Decision on Documentation for Issuing Licences for Banking and Financial Services

Evidentiary Data Collection Register of Regulations Decision on Documentation for Issuing Licences for Banking and Financial Services Official Gazette of the Republic of Slovenia, No. 55/23 , 58/23 – corr. and 15/26 – ZBan-4 ID: SKLE13377 SOP: 2023-01-1690 Adopted: 9 May 2023 Published: 14 May 2023 Effective from: 29 May 2023 Applicable from: 17 July 2023 Type of Act: Decision Lead Agency: Bank of Slovenia Adopting Body: Bank of Slovenia Forms The electronic edition of the Official Gazette is the official edition from 1 January 2006. Prior to this date, official editions were published in paper form.

Text

Warning: Text of the basic regulation with included correction

Pursuant to Article 123 of the Banking Act (Official Gazette of the RS, Nos. 92/21 and 123/21 – ZBNIP; hereinafter ZBan-3) and Article 31(1) of the Bank of Slovenia Act (Official Gazette of the RS, No. 72/06 – official consolidated text and 59/11 and 55/17), the Council of the Bank of Slovenia issues

DECISION

on documentation for issuing licences for banking and financial services

1. GENERAL PROVISIONS

Article 1

(content of the decision)

(1) This Decision specifies the detailed content of the documentation that the applicant must attach:

(a) to the application for the issuance of a licence for the provision of banking services under Article 116(1) of ZBan-3,

(b) to the application for the issuance of a licence for the provision of financial and additional financial services under Article 120(1) of ZBan-3.

(2) Where this Decision refers to provisions of other regulations, those provisions shall apply in their currently valid text.

Article 2

(definitions of terms)

The terms used in this Decision have the same meaning as in the provisions of ZBan-3 and Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L No 176 of 27 June 2013, p. 1), last amended by the correction (OJ L 39 of 9 February 2023, p. 1), hereinafter referred to as Regulation (EU) No 575/2013, and in regulations issued on their basis.

2. DOCUMENTATION FOR ISSUING A LICENCE FOR THE PROVISION OF BANKING SERVICES

Article 3

(application for the issuance of a licence for the provision of banking services)

(1) The application for the issuance of a licence for the provision of banking services must be accompanied by documentation regarding the fulfilment of the requirements under Article 118(1) of ZBan-3:

(a) documentation from Article 116(2) of ZBan-3,

(b) documentation from Commission Delegated Regulation (EU) 2022/2580 of 17 June 2022 supplementing Directive 2013/36/EU of the European Parliament and of the Council as regards regulatory technical standards for the determination of information to be submitted in applications for the authorisation of credit institutions and for the determination of circumstances that could hinder the effective exercise of supervisory functions by competent authorities (OJ L No 335 of 29 December 2022, p. 64); last amended by the Correction to Commission Delegated Regulation (EU) 2022/2580 of 17 June 2022 supplementing Directive 2013/36/EU of the European Parliament and of the Council as regards regulatory technical standards for the determination of information to be submitted in applications for the authorisation of credit institutions and for the determination of circumstances that could hinder the effective exercise of supervisory functions by competent authorities (OJ L No 10 of 12 January 2023, p. 112); hereinafter referred to as the Delegated Regulation,

(c) information on the form set out in Commission Implementing Regulation (EU) 2022/2581 of 20 June 2022 laying down implementing technical standards with regard to the application of Directive 2013/36/EU of the European Parliament and of the Council concerning the submission of information in applications for the authorisation of credit institutions (OJ L No 335 of 29 December 2022, p. 86); last amended by the Correction to Commission Implementing Regulation (EU) 2022/2581 of 20 June 2022 laying down implementing technical standards with regard to the application of Directive 2013/36/EU of the European Parliament and of the Council concerning the submission of information in applications for the authorisation of credit institutions (OJ L No 10 of 12 January 2023, p. 113); hereinafter referred to as the Implementing Regulation.

(2) The application for the issuance of a licence for the provision of banking services referred to in the previous paragraph of this Article must be accompanied by an application for the issuance of a licence for the provision of financial and additional financial services, including the documentation from Chapter 3 of this Decision.

(3) The application for the issuance of a licence for the provision of banking services referred to in the first paragraph of this Article must be accompanied by applications for the issuance of licences for the performance of functions of members of the management body, including the documentation from the Decision on Documentation for Proving the Fulfilment of Conditions for the Appointment of a Member of the Management Body of a Bank and a Deposit Fund (Official Gazette of the RS, No. 82/22).

(4) The application for the issuance of a licence for the provision of banking services referred to in the first paragraph of this Article must be accompanied by an application for the issuance of a licence for the acquisition of a qualifying holding in a bank, including the documentation from the Decision on Holders of Qualifying Holdings in Banks and Deposit Funds (Official Gazette of the RS, No. 50/17).

(5) The applicant may submit a draft of the necessary documentation for the issuance of a licence for the provision of banking services to the Bank of Slovenia for review prior to the submission of a formal application for the issuance of a licence for the provision of banking services.

3. DOCUMENTATION FOR ISSUING A LICENCE FOR THE PROVISION OF FINANCIAL AND ADDITIONAL FINANCIAL SERVICES

Article 4

(application for the issuance of a licence for the provision of financial and additional financial services)

(1) The application for the issuance of a licence for the provision of financial and additional financial services (hereinafter: financial services) must be accompanied by the bank, for the assessment of the fulfilment of the requirements under Article 120(3) of ZBan-3, the documentation from Article 120(2) of ZBan-3 and information and documentation from the Delegated Regulation on the form from the Implementing Regulation, except:

(a) points 3.3 to 3.6 of the Implementing Regulation,

(b) the first section of points 3.8 to 3.10 of the Implementing Regulation,

(c) tables 5, 6, 7 and 8 of the Implementing Regulation,

if there will be no changes in connection with these information due to the provision of the new service.

(2) The applicant may submit a draft of the necessary documentation for the issuance of a licence for the provision of financial services to the Bank of Slovenia for review prior to the submission of a formal application for the issuance of a licence for the provision of financial services.

Article 5

(documentation on the fulfilment of other conditions)

Documentation for determining the fulfilment of other conditions for the issuance of a licence for the provision of financial and additional financial services must, in addition to the information and documentation from the previous Article, contain the following information, which shall be submitted on the form from the Implementing Regulation in table 9:

(a) a projection of the provision of capital adequacy after the introduction of the new service,

(b) documentation:

• from which it is evident the number of employees who will perform the service, their educational structure and professional competence,
• which proves the professional competence of holders of key functions for the performance of the service;

(c) contracts or other legal relationships concluded for the purpose of performing the service;

(d) documentation regarding the technical equipment of the premises, which allows for the safe and uninterrupted performance of business processes within the provision of the service and ensures appropriate separation of individual business functions and the possibility of their mutual connection.

4. TRANSITIONAL PROVISIONS

Article 6

(return of plates and stickers)

(1) With the entry into force of this Decision, the display of a bank by a plate and sticker is no longer required.

(2) Banks must return the plates and stickers obtained in accordance with Article 18 of the Decision on Documentation for Issuing Licences for the Provision of Banking and Financial Services and for Status Changes (Official Gazette of the RS, Nos. 73/15 and 92/21 – ZBan-3) to the Bank of Slovenia no later than 31 December 2023.

(3) If a sticker is destroyed during removal, the bank must appoint a commission that draws up a record thereof. The bank forwards the record to the Bank of Slovenia or returns the destroyed sticker.

5. FINAL PROVISIONS

Article 7

(termination of use of the decision)

With the application of this Decision, Chapters 1, 2, 3, 6 and 7 of the Decision on Documentation for Issuing Licences for the Provision of Banking and Financial Services and for Status Changes (Official Gazette of the RS, Nos. 73/15 and 92/21 – ZBan-3) cease to apply.

Article 8

(entry into force of the decision)

This Decision enters into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia, and shall be applied from 18 July 2023.

Ljubljana, 10 May 2023

Boštjan Vasle

Chairman of the Council of the Bank of Slovenia