2026-08-04
Added
The Executive Board of the National Bank of Serbia adopts detailed conditions for managing liquidity risk by banks, including the calculation methods for the liquidity ratio, narrow liquidity ratio, liquidity coverage ratio, and net stable funding ratio. Banks are required to maintain specific minimum thresholds for these ratios, such as a liquidity coverage ratio of at least 100% and defined limits for the liquidity and narrow liquidity ratios based on monthly averages and daily calculations. The Decision mandates that banks maintain an adequate liquidity buffer, conduct regular stress tests, and adopt contingency business plans for liquidity crises. Additionally, banks must promptly notify the National Bank of Serbia if their liquidity level becomes critically low and submit a plan to restore compliance with prescribed minimum ratios.
RS Official Gazette, Nos 100/2023, 29/2026 and 53/2026 Pursuant to Article 28, paragraph 7, Article 30, paragraph 4 and Article 36 of the Law on Banks (RS Official Gazette, Nos 107/2005, 91/2010 and 14/2015) 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 and 44/2018), the Executive Board of the National Bank of Serbia adopts the following D E C I S I O N ON LIQUIDITY RISK MANAGEMENT BY BANKS C h a p t e r I INTRODUCTORY PROVISIONS
2 8) retail deposit means a bank’s liability to a natural person (including farmers and entrepreneurs) and/or to a small- or medium-sized enterprise (SME) which is eligible for inclusion in the retail exposures class within the meaning of the decision governing capital adequacy of banks, where the aggregate deposits of the group to which such SME belongs do not exceed RSD 120,000,000; 9) small and medium-sized enterprises (SMEs) means companies classified as micro, small or medium-sized legal persons under the law governing accounting; 10) financial sector entity (financial customer) means: a bank, an investment firm, a securitisation special purpose entity (SSPE), an openended investment fund, a closed-ended investment fund, an insurance undertaking, a reinsurance undertaking, a financial holding company, a mixed-financial holding company or another legal person mainly engaged in financial activity in the country or abroad; 11) personal investment company means a foreign law entity or a trust whose owner or beneficial owner, respectively, is a natural person or a group of related natural persons not carrying out any commercial, industrial or professional activity, set up with the sole purpose of managing the wealth of one or more owners, including other ancillary activities, such as segregating the owner’s assets from corporate assets, facilitating the transmission of assets within a family or preventing a split of the assets after the death of a member of the family, provided these are connected to the main purpose of managing the owner’s wealth; 12) deposit broker means a natural or a legal person that facilitates the placement of third persons’ deposits with a bank at a fee, including the deposits of natural persons and corporate deposits, except for deposits of financial sector entities; 13) stress means a sudden and severe deterioration in the liquidity and/or solvency position of a bank due to changes in market conditions and/or idiosyncratic factors as a result of which there is a significant risk that the bank becomes unable to meet its commitments as they fall due within the next 30 days; 14) margin loans means collateralised loans extended to customers for the purpose of taking leveraged trading positions (buying new securities).
3 C h a p t e r II MANAGING LIQUIDITY RISK 3. A bank’s liquidity level is indicated by:
4 where this is justified by specific circumstances, taking into account the scale and complexity of the bank’s operations. The National Bank of Serbia shall monitor the implementation of the bank’s plan referred to in paragraph 3 of this Section and may request that the bank complies with the minimum prescribed ratio levels set out in paragraph 1 of this Section within a deadline shorter than the one specified in the plan, where on the basis of available data it has assessed that this would be necessary for preserving the bank’s liquidity and solvency. The National Bank of Serbia shall assess the reasons that have led or may lead to the ratios referred to in paragraph 4 of this Section falling below the minimum prescribed levels before deciding to take adequate measures in respect of a bank. 5. A bank shall determine and maintain an adequate liquidity buffer in accordance with the analysis of the maturity mismatch of its balance sheet liabilities and receivables and off-balance sheet items (gap analysis) for predefined periods, including a one-day period. A bank shall ensure liquidity risk management aggregately for all currencies and individually by significant currency, as well as ensure the stability and diversification of funding sources, addressing of temporary and lasting liquidity crises, and taking timely and adequate action in case of increased liquidity risk. 6. A bank shall use different liquidity risk mitigation techniques including, in addition to an adequate liquidity buffer that enables unhindered operation in extraordinary circumstances, diversified and stable sources of funding. The bank shall regularly review and harmonise these techniques. A bank shall regularly conduct stress tests, and/or sensitivity analyses and scenario analyses based on different assumptions, including doing business in extraordinary circumstances, and shall regularly review the adequacy of the assumptions used. The bank shall also include off-balance sheet items in stress tests.
5 Contingency business plan 7. In order to ensure timely and adequate action in cases of increased liquidity risk, a bank shall adopt a business plan for contingency situations (liquidity crisis), comprising in particular:
6 and liabilities falling due within a month from the date of liquidity ratio calculation. 9. A bank shall maintain the level of liquidity so that:
7 11. A bank’s liabilities payable on demand or with no agreed maturity shall constitute a part of the bank’s liabilities, namely:
8 15. A bank is obligated to calculate the liquidity coverage ratio in dinars, namely:
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10 – an investment firm; – an insurance undertaking; – a reinsurance undertaking; – a financial holding company; – a mixed financial holding company; – other legal person referred to in Section 2, item 10), except for an SSPE and an export credit agency; 3) the value of assets shall be capable of being determined on the basis of widely disseminated and easily available market prices, or on the basis of an easy-to-calculate formula that uses publicly available inputs and realistic assumptions; 4) the assets shall be listed on a recognised exchange or tradable via outright sale or via simple repurchase transaction on generally accepted repurchase markets. An asset admitted to trading in an organised trading venue which is not a recognised exchange shall be deemed liquid only where the trading venue provides for an active and sizeable market for outright sale of assets. To assess whether a trading venue provides for an active and sizeable market, the bank shall take into account the following: historical evidence of market breadth and depth as proven by low bid-ask spreads, high trading volume and a large and diverse number of market participants, as well as the presence of a robust market infrastructure and other circumstances indicating the level of market development. The requirements laid down in paragraph 1, items 3) and 4) of this Section shall not apply to:
11 The National Bank of Serbia may impose specific restrictions or other requirements on a bank to ensure compliance with the requirement set out in paragraph 1 of this Section. Any such restriction and requirement, however, shall not apply to:
12
13 is consistent with the distribution by currency of their net liquidity outflows. However, when the National Bank of Serbia deems necessary, it may set the bank a maximum limit on the proportion of net liquidity outflows in a currency that can be met during a stress period by holding liquid assets not denominated in that currency. The restriction referred to in paragraph 2 of this Section may only be applied to net liquidity outflows denominated in dinars and other currencies that are deemed significant within the meaning of Section 15, paragraph 3 of this Decision. In determining the restriction referred to in paragraph 2 of this Section, the National Bank of Serbia shall assess:
14 – exposure to and/or guaranteed by central banks of non-EU countries, provided that exposures to that central bank or its central government are assigned a credit assessment which is at least credit quality step 1 in accordance with the decision governing the capital adequacy of banks; – excess liquidity deposited with the National Bank of Serbia; – amount of allocated dinar required reserves with the National Bank of Serbia, as well as the amount of allocated foreign currency required reserves in excess of the calculated amount of the bank’s foreign currency required reserves with the National Bank of Serbia; – reserves held by a bank’s subsidiary with the central bank from indents one and two of this item, provided that adequate agreements or regulations allow for the withdrawal of these reserves in stress conditions; 3) exposure to and/or guaranteed by the following central governments, territorial autonomies, local government units and public administrative bodies: – the Republic of Serbia; – other countries, provided that those exposures are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing the capital adequacy of banks; – territorial autonomies and local government units in the Republic of Serbia and territorial autonomies and local government units in other countries referred to in indent two of this item, provided that the respective exposures are treated as exposures to the central government of the country in which they were incorporated, in accordance with the decision governing the capital adequacy of banks; – public administrative bodies in the Republic of Serbia or an EU member state referred to in indent two of this item, provided that the respective exposures are treated as exposures to the central government of the country in which they were incorporated or exposures toward a territorial autonomy or a local government unit referred to in indent three of this item, in accordance with the decision governing the capital adequacy of banks; 4) exposure to and/or guaranteed by the central government or the central bank of a non-EU country which are not assigned a credit assessment which is at least credit quality step 1, in accordance with the decision governing the capital adequacy of banks, as well as reserves which a bank’s subsidiary holds with that central bank if adequate agreements or regulations have allowed for the withdrawal of these reserves in stress conditions. Where the asset is not denominated in the domestic currency of the issuer’s country, the bank may only recognise the asset as level 1 liquid asset up to the amount of stressed net liquidity outflows in that country and in that other currency; 5) assets issued by: – a bank established by the Republic of Serbia or an EU member
15 state, or a territorial autonomy or a local government unit of an EU-member state, if any exposure to this territorial autonomy or local government, as applicable, is treated as an exposure to the central government of the state in which they were incorporated in accordance with the decision governing the capital adequacy of banks, and the central government and/or territorial autonomy or local government unit is under the legal obligation to protect the economic basis of the bank and maintain its financial viability throughout its life-time; – a foreign bank whose purpose is to advance the public policy objectives of the EU, an EU member state, territorial autonomy or local government unit in an EU member state, predominantly through the provision of promotional loans on a non-competitive, not for profit basis, provided that at least 90% of the loans that it grants are guaranteed by the EU member state, territorial autonomy or local government unit of the EU member state, and that any exposure to that territorial autonomy or local government unit, as applicable, is treated as an exposure to the central government of the state in which they were incorporated in accordance with the decision governing capital adequacy of banks; 6) exposures in the form of extremely high quality covered bonds, which shall comply with the following requirements: – they are covered bonds issued by a bank established in the Republic of Serbia or an EU member state and backed by a pool of assets which, in the event of a default of the issuer, would be used on a priority basis for the reimbursement of the principal and payment of the accrued interest to investors (hereinafter: the cover pool); – covered bonds and their issuer are subject to supervision by a competent government authority designed to protect bondholders; – requirements for preferential treatment in accordance with the decision governing the capital adequacy of banks; – exposures to banks in the cover pool are only exposures to banks that qualify for credit quality step 1 in accordance with the decision governing the capital adequacy of banks, or, by way of derogation, credit quality step 2 in accordance with that decision, where the remaining maturity of such exposures does not exceed 100 days and the total exposure to banks in that asset pool does not exceed 15% of the nominal amount of outstanding covered bonds; – the issuer of covered bonds submits to the bank, at least semiannually, the following information regarding the cover pool portfolio: the value of the cover pool and outstanding covered bonds, the geographical distribution and type of cover assets, loan size, interest rate and currency risks, the maturity structure of cover assets and covered bonds, and the percentage of loans more than 90 days past due in the cover pool; – the covered bonds issue size is at least RSD 60,000,000,000; – the covered bonds are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1
16 in accordance with the decision governing capital adequacy of banks, the equivalent short-term credit assessment or, in the absence of a credit assessment by a nominated credit assessment institution, they are assigned a 10% risk weight in accordance with the decision referred to in this indent; – the cover pool meets at all times an asset coverage requirement of at least 2% in excess of the amount required to meet the claims attaching to the covered bonds; 7) exposures to and/or guaranteed by multilateral development banks and international organisations which are assigned a 0% risk weight in accordance with the decision governing the capital adequacy of banks. 27. In determining a bank’s liquidity buffer, the market value of extremely high quality covered bonds referred to in Section 26, item 6) of this Decision shall be subject to a haircut of at least 7%. Except for exposures in the form of units in open-ended investment funds referred to in Section 36, items 2) and 3) of this Decision, no haircut shall be required on the value of the remaining level 1 liquid assets. b) Level 2A liquid assets 28. Level 2A liquid assets shall include the following assets:
17 step 2 in accordance with that decision, where the remaining maturity of such exposures does not exceed 100 days and where the total exposure to banks in the cover pool does not exceed 15% of the nominal amount of outstanding covered bonds; – the issuer of covered bonds submits to the bank, at least semiannually, the following information regarding the cover pool portfolio: the value of the cover pool and outstanding covered bonds, the geographical distribution and type of cover assets, loan size, interest rate and currency risks, the maturity structure of cover assets and covered bonds, and the percentage of loans more than 90 days past due in the cover pool; – the covered bonds issue size is at least RSD 30,000,000,000; – the covered bonds are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 2 in accordance with the decision governing the capital adequacy of banks, the equivalent short-term credit assessment or, in the absence of a credit assessment by a nominated credit assessment institution, they are assigned a 20% credit risk weight in accordance with the decision referred to in this indent; – the cover pool meets at all times an asset coverage requirement of at least 7% in excess of the amount required to meet the claims attaching to the covered bonds, оr of at least 2% in excess of that amount, where the covered bonds have been assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 and do not meet the requirement regarding the value of issued covered bonds referred to in Section 26, item 6), indent six of this Decision, but meet the requirements from indents one to six of this item; 4) exposures in the form of covered bonds issued by banks established in non-EU countries, which shall comply with the following requirements: – the covered bonds are backed by a cover pool and are issued by a bank established in a non-EU country or by a wholly owned subsidiary of that bank which guarantees the issue; – the issuer and the covered bonds are subject to supervision of a competent government authority of a non-EU country designed to protect the bondholders, and the supervisory and regulatory requirements applied in that country must be at least equivalent to those applied in the Republic of Serbia or in an EU member state; – the covered bonds are backed by a cover pool of assets of one or more of the types described in paragraph 2 of this Section; – where the cover pool comprises loans secured by mortgage on immovable property, the requirements for accepting mortgage on immovable property as an eligible credit risk hedge are met in accordance with the decision governing the capital adequacy of banks; – exposures to banks in the cover pool are: exposures to banks that qualify for credit quality step 1 in accordance with the decision governing
18 capital adequacy of banks, or, by way of derogation, at least credit quality step 2 in accordance with that decision, where the remaining maturity of such exposures does not exceed 100 days and where the total exposure to banks in the cover pool does not exceed 15% of the nominal amount of outstanding covered bonds; – the issuer of covered bonds submits to the bank, at least semiannually, the following information regarding the cover pool portfolio: the value of the cover pool and outstanding covered bonds, the geographical distribution and type of cover assets, loan size, interest rate and currency risks, the maturity structure of cover assets and covered bonds, and the percentage of loans more than 90 days past due in the cover pool; – the covered bonds are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing the capital adequacy of banks, the equivalent short-term credit assessment or, in the absence of a credit assessment by a nominated credit assessment institution, they are assigned a 10% risk weight in accordance with the decision referred to in this indent; – the cover pool meets at all times an asset coverage requirement of at least 7% in excess of the amount required to meet the claims attaching to the covered bonds, оr of at least 2% in excess of that amount, where their issue size is at least RSD 60,000,000,000; 5) corporate debt securities which meet the following requirements: – they are assigned a credit assessment by a nominated credit assessment institution which is at least credit quality step 1 in accordance with the decision governing the capital adequacy of banks or the equivalent short-term credit assessment; – the debt securities issue size is at least RSD 30,000,000,000; – the maximum time to maturity of the securities at the time of issuance is 10 years. A bank may include exposures in the form of covered bonds issued by banks referred to in paragraph 1, item 4) of this Section in level 2A liquid assets, in accordance with indent three of that item, provided that such bonds are secured by a cover pool including one or several of the following types of assets:
19 step 1 credit assessment; 3) exposures to persons referred to in items 1) and 2) of this paragraph that have been assigned credit quality step 2 credit assessment in accordance with the decision governing capital adequacy of banks, provided that the total exposure of this kind does not exceed 20% of the nominal amount of outstanding covered bonds of the bank; 4) exposures secured by mortgage on residential property in the lesser of the principal amount of the receivable secured by mortgage (reduced by any prior liens) or 80% of the value of the mortgaged properties; 5) exposures secured by mortgage on commercial immovable property in the lesser of the principal amount of the receivable secured by mortgage (reduced by any prior liens) or 60% of the value of the mortgaged properties; 6) exposures secured by maritime liens on ships, if the principal amount of the receivable secured by maritime liens (reduced by any prior liens) does not exceed 60% of the value of the pledged ship. 29. In determining a bank’s liquidity buffer, the market value of level 2A liquid assets referred to in Section 28 of this Decision shall be subject to a haircut of at least 15%. c) Level 2B liquid assets 30. Level 2B liquid assets shall include:
20 – they have a proven record as a reliable source of liquidity at all times, including during stress periods. This requirement shall be deemed met where the level of decline in the share’s stock price or increase in its haircut during a 30 day market stress period did not exceed 40% or 40 percentage points, respectively; 4) exposures in the form of extremely high quality covered bonds which shall comply with the following requirements: – they are covered bonds issued by a bank established in the Republic of Serbia or an EU member state, and are collateralised by a cover pool; – the covered bonds and their issuer are subject to supervision by a competent government authority designed to protect the bondholders; – requirements for preferential treatment in accordance with the decision governing the capital adequacy of banks; – the issuer of covered bonds submits to the bank, at least quarterly, the following information regarding the cover pool portfolio: the value of the cover pool and outstanding covered bonds, the geographical distribution and type of cover assets, loan size, interest rate and currency risks, the maturity structure of cover assets and covered bonds, and the percentage of loans more than 90 days past due in the cover pool; – the covered bonds issue size is at least RSD 30,000,000,000; – they are collateralised by a pool of assets consisting exclusively of exposures to and/or guaranteed by the Republic of Serbia, National Bank of Serbia, EU member states, their central banks, and/or territorial autonomies, local government units or public administrative bodies in the Republic of Serbia or an EU member state and exposures secured by mortgage on residential property in the lesser of the principal amount of the receivable secured by mortgage (reduced by the amount of any prior liens) or 80% of the value of the mortgaged properties; – the cover pool consists exclusively of exposures which qualify for a 35% or lower risk weight in accordance with the decision governing the capital adequacy of banks; – the cover pool meets at all times an asset coverage requirement of at least 10% in excess of the amount required to meet the claims attaching to the covered bonds; – the issuing bank needs to publicly disclose on a monthly basis that the cover pool meets the 10% asset coverage requirement. 31. At the time of determining the liquidity buffer, the bank shall ensure that the market value of each of the level 2B liquid assets referred to in Section 30 of this Decision is subject to the following haircuts:
21 Decision; 3) a 30% haircut for covered bonds referred to in Section 30, item 4) of this Decision; 4) applicable haircuts for securitisation positions in accordance with Section 34 of this Decision. 32. Securitisation positions and securitisation exposures underlying the positions (hereinafter: securitisation exposures) shall meet the following requirements:
22 where applicable; 7) the securitisation position is backed by a pool of homogeneous securitisation exposures, which all belong to only one of the following subcategories: – residential loans secured with a first-ranking mortgage granted to natural persons for the acquisition of their main residence, provided that the loans in the pool of securitisation exposures meet on average the requirement that the loan amount must not exceed 80% of the market value of the mortgaged residential property or that the national law of the state where the loans were originated provides for a loan-to-income limit on the amount that an obligor may borrow in a residential loan (this limit is calculated on the gross annual income of the obligor, taking into account the tax obligations and other commitments of the obligor and the risk of changes in the interest rates over the term of the loan. For each residential loan in the pool, the percentage of the obligor’s gross income that may be spent to service the loan, including interest, principal and fee payments, does not exceed 45%); – commercial loans, lease agreements and credit facilities to companies established in the Republic of Serbia or an EU member state to finance capital expenditures or business operations other than the acquisition or development of commercial real estate, provided that at least 80% of the borrowers in the pool of securitisation exposures in terms of portfolio balance are small and medium-sized enterprises at the time of issuance of the securitisation, and none of the borrowers is a bank or an investment firm; – loans for the purchase of cars or other motor vehicles (including agricultural and forestry tractors, trailers, motorcycles, motor tricycles and tracked vehicles) agreements on leasing of such vehicles to borrowersresidents in the Republic of Serbia or an EU member state, secured with a first-ranking charge over the vehicle, vehicle insurance policy or an appropriate guarantee in favour of the SSPE, such as a retention of title provision; – loans and credit facilities to natural persons-residents in the Republic of Serbia or an EU member state for personal, family or household consumption purposes; 8) the securitisation position is not in a resecuritisation or a synthetic securitisation within the meaning of the decision governing the capital adequacy of banks; 9) the securitisation exposures do not include transferable financial instruments or derivatives, except financial instruments issued by the SSPE itself or other parties within the securitisation structure and derivatives used to hedge currency risk and interest rate risk; 10) at the time of issuance of the securitisation or when incorporated in the pool of securitisation exposures at any time after issuance, the securitisation exposures do not include exposures to credit-impaired obligors (or exposures to credit-impaired guarantors), where a credit-impaired obligor
23 (or credit-impaired guarantor) is a borrower (or guarantor): – in respect of whom bankruptcy has been initiated, or who has agreed with his creditors to a debt dismissal or reschedule or had a court grant his creditors a right of enforcement or material damages as a result of a missed payment within three years prior to the date of origination of securitisation; – who is registered in the Credit Bureau or another official registry of borrowers as a borrower with adverse credit history; – who has a credit assessment by a nominated credit assessment institution or has a credit score indicating a significant risk that contractually agreed payments will not be made compared to the average obligor for this type of loans in the relevant jurisdiction; 11) at the time of issuance of the securitisation or when incorporated in the pool of securitisation exposures at any time after issuance, the securitisation exposures do not include exposures in default within the meaning of the decision governing the capital adequacy of banks; 12) securitisation payments shall meet the following requirements: – repayments of the securitisation positions shall not have been structured to depend, predominantly, on the sale of assets securing the underlying exposures, but this does not prevent such exposures from being subsequently rolled-over or refinanced, – where the securitisation has been set up without a revolving period or the revolving period has terminated and where an enforcement or an acceleration notice has been delivered, principal receipts from the securitisation exposures are passed directly to the holders of securitisation positions via sequential amortisation of the securitisation positions and no substantial amount of cash is trapped in the SSPE on each payment date, – where the securitisation has been set up with a revolving period, the transaction documentation provides for appropriate early amortisation events, which shall include at minimum a deterioration in the credit quality of the securitisation exposures, a failure to generate sufficient new underlying exposures of at least similar credit quality and the occurrence of an insolvency-related event with regard to the originator or the servicer, 13) by the time of the issuance of the securitisation, the borrowers (or, where applicable, the guarantors) shall have made at least one payment in respect of the securitisation exposure, except where the securitisation exposure is backed by credit facilities referred to in item 7), indent four of this Section; 14) with respect to such securitisation position, the originator, sponsor or original lender of the securitisation shall comply with the securitisation requirements set out in the decision governing the capital adequacy of banks and disclose information on the credit quality and performance of the securitisation exposures, the structure of the transaction, the cash flows and collateral supporting the exposures, as well as any information that is necessary for investors to conduct comprehensive stress tests;
24 15) the securitisation exposures shall not have been originated by the bank holding the securitisation position in its liquidity buffer, its subsidiary, its parent undertaking, a subsidiary of its parent undertaking or any other entity linked with that bank; 16) the issue size of the tranche which includes securitisation exposures shall be at least RSD 12,000,000,000; 17) the remaining weighted average life of the tranche shall be five years or less, which shall be calculated using the lower of either the transaction's pricing prepayment assumption or a 20% constant prepayment rate, for which the bank shall assume that the call is exercised on the first permitted call date; 18) the originator of securitisation exposures underlying the securitisation shall be a bank or other legal person mainly engaged in financial activity in the country or abroad whose principal activity does not include deposit taking, services related to lending and custody services. 33. In the case of securitisation where the securitised exposures are residential loans from Section 32, item 7), indent one of this Decision, the pool of underlying exposures shall not include any loan that was marketed or underwritten on the premise that the loan applicants (or, where applicable, intermediaries) were made aware that the information provided might not be verified and confirmed by the lender. In the case of securitisations referred to in paragraph 1 of this Section, the assessment of the borrower’s creditworthiness shall meet the following requirements:
25 5) the creditor only makes the credit available to the borrower where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement are likely to be met by the borrower; 6) the creditor shall make a re-assessment of the borrower’s creditworthiness on the basis of updated information before any significant increase in the total amount of credit is granted, unless such additional credit was envisaged and included in the original creditworthiness assessment of the borrower. In the case of securitisation where the underlying exposures are loans for the purchase of cars and other motor vehicles, agreements on the leasing of such vehicles, and consumer loans and credit facilities referred to in Section 32, item 7), indents three and four of this Decision, the assessment of the borrower’s creditworthiness shall meet the following requirements:
26 – the fund is managed by a company that is subject to supervision by a competent regulatory authority in the Republic of Serbia and/or an EU member state or subject to supervision by a competent regulatory authority of a non-EU country if such supervision is carried out in compliance with European Union regulations and there is adequate cooperation between the National Bank of Serbia and such competent authority; – the fund’s investment policy and prospectus and/or equivalent document include information on the categories of assets in which the fund is authorised to invest and, if investment limits apply, the individual limits and the methodologies to calculate them; – the fund publishes a report on its operations at least on an annual basis to enable an assessment to be made of its assets and liabilities, income and operations over the reporting period; 2) the investment fund invests only in liquid assets or derivatives, in the latter case only to the extent necessary to mitigate interest rate, currency or credit risk in the portfolio. 36. Banks shall apply the following haircuts to the value of their exposures in the form of units in open-ended investment funds, depending on the category of underlying liquid assets of the investment fund:
27 underlying exposures and assign them the appropriate haircut in accordance with Section 36 of this Decision; 2) where the bank is not aware of the structure of exposures underlying the units in the investment fund, it shall assume, for the purposes of determining the liquidity level of the underlying assets and for the purposes of assigning the appropriate haircut to those assets, that the investment fund invests in liquid assets, up to the maximum amount allowed under its investment policy, in the same ascending order as liquid assets are classified for the purposes of Section 36 of this Decision, starting with the liquid assets referred to in item 8) of that Section and ascending until the maximum total investment limit is reached. 38. Banks shall develop adequate methodologies and processes to calculate and report the market value and appropriate haircuts for exposures underlying the units in open-ended investment funds. Where a bank’s exposure underlying the units in investment funds is not sufficiently material for the bank to develop its own methodologies referred to in paragraph 1 of this Section, the bank may apply the assessed haircuts provided by the following third parties to calculation and reporting on exposures underlying the units in open-ended investment funds:
28 accordance with Section 41 of this Decision. 3. Composition of the liquidity buffer 40. The bank shall comply at all times with the following limits in relation to the composition of their liquidity buffer:
29 breach of requirements occurred. Part 3 Net liquidity outflows 42. The net liquidity outflows shall be the sum of liquidity outflows in Subpart 1 of this Part reduced by the sum of liquidity inflows in Subpart 2 of this Part, but shall not be less than zero. The sum of liquidity inflows referred to in paragraph 1 of this Section shall be calculated as the sum of:
30 those transactions are not covered by a bilateral netting agreement with the counterparty.
31 conditions laid down in that paragraph. Retail deposits 45. An outflow rate of 100% shall be applied to the cancelled retail deposits with a residual maturity of less than 30 days and/or retail deposits due for payment within the next 30 days. 46. Banks may exclude from the calculation of liquidity outflows all or a portion of retail deposits which meet one of the following two requirements:
32 at that bank or group exceeds RSD 60,000,000; 2) the deposit is an internet only account; 3) the deposit offers an interest rate that fulfils any of the following conditions: – the rate significantly exceeds the average rate for similar retail deposit products offered by other banks; – its return is derived from the return on a market index or set of indices; – its return is derived from any market variable other than a floating interest rate; 4) the deposit was originally placed as fixed-term with an expiry date maturing within the 30 day period or the deposit presents a fixed notice period shorter than 30 days, other than those deposits that meet the requirements laid down in Section 46 of this Decision; 5) the depositor is a non-resident or the deposit is not denominated in dinars, euros or the currency of an EU member state. 49. Where a retail deposit or a portion thereof does not fulfil the criteria for applying the outflow rate under Sections 47 and 48 of this Decision and its amount is insured with the Deposit Insurance Agency, such retail deposit or a portion thereof shall be considered as stable and subject to a 5% outflow rate if the depositor has an established relationship with the bank making withdrawal less likely, or if the deposit is held in a current account. The depositor shall be considered to have an established relationship with the bank making withdrawal less likely if he meets at least one of the following criteria:
33 deposits needed for the purpose of the client’s operational activities:
34 and payment and collection of a client’s claims. For the purposes of this Section, cash management services shall mean cash management services and related services provided to clients, on the basis of a contract with institutional investors. Cash management services shall relate to those products and services that are provided to clients for the purpose of managing their cash flows, assets and liabilities and execution of necessary financial transactions in ongoing operations, including the payment of remittances, collection or provision of assets, administration of salaries and control of asset pay-outs. 52. Deposits arising out of a correspondent banking relationship or from the provision of prime brokerage services shall not be treated as an operational deposit and shall receive a 100% outflow rate. 53. In order for a deposit to be considered the deposit referred to in Section 51, paragraph 1, item 2) of this Decision, it shall meet the following criteria:
35 clients that are non-financial customers or natural persons, where these deposits also include deposits made by central governments, territorial autonomies, local government units, central banks, multilateral development banks, public administrative bodies, credit unions operating in line with EU regulations and authorised by a competent authority, personal investment companies or clients who are deposit brokers, to the extent they are not considered operational deposits under Section 51 of this Decision. By derogation from paragraph 1 of this Section, banks shall apply the outflow rate of 20% to the portion of the deposit referred to in that paragraph which is insured with the Deposit Insurance Agency. 55. Banks shall apply the 0% outflow rate to liabilities resulting from the bank’s own operating expenses. 56. Banks shall apply the following outflow rates to liabilities resulting from repo agreements, securities or commodities lending or borrowing transactions, margin lending transactions and capital market-driven transactions maturing within 30 days:
36 accordance with Section 30, items 2) and 3) of this Decision; 77) 30% where they are collateralised by extremely high quality covered bonds that, but for being used as collateral in those transactions, would meet the general requirements from Section 18 and qualify as level 2B liquid assets in accordance with Section 30, item 4) of this Decision; 8) the percentage haircut determined in accordance with Sections 36 and 37 of this Decision where they are collaterised by exposures underlying units in open-ended investment funds that, but for being used as collateral in those transactions, would meet the general requirements under Section 18 and qualify as liquid assets of the same level as those underlying the investment fund in accordance with Sections 35 to 39 of this Decision; 9) 100% where they are collaterised by assets that do not meet the criteria for applying the outflow rate under items 1) to 8) of this paragraph. By way of derogation from paragraph 1 of this Section, banks shall apply the outflow rate of 25% on transactions arising from repo agreements, securities or commodities lending or borrowing transactions, margin lending transactions and capital market-driven transactions which meet the conditions for the application of the outflow rate of more than 25%, if the counterparty is:
37 be applied to the market value of the asset borrowed shall be 25% where the counterparty is:
38 deemed material if their notional amounts exceeded 10% of liquidity outflows of the bank at any time in the preceding two years. In order to calculate the additional liquidity outflows referred in paragraph 1 of this Section, banks shall collect data about the fair value amount of collateral posted for all derivative contracts for each day in the preceding two years, and shall use as additional outflow the largest difference in collateral posted within two consecutive periods of 30 days during the preceding two years. The bank may net calculate inflows and outflows under transactions from paragraph 1 of this Section provided they are executed under the same standardised netting agreement within the meaning of the decision governing the capital adequacy of banks. The absolute amount of the difference under collateral shall be based on the recorded inflows and outflows, while netting shall be done at the level of the bank’s portfolio. 62. Banks shall take liquidity inflows and outflows expected over 30 days from the financial derivatives contracts and credit derivatives into account on a net basis in accordance with Section 42, paragraphs 5 and 6 of this Decision. When calculating net amounts, banks shall not take into account the additional liquidity requirements referred to in Sections 59 to 61 of this Decision. If the bank establishes a net liquidity outflow resulting from a derivative contract during the netting referred to in paragraph 1 of this Section, it shall multiply the result by a 100% outflow rate. 63. Where a bank has a short position that is covered by an unsecured security borrowing, it shall also determine and add to total liquidity outflows an additional outflow obtained by applying the 100% outflow rate to the market value of the securities or other assets sold short. The additional outflow referred to in paragraph 1 of this Section shall not be calculated if the bank has borrowed the securities at terms requiring their return only after 30 days. Where a bank has a short position covered by a collateralised repo agreement, securities or commodities lending or borrowing transaction, or margin lending transaction, it shall be assumed that the obligation to return the securities sold short is not due within 30 days and a 0% outflow rate shall be applied. 64. The bank shall determine and add to total liquidity outflows an additional liquidity outflow corresponding to 100% of:
39 at any time by the counterparty within 30 days; 2) collateral that is due to be posted to a counterparty within 30 days; 3) collateral that would qualify as liquid assets for the purposes of Part 2 of this Chapter that can be substituted for collateral that would not qualify as the bank’s liquid assets without the consent of the bank. 65. Deposits received as collateral shall not be considered as liabilities for the purposes of Sections 45 to 58 of this Decision or Section 78 of this Decision, but additional outflows in this respect shall be subject to Sections 59 to 64 of this Decision where applicable. 66. The amount of the cash received exceeding the amount of cash received as collateral shall be treated as deposits in accordance with Sections 45 to 58 of this Decision and/or Section 78 of this Decision. 67. Banks shall assume a 100% outflow rate for loss of funding on assetbacked securities, covered bonds and other similar instruments maturing within 30 days, when these instruments are issued by the bank itself or by SSPEs sponsored by the bank. 68. Banks shall assume a 100% outflow rate for loss of funding on assetbacked commercial papers, asset-backed commercial paper programmes, securities investment vehicles and other such financing facilities. This outflow rate shall apply to the maturing amount of liabilities or to the amount of assets that could potentially be returned. 69. In relation to the provision of brokerage services, where a bank has covered the provisional sale of a client by internally matching them with the assets of another client, and the assets are not included in the liquidity buffer, those transactions shall be subject to a 50% outflow rate for the contingent obligation. Credit and liquidity facilities 70. For the purposes of this Subpart, a liquidity facility shall be understood to mean any irrevocable and conditionally revocable committed, undrawn facility that would be utilised to refinance the debt obligations of a customer in situations where such a customer is unable to obtain regular funding requirements in financial markets. The amount of the liquidity facility referred to in paragraph 1 of this Section shall be calculated as the amount of the debt issued by the customer currently outstanding and maturing within 30 days that is backstopped by the facility. The portion of the liquidity facility that is backing a debt that does not mature within this period shall be excluded from the calculation of the amount
40 of the liquidity facility. All facilities or portions of liquidity facilities which have a purpose different from the purpose referred to in paragraph 1 of this Section, as well as the general working capital facilities for companies, shall be considered credit facilities. Banks shall calculate liquidity outflows for irrevocable and conditionally revocable credit and liquidity facilities by multiplying the amount of the credit and liquidity facilities by the corresponding outflow rates set out in Sections 71 to 75 of this Decision. The amount of facilities referred to in paragraph 4 of this Section shall be determined as the maximum undrawn amount that can be drawn down within 30 days, net of any liquidity outflows for the trade finance off-balance sheet items referred to in Section 77, item 8) of this Decision, if the customer agreed on such product with the bank, and net of any collateral made available to the bank by the customer under such facility and valued in accordance with Section 25 of this Decision, provided that the collateral fulfils the following conditions:
41 development bank or public administrative body; 3) they have not been provided for the purpose of replacing the funding of the client where the client is unable to obtain funding requirements in the financial market. 73. The amount of irrevocable or conditionally revocable liquidity facilities referred to in Section 70, paragraph 5 of this Decision shall be multiplied by the outflow rate of 30% where they meet the conditions referred to in Section 72, items 1) and 2) of this Decision, or by the outflow rate of 40% if the liquidity facilities were approved to personal investment companies. 74. The undrawn amount of an irrevocable or conditionally revocable liquidity facility that has been provided to an SSPE for the purpose of enabling that SSPE to purchase assets, other than securities, from clients that are not financial sector entities, shall be multiplied by 10% to the extent that it exceeds the amount of assets currently purchased from clients and where the maximum amount that can be drawn down is contractually limited to the amount of assets currently purchased. 75. The bank shall multiply the amount of irrevocable or conditionally revocable credit or liquidity facilities referred to in Section 70, paragraph 5 of this Decision by the corresponding outflow rates as follows:
42 capital adequacy of banks. 3) the lower outflow rate does not fall below the inflow rate applied by the counterparty under that facility; 4) the counterparty is an entity established in the Republic of Serbia. When applying for the authorisation referred to in paragraph 1 of this Section, the bank shall submit documents proving the fulfilment of the conditions laid down in that paragraph. By way of derogation from Sections 70 to 75 of this Decision, a bank established by the Republic of Serbia may apply the treatment from Sections 71 to 73 of this Decision to credit or liquidity facilities approved with the aim of direct or indirect financing of promotional loans – provided that these loans meet the requirements for the application of outflow rates referred to therein. By way of derogation from Section 81, item 7) of this Decision, where the promotional loans are extended through another bank acting as an intermediary, that bank may apply symmetric inflows and outflows. These are calculated by applying the outflow rate from Sections 71 and 73 of this Decision, under the terms laid down therein, to the undrawn committed irrevocable or conditionally revocable credit or liquidity facility. The promotional loans referred to in paragraphs 3 and 4 of this Section may be available only to clients who are not financial sector entities, on a non-competitive, not for profit basis in order to promote public policy objectives of the Republic of Serbia, the territorial autonomy or local government units in the Republic of Serbia. Credit and liquidity facilities may be drawn only under a reasonably expected application for a promotional loan and only up to the amount of such application, provided there is an obligation of subsequent reporting on the use of the funds distributed. Additional liquidity outflows for other products and services 77. The following outflow rates shall apply to a bank’s liabilities from other products and services not referred to in Sections 51 to 76 and Section 78 of this Decision:
43 5) 100% for the amount of loans secured by mortgage on immovable property that have been agreed but not yet drawn down; 6) 100% for the amount of planned outflows related to the extension of new or renewal of existing retail and wholesale loans, where the planned outflows shall be assessed assuming a 30 day stress period, in accordance with Section 16 of this Decision; 7) 100% for the amount of planned derivative payables, where the planned outflows shall be assessed assuming a 30 day stress period, in accordance with Section 16 of this Decision; 8) 5% for trade finance off-balance sheet related products. 78. The bank shall apply a 100% outflow rate to all liquidity outflows from obligations maturing within 30 days which are not referred to in Sections 45 to 76 of this Decision. If the total amount of contracted liabilities to clients that are not financial sector entities, but require financing over 30 days, with the exception of liabilities from Sections 45 to 76 of this Decision, exceeds the amount of such clients’ inflows calculated in accordance with Section 81, item 1), the 100% outflow rate shall be applied to that difference. For the purposes of paragraph 2 of this Section, clients that are not financial sector entities shall include, but not be limited to, natural persons, companies, central governments, territorial autonomies, local government units, public administrative bodies and multilateral development banks, except financial sector entities and central banks. 2. Liquidity inflows 79. Liquidity inflows shall be assessed over a period of 30 days and comprise contractual inflows from claims that are not past due for more than five days and for which the bank has no reason to expect non-performance within 30 days. Banks shall not include inflows from the bank’s assets included in the liquidity buffer in liquidity inflows for the purpose of calculating the liquidity coverage ratio, other than payments due on the assets that are not reflected in the market value of the asset in the bank’s liquidity buffer. Inflows from any new obligations entered into by the bank shall not be included in liquidity inflows for the purpose of calculating the liquidity coverage ratio. Banks shall take into account liquidity inflows from claims which are to
44 be received in countries where there are transfer restrictions or which are denominated and to be settled in non-convertible currencies, when calculating the liquidity coverage ratio only to the extent that they correspond to outflows respectively in the country or currency in question. 80. Bank’s receivables referred to in Section 79, paragraph 1 of this Decision shall receive a 100% inflow rate, including in particular the following inflows:
45 – 15% where they are collateralised by assets that, whether or not they are re-used in another transaction, would meet the general requirements from Section 18 and qualify as level 2A liquid assets in accordance with Section 28 of this Decision; – 25% where they are collateralised by assets that, whether or not they are re-used in another transaction, would meet the general requirements from Section 18 and qualify as level 2B liquid assets in accordance with Section 32, item 7), indents one and three of this Decision; – 30% where they are collateralised by assets that, whether or not they are re-used in another transaction, would meet the general requirements from Section 18 and qualify as level 2B liquid assets in accordance with Section 30, item 4) of this Decision; – 35% where they are collateralised by assets that, whether or not they are re-used in another transaction, would meet the general requirements from Section 18 and qualify as level 2B liquid assets in accordance with Section 32, item 7), indents two and four of this Decision; – 50% where they are collateralised by assets that, whether or not they are re-used in another transaction, would meet the general requirements from Section 18 and qualify as level 2B liquid assets in accordance with Section 30, items 2) and 3) of this Decision; – the percentage haircut determined in accordance with Sections 36 and 37 of this Decision, if they are collateralised by exposures underlying units in open-ended investment funds that, whether or not they are re-used in another transaction, would meet the general requirements under Section 18 and qualify as liquid assets underlying the relevant investment fund in accordance with Sections 35 to 39 of this Decision; – 100% where they are secured by assets that do not meet the criteria for applying the percentage under indents one to eight of this paragraph; 3) receivables due from margin loans maturing within 30 days, extended to customers for the purpose of buying new securities, collateralised by assets which do not qualify for inclusion in the bank’s liquidity buffer, shall receive a 50% inflow rate. Such inflows may only be recognised where the bank is not using the collateral it originally received against the loans to cover any short positions; 4) receivables that the counterparty treats as an operational deposit in accordance with Section 51 of this Decision shall be subject to the inflow rate corresponding to the outflow rate applied by the counterparty to the amount of liabilities in this respect; where the corresponding rate cannot be established by the bank, a 5% inflow rate shall be applied; 5) collateral swaps and other similar transactions that mature within 30 days shall lead to an inflow where the assets lent is subject to a lower haircut than the asset borrowed in accordance with Subpart 2, Part 2 of this Chapter. The inflow shall be calculated by multiplying the market value of the asset lent by the difference between the inflow rate applicable to the asset borrowed
46 and the inflow rate applied to the asset lent, determined in accordance with item 2) of this Section. For the purposes of this calculation, a 100% haircut shall be applied to assets that do not qualify to be included in the bank’s liquidity buffer; 6) where the bank obtained the collateral through a reverse repo transaction, securities borrowing contract, collateral swaps or another similar transaction maturing within 30 days, and then used that collateral to cover a short position that can be extended beyond 30 days, the bank shall assume that such transactions or contracts will be rolled-over and will not give rise to any liquidity inflows reflecting its need to continue to cover the short position or to re-purchase the relevant securities. Short positions shall include both instances where in a matched book the bank sold short a security outright as part of a trading or hedging strategy and instances where in the matched book the bank has borrowed a security for a given period and lent the security out for a longer period; 7) the amount of undrawn credit or liquidity facilities extended to the bank, including the facilities extended by the central banks, except facilities referred to in Section 76, paragraph 4 and Section 85 of this Decision, shall not be included in liquidity inflows for the purpose of calculating the liquidity coverage ratio; 8) receivables from securities issued by the bank itself or by an affiliated person shall be disclosed on a net basis, where the inflow rate to be applied shall be determined depending on the type of counterparty in accordance with the provisions of this Section; 9) loans with an undefined contractual end date, where the bank may request payment within 30 days, shall be subject to a 20% inflow rate; 10) banks shall calculate liquidity outflows and inflows expected over a 30 day period arising from financial derivative contracts and credit derivatives on a net basis, in accordance with Section 42, paragraphs 5 and 6 of this Decision. If the bank establishes net liquidity inflow from a derivative contract during such netting, it shall apply a 100% inflow rate to such inflow. Liquidity inflows under transactions from paragraph 1, item 2) of this Section shall not be recognised if the collateral for those transactions is used to cover the short position in accordance with Section 63, paragraph 3 of this Decision. Cap on liquidity inflows 82. Banks shall limit the amount of liquidity inflows taken into account for the calculation of the liquidity coverage ratio to 75% of total liquidity outflows calculated as defined in Subpart 1 of this Part, except for liquidity inflows in accordance with Section 83 of this Decision. 83. The National Bank of Serbia may allow the bank to fully or partially
47 exempt from the cap referred to in Section 82 of this Decision the following inflows:
48 subsidiary of the parent of the bank, and/or a company the bank is linked with by common management within the meaning of the decision governing the capital adequacy of banks. 3) the inflow rate, for whose application the bank is seeking the authorisation of the National Bank of Serbia, exceeds 40%, and a corresponding symmetric outflow rate is applied by the counterparty; 4) the counterparty is established in the Republic of Serbia. When applying for the authorisation referred to in paragraph 1 of this Section, the bank shall submit documents proving the fulfilment of the conditions laid down in that paragraph. Part 4 Formula for the determination of the liquidity buffer composition 86. The liquidity buffer of the bank shall be equal to the sum of the amounts from items 1) to 3) of this Section minus the lesser of the amounts from items 4) and 5) of this Section:
49 collateral swaps that mature within 30 days from the calculation date and where the bank and the counterparty exchange liquid assets on at least one leg of the transaction; 3) the adjusted amount of level 2A liquid assets, which shall be equal to the value post-haircuts of all level 2A liquid assets that would be held by the bank upon the unwinding of securities financing transactions, margin lending transactions, secured lending transactions, in accordance with the decision governing the capital adequacy of banks and collateral swaps that mature within 30 days from the calculation date and where the bank and the counterparty exchange liquid assets on at least one leg of the transaction; and 4) the adjusted amount of level 2B liquid assets, which shall be equal to the value post-haircuts of all level 2B liquid assets that would be held by the bank upon the unwinding of securities financing transactions, margin lending transactions, secured lending transactions, in accordance with the decision governing the capital adequacy of banks and collateral swaps that mature within 30 days from the calculation date and where the bank and the counterparty exchange liquid assets on at least one leg of the transaction. 88. The excess liquid assets amount shall be equal to the sum of the amounts from items 1) to 4) of this Section minus the lower of the amounts from items 5) to 8) of this Section:
50 The net liquidity outflows referred to in paragraph 1 of this Section shall be determined by applying the following formula: NLO = TO – min(IEC, TO) – min (IC, 0,75*max(TO – IEC, 0)), where: NLO – net liquidity outflow, TO – total outflows, IEC – inflows exempted from the cap referred to in Section 82 of this Decision in accordance with Section 83 of the Decision; IC – inflows subject to the cap referred to in Section 82 of this Decision.
51 Part 6 Application on the consolidated basis 90. The ultimate parent company shall calculate the liquidity coverage ratio on a consolidated basis for the banking group in the following manner:
52 Where, at any time, the NSFR of a bank has fallen below 100%, or can be reasonably expected to fall below 100%, the bank shall act in accordance with Section 4 of this Decision. 92. Banks shall calculate the NSFR in dinars, namely:
53 percentage from paragraph 6 of this Section is applied, the bank shall send to the National Bank of Serbia no later than 10 days after the deadline for submitting the report on the NSFR, prescribed by the decision from paragraph 5 of this Section, a notification about the reasons that have led to the shortfall of the ASF in dinars, as well as about the activities the bank intends to take or has taken in order to ensure appropriate coverage of the RSF in dinars by the ASF in that currency. In cases from paragraph 7 of this Section, banks are obliged to report to the National Bank of Serbia about their NSFR level in dinars on a monthly basis, at the end of the previous month, in the manner laid down in the decision governing the reporting requirements for banks by no later than the 20th day of the month, until they reach appropriate coverage of RSF in dinars by ASF in that currency. Notwithstanding the provisions of paragraphs 6 to 8 of this Section, if during the bank supervision procedure the National Bank of Serbia deems it necessary, it may order the bank to restrict currency mismatches by determining which part of the RSF in a certain currency can be covered by the ASF not denominated in that currency. This restriction may be determined and applied only in relation to the currency considered significant within the meaning of Section 15, paragraph 3 of this Decision. In determining the level of any restriction on currency mismatches referred to in paragraph 9 of this Section, the National Bank of Serbia shall take into account:
54 Where a certain position of assets or off-balance sheet items or some part of that position can be classified into more than one RSF category, it shall be classified as the category that requires the highest coverage by stable funding, i.e. in the category subject to the highest haircut set out in Subpart 2, Part 3 of this Chapter, unless otherwise stipulated by this Decision. 94. By way of exception from Section 93, paragraph 1 of this Decision, banks shall take into account the fair value of derivative positions on a net basis where those positions are included in the same netting set and where the requirements are met pertaining to the contractual netting, laid down in the decision governing the capital adequacy of banks. The fair value of derivative positions that do not meet the requirements from paragraph 1 of this Section shall be taken into account on a gross basis and those derivative positions shall be treated as belonging to their own netting set for the purpose of calculating RSF items. For the purpose of calculating the NSFR, the fair value of a netting set shall be the sum of the fair values of all derivative transactions included in that netting set. Transactions under cross-currency interest rate swaps, currency forward and futures contracts, bought currency options and other similar contracts that involve a full exchange of principal amounts on the same date may be netted at currencies (aggregately in dinars and all other currencies, as well as individually in each significant currency), although such transactions are not included in the same netting set, i.e. the conditions are not met for the contractual netting, set out in the decision governing the capital adequacy of banks. Cash received as collateral to mitigate exposure from derivative transactions shall not be considered a deposit included in the calculation of ASF and shall be treated as collateral for the purpose of calculating the NSFR. The National Bank of Serbia may inform banks to waive the impact of derivative contracts on the calculation of the NSFR, including through the determination of haircuts for RSF and of provisions and losses, provided that the following conditions are met:
55 3) the derivative contracts serve to implement the monetary policy determined by the National Bank of Serbia. If the decision from paragraph 6 of this Section is applied to a bank’s subsidiary having its head office in a third country, and the decision was adopted by the competent authority in accordance with the regulations of that country governing the NSFR, that decision shall be taken into account when calculating this ratio on a consolidated basis for the banking group. In terms of netting capital market-driven transactions and secured lending transactions, assets and liabilities arising from repo transactions, securities or commodities lending or borrowing transactions and margin lending transactions, they may be calculated on a net basis for each counterparty if the following conditions are met:
56
57 irrevocable or conditionally revocable credit or liquidity facility received by the bank constitutes a more stable source of funding, or that the bank’s asset or irrevocable or conditionally revocable credit and liquidity facility approved by the bank requires less stable funding over the one-year horizon of the net stable funding ratio than the same liability, asset or irrevocable or conditionally revocable credit or liquidity facility received or granted by the counterparties; 3) the counterparty applies to RSF items a haircut that is equal to or higher than the higher haircut applied to ASF items, or applies to ASF items a haircut equal to or lower than the lower haircut applied to RSF items; 4) the bank and the counterparty are with the head office in the Republic of Serbia. When applying for the approval referred to in paragraph 1 of this Section, the bank shall submit documents proving the fulfilment of the conditions laid down in that paragraph. Part 2 Available stable funding (ASF)
58 exercisable at the discretion of the bank, the bank shall take into account reputational factors that may limit a bank’s ability not to exercise the option, in particular market expectations that the bank should redeem or repay certain liabilities before their maturity. A bank shall determine the residual maturity of deposits with fixed notice periods in accordance with their notice period, and shall treat term deposits in accordance with their residual maturity. By way of derogation from paragraph 2 of this Section, in determining the residual maturity of term retail deposits, banks shall not take into account options for early withdrawals which occur in less than one year, where the depositor would suffer a loss equal to the interest between the date of withdrawal and the contractual maturity date and where the depositor has to pay a material penalty for early withdrawals, whereby such penalty does not have to exceed the interest between the date of depositing and the date of withdrawal. In order to determine the haircuts applicable to ASF items in accordance with Subpart 2 of this Part, banks shall treat any portion of liabilities having a residual maturity of one year or more that matures in less than six months and any portion of such liabilities that matures between six months and less than one year as having a residual maturity of less than six months or between six months and less than one year, respectively. When determining haircuts applicable to ASF items in accordance with Subpart 2 of this Part, in case of liabilities with residual maturity of at least six months but less than one year, the portion of liabilities maturing within less than six months shall be considered liabilities with the residual maturity of less than six months. 2. Haircuts applicable to ASF items 0% haircut 99. Unless otherwise specified in Sections 102 to 105 of this Decision, a 0% haircut shall be applied to liabilities without a stated maturity, including short positions and open maturity positions. By way of derogation from paragraph 1 of this Section, deferred tax liabilities and minority interests within the meaning of the decision governing the consolidated supervision of the banking group shall be subject to the following haircuts:
59 2) 50%, where the residual maturity is at least six months but less than one year; 3) 100%, where the residual maturity is one year or more. For the purposes of paragraph 2 of this Section, the residual maturity of deferred tax liabilities shall be determined in accordance with the nearest possible date on which such liabilities could be realised, and the residual maturity of minority interests shall be determined in accordance with the term of the underlying capital instrument. 100. The 0% haircut shall be applied to:
60
61 embedded options that, if exercised, would reduce the residual maturity of an instrument to less than one year; 3) the Tier 2 items of the bank before deductions from Tier 2, in accordance with the decision governing the capital adequacy of banks, having a residual maturity of one year or more, excluding any capital instruments with explicit or embedded options that, if exercised, would reduce the effective residual maturity of an instrument to less than one year; 4) any other capital instruments of the bank with a residual maturity of one year or more, excluding any instruments with explicit or embedded options that, if exercised, would reduce the residual maturity to less than one year; 5) any other secured or unsecured liabilities with a residual maturity of one year or more, including term deposits, unless otherwise specified in Sections 99 to 104 of this Decision. Part 3 Required stable funding (RSF)
62 purposes of this Part and shall be subject to the appropriate haircuts to be applied under Subpart 2 of that Part, regardless of whether the assets remain on the bank’s balance sheet. If the bank does not have beneficial ownership over the asset from paragraph 5 of this Section, such assets shall be excluded from the calculation of the amount of RSF. 107. Assets that are encumbered for a residual maturity of six months or longer shall be assigned either the haircut that would be applied under Subpart 2 of this Part to those assets if they were held unencumbered or the haircut that is otherwise applicable to those encumbered assets, whichever factor is higher. Where the residual maturity of the encumbered assets is shorter than the residual maturity of the transaction that is the source of encumbrance, the applicable haircut shall be the one assigned to the encumbered assets or the one relating to the transaction that is the source of encumbrance, whichever factor is higher. Assets that have less than six months remaining in the encumbrance period shall be subject to the haircut to be applied under Subpart 2 of this Part to the same assets as if they were held unencumbered. Where the bank reuses or repledges an asset that was borrowed from a counterparty, including the transfer of assets in repo transactions, securities or commodities lending or borrowing transactions or margin lending transactions, and that asset is accounted for off-balance sheet, the transaction in relation to which that asset has been borrowed shall be treated as encumbered, provided that the transaction cannot mature without the bank returning the asset borrowed to the counterparty. For the purposes of this Chapter, unencumbered assets shall be assets that the bank is not restricted or prevented from liquidating, transferring, selling, assigning, or otherwise freely disposing of, through direct sale in the active market or sale within repo contracts in a market generally accepted for this type of transactions due to regulatory, contractual or other limitations – in particular:
63 2) assets that the bank has received as collateral for credit risk mitigation purposes in securities financing transactions, secured lending transactions or collateral exchange transactions and that the bank may freely dispose of; 3) assets attached as non-mandatory overcollateralisation to a covered bond issuance. For the purpose of paragraph 5, item 1) of this Section, the bank shall assume that assets in a pool of encumbered assets are in the amount equal to the amount of the withdrawn credit facility in the ascending order of liquidity within the meaning of Chapter IV of this Decision, starting from assets that fail to meet the conditions to be included in the liquidity buffer. Non-mandatory overcollateralisation within the meaning of paragraph 5, item 3) of this Section means any amount of assets which the bank is not obliged to attach to a covered bond issuance by virtue of legal or regulatory requirements, contractual commitments or for reasons of market discipline, including in particular where the assets are provided in excess of the minimum legal, statutory or regulatory overcollateralisation requirement applicable to the covered bonds under the national law of the state applicable to such bonds. 108. In the case of non-standard or temporary operations conducted by the National Bank of Serbia in order to fulfil its mandate in a period of marketwide financial stress or in exceptional macroeconomic circumstances, the National Bank of Serbia may determine by a regulation a reduced haircut for the following RSF items:
64 Section 101, paragraph 2, item 2) and Section 129, paragraph 3, item 2) of this Decision, recognised as initial margin posted to a counterparty, or recognised as a contribution to the default fund of a CCP in accordance with Section 128, paragraph 1, items 1) and 2) of that Decision from calculation of other RSF items. 110. Banks shall include financial instruments, foreign currencies and commodities for which a purchase order has been executed in the calculation of the amount of RSF items. Banks shall exclude financial instruments, foreign currencies and commodities for which a sale order has been executed from the calculation of the amount of RSF items, provided that those transactions are not reflected as derivatives or securities financing transactions on the banks’ balance sheet and that those transactions are to be reflected on the banks’ balance sheet when settled. 111. The National Bank of Serbia may determine by a regulation the haircuts to be applied to RSF items for off-balance sheet exposures that are not referred to in this Part. The National Bank of Serbia shall determine haircuts referred to in paragraph 1 of this Section to ensure that banks hold an appropriate amount of ASF for the portion of exposures from that paragraph that are reasonably expected to require funding over the one-year horizon of the calculation of the net stable funding ratio. 112. Unless otherwise specified in this Decision, in calculating the amount of RSF items, banks shall take into account the residual maturity of assets and off-balance sheet items when determining the haircuts to be applied to that asset and an off-balance sheet item in accordance with Subpart 2 of this Part. When calculating the residual maturity of an asset, banks shall take into account the concluded still valid options, based on the assumption that the issuer or counterparty will exercise any option to extend the maturity of an asset. For options that are exercisable at the discretion of the bank, the bank shall take into account reputational factors that may limit the bank’s ability not to exercise the option, in particular markets’ expectations that the bank should extend the maturity of certain assets at their maturity date. When determining haircuts applicable to RSF items in accordance with Subpart 2 of this Part, in case of loans and other receivables repaid periodically with residual maturity of one year or more, banks shall treat any portion of receivables that matures in less than six months and any portion of
65 such receivables that matures between six months and less than one year as having a residual maturity of less than six months and between six months and less than one year, respectively. When determining haircuts applicable to RSF items in accordance with Subpart 2 of this Part, in case of loans and other receivables repaid periodically with residual maturity of at least six months but less than one year, banks shall treat any portion of receivables maturing within less than six months as a loan or receivable with the residual maturity of less than six months. 2. Haircuts applied to RSF items 0% haircut 113. The 0% haircut shall be applied to:
66 level 1 liquid assets pursuant to Section 26 of this Decision, excluding extremely high quality covered bonds referred to in item 6) of that Section, and where the bank would be legally entitled and operationally able to reuse those assets for the duration of the transaction. By way of derogation from paragraph 1 of this Section, the National Bank of Serbia may decide to apply a higher haircut to the required reserve at the National Bank of Serbia for RSF items, taking into account, in particular, the extent to which required reserve allocations exist over a one-year horizon and therefore require associated stable funding. Banks shall calculate cash receivables from paragraph 1, item 7) of this Section on a net basis, if the conditions from Section 94, paragraph 8 of this Decision are met. For subsidiaries having their head office in a third country, where the required central bank reserves are subject to a higher haircut for RSF items under the net stable funding requirement set out in the national law of that third country, that higher haircut shall be taken into account for banking group consolidation purposes. 5% haircut 114. The 5% haircut shall be applied to:
67 For all netting sets of derivative contracts, banks shall apply a 5% haircut to the absolute fair value of those netting sets of derivative contracts, where those netting sets have a negative fair value, gross of any collateral posted, or settlement payments and receipts related to market valuation changes of such contracts. 7% haircut 115. The 7% haircut shall be applied to unencumbered level 1 liquid assets in the form of extremely high quality covered bonds referred to in Section 26, item 6) of this Decision which meet the requirements from Section 18 of this Decision and regardless of whether they comply with the operational requirements as set out in Sections 19 to 24 of this Decision and requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision; 7.5% haircut 116. The 7.5% haircut shall be applied to trade finance off-balance sheet related products with a residual maturity of at least six months but less than one year. 10% haircut 117. The 10% haircut shall be applied to:
68 accordance with Section 40 of that Decision. 15% haircut 119. The 15% haircut shall be applied to unencumbered assets that are eligible as level 2A assets pursuant to Section 28 of this Decision, if those assets meet the conditions from Section 18 of that Decision, regardless of whether they comply with the operational requirements as set out in Sections 19 to 24 of this Decision and requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision. 20% haircut 120. The 20% haircut shall be applied to unencumbered exposures based on investment in open-ended investment funds subject to reduction by the haircut from Section 36, item 4) of this Decision (before the reduction) and meet the conditions from Section 18 of that Decision, regardless of whether they comply with the operational requirements and as set out in Sections 19 to 24 of this Decision and requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision. 25% haircut 121. The 25% haircut shall be applied to unencumbered asset-backed securitisations referred to in Section 32, item 7), indents one and three of this Decision that are eligible as level 2B liquid assets and are subject to reduction by the haircut from Section 34, item 1) of that Decision (before the reduction), if those assets meet the requirements from Section 18 of this Decision, regardless of whether they comply with the operational requirements as set out in Sections 19 to 24 of this Decision and requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision. 30% haircut 122. The 30% haircut shall be applied to:
69 of this Decision (before the reduction) which meet the requirements from Section 18 of that Decision, regardless of whether they comply with the operational requirements as set out in Sections 19 to 24 of this Decision and requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision. 35% haircut 123. The 35% haircut shall be applied to:
70 meet the requirements from Section 18 of this Decision, regardless of whether they comply with the operational requirements as set out in Sections 19 to 24 of that Decision and the requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision; 2) deposits held by the bank in another bank that fulfil the criteria for operational deposits as set out in Sections 51 and 53 of this Decision; 3) cash receivables due from transactions with a residual maturity of less than one year where the counterparty is a foreign country, territorial autonomy, local government unit, public administrative body, multilateral development bank or an international organisation which qualifies for a 0% risk weight in accordance with the decision governing the capital adequacy of banks, a non-financial corporate customer, a small or medium-sized company, a credit union operating in accordance with the EU regulations and authorised by a competent authority, personal investment company, natural person and clients that are deposit brokers in the amount that does not fall under item 2) of this paragraph; 4) receivables with a residual maturity of at least six months but less than one year due from the National Bank of Serbia, the ECB, central banks of Member States or financial customers; 5) trade finance on-balance sheet related products with a residual maturity of at least six months but less than one year; 6) assets encumbered for a residual maturity of at least six months but less than one year, except where those assets would be assigned a higher haircut in accordance with Sections 126 to 129 of this Decision if they were held unencumbered; 7) any other assets with a residual maturity of less than one year, except assets from Sections 113 to 124 of this Decision. Where unencumbered assets referred to paragraph 1, item 6) of this Section are subject to a higher haircut in accordance with Sections 126 to 129 of this Decision, banks shall apply that haircut to those assets. 55% haircut 126. The 55% haircut shall be applied to unencumbered exposures based on investment in open-ended investment funds subject to reduction by the haircut from Section 36, item 8) of this Decision (before the reduction) and meet the conditions from Section 18 of that Decision, regardless of whether they comply with the operational requirements and as set out in Sections 19 to 24 of this Decision and requirements on the composition of the liquidity buffer in accordance with Section 40 of that Decision. 65% haircut 127. The 65% haircut shall be applied to:
71
72 9) assets encumbered for a residual maturity of one year or more in a cover pool funded by covered bonds eligible for preferential treatment as set out in the decision governing capital adequacy. If unencumbered assets referred to in paragraph 1, items 1) and 2) of this Section are subject to a higher haircut in accordance with Section 129 of this Decision, banks shall be required to apply that haircut on those assets. 100% haircut 129. The 100% haircut shall be applied to:
73 are lower than haircuts under the Part 2 of this Chapter, shall be subject to those lower haircuts for consolidation purposes; 2) assets and off-balance sheet items of a subsidiary having its head office in a third country subject to RSF haircuts set out in the national law of that country, that are higher than haircuts under the Part 3 of this Chapter, shall be subject to those higher haircuts for consolidation purposes; 3) assets of a subsidiary having its head office in a third country that meet the requirements from Chapter IV of this Decision shall not be treated as liquid assets for the purpose of consolidation if such assets are not deemed liquid assets under the regulations of another country governing the liquidity coverage ratio. C h a p t e r VI TRANSITIONAL AND FINAL PROVISIONS 131. Pending adoption of a separate law on securitisation, banks may not engage in the activity of the originator, sponsor or original lender in securitisation. 132. Pending the adoption of regulations governing the operations of a deposit broker, performing these operations in the Republic of Serbia shall not be allowed. 133. The bank shall test the application of the provisions of Chapter V of this Decision in order to be ready to fully adjust its operations to these provisions. The bank shall notify the National Bank of Serbia about the results of the testing by submitting the reports prescribed by the decision governing reporting requirements for banks, with data as at 31 March 2024, by no later than 20 April 2024. 134. This Decision repeals the Decision on Liquidity Risk Management by Banks (RS Official Gazette, No 103/2016). 135. This Decision shall enter into force on the eighth day from the day of publication in the RS Official Gazette and shall be applied as of 30 June 2024. NBS Executive Board No 81 Chairperson 9 November 2023 of the NBS Executive Board B e l g r a d e G o v e r n o r of the National Bank of Serbia Dr Jorgovanka Tabaković, sign.