Decree of NBS No. 19/2015 on information about customer fees and payments provided by banks and branches of foreign banks

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DECREE of Národná banka Slovenska of 1 December 2015 on information about customer fees and payments provided by banks and branches of foreign banks Národná banka Slovenska, in accordance with Article 37(14)(a) and (b) and Article 42(2) of Act No 483/2001 Coll. on banks and amending certain laws, as amended (hereinafter ‘the Act’), stipulates as follows:
Article 1
(1) Information on the annual percentage interest rate of a banking transaction (hereinafter the ‘transaction’) where the interest rate has been agreed in accordance with Article 37(2) of the Act shall include:
(a) the annual percentage rate charged for the transaction applicable as at the time when the transaction contract was concluded, (b) description of the circumstances which may, based on the transaction contract or business terms and conditions of the bank and branch of a foreign bank (hereinafter the ‘bank’), affect the annual percentage rate of the transaction during the term of the contractual relationship; and the time when the bank will inform the customer of the occurrence of such circumstances. (2) Information on the fees which the bank requires customers to pay in relation to the transaction contract as referred to in Article 37(2) of the Act shall include information on all expenses related to the conclusion of this contract and information on all expenses associated with this transaction contract which the customer is required to pay during the term of the contractual relationship. (3) Information on the payments made in favour of the customer in relation to the transaction contract as referred to in Article 37(2) of the Act shall include information on the annual percentage rate of the transaction or the amount of the commission, if it has been agreed.
Article 2
Information under Article 1 is provided to the customer in writing when concluding any transaction contract. Information under Article 1 may be included in the transaction contract, or in the general business terms and conditions, if these form an integral part of the transaction contract.
Article 3
(1) Information on the fees which customers are required to pay for selected types of transactions as referred to in Article 37(3) of the Act shall be produced and submitted in the form of a Report on customer fees required for selected types of transactions Bd (ODP) 24-02, whose template, including the methodology for its production, is provided in the Annex. (2) The report referred to in paragraph 1 shall be prepared (a) on a half-yearly basis, according to the status as at the first day of the respective half of the calendar year,

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(b) as at the day on which the payments changed.
(3) Where the accounting period is a fiscal year rather than a calendar year, the deadline specified in paragraph 2 for the production of the reports under paragraph 1 is extended by the period of time between the end of the calendar year and the end of the fiscal year. (4) The report referred to in paragraph 1 shall be submitted electronically to the Ministry of Finance of the Slovak Republic as an Office Open XML(.xlsx) file sent to the address poplatky@mfsr.sk, and to Národná banka Slovenska through the information system Statistics Collection Portal. (5) The report referred to in paragraph 1 shall be submitted (a) within ten working days of the day to which it refers in the case of reports under paragraph 2(a), (b) within five working days of the day to which it refers in the case of reports under paragraph 2(b), (6) Where the accounting period is a fiscal year rather than a calendar year, the deadlines specified in paragraph 5 for the submission of the reports under paragraph 1 shall be extended by the period of time between the end of the calendar year and the end of the fiscal year.
Article 4
Reports for 2015 submitted in 2016 shall be produced and submitted in accordance with legal regulations in force from 1 January 2016.
Article 5
This Decree repeals Decree No 21/2011 of Národná banka Slovenska of 6 December 2011 on fee-related information provided to customers by banks and branches of foreign banks (Notification No 480/2011 Coll.).
Article 6
This Decree enters into force on 1 January 2016.
Jozef Makúch
Governor represented by Karol Mrva
Member of the NBS Bank Board and Executive Directive for Financial Market Operations Issuing unit: Regulation Department Tel.: +421 2 5787 3301 Fax: +421 2 5787 1118