Decision on Financial Service Consumers’ Complaints to Service Providers and the National Bank of Serbia and Mediation Proposals

RS Official Gazette, No 51/2025
Pursuant to Article 59, paragraph 12, Article 60, paragraph 13 and Article 61, paragraph 15 of the Law on the Protection of Financial Service Consumers (RS Official Gazette, No 19/2025) and Article 15, paragraph 1 of the Law on the National Bank of Serbia (RS Official Gazette, Nos 72/2003, 55/2004, 85/2005 – other law, 44/2010, 76/2012, 106/2012, 14/2015, 40/2015 – CC decision, 44/2018 and 19/2025), the Executive Board of the National Bank of Serbia adopts the following D E C I S I O N ON FINANCIAL SERVICE CONSUMERS’ COMPLAINTS TO SERVICE PROVIDERS AND THE NATIONAL BANK OF SERBIA AND MEDIATION PROPOSALS

1. Introductory provisions
2. This Decision defines in more detail the manner in which a financial
   service consumer (hereinafter: consumer) files a complaint to a financial service provider (hereinafter: service provider) or to the National Bank of Serbia (NBS), the manner of complaint handling, the manner of submitting mediation proposals to the NBS and the NBS mediation procedure, as well as other issues pertaining to the procedure for the protection of consumer rights.
3. For the purposes of this Decision, the following definitions shall apply:

1. consumer means:
   ‒ a natural person using or having used financial services or having approached the service provider with an intention to use these services, more specifically: a natural person using, having used or intending to use financial services for purposes outside their business or other commercial activity; an entrepreneur and a farmer, except an entrepreneur in the capacity of or in relation to the capacity of a representative of a payment service provider or a person to whom the bank, as the service provider within the meaning of this Decision, has outsourced the activity of payment service provision, ‒ a legal person as a payment service consumer or electronic money holder within the meaning of the law governing payment services, except a legal person payment service provider within the meaning of this Decision and a legal person in the capacity of or in relation to the capacity of a representative of a payment service provider or a person to whom the bank, as the service provider within the meaning of this Decision, has outsourced the activity of payment service provision;

2. service provider means a bank, financial lessor, payment
   institution, electronic money institution and the public postal operator in relation to payment services provision and electronic money issue;

3. in writing means a text or a document composed on paper or
   another durable medium, including an electronic document;

4. means of distance communication is any means which may be
   used for submitting complaints, submitting documents, information or data in a complaint procedure to the service provider or the NBS or a mediation proposal without the simultaneous physical presence of the service provider and the consumer (e.g. internet, e-banking or m-banking apps, e-mail, post and telephone);

5. complaint is any approach of the consumer to the service provider
   in the manner specified in this Decision, including transaction complaint, whereby the consumer expresses dissatisfaction with the actions of such provider or indicates its omissions, regardless of how the consumer has titled such written address. A consumer, within the meaning of this Decision, shall also be the provider of collateral for the service provider’s receivables from the consumer referred to in paragraph 1, item 1), indent 1 of this Section based on the use of a financial service. In the event that the complaint refers to the work of the representative of the service provider providing payment services or issuing electronic money – the service provider, within the meaning of this Decision, shall be the represented payment service provider or electronic money issuer.

2. Complaint procedure with the service provider
3. A consumer may file a complaint about the work of a service provider
   within six months of the day they became aware of the violation of their right and no later than within three years since that violation was committed. The complaint shall be filed in writing, in the service provider’s business premises, or by any means of distance communication. The service provider shall ensure that the consumer may file a complaint in any of the ways stipulated in paragraph 1 of this Section and may also enable them to file a complaint electronically in another appropriate manner that allows for the establishment of the date and time of the complaint receipt and its content. A service provider providing payment services through a representative shall ensure the possibility for consumers to file complaints regarding the work of this representative, including in the representative’s premises. If a complaint is filed after the expiry of the deadline from paragraph 1 of this Section, the service provider shall immediately notify the consumer

that the complaint was filed after the stipulated deadline and that it therefore has no obligation to consider it. The notification from paragraph 4 of this Section shall not prevent the service provider from considering and/or accepting the consumer’s complaint if it considers the complaint founded.
4. The complaint shall contain information about the consumer which
unequivocally shows the relation with the service provider to which the complaint refers, as well as the reasons for filing the complaint. If filed by a proxy, the complaint shall be accompanied with a special power of attorney whereby the consumer authorises the proxy to file a complaint in their name and for their account about the work of a specific service provider, to take actions in the complaint procedure, and to access information related to the consumer which is considered a bank secret within the meaning of the law governing banks, or a business secret within the meaning of the law governing payment services.
5. The service provider shall visibly display in its premises where the
services are offered the information on how complaints are filed and handled, and on the possibility and the manner in which complaints can be filed to the NBS. The service provider is required to place a clearly visible link on the homepage of its website, specifically in the header section, which is explicitly labelled as relating to consumer complaints and which must directly lead the consumer to a complaint submission form and the information specified in paragraph 1 of this Section. The service provider providing services through an e-banking and/or m-banking application is required to place a clearly visible link in the application, which is explicitly labelled as relating to consumer complaints and which must directly lead the consumer to a complaint submission form and the information specified in paragraph 1 of this Section. The service provider providing payment services or issuing electronic money through a representative shall ensure that the information from paragraph 1 of this Section is visibly displayed in the business premises of this representative as well.
6. The service provider shall receive the complaint in writing in any of the
business premises where it offers services to consumers and shall issue a certificate of receipt to the consumer, designating the place and time of the

receipt and the person employed by the service provider who received the complaint. If the consumer intends to make a verbal complaint, the service provider shall warn them that it is under no obligation to consider verbal complaints and shall instruct them on how to file a complaint. The provisions of paragraphs 1 and 2 of this Section shall also apply to the representative of the service provider through which this provider is providing payment services. Notwithstanding paragraph 2 of this Section, in the event of a distance agreement concluded via phone, when the complaint has been filed orally by phone, the service provider shall make a record of this complaint by entering in the appropriate documents information about the consumer, subject matter of the complaint and the date and time of receiving the complaint.
7. If the consumer filed the complaint by e-mail, through the service
provider’s website, via an e-banking or m-banking application, or in another appropriate manner in electronic form referred to in Section 3, paragraph 2 hereof, as well as in the case from Section 6, paragraph 4 hereof, the service provider shall immediately confirm the receipt of the complaint by e-mail or electronically in another appropriate manner. The receipt certificate from paragraph 1 of this Section shall contain in particular information about the consumer, the substance of the complaint, and the date and time of complaint receipt.
8. The service provider shall consider the complaint and provide the
reply in writing in the manner stipulated in Section 9 hereof no later than within 15 days from receiving the complaint. Notwithstanding paragraph 1 of this Section, if the service provider is unable to reply within the deadline specified therein for reasons that are beyond its control, the deadline may be extended by no more than 15 days, of which the service provider shall notify the consumer in writing as stipulated in Section 9 hereof within 15 days from receiving the complaint. The notification from paragraph 2 of this Section shall set out the reasons why it is not possible to reply within the deadline from paragraph 1 of this Section and shall state the final deadline for sending the reply.

9. The service provider shall submit the reply to the complaint in writing,
   using the same means of communication through which the complaint was received, in the manner that ensures that the date and time of receiving the reply and its content can be ascertained, and that the consumer can access the reply and reproduce it in an unaltered form. If the consumer submitted the complaint via the service provider’s website, the reply to the complaint shall be delivered in writing, by e-mail or in another appropriate manner in accordance with paragraph 1 of this Section. The service provider may submit the reply to the complaint by post and in the form of a printed copy of an electronic document (hard-copy of the electronic document) and, after receiving such document, the consumer shall have the right to request the original copy of the electronic document or its certified copy within the meaning of the law governing the electronic document. The electronic document referred to in paragraphs 1 and 2 of this
   Section shall contain the qualified electronic signature of the authorised
   person of the service provider or the qualified electronic stamp, within the meaning of the law governing the electronic document.

10. The service provider’s reply should be complete, clear and
    understandable to the consumer, it should relate to the subject matter of the complaint and contain an assessment of its merit. If the service provider assesses the complaint to be founded, it shall notify the consumer of whether the reasons for the complaint have been removed, or of the deadline for their removal and of the measures that shall be taken to remove them. In its reply, the service provider shall inform the consumer about their right to file a complaint to the NBS, stating the address or website (e.g. link, QR code) of the NBS through which a complaint may be filed.

11. The service provider shall implement the complaint procedure in
    accordance with the law governing the protection of financial service consumers (hereinafter: Law), this Decision and its internal acts. The service provider shall not charge the consumer any fees or any other amount in respect of the costs of complaint handling.

12. Complaint procedure with the NBS

13. If the consumer is dissatisfied with the service provider’s reply to the
    complaint or if the reply was not sent within the deadline from Section 8 of this Decision, before initiating court proceedings the consumer may file a complaint to the NBS in writing – by post or via the NBS’s website. If the consumer approaches, or files a complaint to the NBS in a manner other than prescribed by paragraph 1 of this Section (to one of the e￾mail addresses of the NBS), the NBS shall inform the consumer about the manner in which the complaint can be filed. The deadline for filing a complaint to the NBS shall be six months from the date of receipt of the reply from paragraph 1 of this Section or from the expiry of the deadline for sending the reply. The NBS shall not charge any fees for the complaint procedure. Any costs incurred by the consumer or service provider in relation to the procedure shall not be decided upon by the NBS; rather, each party shall cover its own costs, regardless of the outcome of the procedure (the costs of photocopying, sending and certifying documents, costs of representation, etc.).

14. The complaint to the NBS shall contain information which enables the
    identification of the consumer (the natural person’s name, surname and address or the legal person’s business name, head office, registration number, and name and surname of their legal representative) and the service provider (business name and head office), and the establishment of the relationship between the consumer and service provider, as well as the reasons for the complaint, i.e. the request behind the complaint. Along with the complaint, the consumer shall submit to the NBS the complaint addressed to the service provider, its reply (if any) and the documents based on which the allegations in the complaint can be assessed. If submitted by a proxy, in addition to documents from paragraph 2 of this Section, the complaint shall be accompanied with a special power of attorney whereby the consumer authorises the proxy to file a complaint about the work of a specific service provider to the NBS in the consumer’s name and for the consumer’s account, to take actions in the complaint procedure, and to access information related to the consumer which is considered a bank secret within the meaning of the law governing banks, or a business secret within the meaning of the law governing payment services. If the complaint is incomplete (does not contain information and allegations from paragraph 1 of this Section or documents from paragraphs 2 and 3 of this Section or is incomprehensible), within eight days from the

receipt of the complaint the NBS shall invite the consumer in writing to put the complaint in order within a set deadline. If the complainant fails to put the complaint in order within the deadline set out in paragraph 4 of this Section, the NBS shall not take it into further consideration.
14. The NBS shall not consider a complaint:

1. filed before a complaint had been filed to the service provider, that
   is, before the expiry of the deadline for the service provider’s reply to the complaint;
2. relating to the complaint filed to the service provider upon the
   expiry of the deadline from Section 3, paragraph 1 hereof;
3. filed after the expiry of the deadline from Section 12, paragraph 3
   hereof;
4. filed after the initiation of court and/or enforcement procedure, or if
   its subject matter is a disputed issue for which such procedure is being conducted, or if the court procedure regarding that issue has been finally adjudicated;
5. requiring that the NBS ensures that the service provider executes
   a court decision, a decision of another competent body and organisation or a person entrusted with the exercise of public powers (public bailiffs, public notaries etc.);
6. if there is an obvious disproportion between the value of the
   subject of the complaint and the costs of addressing the complaint by the NBS;
7. if the disputed issue in the specific case is which person is in
   charge of representing the legal person, especially if there is no public register of persons authorised for representation (e.g. trade unions);
8. if the establishment of the facts and consideration of the complaint
   requires the presentation of evidence which the NBS may not present in the complaint procedure (court expert analysis, inspection, the hearing of the complainant or witnesses, etc.);
9. if the facts, as estimated by the NBS, suggest that there are
   grounds to suspect fraudulent conduct by the consumer;
10. if the contents of the complaint clearly indicate that it does not aim
    to protect the rights of the consumer filing the complaint, or if the consumer is abusing the right to complaint, especially if the content of the complaint is unlawful, unreasonable, frivolous or offensive;
11. containing the same allegations and/or requests as the complaint
    of the same consumer that was already addressed;
12. if deciding on the matter requires applying a regulation that is not
    the Law nor falls under the regulations stipulated in Section 17, paragraph 2 hereof.

In the event from paragraph 1 of this Section, the NBS shall notify the consumer within 21 days of receiving the complaint that it shall not consider the allegations made in the complaint and the reasons therefor. If the consumer repeatedly addresses the NBS in the same way, i.e. with the same allegations and/or requests – the NBS shall not send the notification again.
15. Upon receiving a complete complaint, the NBS shall send a letter
asking the service provider in question to state its position on the allegations from the complaint and provide the relevant evidence in support of its allegations. If the content of the complaint, the service provider’s reply to the complaint and any other documents submitted by the consumer alongside the complaint indicate that the complaint is unfounded, the NBS shall not be obligated to request clarification from the service provider and may, without such clarification, notify the consumer of its findings regarding the complaint in accordance with Section 20, paragraph 1, item 3) hereof.
16. The service provider shall state its position on the allegations from the
complaint from Section 15, paragraph 1 hereof, in writing, and shall submit evidence supporting the allegations from the statement, within the deadline set by the NBS in the request under that paragraph, which cannot be longer than 15 days from the day of the receipt of the request. Upon the receipt of the statement from paragraph 1 of this Section, or upon the expiry of the deadline from that paragraph, the NBS may request additional clarifications from the service provider or the submission of appropriate evidence within the deadline set in its request. If the service provider fails to state its position within the stipulated deadline, or if the submitted clarification is incomplete, or if it fails to submit the evidence in accordance with paragraphs 1 and 2 of this Section, the NBS may, regardless of further complaint handling, issue a decision imposing a fine on the service provider in accordance with Article 60, paragraph 8 of the Law. In order to determine the facts, the NBS may require the consumer to supplement their complaint or clarify certain circumstances, as well as to submit certain evidence or data and documentation in support of their allegations, within the deadline set by the NBS in its request delivered to the consumer. If the consumer fails to comply with the request specified in paragraph 4 of this Section, the NBS may suspend further procedure – informing the

consumer thereof – or continue the procedure based on the available data and the submitted documentation.
17. In the complaint procedure the NBS shall establish whether the
service provider observes the provisions of the Law, other regulations governing financial services, general terms of business and/or obligations arising from the agreement concluded with the consumer, and in doing so, it shall not be limited to consideration and establishment of potential irregularities indicated in the complaint to the service provider or the NBS, except when the complaint was filed through a legal proxy. Other regulations governing financial services from paragraph 1 of this
Section include the laws governing contracts and torts, financial services in
distance contracts, banks, financial leasing, payment services and payment service providers, multilateral interchange fees, foreign exchange operations and other laws the application of which is supervised by the NBS and which govern the rights of consumers, as well as the regulations issued by the NBS on the basis of these laws. The NBS shall conduct the procedure from paragraph 1 of this Section on the basis of data, information and documents in writing, obtained from the consumer and service provider in the course of the procedure. By way of exception from paragraph 3 of this Section, in more complex cases, i.e. if there is a greater number of complaints with a similar factual situation – the NBS may, for the sake of correct and comprehensive establishment of the factual situation, hold talks with representatives of the service provider. Internal minutes shall be made about the talks referred to in paragraph 4 of this Section, which shall not be submitted to the service provider. These talks may be audio recorded, with the prior consent of the representatives of the service provider. In the procedure referred to in paragraph 1 of this Section, the NBS shall not present evidence by hearing the consumer who filed the complaint and the witnesses, by court expert analysis, inspection and similar, and shall not decide about indemnity requests.
18. The NBS shall inform the consumer of the findings in relation to the
complaint no later than three months following the day of its receipt, though this deadline may be extended in more complex cases by maximum six months, of which the NBS shall notify the consumer in writing before the expiry of the original three-month deadline from the day of the complaint receipt.

The NBS may submit the notification from paragraph 1 of this Section also to the service provider, especially if such notification contains the positions of the NBS relevant for the service provider’s acting in the same or similar cases or if it contains the opinion about the application of regulations. If the findings from paragraph 1 of this Section do not identify any irregularities requiring the NBS to issue a decision from Article 62 of the Law, in the notification from that paragraph the NBS shall point out to the consumer the possibility for settling the dispute with the service provider in a mediation procedure implemented in accordance with Article 61 of the Law, if the NBS, taking into account the nature and circumstances of the particular disputed relationship, estimates that the dispute could be resolved in a mediation procedure.
4. Removing irregularities in the complaint procedure
19. If it ascertains that the service provider failed to observe the provisions
of the Law, other regulations governing financial services within the meaning of Section 17, paragraph 2 hereof, general terms of business and obligations under the agreement concluded with the consumer, the NBS shall submit the findings in relation to the complaint to the service provider to give a statement thereon. The service provider referred to in paragraph 1 of this Section shall submit the statement on the findings therefrom, signed by at least two members of the executive board of a bank or financial lessor to the NBS within the deadline set by the NBS in the findings, which may not be longer than 15 days from the day of the receipt of the findings. If the findings referred to in paragraph 1 of this Section were submitted to a payment institution, electronic money institution or a public postal operator, the statement on such findings shall be signed by the manager of that institution, or director of the operator. If the service provider fails to submit a response to the findings within the deadline specified in paragraph 2 of this Section, or if the NBS determines, upon reviewing the allegations in the response under paragraphs 2 and 3 of this Section, that they do not materially alter the factual situation or the legal assessment provided in the findings under paragraph 1 of this
Section, the NBS shall issue a decision ordering the service provider to
remove the identified irregularities within a specified period and to provide evidence thereof within the deadline set by the decision. Simultaneously, it may also impose a monetary fine in accordance with the Law.

If the service provider fails to submit evidence that it has removed the irregularities within the period specified by the decision from paragraph 4 of this Section – the NBS shall issue a decision imposing a new monetary fine on this service provider, in the maximum amount of the fine prescribed by the Law or the law governing payment services. If by verifying the allegations from the statement referred to in paragraphs 2 and 3 of this Section it ascertains that they significantly change the established factual situation or the legal assessment provided in the findings from paragraph 1 of this Section, the NBS shall compose a supplement to the findings or suspend the procedure from Article 62 of the Law. If, by verifying the allegations from the statement referred to in paragraphs 2 and 3 of this Section or by reviewing the evidence submitted with the statement, the NBS ascertains that the service provider has removed the irregularities identified in the findings from paragraph 1 of this Section, or the consequences of those irregularities, the NBS may – considering whether this is a potential systemic irregularity, as well as assessing the service provider’s earlier conduct, the severity of the identified irregularities, the demonstrated readiness of the service provider to remove them, as well as other relevant circumstances under which those irregularities were committed – suspend the procedure from Article 62 of the Law by issuing a decision which is delivered to the service provider, or independently of the fact that the irregularities have been removed, impose a monetary fine on the service provider in accordance with Article 62, paragraphs 4 and 5 of the Law. If, in the specific case and for the purpose of timely elimination of irregularities, it is necessary to issue such order to the service provider immediately, or in a short period of time, or if the service provider could have eliminated irregularities during the procedure had it acted with due professional care, but failed to do so, and during the complaint procedure the service provider, by receiving the request for statement, was already given the opportunity to give a statement on all facts important for decision-making – the NBS may issue a decision ordering the service provider to eliminate the established irregularities, or impose a fine, without previously submitting to the service provider the findings in relation to the complaint. If, in the complaint procedure, some less important irregularities were identified, or irregularities which were assessed to be of non-systemic nature (e.g. which arose as a consequence of an operational error or omission in employees’ work etc.), and it is in consumers’ interest to remove that irregularity within the shortest possible time – instead of the findings from paragraph 1 of this Section, the NBS may send to the service provider a

notification about the possibility for the service provider to remove the irregularities from this paragraph within the deadline set by the notification in order to preclude the taking of measures in accordance with Article 62 of the Law. If the service provider submits evidence that it acted in compliance with the notification from paragraph 9 of this Section, the NBS shall not take measures from Article 62 of the Law. If the service provider fails to act in compliance with the notification from paragraph 9 of this Section, the NBS shall issue a decision in accordance with paragraph 8 of this Section.
20. The complaint procedure before the NBS shall end in one of the
following ways:

1. complaint withdrawal;
2. submission of evidence of the removal of irregularities, after which
   the notification about the findings from Section 18 of this Decision shall be sent to the consumer, informing them that the established irregularity has been removed;
3. submission of a notification on the findings from Section 18 of this
   Decision whereby the consumer is informed that no irregularities were established in the complaint procedure;
4. conclusion of an agreement on dispute settlement through
   mediation;
5. submission of a notification to the consumer about suspending the
   procedure in accordance with Section 16, paragraph 5 hereof. If the NBS, after delivering the notification of its findings to the consumer in accordance with Section 18 of this Decision, obtains data or establishes facts that it deems appropriate to communicate to the consumer, or if, as a result of measures taken to remove the identified irregularities with the service provider, consequences relevant to the consumer arise – the NBS will inform the consumer of this by supplementing the notification from this paragraph. Ending of the complaint procedure as set out in paragraph 1 of this
   Section shall have no effect on the NBS’s authorisation to issue a decision
   ordering a service provider to eliminate the established irregularities, or to impose a fine in accordance with the law.

5. Definition and principles of a mediation procedure before the NBS

6. If a consumer is dissatisfied with the reply or the reply was not sent
   within the deadline set forth herein, the dispute between the consumer and the service provider may be resolved in an out-of-court settlement procedure – mediation procedure before the NBS (hereinafter: mediation procedure). A mediation procedure may also be initiated after the completion of the complaint procedure, in accordance with the Law and provisions of this Decision.

7. Mediation procedure is a procedure in which the parties voluntarily
   endeavour to resolve a disputed relationship through negotiation, with the assistance of one or more mediators from paragraph 2 of this Section. The mediation procedure shall be conducted by NBS employees with adequate knowledge, qualifications and experience, and with the Governor’s authorisation to conduct mediation tasks – the mediators. The mediator from paragraph 2 of this Section need not be entered in a special register within the meaning of the law governing mediation in dispute resolution. The NBS shall publish a list of mediators from paragraph 2 of this
   Section on its website, based on which the NBS shall select a mediator to
   take part in a mediation procedure.
   The list from paragraph 4 of this Section shall contain information about the name and surname of the mediator, the organisational unit of the NBS where they are employed, as well as the title of the mediator.

8. Both parties in a mediation procedure shall be equal.
   In the mediation procedure, natural persons participate in person, while legal persons are represented by a legal representative registered in an appropriate register or by a proxy. A consumer’s proxy may take part in the mediation procedure together with the side they are representing if they provide a special power of attorney whereby the consumer authorises the proxy to take actions in their name and on their behalf in the mediation procedure with a specific service provider, including signing of the agreement to initiate mediation, as well as signing of the agreement reached in the course of the procedure, whereby they agree that the proxy be granted access to data pertaining to that consumer which constitute a banking secret within the meaning of the law governing banks, or a business secret within the law governing payment services.

A service provider’s proxy may represent the service provider in the mediation procedure, provided that a power of attorney is submitted in advance, whereby the service provider authorises the proxy to act on its behalf and for its account in the mediation procedure before the NBS, including signing of the agreement to initiate mediation, as well as signing of the agreement reached in the course of the procedure. The service provider may deposit the power of attorney referred to in paragraph 4 of this Section with the NBS, which shall remain valid until revoked. With the consent of the parties, third parties designated by them may also participate in the mediation procedure.
24. The mediation procedure shall be voluntary, based on explicit consent
of both parties to a dispute.
25. The mediation procedure shall be confidential, and the public shall be
excluded therefrom.
All data, proposals, and statements from the mediation procedure or related to the mediation procedure shall be confidential, unless the parties have agreed otherwise, except for those that must be disclosed based on the Law and for the protection of public order, as well as in cases where it is necessary for the enforcement of the parties’ agreement. The parties, their legal representatives and proxies, the mediator, third parties participating in the mediation procedure, as well as persons performing administrative tasks for the purposes of mediation, are obliged to keep all data, proposals, and statements related to the mediation procedure confidential.
26. The mediation procedure shall be conducted without delay.
27. The NBS shall not charge any fees for conducting the mediation
procedure. Any costs incurred by the consumer or service provider in relation to the procedure shall not be decided upon by the NBS; rather, each party shall cover its own costs, regardless of the outcome of the procedure (the costs of travel, accommodation, representation, unpaid leave, etc.).
28. The mediation procedure shall be conducted on the NBS premises.
If the mediator determines that there is a need for it and if the technical conditions are met by the parties in the dispute, the mediation

procedure may also be conducted remotely, using appropriate means of electronic communication.
29. The mediator shall seek to resolve the disputed relationship by
presenting their view of the factual situation and legal qualification, and accordingly propose solutions they deem lawful, reasonable and fair, while taking into account the parties’ proposals, the circumstances of the case, and the need for a swift resolution of the disputed relationship. The mediator may conduct joint or separate discussions with the parties in the dispute, as well as convey the proposals and positions of one party to the other party, with the former’s consent.
30. In mediation procedures before the NBS, evidence shall not be
obtained through court expert analysis, inspection, witness hearings, etc. In the mediation procedure, the NBS may not examine the correctness of the findings and opinions of an expert (e.g. a court-appointed expert).
31. Proposals made during mediation solely for the purpose of reaching
an agreement may not be used in court, arbitration, or other proceedings, nor disclosed in any other manner. The parties, their legal representatives and proxies, mediators, third parties participating in the mediation procedure, as well as persons performing administrative tasks for the purposes of the procedure, may not in any court or other proceedings invoke, testify to, or propose as evidence:

1. the fact that one party proposed the initiation of the mediation
   procedure or expressed willingness to participate in it;
2. opinions and positions expressed by a party during the mediation
   procedure, or proposals made by a party in such procedure solely for the purpose of reaching an agreement;
3. opinions, factual circumstances, and legal qualifications, as well as
   possible methods for resolving the disputed relationship presented by the mediator during the mediation procedure, and the fact that a party in the procedure indicated readiness to accept the proposed method of resolving the disputed relationship;
4. a document prepared exclusively for the purposes of the mediation
   procedure.
   If, during the mediation procedure, a party invokes evidence that it could have refused to disclose in another proceeding, the use of such evidence in the mediation procedure does not imply consent to its use in another proceeding.

6. Mediation procedure before the NBS
7. Mediation shall be initiated at the proposal of one party in the dispute,
   and once the other party accepts the proposal, an agreement on initiating the mediation procedure is signed, whereby the mediation procedure is initiated. The mediation proposal shall be submitted to the NBS in writing, by post or via the NBS’s website. The mediation proposal must contain data enabling the identification of the consumer (name, surname and address, or in case of legal persons – business name, head office, registration number and the surname of the legal representative) and the service provider (business name and head office), the establishment of the relationship with the service provider and the reasons for filing the proposal. The proposal from paragraph 2 of this Section shall also contain the deadline for its acceptance which cannot be shorter than five days from the day of the delivery of the proposal to the other party in the dispute. Along with the mediation proposal, the objection submitted by the consumer to the service provider, the service provider’s response (if provided), and the documentation supporting the claims made in the proposal must also be submitted. If the consumer files the mediation proposal through a proxy, in addition to the documentation specified in paragraph 5 of this Section, a special power of attorney as outlined in Section 23, paragraph 3 hereof must also be submitted. If the mediation proposal is incomplete (lacking the information and statements specified in paragraphs 3 and 4 of this Section, or the documentation required under paragraphs 5 and 6 of this Section, or is incomprehensible), the NBS will, within eight days of receiving the proposal, issue a written request to its submitter to rectify the proposal within a specified period. If the submitter of the mediation proposal referred to in paragraph 7 of this Section fails to rectify the proposal within the stipulated period, the NBS will take no further action on the proposal.
8. The NBS shall not act upon the mediation proposal in the following
   cases:

1. if the proposal is submitted prior to filing a complaint to the service
   provider, or before the expiration of the deadline for responding to that complaint;
2. if it pertains to a complaint filed to the service provider after the
   expiration of the deadline specified in Section 3, paragraph 1 hereof;
3. if it was filed after the expiration of the one-year period from the
   date of receipt of the response to the complaint, or from the expiration of the deadline for submitting that response;
4. if it was filed after the initiation of court or enforcement
   proceedings, or if its subject is a disputed issue in respect of which such proceedings are underway or have been finally adjudicated;
5. if it requests that the NBS should ensure that the service provider
   executes a court decision, decision of another competent authority and organisation or a person entrusted with the exercise of public powers (public bailiffs, notaries public, etc.);
6. if there is an obvious disproportion between the value of the
   subject of the proposal and the costs to the NBS for conducting the mediation procedure;
7. if its content clearly indicates that its purpose is not the protection
   of the rights of the consumer who submitted the proposal, or if the consumer abuses the right to submit a mediation proposal, particularly if the proposal has unlawful, unreasonable, frivolous or offensive content. In the case referred to in paragraph 1 of this Section, the NBS will, within 21 days of receiving the proposal, notify the submitter of the proposal that it will not proceed with the mediation proposal and provide the reasons for this decision. If the submitter should contact the NBS again in the same manner, i.e. with the same statements and/or requests, the NBS shall not issue another notification.

34. After receiving a complete mediation proposal, the NBS shall forward
    this proposal to the other party in the dispute and request that they, within the deadline specified in the proposal, declare whether they accept it and, if so, sign the agreement to initiate mediation.
35. The mediation procedure shall be initiated by concluding an
    agreement to initiate mediation, which confirms the selection of the mediator and regulates the mutual rights and obligations of the parties to the dispute and the NBS in accordance with the principles of mediation, as well as other matters significant for the conduct of the mediation (such as notification that the parties may withdraw from the mediation procedure at any stage, the effect of the agreement reached in the mediation procedure, etc.).

The agreement to initiate mediation shall be signed by the mediator, the parties in the mediation procedure, and the proxies participating in the mediation. Once the mediation procedure is initiated, the consumer may not file a complaint, unless the procedure is concluded as described in Section 39, items 2), 3) or 4) hereof.
36. If the mediation procedure is initiated before the complaint was filed to
the NBS, the deadline specified in Section 12, paragraph 3 hereof shall not run during the mediation procedure.
37. If during the complaint procedure before the NBS a mediation
procedure has been initiated, the NBS shall suspend the complaint procedure until the mediation has ended. During the period of suspended complaint procedure, the deadlines from Section 18, paragraph 1 hereof shall not run. In the case from paragraph 1 of this Section, and in the case that mediation is conducted after the completion of the complaint procedure with the NBS, the mediator may also be the NBS’s employee who participated in that procedure.
38. At the beginning of the mediation procedure, the mediator informs the
parties about the purpose of the mediation, the role of the mediator, as well as the principles and basic rules of this procedure.
39. The mediation procedure shall conclude in one of the following ways:

1. concluding an agreement on dispute resolution through mediation;
2. the mediator’s decision to suspend the procedure;
3. statement of either of the parties that they withdraw from further
   procedure, except in cases where there are more than two parties in the mediation procedure and after the withdrawal of one party the other parties decide to continue with the mediation procedure;
4. expiration of the 60-day deadline from the conclusion of the
   agreement on initiating the mediation procedure, unless otherwise agreed by the parties.

40. The agreement reached in the mediation procedure before the NBS
    shall be made in writing, and shall be signed by the mediator, parties to the mediation procedure and their proxies attending the procedure.

The agreement from paragraph 1 shall have the power of an enforceable document if it contains a statement of the debtor on acceptance of enforcement following maturity of a certain liability or fulfilment of a certain condition (enforceability clause), signatures of the parties, proxies and the mediator, and the NBS’s certificate of enforceability, without needing to be certified by a court or public notary. Regarding the conclusion, effect and termination of the agreement reached in the mediation procedure, the provisions of the law governing contracts and torts applicable to out-of-court settlements shall apply accordingly.
41. Each party may withdraw from the mediation procedure at any stage
of the procedure.
42. The NBS may suspend the mediation procedure if it assesses that
further implementation of the procedure is not purposeful and if during the procedure it learns that the service provider committed an irregularity for which it may be sanctioned or fined in accordance with the law.
43. Initiation and implementation of the mediation procedure between the
consumer and service provider shall not exclude or affect the exercise of the right to court protection in accordance with the law.
7. Electronic communication of the NBS with the service provider and
consumer
44. In the procedures stipulated by this Decision, the exchange of
requests, statements, findings, notifications and other papers and documents between the NBS and service provider or between the NBS and consumer may be done electronically, including by e-mail. If a consumer files the complaint via the NBS’s website, the NBS shall send notifications and other papers and documents in the complaint procedure to such consumer by e-mail. If a consumer files the complaint by post, the NBS may send notifications and other papers and documents in the complaint procedure to such consumer by post in the form of a printed copy of the electronic document (a hard-copy of the electronic document) and, after receiving such document, the consumer shall have the right to request the original copy of the electronic document or its certified copy within the meaning of the law governing the electronic document.

In the event from paragraph 3 of this Section, if the consumer files the complaint by post and provides their e-mail address in the complaint, the NBS may send notifications and other papers and documents in the complaint procedure to such consumer electronically, to the e-mail address specified in the complaint. In the event from paragraph 1 of this Section, the service provider shall send its reply in the form of an electronic document to the e-mail address of the NBS designated on its website, by e-mail or in another electronic manner as determined by the NBS. In the event referred to in paragraphs 1, 2 and 4 of this Section, the NBS shall send an electronic document to the service provider or consumer using the e-mail address they designated for the receipt of electronic documents, by e-mail or in another electronic manner as determined by the NBS. The electronic document referred to in paragraphs 3, 4 and 5 of this
Section shall be signed using the qualified electronic signature or qualified
electronic stamp within the meaning of the law governing electronic signature. The documents or evidence submitted by the service provider to the NBS in accordance with paragraph 1 of this Section shall be original copies (if the document was originally prepared in electronic form) or copies of the original (by digitalisation of the document which was not in electronic form originally). The NBS and the service provider shall confirm the receipt of each document referred to in this Section immediately upon receipt, by sending the receipt certificate to the e-mail address from which the document was sent, by e-mail or in another electronic manner as determined by the NBS.
8. Information disclosure
45. The NBS shall publish on its website twice a year, for the period from
1 January to 30 June and the period from 1 July to 31 December, a list of service providers for whom it has been determined, through complaint procedures – and in the case of banks and financial leasing providers, also through supervision of their operations – that they have not acted in accordance with the Law and other regulations governing financial services. The list referred to in paragraph 1 of this Section shall include the name of the service provider, the procedure in which the measure was imposed (complaint procedure or supervision procedure), and the type of

measure (notification, findings, decision, report, letter of warning, decision on orders and measures).
9. Special obligations of banks in relation to complaint
46. Banks shall regulate in more detail, by their internal acts, the
procedure of filing complaints and deciding thereon in line with the provisions of the Law and this Decision. The executive board member in charge of managing complaints and bank risks in relation to complaints, and persons in the bank authorised to act upon complaints shall be determined by the act referred to in paragraph 1 of this Section. Banks shall submit to the NBS the act referred to in paragraph 1 of this Section, and any amendments or supplements thereto within eight days from the day of adopting the act or its amendments and/or supplements.
47. Compliance with the act referred to in Section 46 of this Decision shall
be verified and analysed, at least once a year, by the bank’s organisational unit whose scope includes internal audit activities (hereinafter: internal audit). After the verification and analysis referred to in paragraph 1 of this
Section are completed, the internal audit shall compile a report, which shall
contain at least the description of the audit subject with significant findings, identified irregularities, nominated responsible persons, and the proposal of measures and recommendations to eliminate the irregularities, and the deadlines for implementation. The report referred to in paragraph 2 of this Section shall be submitted to the bank’s executive board.
48. Banks shall monitor and supervise the application of the act referred
to in Section 46 of this Decision, analyse the internal audit report referred to in Section 47 of this Decision, and undertake measures to eliminate the irregularities identified in its operation. The bank’s executive board shall:

1. analyse the causes of individual complaints and identify the main
   cause that is common for a larger number of complaints, if the cause can be determined;

2. determine whether these are systemic irregularities and what
   causes them;

3. consider whether the established causes or irregularities may
   affect other business processes and products, including those to which the complaint does not directly relate;

4. undertake adequate measures to eliminate or limit and prevent the
   occurrence of the causes of the complaint or systemic irregularities;

5. undertake adequate measures to eliminate material consequences
   of systemic irregularities for consumers affected by systemic irregularities.

10. Transitional and final provisions
11. Complaint procedures with the service provider and the NBS initiated
    by consumers, as well as mediation procedures that were initiated prior to the effective date of this Decision, shall be concluded in accordance with the provisions of the regulations that were in force until that date.
12. As of the application date of this Decision, the Decision on Handling
    Complaints to Service Provider and the National Bank of Serbia of Financial Service Consumers (RS Official Gazette, Nos 1/2019, 50/2019, 87/2021 and 77/2023) shall cease to be valid, with the exception of the provisions of Sections 31 and 32 thereof.
13. This Decision shall be published in the RS Official Gazette and enter
    into force on 1 July 2025.
    NBS EB No 37 Chair
    12 June 2025 of the NBS Executive Board B e l g r a d e G o v e r n o r National Bank of Serbia Dr Jorgovanka Tabaković, sign.