Decision on Documentation for Issuing Permits for Status Transformations

Evidentiary Data
Collection Register of Regulations
Decision on Documentation for Issuing Permits for Status Transformations Official Gazette of the Republic of Slovenia, No.
55/23 and
15/26
– ZBan-4
ID:
SKLE13378
SOP:
2023-01-1691
Adopted:
9 May 2023
Published:
14 May 2023
Effective from:
29 May 2023
Applicable from:
17 July 2023
Type of Act:
Decision
Lead 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 Article 123 of the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 92/21 and 123/21 – ZBNIP; hereinafter ZBan-3) and Article 31(1) of the Act on the Bank of Slovenia (Official Gazette of the Republic of Slovenia, No. 72/06 – consolidated text and 59/11 and 55/17), the Council of the Bank of Slovenia issues

DECISION

on documentation for issuing permits for status transformations

1. GENERAL PROVISIONS

Article 1

(content of the decision)

(1) This Decision specifies the detailed content of the documentation that the applicant must attach to the application for a permit for status transformations under Article 121(1) and (2) of ZBan-3, when the application for a permit is submitted to the Bank of Slovenia in accordance with ZBan-3 and 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).

(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 corrigendum (OJ L 39 of 9 February 2023, p. 1) (hereinafter: Regulation (EU) No 575/2013), and in regulations issued on their basis.

2. DOCUMENTATION FOR ISSUING PERMITS FOR STATUS TRANSFORMATIONS

Article 3

(documentation for issuing a permit for merger)

(1) A bank participating in a merger as the acquiring bank must attach to the application for a permit for merger:

• the documentation from Article 121(3) and (4) of ZBan-3,

• the 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 provided in applications for permits for 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 Corrigendum 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 provided in applications for permits for 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: Delegated Regulation), and

• the information from the Delegated Regulation 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 as regards the submission of information in applications for permits for credit institutions (OJ L No 335 of 29 December 2022, p. 86); last amended by the Corrigendum 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 as regards the submission of information in applications for permits for credit institutions (OJ L No 10 of 12 January 2023, p. 113; hereinafter: Implementing Regulation), except for tables 5, 6, 7 and 8 of the Implementing Regulation, if there are no changes to this information due to the merger.

(2) A bank participating in a merger as the acquired bank must attach to the application for a permit for merger:

• if the acquiring bank is not a bank, documentation showing that it has ceased to provide banking services and that existing business in this regard has either been concluded or transferred to another legal person with a permit for providing banking services;

• if the acquiring bank simultaneously submits an application for a permit to provide banking services, the documentation from Chapter 2 of the Decision on Documentation for Issuing Permits for Providing Banking and Financial Services (Official Gazette of the Republic of Slovenia, No. 55/23).

(3) A bank participating in a consolidation must attach to the application for a permit for merger:

• if the acquiring bank will not be a bank, documentation showing that it has ceased to provide banking services and that existing business in this regard has either been concluded or transferred to another legal person with a permit for providing banking services;

• if the acquiring bank intends to provide banking services, the documentation from Chapter 2 of the Decision on Documentation for Issuing Permits for Providing Banking and Financial Services (Official Gazette of the Republic of Slovenia, No. 55/23).

Article 4

(documentation for issuing a permit for division)

A bank participating in a division must attach to the application for a permit for division the documentation from Article 121(3) and (4) of ZBan-3 and the information and documentation from the Delegated Regulation on the form set out in the Implementing Regulation, except for tables 5, 6, 7 and 8 of the Implementing Regulation, if there are no changes to this information due to the division.

Article 5

(documentation for issuing permits for other status transformations)

The provisions of this Decision shall apply mutatis mutandis also to the issuance of permits for other status transformations in which a bank is involved.

Article 6

(documentation regarding insured deposits)

(1) A bank participating in a merger as the acquiring bank must attach to the application for a permit for merger, in addition to the documentation from Article 3 of this Decision, information showing that depositors will be appropriately informed about their rights in the event of a breach of the insured deposit limit due to the merger.

(2) Banks participating in a consolidation must attach to the application for a permit for merger, in addition to the documentation from Article 3 of this Decision, information showing that depositors will be appropriately informed about their rights in the event of a breach of the insured deposit limit due to the consolidation.

3. FINAL PROVISIONS

Article 7

(termination of application of the decision)

With the entry into force of this Decision, Chapter 4 of the Decision on Documentation for Issuing Permits for Providing Banking and Financial Services and for Status Transformations (Official Gazette of the Republic of Slovenia, Nos. 73/15 and 92/21 – ZBan-3) shall cease to apply.

Article 8

(entry into force of the decision)

This Decision shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia, and shall be applied from 17 July 2023.

Ljubljana, 10 May 2023

Boštjan Vasle
Chairman of the Council of the Bank of Slovenia