Decision on More Detailed Content of Records of Financial Contracts

[Unofficial translation]
Pursuant to Article 44 paragraph 2 item 3 of the Central Bank of Montenegro Law (OGM 40/10, 6/13, 70/17, 125/23) and Article 20 paragraph (7) of the Law on Resolution of Credit Institutions (OGM 72/19, 8/21, 113/24), the Council of the Central Bank of Montenegro, at its meeting held on 17 March 2025, passed the following DECISION ON MORE DETAILED CONTENT OF RECORDS OF FINANCIAL CONTRACTS
Article 1
This Decision shall prescribe in more detail the content of the records of financial contracts to which a credit institution or a legal person referred to in Article 3 items 2), 3) and 4) of the Law on Resolution of Credit Institutions (OGM 72/19, 8/21, 113/24) - (hereinafter: the Law) is a party, which that credit institution or a legal person referred to in Article 3 items 2), 3) and 4) of the Law shall prepare and update on a regular basis.
Article 2
The records of financial contract referred to in Article 1 of this Decision shall contain in particular:
1) date and time of entry of each financial contract into the records;
2) information on the parties to the financial contract;
3) financial contract type;
4) data on the transaction;
5) data on the settlement of the financial contract.
Article 3
The information on the parties to the financial contract referred to in Article 2 item 2) of this Decision shall be the following:
1) data on the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4)
of the Law - name, head office (address, city and country), as well as the tax identification number (TIN);
2) data on the counterparty - head office (address, city and country), tax identification number
(TIN), or the code used to identify the counterparty, the code of the country where the head office of the counterparty is located, or a unique master citizen number in case that the counterparty is a natural person;
3) the law governing the financial contracts;
4) for financial contracts governed by third country law:
 contractual recognition of write down and conversion powers, specifying the contractual provisions referred to in Article 108 paragraph (1) of the Law;

Decision on more detailed content of records of financial contracts (OGM, 29/25) 2  contractual recognition of suspension of termination rights, specifying the contractual provision which recognises the Central Bank of Montenegro’s (hereinafter: the Central Bank) power to suspend the termination right;  contractual recognition of resolution powers specifying the contractual provision, if any, by which the counterparty recognises the Central Bank’s power to apply resolution powers other than those identified in Articles 1 and 2 of this item;
5) core business lines, specifying which core business line or critical functions the financial
contract relates to, if any;
6) market value of the financial contract, specifying the method applied for the valuation, the
currency used for the valuation, and the date and time of the valuation.
7) collateral agreement between the counterparties, if it exists;
8) collateral portfolio indicating whether the collateralisation was performed on a portfolio
basis, which means that the collateral was calculated on the basis of net positions resulting from a set of contracts, rather than per the transaction.
9) collateral portfolio code - if collateral is reported on a portfolio basis, the portfolio must be
identified by a unique code determined by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law;
10) value of the initial margin posted by the credit institution, or a legal person referred to in
Article 3 items 2), 3), and 4) of the Law to the counterparty, specifying the currency of the
initial margin;
11) value of the variation margin posted, including cash settled, by the credit institution, or a
legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty, and where variation margin is posted on a portfolio basis, including the overall value of variation margin posted for the portfolio, and specifying the currency of the variation margin posted;
12) initial margin received - value of initial margin received by the credit institution, or a legal
person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty, and where initial margin is received on a portfolio basis, including the overall value of initial margin received for the portfolio, and specifying the currency of the initial margin received.
13) variation margin received - value of variation margin received, including cash settled, by
the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty, and where variation margin is received on a portfolio basis, including the overall value of variation margin received for the portfolio, and specifying the currency of the variation margin received.
Article 4
Information on the type of financial contract referred to in Article 2 item 3) of this Decision shall be the financial contract ID.
Article 5
Data on the transaction referred to in Article 2 item 4) of this Decision shall include the following:
1) maturity date of the liability under the financial contract;

Decision on more detailed content of records of financial contracts (OGM, 29/25) 3
2) validity date of the reporting financial contract;
3) in the case of an early termination of the financial contract - the contract termination date;
4) whether the counterparty’s termination right under the financial contract is based on the
bankruptcy or financial condition of the credit institution, or a legal person referred to in
Article 3 items 2), 3), and 4) of the Law under resolution;
5) name of the relevant master agreement, if used for the financial contract (e.g. ISDA Master
Agreement, Master Power Purchase and Sale Agreement, International ForEx Master Agreement, European Master Agreement, etc.), specifying the year of the master agreement, if applicable;
6) for the financial contract that is a part of a netting arrangement referred to in Article 6
paragraph (1) item 59) of the Law, a unique reference of the netting arrangement;
7) whether liabilities arising from the financial contract are entirely or partially excluded from
bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law, or whether they are not excluded.
Article 6
Data on the settlement of the financial contract referred to in Article 2 item 5) of this Decision shall include the following:
1) information on whether the financial contract belongs to a class of OTC derivatives subject
to the settlement obligation, and whether both parties to the contract are subject to the settlement obligation as of the time of execution of the financial contract;
2) whether settlement has taken place;
3) time and date when settlement took place;
4) in the case of a financial contract that has been settled, the unique code for the
counterparty that has settled the financial contract.
5) whether the financial contract was entered into as an intragroup transaction.
Article 7
The records of financial contracts pursuant to this Decision shall be maintained using a Template provided in Annex which is attached to this Decision and forms an integral part thereof.
Article 8
This Decision shall enter into force on the eighth day following that of its publication in the Official Gazette of Montenegro. THE COUNCIL OF THE CENTRAL BANK OF MONTENEGRO CHAIRPERSON Decision number: 0101- 2161 - 2/2025 GOVERNOR Podgorica,17 March 2025 Irena Radović, m.p.

Decision on more detailed content of records of financial contracts (OGM, 29/25) 4
ANNEX
Records of financial contracts
No. Type of data Description of information to be maintained in the records of financial contracts (fill-in instructions)
Section 1 – Parties to the financial contract

1. Date and time Date and time of record entry
2. Identification of the credit institution, or a legal person
   referred to in Article 3 items 2), 3), and 4) of the Law Corporate name of the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law
3. ID of the credit institution, or a legal person referred to in
   Article 3 items 2), 3), and 4) of the Law TIN or the code identifying the counterparty
4. ID of the counterparty TIN, unique master citizen number, or the code identifying the other
   counterparty
5. Head office of the credit institution, or a legal person
   referred to in Article 3 items 2), 3), and 4) of the Law Information on the head office, containing address, city and country
6. Country of the counterparty
   The code of the country where the head office of the counterparty is located or country of temporary/permanent residence in case that the counterparty is a natural person.

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7. Governing law The law governing the financial contract
8.
Contractual recognition – write down and conversion powers (only for contracts governed by third country law subject to the requirement of the contractual provision under Article 108 paragraph (1) of the Law) Contractual provision referred to in Article 108 paragraph (1) of the Law. When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it may be recorded at the master agreement level.
9. Contractual recognition – suspension of termination rights
(only for contracts governed by third country law) The contractual provision by which the other counterparty recognises the power of the Central Bank to suspend termination rights When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it may be recorded at the master agreement level.
10. Contractual recognition – resolution powers (only for
contracts governed by third country law)
The contractual provision, if any, by which the other counterparty recognises the power of the Central Bank to apply resolution powers other than those identified in field 8 and field 9. When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it can be recorded at the master agreement level.
11. Core business lines Specify which core business line or critical functions the financial
contract relates to, if any.
12. Value of contract Determination of market value - valuation of the financial contract
13. Currency of the value The currency used for the valuation of the financial contract.

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14. Date and time of the valuation
Date and time of the valuation
For determining market value, the date and time of publishing of reference prices shall be reported.
15. Valuation type Indicate the method of valuation - determining the value.
16. Collateralisation Indicate whether a collateral agreement between the counterparties
exists.
17. Collateral portfolio
Indicate whether the collateralisation was performed on a portfolio basis. Portfolio means that the collateral was calculated on the basis of net positions resulting from a set of contracts, rather than per the transaction.
18. Collateral portfolio code
If collateral is reported on a portfolio basis, the portfolio must be identified by a unique code determined by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law.
19. Initial margin posted
Value of the initial margin posted by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty. Where initial margin is posted on a portfolio basis, include the overall values of initial margin posted for the portfolio.
20. Currency of the initial margin posted Specify the currency of the initial margin posted.

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21. Variation margin posted
Value of the variation margin posted, including cash settled, by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty. Where variation margin is posted on a portfolio basis, include the overall values of variation margin posted for the portfolio.
22. Currency of the variation margin posted Specify the currency of the variation margin posted.
23. Initial margin received
Value of initial margin received by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty. Where initial margin is received on a portfolio basis, include the overall values of initial margin received for the portfolio.
24. Currency of the initial margin received Specify the currency of the initial margin received.
25. Variation margin received
Value of the variation margin received, including cash settled, by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty. Where variation margin is received on a portfolio basis, include the overall values of variation margin received for the portfolio.
26. Currency of the variation margin received Specify the currency of the variation margin received.
Section 2 – Type of financial contract

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27. Type of financial contract Specify the type of financial contract.
28. Financial contract ID
Unique transaction ID, where the liability arises from the OTC derivative. For any other financial contract, ID assigned by the credit institution, or a legal person referred to in Article 3 2), 3), and 4) of the Law.
Section 3 – Data on the transaction
29. Maturity date of the liability Maturity date of the liability under the financial contract
30. Contract validity date Validity date of the reporting financial contract.
31. Contract termination date
Termination date in the case of an early termination of the reported financial contract. If not different from maturity date, this field shall be left blank.
32. Contract termination right
Specify whether the counterparty’s termination right under the financial contract is based on the bankruptcy or financial condition of the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law under resolution. When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it may be recorded at the master agreement level.

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33. Master Agreement type
Specify the name of the relevant master agreement, if used for the financial contract (e.g. ISDA Master Agreement, Master Power Purchase and Sale Agreement, International ForEx Master Agreement, European Master Agreement, etc.).
34. Year of the master agreement Specify the year of the master agreement version used for the
reported transaction, if applicable.
35. Netting arrangement
Where the financial contract is a part of a netting arrangement referred to in Article 6 paragraph (1) item 59) of the Law, specify the unique reference of the netting arrangement.
36. Type of liability
Specify whether liabilities arising from the financial contract are:
— entirely excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law. — partially excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law. — not excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law.
Section 4 – Financial contract settlement
37. Settlement obligation
Specify whether the financial contract belongs to a class of OTC derivatives subject to the settlement obligation, and whether counterparties are subject to the settlement obligation as of the time of execution of the financial contract;

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38. Settlement Specify whether settlement has taken place.
39. Time and date when settlement took place Time and date when settlement took place.
40. Unique code for the counterparty In the case of a financial contract that has been settled, the unique
code for the counterparty that has settled the financial contract.
41. Intragroup Specify whether the financial contract was entered into as an
intragroup transaction.