYING LIABILITIES 10 20 30 40 50 Template 4 – Priority ranking in case of bankruptcy PRIORITY RANKING IN CASE OF BANKRUPTCY PROCEEDINGS NOMINAL AMOUNT OF TOTAL LIABILITIES CURRENTLY NOTIFIED TO THE CENTRAL BANK OUTSTANDING AMOUNT OF TOTAL LIABILITIES IN PRIORITY RANKING OF WHICH: EXCLUDED FROM BAIL-IN OF WHICH: LIABILITIES GOVERNED BY THE LAW OF A THIRD COUNTRY OF WHICH: NOT INCLUDING CONTRACTUAL RECOGNITION OF WHICH: CURRENTLY NOTIFIED TO THE CENTRAL BANK 10 20 30 40 50 60 70
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 1 INSTRUCTIONS FOR FILLING IN THE TEMPLATE Each notification may refer to several contracts/instruments and/or several categories of liabilities (if applicable), which meet the conditions of impracticability of contractual recognition of the power to write down or convert, as laid down in Article 108 paragraph (4) of the Law. If needed, a credit institution may provide additional supporting documentation, including a legal opinion or a copy of the contract, at the request of the Central Bank. If a credit institution or a legal person referred to in Article 3 items 2), 3) and 4) of the Law demonstrates that the information stated in this Annex is not applicable to a certain type of contract, they do not need to provide the information listed in that field. Instructions for filling out - Template 1 _ Row Instructions 0010 Notification identification: Each notification shall have a unique ID provided by the notifying entity. The notification ID is per notification, not per liability or category. A notification allows the inclusion of any number of liabilities or categories. 0020 Notification date Date when the notification was sent to the Central Bank. 0030 Reference date for Templates 2 and 3 Date for templates 2 and 3 0040 Reference date for template 4 Date for Template 4 0050 Applicable currency Indicate official currency in the country of incorporation of the notifying institution. 0060 Institution or entity name Name of a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law that submits the notification. 0070 Contact person Name and surname of a person in charge for communication with the Central Bank. 0080 Email Email address of the contract person from the row 0070 “Contact person” 0090 Contact telephone Telephone number of the person from the row 0070 “Contact person”. Instructions for filling out - Template 2 Template 2 shall be used for submitting notifications on contracts on an individual basis. This template allows a submission to include multiple contracts in the same notification and shall state the following:
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 2 3) off-balance sheet items: credit institutions or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall provide the priority ranking of the liability in case of bankruptcy proceedings; If data are not available or not applicable, credit institutions or a legal person referred to in Article 3 items 2), 3), and 4) of the Law should not fill in the following columns: 0020, 0050, 0090 (if the liability is regulated by the Montenegrin law), 0130, 0150 and 0210. Column Instructions 0010 LIABILITY ID The liability ID is a unique identifier generated by the notifying credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law that shall be used in all notifications to identify each liability. The credit institution may use the internal code of the liability. 0020 MATERIAL AMENDMENT This field is to be filled in only for contracts/instruments amending existing liabilities. A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law making the notification shall indicate if the amendments to the existing liability are considered material. One of the following values shall be used: 0030 MATURITY DATE The date upon which all principal and interest of the liability must be repaid (based on the transaction contract). The day, month and year of the maturity date shall be provided. The exact day shall be provided where that information is available, otherwise the first day of the month shall be used. 0040 RENEWABLE One of the following values is used:
If more than one type is applicable, the one that best describes the purpose of the contract /instrument shall be selected. 0080 GOVERNING LAW Name and three-letter code of the country the law of which governs the contract/instrument. 0090 PRIORITY RANKING IN CASE OF BANKRUPTCY PROCEEDINGS UNDER THIRD-COUNTRY LAW Enter the value corresponding to the liability’s priority ranking on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the relevant applicable third-country law governing the liability. A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall obtain the said ranking from the relevant third-country resolution authority. 0100 PRIORITY RANKING IN CASE OF BANKRUPTCY PROCEEDINGS IN THE COUNTRY (OR MEMBER STATE) OF INCORPORATION
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 3 Fill in the value corresponding to the liability’s priority ranking on a scale from 1 to x, with 1 the most subordinated and x the most senior class, as defined by the relevant law applicable in the Member State where the notifying credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law has head office. 0110 NOMINAL AMOUNT IN THE MAIN ORIGINAL CURRENCY Nominal amount of the liability as laid down in the contract/instrument. For framework agreements, a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law should indicate the maximum amount it expects to be reached under that framework agreement or the maximum amount permitted under the framework agreement. If the contract/instrument has more than one currency, a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall report the nominal amount in the prevailing currency in the contract. 0120 MAIN ORIGINAL CURRENCY Currency code corresponding to the denomination of the liability under the contract. If the contract has more than one currency, use prevailing currency in the contract. 0130 NOMINAL AMOUNT IN LOCAL CURRENCY Fill in if the currency used in column 0110 is not the nominal currency. Use the foreign exchange rate applicable at the date of notification. 0140– 0190 IMPRACTICABILITY OF CONTRACTUAL RECOGNITION OF THE POWER TO WRITE DOWN OR CONVERT 0140 CONDITIONS A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall identify the condition(s) under which they consider it is legally or otherwise impracticable to include the contractual provisions, as specified in this Decision (Article 5 paragraph (1) One or more conditions may be identified. All conditions that are applicable shall be notified. 0150 CATEGORY A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall indicate the categories of liabilities specified by the Article 108 paragraph (13) of the Law, if relevant. 0160 REASONS FOR MEETING THE CONDITIONS A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall describe in detail and clearly their reasons for determining impracticability of contractual recognition of the power to write down or convert arising from the conditions reported in column 0140. 0170 LEGAL OPINION? A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall inform the Central Bank if there is a legal opinion concerning the notified impracticability of contractual recognition of the power to write down or convert this liability. A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall indicate one of the following:
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 4 The amount shall be expressed in the currency of the country or (Member State) where a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law has head office. If during the 6-month period following the notification, the credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law determines that the value of the liabilities in the category has increased by more than 10% of the notified amount, it shall submit another notification to the Central Bank. 0030 REASONS FOR MEETING THE CATEGORIES/CONDITIONS A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall explain why the category of liabilities has been notified. 0040 PRIORITY RANKING IN BANKRUPTCY PROCEEDINGS Fill in the values corresponding to the priority ranking of the liabilities in each category in column 0010, on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the relevant law applicable in the country governing the liability. 0050 NUMBER OF UNDERLYING LIABILITIES A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall indicate the estimated maximum number of contracts/instruments to be held under the respective category of liabilities for a period of 6 months from the date of notification to the Central Bank. Instructions for filling out - Template 4 A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall complete Template 4 with reference to the last quarter for which data are available, except for the values in column 0070. A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law states the outstanding amount of a claim or instrument which is the sum of the principal amount of and the accrued interest on the claim or instrument. The outstanding amount due is equal to the value of the claim that the creditor could file under bankruptcy proceedings. For off-balance sheet items, a credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall provide the priority ranking in case of bankruptcy proceedings for the liability. All values in this template shall be provided in the local currency of the country where the credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law is incorporated. Column Instructions 0010 PRIORITY RANKING IN BANKRUPTCY PROCEEDINGS A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall fill in the values corresponding to the priority ranking of the liabilities in each category in column 0010, on a scale from 1 to x, with 1 being the most subordinated and x the most senior class, as defined by the relevant law applicable in the country governing the liability. 0020 OUTSTANDING AMOUNT OF TOTAL LIABILITIES ACCORDING TO PRIORITY RANKING A credit institution or a legal person referred to in Article 3 items 2), 3), and 4) of the Law shall state the total outstanding amount of all liabilities for the priority ranking in bankruptcy proceedings from column 0010. 0030 OF WHICH: LIABILITIES GOVERNED BY THE LAW OF A THIRD COUNTRY This column shall include the outstanding amount of liabilities governed by the law of a third country. 0040 OF WHICH: NOT INCLUDING CONTRACTUAL RECOGNITION This column shall include the outstanding amount of all liabilities governed by the law of a third country that do not include the contractual recognition of the power to write down or convert in line with Article 108 paragraphs (2) and (3) of the Law. The value will be calculated as the sum of all liabilities that fulfil the following conditions:
Decision on more detailed regulation of contractual recognition powers with regard to liabilities governed by a third country law (OGM 122/20 of 17 December 2020, 124/20 of 21 December 2020, 029/25 of 21 March 2025) 5 This column shall include liabilities that are excluded from the application of the bail-in tool in accordance with Article 94 paragraph (3) of the Law or Article 95 paragraph (1) of the Law. 0070 NOMINAL AMOUNT OF TOTAL LIABILITIES CURRENTLY NOTIFIED TO THE CENTRAL BANK This column shall reflect the total (sum) of the nominal and/or maximum expected amounts of the liabilities and/or categories of liabilities notified in templates 2 and 3.