Decision on Documentation Regarding Conditions for Appointment of Collateral Asset Custodian

Evidence Data
Collection: Other General and Individual Acts
Decision on Documentation Regarding Conditions for Appointment of Collateral Asset Custodian Official Gazette of the Republic of Slovenia, No.
11/22
ID:
SKLE12694
SOP:
2022-01-0168
Adopted:
24. 1. 2022
Published:
27. 1. 2022
Effective from:
7. 7. 2022
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. Before this date, official editions were published in paper form.

Text

Pursuant to the third paragraph of Article 33 of the Mortgage and Municipal Bond Act (Official Gazette of the RS, No. 123/21) and the first paragraph of Article 31 of the Bank of Slovenia Act (Official Gazette of the RS, No. 72/06 – consolidated text, 59/11 and 55/17), the Council of the Bank of Slovenia, having obtained the opinion of the Securities Market Agency dated 8 December 2021, issues

DECISION

on documentation regarding conditions for appointment of collateral asset custodian

1. GENERAL PROVISIONS

Article 1

(content of the decision)

(1) This Decision specifies in detail the content of the documentation for proving compliance with the conditions for appointment as a collateral asset custodian, which the candidate for collateral asset custodian attaches to the application for obtaining a license for conducting business as a collateral asset custodian from the second indent of the first paragraph of Article 33 of the Mortgage and Municipal Bond Act (Official Gazette of the RS, No. 123/21; hereinafter ZHKO-2).

(2) The provisions of this Decision also apply to the internal collateral asset custodian and deputies of the custodian or internal collateral asset custodian.

Article 2

(usage of terms)

The terms used in this Decision have the same meaning as in the provisions of ZHKO-2.

2. DOCUMENTATION FOR PROVING COMPLIANCE WITH CONDITIONS

Article 3

(required documentation)

(1) The candidate for collateral asset custodian shall attach the following documentation to the application for obtaining a license from the Bank of Slovenia for conducting business as a collateral asset custodian, with which they prove compliance with the conditions for appointment as a collateral asset custodian:

1. completed questionnaire for assessing the suitability of the candidate for collateral asset custodian, which is an integral part of this Decision;

2. copy of personal identification document;

3. curriculum vitae;

4. copy of evidence of obtained professional education;

5. copy of evidence showing that the candidate for collateral asset custodian is an authorized auditor who meets the conditions determined by the law governing auditing, or a copy of evidence of appropriate professional competence of the candidate;

6. copy of evidence regarding work experience and activities performed by the candidate;

7. draft contract or all contracts between the issuer and the candidate regarding the conduct of business as a collateral asset custodian, initialed by the issuer;

8. declaration by the candidate that they are a separate and independent person from the issuer and the auditor auditing the issuer's business, in such a way that their economic, personal, or other connections with the credit institution or the auditor auditing the business of the relevant credit institution will not affect their impartial, professional, objective, fair, and comprehensive personal assessment in conducting business as a collateral asset custodian;

9. extract from the criminal record and evidence showing that no final indictment has been filed against the candidate for collateral asset custodian for a criminal offense prosecuted ex officio and for which a prison sentence of one year or more can be imposed.

(2) The candidate for internal collateral asset custodian shall attach to the application for obtaining a license from the Bank of Slovenia for conducting business as a collateral asset custodian the documentation from the first paragraph of this Article, whereby instead of the declaration from point 8 of the previous paragraph, they submit declarations or other appropriate documentation from which it is evident that the conditions from the fourth paragraph of Article 32 of ZHKO-2 are met.

3. FINAL PROVISIONS

Article 4

(beginning of validity)

This Decision shall enter into force on 8 July 2022.

Ljubljana, 25 January 2022

Boštjan Vasle
President of the Council of the Bank of Slovenia

Appendix: Questionnaire for Assessing the Suitability of the Candidate for Collateral Asset Custodian