Decision on Documentation for Issuing Permission to Include Capital Instruments in Bank Capital Calculations and on Documentation for Subsequent Issuances of Instruments

Evidentiary Data
Collection: Other General and Individual Acts
Decision on Documentation for Issuing Permission to Include Capital Instruments in Bank Capital Calculations and on Documentation for Subsequent Issuances of Instruments Official Gazette of the Republic of Slovenia, No. 677/26 ID:
SKLE14389
SOP:
2026-01-1337
Adopted:
17 May 2026
Published:
19 May 2026
Effective from:
3 June 2026
Type of Act:
Decision
Competent Authority:
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

Pursuant to the fifth paragraph of Article 9 and the fourth paragraph of Article 178 of the Banking Act (Official Gazette of the RS, No. 15/26; hereinafter: ZBan-4) and the first paragraph of Article 31 of the Bank of Slovenia Act (Official Gazette of the RS, No. 72/06 – official consolidated text, 59/11, 55/17 and 15/26 – ZBan-4) in conjunction with Article 26 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L No. 176 of 27 June 2013, p. 1), last amended by Corrigendum (OJ L No. 2025/90998 of 5 December 2025, p. 1), (hereinafter:
Regulation 575/2013/EU
), the Council of the Bank of Slovenia issues

Decision on Documentation for Issuing Permission to Include Capital Instruments in Bank Capital Calculations and on Documentation for Subsequent Issuances of Instruments

CHAPTER I
GENERAL PROVISIONS

Article 1
(content of the decision)

(1) This Decision determines:

a) the detailed content of the documentation that a bank, depository, or credit institution (hereinafter: bank) must attach:

– to the request for issuing permission under the second paragraph of Article 178 of ZBan-4 or permission under the first sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU for the inclusion of a capital instrument in the bank’s capital calculation;

– to the notification for subsequent issuances of Common Equity Tier 1 instrument forms under the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU ;

b) the deadline for submitting the notification for subsequent issuances of Common Equity Tier 1 instrument forms prior to their classification as Common Equity Tier 1 instruments in accordance with the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU .

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

Article 2
(definitions)

The terms used in this Decision have the same meaning as in the provisions of ZBan-4 and Regulation 575/2013/EU and regulations issued thereunder.

CHAPTER II
DOCUMENTATION FOR ISSUING PERMISSION TO INCLUDE CAPITAL INSTRUMENTS IN CAPITAL CALCULATIONS

Article 3
(general)

(1) In accordance with the first sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU or the second paragraph of Article 178 of ZBan-4, the bank shall obtain prior permission from the competent authority for the inclusion of a capital instrument in the capital calculation, taking into account the provisions regarding the decision-making procedure for issuing permissions under Section 16.2 of ZBan-4, unless Regulation 575/2013/EU or another regulation explicitly stipulates otherwise.

(2) The bank shall attach the information from Article 4 of this Decision to the request for issuing permission to include a capital instrument in the capital calculation.

(3) A bank that is not classified as a significant credit institution in accordance with the fourth paragraph of Article 6 of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L No. 287 of 29 October 2013, p. 63), in relation to subsequent issuances of Common Equity Tier 1 instrument forms in accordance with the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU , shall act in accordance with Chapter III of this Decision.

Article 4
(information regarding the request for permission)

(1) The request for issuing permission to include a capital instrument in the capital calculation under the second paragraph of Article 3 of this Decision shall contain the following:

a) basic documentation (contract, prospectus, or other) related to the issuance of the capital instrument;

b) the amount and date of the planned issuance of the capital instrument for inclusion in the capital calculation and its impact on the capital ratios under Article 92 of Regulation 575/2013/EU , as well as a description of the purpose of the bank’s capital increase;

c) the category of capital and the level of inclusion of the capital instrument (individual and/or consolidated basis);

č) the name of the holder of the capital instrument, if known; otherwise, the name of the potential holder or type of potential holders (e.g., institutional investors) of the relevant capital instrument;

d) a summary of the main characteristics of the capital instrument based on the prescribed EU CCA template in Annex VII of Commission Implementing Regulation (EU) 2021/637 of 15 March 2021 laying down implementing technical standards with regard to the public disclosure of information under Titles II and III of Part Eight of Regulation (EU) No 575/2013 of the European Parliament and of the Council by institutions and repealing Commission Implementing Regulation (EU) No 1423/2013, Commission Delegated Regulation (EU) 2015/1555 , Commission Implementing Regulation (EU) 2016/200 and Commission Delegated Regulation (EU) 2017/2295 (OJ L No. 136 of 21 April 2021, p. 1), last amended by Commission Implementing Regulation (EU) 2022/2453 of 30 November 2022 amending implementing technical standards under Implementing Regulation (EU) 2021/637 regarding the disclosure of environmental, social, and governance risks (OJ L No. 324 of 19 December 2022, p. 1);

e) a demonstration of compliance with the required conditions under Articles 28, 52, or 63 of Regulation 575/2013/EU , including relevant conditions from regulatory and implementing technical standards or other regulations under Article 9 of ZBan-4;

f) a description of the accounting treatment of the relevant capital instrument;

g) a projection of the bank’s capital and capital requirement calculations, including capital buffers, for the next three years, as well as its business strategy, including projections of the balance sheet, income statement, and statement of comprehensive income, as defined in the Decision on Accounting Books and Annual Reports of Banks and Depositories (Official Gazette of the RS, No. 36/25 and 15/26 – ZBan-4);

h) consent of the bank’s management and supervisory bodies regarding the issuance of the capital instrument;

i) other facts and circumstances that could affect the fulfillment of conditions for obtaining permission to include the capital instrument in the bank’s capital calculation;

j) a declaration by the bank’s management body that the bank has not and will not indirectly or directly finance the acquisition of ownership of the capital instrument, or the submission of other evidence regarding the funding sources of holders for acquiring ownership of capital instruments for the purpose of the requirement under point (b) of the first paragraph of Article 28, point (c) of the first paragraph of Article 52, and point (c) of Article 63 of Regulation 575/2013/EU ;

k) a declaration by the bank’s management body that, with regard to the capital instrument, there are no additional contracts, agreements, arrangements, or setups that could affect or cause non-compliance with the conditions for the capital instrument or change the economic substance of the instrument, as stipulated in Article 79a of Regulation 575/2013/EU .

(2) For the inclusion of Additional Tier 1 instruments in the capital calculation, the request for issuing permission under the second paragraph of Article 3 of this Decision shall, in addition to the information from the first paragraph of this Article, also contain the following:

a) a detailed analysis of the expected amount of Common Equity Tier 1 capital that would be created if the principal value of Additional Tier 1 instruments were fully written down or converted, as stipulated in the third paragraph of Article 54 of Regulation 575/2013/EU , after taking into account all foreseeable burdens associated with the instruments during the entire write-down or conversion period;

b) a detailed analysis of the increase in the principal value of Additional Tier 1 instruments following the temporary write-down of the principal, as stipulated in point (e) of the second paragraph of Article 21 of Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards on capital requirements for institutions (OJ L No. 74 of 14 March 2014, p. 8), last amended by Commission Delegated Regulation (EU) 2023/827 of 11 October 2022 establishing regulatory technical standards on the amendment of Delegated Regulation (EU) No 241/2014 regarding prior permission for capital reduction and requirements related to qualified liabilities instruments (OJ L No. 104 of 19 April 2023, p. 1);

c) in the case of the issuance of Additional Tier 1 instruments by a subsidiary located in a third country for which the trigger level is calculated in accordance with the national legislation of that third country, the submission of an independent external legal opinion confirming that the legislation of that third country and the contractual provisions governing the instruments are at least equivalent to the requirements of Article 54 of Regulation 575/2013/EU , as stipulated in point (e) of the first paragraph of Article 54 of Regulation 575/2013/EU .

(3) The information from the first and second paragraphs of this Article shall be submitted by the bank on an individual and/or consolidated basis, depending on the level of inclusion of the relevant capital instrument in the capital calculation. If the bank intends to include the relevant capital instrument in the capital calculation on a consolidated basis, the provisions of the first and second paragraphs of this Article shall apply with appropriate adjustments when submitting the information.

(4) The information from point (e) of the first paragraph of this Article shall be submitted by the bank in the form of a form that is an integral part of this Decision, namely:

a) for Common Equity Tier 1 instruments on the CET1 form;

b) for Additional Tier 1 instruments on the AT1 form;

c) for Additional Tier 2 instruments on the T2 form.

(5) The Bank of Slovenia may, in addition to the documentation and data from the first and second paragraphs of this Article, request additional information intended to verify compliance with the prescribed conditions for issuing permission to include a capital instrument in the bank’s capital calculation.

(6) Within the framework of the decision-making procedure regarding the request for issuing permission to include a capital instrument in the capital calculation, the bank shall immediately submit amended, new, or additional information to the competent authority if changes or additions occur to the originally submitted information from the first and second paragraphs of this Article.

(7) If the decision-making procedure of the competent authority regarding the issuance of permission to include a capital instrument in the capital calculation is carried out based on the draft of the basic documentation from point (a) of the first paragraph of this Article, the bank shall submit the final version no later than five working days after its conclusion or entry into force. At the same time, it shall attach a declaration from the bank’s management body that the final version of the basic documentation from point (a) of the first paragraph of this Article does not differ from the originally submitted draft on the basis of which the competent authority made the decision in the form of the issued permission to include the capital instrument in the capital calculation, or explains the differences from the originally submitted draft.

(8) Notwithstanding the fact that the bank has obtained permission from the competent authority to include a capital instrument in the capital calculation based on the second paragraph of Article 178 of ZBan-4, the competent authority may require the bank to supplement or amend individual provisions of the basic documentation from point (a) of the first paragraph of this Article if deviations from the required conditions for the bank’s relevant capital instrument are identified in the subsequent quality review process by the European Banking Authority under Article 80 of Regulation 575/2013/EU . After harmonization, the bank shall immediately submit to the competent authority a demonstration of compliance with the required conditions under point (e) of the first paragraph of this Article of this Decision in the form of the prescribed form from the fourth paragraph of this Article.

CHAPTER III
DOCUMENTATION FOR SUBSEQUENT ISSUANCES OF COMMON EQUITY TIER 1 INSTRUMENT FORMS AND DEADLINE FOR SUBMITTING NOTIFICATION

Article 5
(documentation for subsequent issuances of Common Equity Tier 1 instrument forms)

(1) For the purpose of assessing compliance with the condition under point (a) of the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU regarding the equality of provisions governing previous and subsequent issuances of Common Equity Tier 1 instrument forms, the bank shall submit the following documentation to the Bank of Slovenia:

a) a declaration by the bank’s management body that, from the perspective of compliance with the conditions under Article 28 of Regulation 575/2013/EU and relevant regulations issued thereunder, the content of the provisions governing subsequent issuances of Common Equity Tier 1 instrument forms has not changed compared to the provisions of the previous issuance for which the bank received permission in accordance with Regulation 575/2013/EU ;

b) a declaration by the bank’s management body that the bank has not and will not indirectly or directly finance the acquisition of ownership of the capital instrument, or the submission of other evidence regarding the funding sources of holders for acquiring ownership of capital instruments for the purpose of the requirement under point (b) of the first paragraph of Article 28 of Regulation 575/2013/EU ;

c) a declaration by the bank’s management body that, with regard to the capital instrument, there are no additional contracts, agreements, arrangements, or setups that could affect or cause non-compliance with the conditions for the capital instrument or change the economic substance of the instrument, as stipulated in Article 79a of Regulation 575/2013/EU ;

č) evidence that the instrument has been fully paid up;

d) a description of changes to the provisions of the subsequent issuance of Common Equity Tier 1 instrument forms compared to the provisions of the previous issuance, as well as a self-assessment of these changes from the perspective of compliance with the conditions under Article 28 of Regulation 575/2013/EU and relevant regulations issued thereunder;

e) a comparison between the text of the provisions governing subsequent and previous issuances of Common Equity Tier 1 instrument forms, in a format that shows the changes.

(2) For the purpose of the condition under point (a) of the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU , the provisions governing previous and subsequent issuances of Common Equity Tier 1 instrument forms shall be considered substantially equal if, in the subsequent issuance, there are no changes to the provisions compared to the previous issuances that could affect the fulfillment of conditions for Common Equity Tier 1 instruments.

(3) In addition to the documentation from the first paragraph of this Article, the bank shall submit to the Bank of Slovenia information regarding the amount and date of issuance, the names of holders of Common Equity Tier 1 instruments, and a description of the purpose of the capital increase for subsequent issuances of Common Equity Tier 1 instrument forms.

(4) The Bank of Slovenia may, in addition to the documentation from the first paragraph of this Article, require the bank to submit additional information intended to verify compliance with the condition under point (a) of the third sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU .

Article 6
(deadline for submitting notification for subsequent issuances of Common Equity Tier 1 instrument forms)

(1) For the purpose of point (b) of the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU regarding the timely official notification of the competent authority regarding the subsequent issuance of Common Equity Tier 1 instrument forms, the bank shall submit all documentation from Article 5 of this Decision to the Bank of Slovenia no less than 20 days before the date of the planned classification of the instruments as Common Equity Tier 1 instruments.

(2) If the Bank of Slovenia determines that the subsequent issuance of Common Equity Tier 1 instrument forms does not meet the conditions of the third paragraph of Article 26 of Regulation 575/2013/EU , it shall notify the bank in writing within the deadline specified in the previous paragraph.

(3) If the bank does not receive written notification from the Bank of Slovenia under the second paragraph of this Article regarding non-compliance with the condition under point (a) of the second sub-paragraph of the third paragraph of Article 26 of Regulation 575/2013/EU within 20 days after submitting the documentation from Article 5 of this Decision, the bank may classify the instrument as a Common Equity Tier 1 instrument.

CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS

Article 7
(proceedings in progress)

Proceedings for issuing permission to include a capital instrument in the capital calculation that began before the entry into force of this Decision shall be concluded in accordance with this Decision.

Article 8
(termination of validity of the decision)

With the entry into force of this Decision, the Decision on Documentation for Issuing Permission to Include Capital Instruments in Bank and Depository Capital Calculations and on Documentation for Subsequent Issuances of Instruments (Official Gazette of the RS, No. 21/21, 92/21 – ZBan-3 and 15/26 – ZBan-4) shall cease to be valid.

Article 9
(entry into force of the decision)

This Decision shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia.

No. 008/2026

Ljubljana, 18 May 2026

EDA 2026-5023912000-0009

Primož Dolenc
Chairman of the Council of the Bank of Slovenia

Annex 1: CET1 Form: Assessment of Compliance of Common Equity Tier 1 Instruments

Annex 2: AT1 Form: Assessment of Compliance of Additional Tier 1 Instruments

Annex 3: T2 Form: Assessment of Compliance of Additional Tier 2 Instruments