Decision on the Content of the Register of Virtual Currency Service Providers and Detailed Conditions and Manner of Keeping that Register

RS Official Gazette, No 49/2021
Pursuant to Article 10, paragraph 1, and Article 72, paragraph 4 of the Law on Digital Assets (RS Official Gazette, No 153/2020) and Article 18, paragraph 1, item 3) 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 Governor of the National Bank of Serbia hereby issues D E C I S I O N ОN THE CONTENT OF THE REGISTER OF VIRTUAL CURRENCY SERVICE PROVIDERS AND DETAILED CONDITIONS AND MANNER OF KEEPING THAT REGISTER

1. This Decision regulates the content of the Register of virtual currency
   service providers (hereinafter: Register), detailed conditions and the manner in which the National Bank of Serbia keeps the Register, and/or enters the data in the Register, as well as changes and deletes data from the Register. Entry into the Register shall not have a constitutive effect. Content of the Register
2. The Register shall сontain data on:

1. digital asset service providers in the part of operations pertaining to
   virtual currencies (hereinafter: service providers) which hold the licence of the National Bank of Serbia for the provision of virtual currency services;
2. branches of service providers in foreign countries, and/or service
   providers which based on the National Bank of Serbia’s approval provide virtual currency services directly in a foreign country.

3. The following data on the service provider shall be entered in the
   Register:

1. register number of the service provider;
2. business name and head office address of the service provider;
3. registration number and tax identification number (TIN) of the
   service provider;
4. number and date of the National Bank of Serbia’s decision
   licensing the service provider for the provision of virtual currency services, as well as the number and date of all National Bank of Serbia’s decisions amending or supplementing that licence;

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5) types of virtual currency services which the service provider is
authorised to provide pursuant to the National Bank of Serbia’s decision;
6) financial statements of the service provider, along with the external
auditor’s report if the service provider is obliged to have its financial statements audited in accordance with law;
7) name, surname and permanent residence, and/or business name
and head office of the person with a qualifying holding in the service provider, as well as the data on the amount of that holding;
8) name, surname and function of members of the management and
persons who will directly manage the operations of virtual currency service provision in the service provider;
9) telephone number, email address and website of the service
provider;
10) data showing that the service provider is also licensed by the
Securities Commission for the provision of services connected with digital tokens as a type of digital assets and the types of digital token services the service provider is authorised to provide in accordance with the decision of the Securities Commission – if licensed. Data on measures and/or fines imposed on the service provider for violating the provisions of the Law on Digital Assets shall be entered in the Register as well. The National Bank of Serbia shall take over from the Business Registers Agency, by official duty, data from paragraph 1, item 6) of this
Section.
Data from paragraph 1, item 10) of this Section shall be entered in the Register upon receipt from the Securities Commission.
4. The National Bank of Serbia shall enter in the Register the approval
for setting up a service provider’s branch in a foreign country, and/or for direct provision of virtual currency services in a foreign country – issued to the service provider based on the decision regulating detailed terms and manner of granting and revoking approval for the provision of virtual currency services in a foreign country. The following data on the service provider’s branch in a foreign country shall be entered in the Register:

1. name, address and email address of the branch, as well as the
   name of the foreign country in which the branch is established;
2. register number, business name and head office address of the
   service provider which established the branch;

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3) number and date of the National Bank of Serbia’s decision
granting approval to the service provider for setting up a branch in a foreign country, as well as the number and date of all decisions of the National Bank of Serbia amending or supplementing such approval;
4) types of virtual currency services which the service provider
provides via a branch in a foreign country, in accordance with the National Bank of Serbia’s decision;
5) name, surname and position of a person who will be managing the
branch’s operations;
6) number and date of the decision on revoking the approval referred
to in paragraph 1 hereof pertaining to the setting up of a service provider’s branch in a foreign country. The following data on service providers which directly provide virtual currency services in a foreign country shall be entered into the Register:

1. register number, business name and head office address of the
   service provider which directly provides virtual currency services in a foreign country;
2. number and date of the National Bank of Serbia’s decision
   granting approval to the service provider for direct provision of virtual currency services in a foreign country, as well as the number and date of all National Bank of Serbia’s decisions amending or supplementing such approval;
3. name of the foreign country in which virtual currency services are
   directly provided pursuant to the National Bank of Serbia’s decision;
4. types of virtual currency services which the service provider
   directly provides in a foreign country;
5. name, surname and position of persons who will manage the
   direct provision of virtual currency services in a foreign country;
6. number and date of the decision on revoking the approval from
   paragraph 1 hereof pertaining to the direct provision of virtual currency services in a foreign country. Apart from data referred to in paragraphs 2 and 3 hereof, the National Bank of Serbia shall also enter in the Register the data about the approval of the Securities Commission for setting up a branch of a provider of digital token services in a foreign country, and/or for direct provision of digital token services in a foreign country, if the provider holds that approval too.

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Keeping the Register and entry and change of data
5. The Register shall be a public book and the National Bank of Serbia
shall keep the Register in electronic form.
Data from the Register shall be available on the National Bank of Serbia’s website and on a special web portal operated by the competent service of the Government of the Republic of Serbia in accordance with the law governing digital assets. The National Bank of Serbia shall issue excerpts and certificates with data from the Register at the request of interested parties and upon the payment of fee prescribed by the decision on uniform fees charged for the services provided by the National Bank of Serbia. Personal data entered in the Register shall be collected, processed, kept and used in accordance with the law governing personal data protection.
6. Register numbers of service providers in the Register shall be
established by the National Bank of Serbia and assigned at the entry. These numbers shall be unique, unchangeable and unrepeatable.
7. The National Bank of Serbia shall enter data in the Register based on
the documentation submitted by service providers, as well as other available documentation. All changes to data from Sections 2 to 4 of this Decision shall be entered in the Register. Service providers shall promptly notify the National Bank of Serbia of any changes to the data entered in the Register, and the National Bank of Serbia shall enter those changes in the Register within three business days from receiving that notification. The National Bank of Serbia shall not be liable for the truthfulness and authenticity of data contained in the Register if the data in the documentation from paragraph 1 hereof are not true and authentic, and/or if the service provider failed to act as specified in paragraph 3 hereof. Deletion of data from the Register
8. The National Bank of Serbia shall delete from the Register the data on
a service provider if its licence for the provision of virtual currency services ceased to be valid.

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Notwithstanding paragraph 1 hereof, after the cessation of validity of the licence for the provision of virtual currency services, in a separate part of the Register pertaining to service providers whose licence ceased to be valid, data from Section 3, paragraph 1, items 2) and 3) of this Decision, which were available at the moment when that licence ceased to be valid, shall still be displayed, along with the note on the date when the licence ceased to be valid and the grounds for the cessation of its validity in accordance with the law governing digital assets. The National Bank of Serbia shall delete from the Register the data on the service provider’s branch in a foreign country, and/or on the direct provision of virtual currency services in a foreign country six months after the adoption of the decision on revoking the approval referred to in Section 4, paragraph 1 of this Decision. The deletion referred to in paragraphs 1 and 3 hereof shall mean removing the data specified in those paragraphs from the National Bank of Serbia website. Final provision
9. This decision shall enter into force on the eighth day following its
publication in the RS Official Gazette and shall apply as of 29 June 2021. Decision No 8 G o v e r n o r 13 May 2021 National Bank of Serbia B e l g r a d e Dr JorgovankaTabaković, sign.