RS Official Gazette, Nos 100/2023 and 29/2026
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
- This Decision sets out detailed conditions and manner of managing
the liquidity risk by banks, the manner of calculating the liquidity ratio, narrow
liquidity ratio, liquidity coverage ratio and net stable funding ratio, as well as
the limits pertaining to the banks’ exposure to the liquidity risk.
- For the purposes of this Decision, the following terms shall have the
following meaning:
- liquidity risk is the possibility of occurrence of adverse effects on the
financial result and capital of the bank caused by the bank’s inability to meet
its due obligations as a result of:
– withdrawal of existing sources of funding and/or impossibility to
secure new sources of funding (funding liquidity risk), or
– difficulties in converting assets into liquid funds due to market
disturbances (market liquidity risk);
- level 1 liquid assets means assets of extremely high liquidity and
credit quality;
- level 2 liquid assets means assets of high liquidity and credit quality
comprising level 2A and level 2B liquid assets;
- liquid assets are the sum of level 1 and level 2 liquid assets;
- liquidity buffer means the amount of liquid assets that a bank may
include in the calculation of the liquidity coverage ratio pursuant to this
Decision;
- asset coverage requirement means the ratio of assets to liabilities
as calculated for credit enhancement purposes in relation to covered bonds;
- net liquidity outflows means the amount which results from
deducting liquidity inflows from liquidity outflows, set in accordance with this
Decision;
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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).
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C h a p t e r II
MANAGING LIQUIDITY RISK
3. A bank’s liquidity level is indicated by:
- liquidity ratio,
- narrow liquidity ratio,
- liquidity coverage ratio,
- net stable funding ratio.
- A critically low liquidity level shall be the liquidity level where:
- the liquidity ratio and/or the narrow liquidity ratio is lower than one
of the limits laid down in Section 9 of this Decision;
- the liquidity coverage ratio is below the minimum laid down in
Section 14, paragraph 1 of this Decision, including under stress conditions;
- the net stable funding ratio is below the minimum laid down in
Section 91, paragraph 2 of this Decision, including under stress conditions.
A critically low liquidity level shall also be the liquidity level where the
bank rightly expects the liquidity coverage ratio or the net stable funding ratio
to be below the minimum laid down in Section 14, paragraph 1 and Section
91, paragraph 2 of this Decision.
If the bank establishes that its liquidity level is critically low, it shall
promptly notify the National Bank of Serbia thereof, not later than the
following business day. Such notification shall contain the data about the ratio
or the anticipated ratio from paragraph 2 of this Section, as well as the
reasons that have led or will lead to a critically low liquidity level. Along with
the notification, the bank shall submit a plan for removing the causes that
have led to a critically low liquidity level, as well as for the timely reaching of
the minimum ratio levels referred to in paragraph 1 of this Section.
If the bank establishes that its liquidity coverage ratio or the net stable
funding ratio has fallen below the prescribed minimum, in addition to meeting
the obligations referred to in paragraph 3 of this Section, on each business
day it shall report to the National Bank of Serbia about the level of this ratio at
the end of the preceding business day, in the manner prescribed by the
decision governing bank reporting, until the ratio reaches the level referred to
in Section 14, paragraph 1 of this Decision or Section 91, paragraph 2 of this
Decision.
By derogation from paragraph 4 of this Section, the National Bank of
Serbia may approve a lower frequency of reporting referred to in that Section,
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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.
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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:
- procedures for early detection of potential problems relating to
bank’s liquidity, including a list of early warning indicators;
- names and functions of persons responsible for identifying the
problems referred to in item 1) of this paragraph, as well as persons that shall
be notified thereof;
- clearly defined activities and/or obligations and responsibilities in
managing a liquidity crisis;
- obligation to prepare special reports, including data, indicators and
other information relevant for taking measures in case of a liquidity crisis and
for internal notification;
- manner of access to available or potential sources of liquidity, as
well as procedures for ensuring access to additional sources of funding
and/or sources that are not used in regular operations;
- manner of notifying the National Bank of Serbia about the causes of
the liquidity crisis and about the activities planned in order to remove those
causes.
A bank shall test the plan set out in paragraph 1 of this Section at
least once a year and amend it in accordance with the results of scenarioanalyses, and the organisational unit conducting these tests shall report to
the bank’s board in charge of adopting and amending this plan within the
shortest possible deadline.
C h a p t e r III
BANK LIQUIDITY RATIOS
- The liquidity ratio of a bank is the ratio of the sum of level 1 and level
2 liquid receivables of the bank and the sum of liabilities payable on demand
or with no agreed maturity and liabilities falling due within a month from the
date of liquidity ratio calculation.
The narrow liquidity ratio is the ratio of level 1 liquid receivables of a
bank and the sum of liabilities payable on demand or with no agreed maturity
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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:
- the liquidity ratio equals:
– at least 1.0 if calculated as the average liquidity ratio for all
business days in a month,
– not less than 0.9 for more than three business days in a row,
– at least 0.8 if calculated for one business day only;
- the narrow liquidity ratio equals:
– at least 0.7 if calculated as the average liquidity ratio for all
business days in a month,
– not less than 0.6 for more than three business days in a row,
– at least 0.5 if calculated for one business day only.
- Level 1 liquid receivables of a bank shall mean cash and receivables
falling due within a month from the date of liquidity ratio calculation, including
the following:
- vault cash, current account balances, gold and other precious
metals;
- balances on accounts with banks that have been assigned a credit
assessment by a nominated credit assessment institution corresponding to at
least credit quality step 3, determined in accordance with the decision
governing capital adequacy of banks (investment grade);
- deposits with the National Bank of Serbia;
- cheques and other cash receivables under collection;
- irrevocable credit facilities approved to the bank.
In addition to the receivables referred to in paragraph 1 of this
Section, level 1 liquid receivables of a bank shall also include shares and
debt securities listed on exchanges, and 90% of the value of other non-listed
securities issued by the Republic of Serbia.
Level 2 liquid receivables of a bank shall be other bank receivables
falling due within a month from the calculation of the liquidity ratio.
For the purpose of calculating the liquidity ratio, demand deposits and
one-day notice deposits shall be considered as one-day term deposits.
When calculating the liquidity ratio, the bank shall not include any
receivables classified in categories D and E in accordance with the decision
governing the classification of balance sheet assets and off-balance sheet
items.
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11. A bank’s liabilities payable on demand or with no agreed maturity shall
constitute a part of the bank’s liabilities, namely:
- 40% of demand deposits of banks,
- 20% of demand deposits of other depositors,
- 10% of savings deposits,
- 5% of guarantees and other warranties,
- 20% of undisbursed irrevocable credit facilities.
For the purposes of this Decision, other liabilities of a bank falling due
within a month from the calculation of the liquidity ratio shall be such bank’s
liabilities with agreed maturity.
- A bank’s liquid receivables shall be calculated at market value. Where
this value cannot be determined, they shall be calculated at book value.
The dinar equivalent of foreign exchange denominated liquid
receivables and liabilities of a bank shall be calculated by applying the official
middle exchange rate of the National Bank of Serbia as at the calculation
date.
Where a bank’s receivables or liabilities referred to in Section 8 of this
Decision are repaid in annuities, the calculation of the liquidity ratio shall
include annuities under such receivables and/or liabilities falling due within a
month from the date of the calculation.
C h a p t e r IV
LIQUIDITY COVERAGE RATIO
Part 1
The main rules for calculating the liquidity coverage ratio
- A bank shall calculate the liquidity coverage ratio as a ratio of liquidity
buffer and net liquidity outflows over a 30-day stress period.
- Aggregately in all currencies, a bank shall maintain a liquidity
coverage ratio of at least 100%.
By derogation from paragraph 1 of this Section, banks may monetise
their liquid assets which constitute their liquidity buffer to cover their net
liquidity outflows during stress periods, even if such a use of liquid assets
may result in their liquidity coverage ratio falling below 100%, in which case
they shall act in accordance with Section 4 of this Decision.
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15. A bank is obligated to calculate the liquidity coverage ratio in dinars,
namely:
- aggregately for all balance sheet positions and off-balance sheet
items included in the calculation of the ratio, regardless of whether they are in
dinars or in other currencies;
- individually for each significant currency.
When calculating the ratio from paragraph 1 of this Section, the bank
shall recalculate the amounts of all other currencies and significant currencies
into dinars at the official middle exchange rate of the National Bank of Serbia
as at the calculation date.
A currency shall be deemed significant if the total amount of a bank’s
on- and off-balance sheet liabilities denominated and payable in that currency
make up 5% or more of the total amount of the bank’s liabilities.
For the purpose of calculating liquidity coverage ratio, the positions in
dinars indexed to a foreign currency clause shall be treated as positions in
dinars without a foreign currency clause.
The positions of assets, liabilities or off-balance sheet items, or a
certain part of the position, may not be disclosed several times within liquid
assets, liquidity outflows or liquidity inflows for the purpose of calculating the
liquid assets coverage ratio.
- Circumstances in which a bank shall be considered as being subject
to stress shall be in particular:
- the run-off of a significant portion of its retail deposits;
- a partial or total loss of unsecured wholesale funding capacity,
including wholesale deposits and other sources of contingency funding such
as received revocable or irrevocable liquidity or credit facilities;
- a partial or total loss of secured, short-term funding;
- additional liquidity outflows as a result of deterioration of a bank’s
creditworthiness and/or a credit rating downgrade of up to three notches;
- increased market volatility affecting the value of collateral or its
quality or creating additional collateral needs;
- unscheduled draws on liquidity and credit facilities;
- potential obligation to buy-back debt or to honour non-contractual
obligations (e.g. to avoid reputational risk).
Part 2
Liquidity buffer
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- Requirements for inclusion of liquid assets in the liquidity buffer
- A bank may include liquid assets irrespective of their remaining
maturity in the liquidity buffer for the purpose of calculating the liquidity
coverage ratio if the following requirements are met:
- the general requirements laid down in Section 18 of this Decision;
- the operational requirements laid down in Sections 19 to 24 of this
Decision;
- the respective eligibility criteria for the classification of liquid assets
as level 1 liquid assets, level 2A liquid assets or level 2B liquid assets
pursuant to Sections 26 to 41 of this Decision.
а) General requirements for inclusion in the liquidity buffer
- For the purpose of calculating the liquidity coverage ratio, a bank may
include a liquid asset item in the liquidity buffer, if it meets the following
requirements:
- liquid assets shall be a property right, other right of a bank or an
interest, or assets of a bank included in a pool, free from any encumbrance.
For the purpose of this Chapter, an asset shall be deemed to be
unencumbered where it is not subject to any regulatory, contractual, or other
restriction preventing the bank from liquidating, transferring, selling, assigning
or, generally, disposing of such asset via active outright sale or repurchase
agreement in a generally accepted market for such transactions within the
following 30 days (e.g. assets included in a pool which are available for
immediate use as collateral to obtain additional funding under irrevocable or
conditionally revocable undrawncredit facilities available to the bank, assets
that the bank has received as collateral for credit risk mitigation purposes in
reverse repo or securities borrowing transactions and that the bank may
dispose of, etc.). The bank assumes that assets in a pool of encumbered
assets are in the amount equal to the amount of the drawn credit facility in the
rising order of liquidity within the meaning of Subpart 2 of this Part, starting
from assets that fail to meet the requirements to be included in the liquidity
buffer;
- the assets shall not have been issued by any of the following:
– the bank itself, its parent undertaking (other than a public
administrative body that is not a bank), its subsidiary, another subsidiary of its
parent undertaking or an SSPE with which the bank has close links;
– another bank, unless the issuer is a public administrative body
referred to in Section 26, item 3) and Section 28, paragraph 1, items 1) and 2)
of this Decision, or a bank which meets the requirements under Section 26,
item 5) of this Decision, or the asset is a covered bond referred to in Section
26, item 6), Section 28, paragraph 1, items 3) and 4) and Section 30, item 4)
of this Decision,
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– 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:
- banknotes and coins referred to in Section 26, item 1) of this
Decision;
- exposures to central governments referred to in Section 26, item 4)
of this Decision;
- exposures to the central bank referred to in Section 26, items 2)
and 4) and Section 28, paragraph 1, item 2) of this Decision.
b) Operational requirements for inclusion in the liquidity buffer
- Banks shall have procedures and limits in place to ensure that the
holdings of liquid assets comprising their liquidity buffer remain appropriately
diversified at all times. For these purposes, banks shall take into account the
extent of diversification between the various categories of liquid assets
referred to in Sections 26 to 39 of this Decision and within the same category
of liquid assets and any other relevant diversification factors, such as types of
issuers, counterparties or the geographical location of those issuers or
counterparties.
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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:
- banknotes and coins referred to in Section 26, item 1) of this
Decision;
- level 1 liquid assets representing exposures to the central bank as
referred to in Section 26, items 2) and 4) of this Decision;
- level 1 liquid assets representing exposures to or guaranteed by
central governments, territorial autonomies, local government units or public
administrative bodies referred to in Section 26, items 3) and 4) of this
Decision, provided that such liquid assets were issued by the Republic of
Serbia, territorial autonomies, local government units and public
administrative bodies from the Republic of Serbia or that the bank holds such
liquid assets to cover stressed net liquidity outflows incurred in the currency
of the country which issued such liquid assets.
- level 1 liquid assets representing exposures to or guaranteed by
the multilateral development banks or international organisations referred to
in Section 26, item 7) of this Decision.
- Liquid assets shall be readily accessible to a bank where there are no
legal or other impediments to the bank’s ability to monetise such assets at
any time during the 30-day stress period via outright sale in an active market
or repurchase agreement on generally accepted repurchase markets.
Assets used to provide credit enhancement in securitisation
transactions or to cover operational costs of a bank shall not be deemed
liquid assets referred to in paragraph 1 of this Section.
Assets held in a third country where there are restrictions to their free
transferability shall be deemed readily accessible only insofar as the bank
uses those assets to meet liquidity outflows in that third country.
Assets held in a non-convertible currency shall be deemed readily
accessible only insofar as the bank uses those assets to meet liquidity
outflows in that currency.
- A bank shall ensure that its liquid assets are managed by an
organisational unit in charge of bank liquidity management.
Compliance with the requirement referred to in paragraph 1 of this
Section shall be demonstrated in one of the following ways:
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- by placing the liquid assets in a separate pool under the direct
control of the organisational unit in charge of liquidity management and with
the sole intent of using them as a source of contingency funds, including
during stress periods;
- by putting in place internal systems and controls, or policies and
procedures which give the organisational unit in charge of liquidity
management operational control to monetise the holdings of liquid assets at
any point in the 30-day stress period and to freely access the funds obtained
through the monetisation of those assets during the 30-day stress period
without directly conflicting with any existing business or risk management
strategies of the bank;
- through a combination of options 1) and 2) of this paragraph.
- Banks shall regularly, and at least once a year, monetise a sample of
their holdings of liquid assets (by means of outright sale or repurchase
agreement on a generally accepted repurchase market) in order to test the
access to the market for those assets and check that the bank’s internal
process for such monetisation of assets is effective.
Banks shall develop strategies for disposing of samples of liquid
assets which are adequate to:
- test the access to the market and development of the market for
that type of assets,
- check that the bank’s processes for the timely monetisation of liquid
assets are effective,
- minimise the risk of sending a negative signal to the market as a
result of the bank’s monetisation of its liquid assets during stress periods.
The provisions of this Section shall not apply to level 1 liquid assets
referred to in Section 26 of this Decision, other than extremely high quality
covered bonds referred to in item 6) of that Section.
- Banks may hedge the market risk associated with their liquid assets
provided that the following conditions are met:
- the bank has put in place appropriate internal arrangements in
accordance with Sections 20 and 21 of this Decision to ensure that those
assets continue to be readily available and under the control of the
organisational unit in charge of liquidity management;
- the net liquidity outflows and inflows that would result in the event
of an early close-out of the hedge are taken into account in the valuation of
the relevant liquid asset position in accordance with Section 25 of this
Decision.
- Banks shall ensure that the currency composition of their liquid assets
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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:
- whether the bank has the ability to do any of the following:
– use the liquid assets to generate liquidity in the currency and
jurisdiction in which the liquidity outflows arise;
– swap currencies and raise funds in foreign currency markets
during stressed conditions consistent with the 30-day stress period set out in
Section 16 of this Decision;
– transfer a liquidity surplus from one currency to another and
across jurisdictions and legal persons within its group during stressed
conditions consistent with the 30-day stress period set out in Section 16 of
this Decision;
- the impact of sudden, adverse exchange rate movements on
existing mismatched positions and on the effectiveness of any foreign
exchange hedges in place.
- For the purposes of calculating its liquidity coverage ratio, a bank shall
use the market value of its liquid assets determined in accordance with
Section 18, paragraph 1, item 3) of this Decision.
The market value of liquid assets shall be reduced in accordance with
the haircuts set out in Sections 27, 29, 31, 34 and 36, and Section 23, item 2)
of this Decision.
- Requirements for inclusion in liquid assets
a) Level 1 liquid assets
- Level 1 liquid assets shall include the following assets:
- coins and banknotes in the vault;
- the following exposures to central banks:
– exposure to and/or guaranteed by the National Bank of Serbia,
the European Central Bank or central banks of EU member states;
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– 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 and foreign currency required reserves
in excess of the calculated amount of the bank’s dinar and 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
state, or a territorial autonomy or a local government unit of an EU-member
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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
in accordance with the decision governing capital adequacy of banks, the
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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:
- exposures to and/or guaranteed by territorial autonomies, local
government units and public administrative bodies in the Republic of Serbia
assigned a credit risk weight of 20% in accordance with the decision
governing the capital adequacy of banks;
- exposures to and/or guaranteed by central governments, territorial
autonomies, local government units, public administrative bodies in other
countries or central banks of non-EU countries assigned a credit risk weight
of 20% in accordance with the decision governing the capital adequacy of
banks;
- exposures in the form of extremely high quality covered bonds,
which shall meet the following requirements:
– the covered bonds are 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;
– exposures to banks in the cover pool are only exposures to
banks that qualify for the credit quality step 1 in accordance with the decision
governing capital adequacy of banks, or, by way of derogation, credit quality
step 2 in accordance with that decision, where the remaining maturity of such
17
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
capital adequacy of banks, or, by way of derogation, at least credit quality
18
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:
- exposures to and/or guaranteed by non-EU countries, central
banks of those countries, multilateral development banks and international
organisations assigned a credit quality step 1 credit assessment in
accordance with the decision governing the capital adequacy of banks;
- exposures to and/or guaranteed by territorial autonomies, local
government units or public administrative bodies of non-EU countries whose
credit risk weight, in accordance with the decision governing capital adequacy
of banks, is determined in the manner prescribed for exposures to banks or to
central governments and central banks which are assigned a credit quality
step 1 credit assessment;
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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:
- exposures in the form of asset-backed securities meeting the
requirements laid down in Sections 32 to 34 of this Decision;
- 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 3, 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.
- shares, provided that they meet the following requirements:
– they form part of the Belex 15 index in the Republic of Serbia or
part of a major stock index in a country where such shares are registered. In
the absence of any decision from the competent authority or public authority
in relation to a major stock index, a stock index composed of largest and
leading companies in the relevant jurisdiction shall be regarded as the major
stock index;
– they are denominated in dinars or, where denominated in a
foreign currency, they count as level 2B only up to the amount to cover
stressed net liquidity outflows in that currency or in the jurisdiction where the
liquidity risk is taken;
– they have a proven record as a reliable source of liquidity at all
20
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:
- a 50% haircut for corporate debt securities referred to in Section
30, item 2) of this Decision;
- a 50% haircut for shares referred to in Section 30, item 3) of this
Decision;
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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:
- the securitisation position has been 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 securitisation position is in the most senior tranche or tranches
of the securitisation and possesses the highest level of seniority at all times
during the ongoing life of the securitisation transaction. A tranche shall be
deemed to be the most senior where after the delivery of an enforcement
notice or, where applicable, an acceleration notice, the tranche is not
subordinated to other tranches of the same securitisation transaction or
scheme in respect of receiving principal or interest payments, without taking
into account amounts due under interest rate or currency financial derivatives,
fees or other similar payments in accordance with the decision governing the
capital adequacy of banks;
- securitisation exposures have been acquired by the SSPE in a
manner that is enforceable against any third party and are beyond the reach
of the seller (originator, sponsor or original lender) and its creditors including
in the event of the seller’s insolvency;
- the transfer of securitisation exposures to the SSPE is not subject
to any clawback provisions (i.e. annulment or invalidation) with regard to the
sale of assets in the jurisdiction where the seller (originator, sponsor or
original lender) is incorporated. This includes but is not limited to provisions
under which the sale of the securitisation exposures to an SSPE can be
invalidated by the liquidator of the seller solely on the basis that it was
concluded within a certain period before the declaration of the seller’s
insolvency or provisions where the SSPE can prevent such invalidation only if
it can prove that it was not aware of the insolvency of the seller at the time of
sale;
- the securitisation exposures have their administration governed by
a servicing agreement which includes servicing continuity provisions that
ensure, at a minimum, that a default or insolvency of the servicer does not
result in a termination of servicing;
- the documentation governing the securitisation includes continuity
provisions that ensure, at a minimum, the replacement of derivative
counterparties and of liquidity providers upon their default or insolvency,
where applicable;
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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
(or credit-impaired guarantor) is a borrower (or guarantor):
23
– 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;
15) the securitisation exposures shall not have been originated by the
24
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:
- before concluding a credit agreement, the creditor makes a
thorough assessment of the borrower's creditworthiness, taking appropriate
account of factors relevant to evaluating the prospect of the borrower to meet
his obligations under the credit agreement;
- the procedures and information on which the assessment of the
borrower’s creditworthiness is based are established, documented and
regularly revised;
- the assessment of a borrower’s creditworthiness does not rely
predominantly on the appraised value of residential property securing the
credit and exceeding the amount of the credit or the assumption that the
residential property will increase in value unless the purpose of the credit
agreement is to construct or renovate the residential property;
- where a creditor concludes a credit agreement with a borrower, the
creditor shall not subsequently cancel or alter the credit agreement to the
detriment of the borrower on the grounds that the assessment of
creditworthiness was incorrectly conducted, unless it is demonstrated that the
borrower knowingly withheld or falsified the information needed for this
assessment;
- the creditor only makes the credit available to the borrower where
25
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:
- before the conclusion of the credit/lease agreement, the creditor
assesses the borrower’s creditworthiness on the basis of sufficient reliable
information, obtained from the borrower in accordance with the provisions of
the law on the protection of financial service consumers which regulate
mandatory assessment of borrower’s creditworthiness or other regulations in
the relevant law that regulate the assessment of the borrower’s
creditworthiness in another appropriate way;
- if the creditor decides to grant an additional amount of credit to the
borrower after the conclusion of the credit agreement, the creditor shall
update the information necessary for the assessment of the borrower’s
creditworthiness and re-assess the borrower’s creditworthiness before
granting a new amount of credit.
- At the time of determining the liquidity buffer, the bank shall subject
the market value of level 2B securitisation positions to the following minimum
haircuts:
- 25% for securitisation positions backed by the assets referred to in
Section 32, item 7), indents one and three of this Decision;
- 35% for securitisation positions backed by the assets referred to in
Section 32, item 7), indents two and four of this Decision.
d) Exposures in the form of units in open-ended investment funds
- Exposures in the form of units in open-ended investment funds shall
qualify as liquid assets of the same level as the liquid assets underlying the
relevant investment fund, up to the amount of RSD 60,000,000,000, provided
that:
- the investment fund meets the following requirements:
– the fund is managed by a company that is subject to supervision
26
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:
- 0% for coins and banknotes and exposures to central banks
referred to in Section 26, item 2) of this Decision;
- 5% for level 1 liquid assets other than extremely high quality
covered bonds;
- 12% for the extremely high quality covered bonds referred to in
Section 26, item 6) of this Decision;
- 20% for level 2A liquid assets;
- 30% for securitisation positions that qualify as level 2B liquid
assets, backed by the assets referred to in Section 32, item 7), indents one
and three of this Decision;
- 35% for covered bonds that qualify as level 2B liquid assets
referred to in Section 30, item 4) of this Decision;
- 40% for securitisation positions that qualify as level 2B liquid assets
backed by the assets referred to in Section 32, item 7), indents two and four
of this Decision;
- 55% for corporate debt securities that qualify as level 2B liquid
assets referred to in Section 30, item 2) of this Decision and the shares
referred to in Section 30, item 3) of this Decision.
- When determining the liquid assets underlying the investment fund
and the applicable haircuts, the bank shall apply the following approach:
- where the bank is aware of the structure of the exposures
underlying the units in the investment fund, it shall look-through to those
underlying exposures and assign them the appropriate haircut in accordance
27
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:
- the depository institution which is a bank or another financial sector
entity, provided that the fund invests exclusively in securities and deposits all
such securities at this depository;
- for other investment funds which do not meet the requirement set
out in item 1) of this paragraph, the investment fund management company,
provided that the management company is subject to supervision by a
competent regulatory authority in the Republic of Serbia and/or an EU
member state, or to supervision by a competent regulatory authority of a nonEU 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 bank shall prove the circumstances from paragraph 2 of this
Section to the National Bank of Serbia.
The correctness of the determined market value and assessment of
third persons from paragraph 2 of this Section shall be confirmed by an
external bank auditor on at least an annual basis.
- Where a bank ceases to comply with the requirements laid down in
Section 38 of this Decision in relation to exposures underlying units in openended investment funds, it shall exclude such exposures from the liquidity
buffer for the purposes of calculating the liquidity coverage ratio in
accordance with Section 41 of this Decision.
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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:
- a minimum of 60% of the liquidity buffer is to be composed of level
1 liquid assets;
- a minimum of 30% of the liquidity buffer is to be composed of level
1 liquid assets excluding extremely high quality covered bonds referred to in
Section 26, item 6) of this Decision;
- a maximum of 15% of the liquidity buffer may be held in level 2B
liquid assets.
The limits set out in paragraph 1 of this Section shall be calculated
after adjusting for the impact of repo and reverse repo transactions, securities
or commodities lending or borrowing transactions, margin lending
transactions and collateral swap transactions, and after deducting any
applicable haircuts if the following conditions are met:
- the transactions use liquid assets on at least one leg of the
transaction;
- a collateral that is posted or received in these transactions meets
the operational requirements from Sections 19 to 24 of this Decision;
- transactions mature within 30 days of the ratio calculation date.
Banks shall determine the composition of their liquidity buffer in
accordance with Part 4 of this Chapter.
On a case-by-case basis, the National Bank of Serbia may waive the
application of paragraphs 2 and 3 of this Section in full or in part with respect
to transactions or swap agreements from paragraph 2 of that Section
provided that the following conditions are met:
- the counterparty to the transaction is the National Bank of Serbia;
- exceptional circumstances have emerged which pose a systemic
risk affecting the Serbian banking sector.
- Where a liquid asset ceases to comply with any applicable general
requirements laid down in Section 18 of this Decision, the operational
requirements laid down in Sections 19 to 24 of this Decision or liquid assets
eligibility criteria laid down in Sections 26 to 39 of this Decision, the bank shall
exclude such asset from the calculation of the liquidity buffer by the next
reporting date in accordance with the decision governing reporting
requirements for banks, and no later than 30 days from the date when the
breach of requirements occurred.
29
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:
- inflows exempted from the cap of 75% of liquidity outflows in
accordance with Section 83 of this Decision;
- the lower of the following two amounts (neither of which may be
less than zero): inflows subject to the cap of 75% of liquidity outflows in
accordance with Section 82 of this Decision and 75% of liquidity outflows
reduced by the inflows exempt from the cap referred to in item 1) of this
paragraph.
Liquidity inflows and liquidity outflows shall be assessed over a 30-day
stress period, in accordance with Section 16 of this Decision.
The calculation of net liquidity outflows from paragraph 1 of this
Section shall be performed in accordance with the formula set out in Part 5 of
this Chapter.
Banks shall calculate liquidity outflows and inflows expected over a 30
day period for contracts on financial derivatives and for credit derivatives, on
a net basis by each counterparty subject to the existence of bilateral netting
agreements eligible for recognition for the purpose of limiting the counterparty
risk as prescribed by the decision governing the capital adequacy of banks,
where the net basis shall be considered to be net of collateral to be posted or
received under these transactions within the following 30 days.
If the collateral is to be received within the following 30 days, the net
basis shall be considered to be net of that collateral only if these are assets
that qualify to be included in the bank’s liquidity buffer and if there are no
legal or operational obstacles for the bank to reuse the collateral, when
received.
Cash outflows and inflows arising from foreign currency derivative
transactions that involve a full exchange of principal amounts on a
simultaneous basis (or within the same day) may be netted, even where
those transactions are not covered by a bilateral netting agreement with the
30
counterparty.
- Liquidity outflows
- Liquidity outflows shall be calculated by multiplying the outstanding
balances of various categories of the bank’s balance sheet liabilities and offbalance sheet commitments by the rates at which they are expected to run off
or be drawn down.
Liquidity outflows referred to in paragraph 1 of this Section shall
include the following liabilities, in each case multiplied by the applicable
outflow rate:
- the current outstanding amount for stable retail deposits referred to
in Section 49 of this Decision as at calculation date and other retail deposits
in accordance with Sections 45 to 50 of this Decision;
- the current outstanding amounts of other liabilities that become
due, can be called for pay-out by the creditor or by the issuer or entail an
expectation by the creditor that the bank would repay the liability during the
next 30 days determined in accordance with Sections 51 to 58 and Section
78 of this Decision;
- the additional outflows pertaining to collateral, determined in
accordance with Sections 59 to 69 of this Decision;
- the maximum amount that can be drawn down by the bank’s
customers during the next 30 days from undrawn irrevocable and
conditionally revocable credit and liquidity facilities extended by the bank in
accordance with Sections 70 to 76 of this Decision;
- the additional liquidity outflows for other products and services
assessed in accordance with Section 77 of this Decision.
- The National Bank of Serbia may allow the bank to calculate the
liquidity outflow net of the interdependent liquidity inflow which meets the
following conditions:
- the inflow is directly linked to the outflow and is not considered in
the calculation of liquidity inflows in accordance with Subpart 2 of this Part;
- the interdependent inflow is required pursuant to a legal, regulatory
or contractual commitment;
- the inflow arises compulsorily before the outflow to which it is linked
or it is received within 10 days from the occurrence of the outflow and is
guaranteed by the Republic of Serbia or an EU member state.
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.
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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:
- within 30 days, the depositor is not allowed to withdraw the deposit;
- for early withdrawals within 30 days, the depositor has to pay a
penalty equal to the loss of interest between the date of withdrawal and the
contractual maturity date plus a material penalty that does not have to exceed
the interest to which the customer is entitled for the time that elapsed
between the date of deposit and the date of withdrawal.
If only a portion of the retail deposit can be withdrawn without
incurring the penalty referred to in paragraph 1, item 2) of this Section, only
that portion of the deposit shall be included in liquidity outflows.
- Where the retail deposits fulfil the criterion referred to in Section 48,
item 1) of this Decision or two of the criteria in items 2) to 5) of that Section,
the bank shall apply an outflow rate of between 10% and 15%.
Where the retail deposits fulfil the criterion referred to in Section 48,
item 1) of this Decision and at least another criterion referred to in that
Section, or three or more criteria referred to in that Section, an outflow rate of
between 15% and 20% shall be applied.
On a case-by-case basis, the National Bank of Serbia may request
the application of a higher outflow rate than the one determined in
accordance with paragraphs 1 and 2 of this Section where this is justified by
the specific circumstances of the bank.
Where a bank has not carried out or completed the assessment of
fulfilment of the criteria referred to in Section 48 of this Decision, the bank
shall apply the outflow rates referred to in paragraph 2 of this Section to retail
deposits for which such assessment has not been carried out or completed.
- Outflow rates in accordance with Section 47 of this Decision shall be
applied to retail deposits which meet the following conditions:
- the total deposit balance, including all the client’s deposit accounts
at that bank or group exceeds RSD 60,000,000;
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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:
- has a contractual relationship with the bank of at least 1-year
duration;
- has a borrowing relationship with the bank for residential loans or
other long-term loans;
- has at least one other active product with the bank, other than a
loan.
A retail deposit shall be considered as being held in a current account
where salaries, other regular income or transactions are regularly credited
and debited respectively against that account.
- The amount of other retail deposits not included in Sections 45 to 49
of this Decision shall be subject to the outflow rate of 10%.
Operational deposits
- Banks shall apply the outflow rate of 25% to the following types of
deposits needed for the purpose of the client’s operational activities:
33
- deposits held in order to obtain clearing, custody, cash
management or other comparable services that enable access to payment
and settlement systems, if such services are needed for the performance of
the client’s operations;
- deposits of customers which are not financial sector entities held for
other purposes in the context of an established business relationship with the
bank, if such deposits meet the criteria referred to in Section 53 of this
Decision.
By way of derogation from paragraph 1 of this Section, banks shall
apply the 5% outflow rate to the portion of the deposit referred to in item 1) of
this Section which is insured with the Deposit Insurance Agency.
The deposits referred to in paragraph 1 of this Section shall only
include deposits with legal or operational limitations that make their
withdrawals within 30 days unlikely.
Only that part of the balance in the deposit accounts with the bank
which is needed for the performance of the client’s operational activities shall
be considered operational, while funds in excess of those shall be treated as
non-operational, and the portion that the client may withdraw while still having
sufficient money in the account to make ready use of clearing, custody, cash
management or similar services shall not be considered an operational
deposit.
For the purposes of this Section, clearing services shall mean services
that enable clients to transfer funds or securities via direct participants in the
domestic payment system or the securities settlement system to final
recipients, where these services are limited to transferring, reconciling and
confirming payment orders, daylight overdrafts, overnight funding and
maintaining assets after the settlement transaction, and establishing of
intraday positions and final positions for settlement. Clearing services and
related services are provided on the basis of a contract with institutional
investors.
For the purposes of this Section, custody services shall mean the
holding and safekeeping of the client’s assets, client notification, asset
management or the provision of operational and administrative services at the
client’s request in relation to transactions with financial assets. Custody
services are provided on the basis of a contract with institutional investors
and are limited to: securities settlement transactions, transfer of contractually
agreed payments, processing of collaterals, and surplus cash management
services, and may also include the collection of dividends and other income,
and payment and collection of a client’s claims.
34
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:
- the deposit was placed by a non-financial customer;
- the deposit is not a term deposit, savings deposit or brokered
deposit;
- the remuneration of the account is priced at least five basis points
below the prevailing rate for wholesale deposits with comparable
characteristics, but need not be negative;
- the deposit is held in specifically designated accounts under such
terms that do not create economic incentives for the depositor to maintain
funds in the deposit in excess of what is needed for the business relationship;
- material transactions are credited and debited on a frequent basis
on the account considered;
- one of the following criteria is met:
– the contractual relationship with the depositor has existed for at
least two years;
– the deposit is used for a minimum of two active services (access
to national or international payment services, security trading or depository
services, etc.).
Only that part of the deposit which is necessary to make use of the
service of which the deposit is a by-product shall be treated as the deposit
referred to in paragraph 1 of this Section. The excess shall be treated as nonoperational.
Outflows from other liabilities
- Banks shall apply the outflow rate of 40% to the amount of deposits by
clients that are non-financial customers or natural persons, where these
35
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:
- 0% where they are collateralised by assets that, but for being used
as collateral for those transactions, would meet the general requirements
from Section 18 and qualify as level 1 liquid assets in accordance with
Section 26 of this Decision, with the exception of extremely high quality
covered bonds referred to in item 6) of that Section, or if the counterparty is a
central bank;
- 7% where they are collateralised by extremely high quality covered
bonds that, but for being used as collateral for those transactions, would meet
the general requirements from Section 18 and qualify as level 1 liquid assets
in accordance with Section 26, item 6) of this Decision;
- 15% where they are collateralised by assets that, but for being
used as collateral for those transactions, 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, but for being
used as collateral in those transactions, would meet the general requirements
from Section 18 and requirements from Section 32, item 7), indents one and
three of this Decision;
- 35% where they are collateralised by types of assets that, but for
being used as collateral in those transactions, would meet the general
requirements from Section 18 and requirements from Section 32, item 7),
indents two and four of this Decision;
- 50% where they are collateralised by types of assets 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, items 2) and 3) of this Decision;
36
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:
- a central government;
- a multilateral development bank;
- a territorial autonomy, a local government unit or a public
administrative body which qualifies for a risk weight of 20% or lower, in
accordance with the decision governing the capital adequacy of banks.
- Collateral swaps and other similar transactions that mature within the
following 30 days shall lead to an outflow where the borrowed asset from
Sections 26 to 39 is subject to a lower haircut than the asset lent. The outflow
shall be calculated by multiplying the market value of the asset borrowed by
the difference between the outflow rate applicable to the asset lent and the
outflow rate applicable to the asset borrowed, determined in accordance with
Section 56 of this Decision.
For the purposes of calculation from paragraph 1 of this Section, a
100% haircut shall be applied to assets that do not qualify to be included in
the bank’s liquidity buffer.
By way of derogation from paragraph 1 of this Section, where the
counterparty is a central bank, the outflow rate to be applied to the market
value of the asset borrowed shall be 0%.
By way of derogation from paragraph 1 of this Section, for collateral
swaps or other similar transactions that would require an outflow rate higher
than 25% in accordance with Section 56 of this Decision, the outflow rate to
be applied to the market value of the asset borrowed shall be 25% where the
37
counterparty is:
- a central government;
- a multilateral development bank;
- a territorial autonomy, a local government unit or a public
administrative body which qualifies for a risk weight of 20% or lower, in
accordance with the decision governing the capital adequacy of banks.
- Banks shall apply a 100% outflow rate to all notes, bonds and other
debt securities issued by the bank, unless the bond is sold exclusively in the
retail market for purposes not intended for their business or other commercial
activities and held in a retail account, in which case those instruments can be
treated as the appropriate retail deposit category, on the sole condition that
those instruments cannot be bought and held by parties other than retail
customers.
Assets borrowed from the counterparty on an unsecured basis and
maturing within the following 30 days shall be assumed to run off in full,
leading to a 100% outflow of liquid assets, unless the bank owns the assets
borrowed and the assets borrowed do not form part of the bank’s liquidity
buffer.
Additional liquidity outflows
- Collateral posted by the bank for contracts on financial and credit
derivatives, other than the assets referred to in Section 26, items 1) to 5) and
item 7) of this Decision, shall be subject to an outflow rate of 20%.
Collateral in the form of extremely high quality covered bonds referred
to in Section 26, item 6) of this Decision, posted by the bank for contracts on
financial and credit derivatives, shall be subject to an outflow rate of 10%.
- Where a bank has entered into contracts the contractual conditions of
which may lead within 30 days and in the event of a deterioration of the credit
quality of the bank or a downgrade in its credit assessment by three notches
to additional liquidity outflows or collateral needs, the bank shall apply a
100% outflow rate to such outflows or additional collateral.
- The bank shall determine and add to total liquidity outflows an
additional outflow corresponding to additional collateral needs that would
result from the impact of an adverse market scenario on derivatives
transactions, if material.
The transactions referred to in paragraph 1 of this Section shall be
deemed material if their notional amounts exceeded 10% of liquidity outflows
38
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:
- the excess collateral the bank holds that can be contractually called
at any time by the counterparty within 30 days;
39
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
of the liquidity facility.
40
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:
- it may be reused or hypothecated by the bank;
- it qualifies as liquid assets, but is not recognised as part of the
liquidity buffer for the purpose of calculating the liquidity coverage ratio;
- it does not consist of assets issued by the counterparty of the credit
or liquidity facility or affiliated entities.
If the necessary information is available to the bank, the maximum
undrawn amount that can be drawn down for irrevocable or conditionally
revocable credit or liquidity facilities shall be determined taking into account
the borrower’s own obligations, or given the pre-defined drawdown schedule
coming due over 30 days.
- The amount of irrevocable or conditionally revocable credit or liquidity
facilities referred to in Section 70, paragraph 5 of this Decision shall be
multiplied by the outflow rate of 5% if these are facilities approved to a natural
person or an SME.
- The amount of irrevocable or conditionally revocable credit facilities
referred to in Section 70, paragraph 5 of this Decision shall be multiplied by
the outflow rate of 10% where they meet the following conditions:
- the counterparty is not a natural person or an SME;
- they have been provided to clients that are not financial sector
entities, including credit facilities approved to a company, central government,
territorial autonomy, local government unit, central bank, multilateral
development bank or public administrative body;
41
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:
- 40% for credit and liquidity facilities extended to banks and for
credit facilities extended to other financial sector entities regulated by
appropriate regulations governing the operation and supervision of those
entities;
- 100% for liquidity facilities that the bank has granted to SSPEs
other than those referred to in Section 74 of this Decision and for transactions
under which the bank is required to buy or swap assets from an SSPE;
- 100% for credit and liquidity facilities to customers which are
financial sector entities, other than the ones referred to in items 1) and 2) of
this paragraph and Sections 70 to 74 of this Decision.
- By way of derogation from Sections 71 to 75 of this Decision, the
National Bank of Serbia may authorise the bank to apply a lower outflow rate
for undrawn credit or liquidity facilities when all of the following conditions
have been met:
- there are reasons to expect a lower outflow from these facilities
even under a combined market and idiosyncratic stress of the provider of the
credit or liquidity facility;
- the counterparty is a parent or a subsidiary of the bank, or another
subsidiary of the parent of the bank, or a company the bank is linked with by
common management within the meaning of the decision governing the
capital adequacy of banks.
42
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:
- 10% for the amount of guarantees and other types of warranty;
- 10% for the undrawn amount of committed credit facilities which
may be cancelled unconditionally at any time without notice;
- 5% for the undrawn amount of credit card limits, where they may be
considered unconditionally cancellable;
- 7% for the undrawn amount of current account overdrafts, where
they may be considered unconditionally cancellable;
- 100% for the amount of loans secured by mortgage on immovable
43
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
be received in countries where there are transfer restrictions or which are
44
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:
- receivables from central banks and financial sector entities with the
residual maturity of no more than 30 days;
- receivables from self-liquidating short-term trade financing
transactions pertaining to the trade in goods and services, with the residual
maturity of no more than 30 days;
- receivables from securities maturing within 30 days;
- receivables from positions in indexes of equity instruments which
are due within 30 days (e.g. dividends and receivables due from those equity
instruments sold but not yet settled), provided there is no double counting as
both liquidity inflows and the liquidity buffer.
- By way of derogation from Section 80 of this Decision:
- bank’s receivables from customers that are not financial sector
entities from Section 78, paragraph 3 of this Decision, with a residual maturity
of no more than 30 days, except receivables from trade financing
transactions, securities maturing within 30 days and receivables from item 2)
of this Section shall be reduced by 50% of those receivables. The
intermediary bank from Section 76, paragraph 4 with a liability to a bank
established by the Republic of Serbia or a similar liability to a multilateral
development bank or a public administrative body shall take into account the
amount of the inflow up to the amount of the outflow arising from a
corresponding commitment of the bank under a promotional loan;
- receivables from repo agreements, securities or commodities
lending or borrowing transactions, margin lending transactions and capital
market-driven transactions with the remaining maturity of below 30 days, shall
be included in inflows as follows:
– 0% 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 1 liquid assets in accordance with
Section 26 of this Decision, with the exception of extremely high quality
covered bonds referred to in item 6) of that Section;
– 7% 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 1 liquid assets in accordance with
Section 26, item 6) of this Decision;
– 15% where they are collateralised by assets that, whether or not
45
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
and the inflow rate applied to the asset lent, determined in accordance with
46
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
exempt from the cap referred to in Section 82 of this Decision the following
47
inflows:
- inflows where the provider of sources of funding is a parent or a
subsidiary of the bank, or another subsidiary of the parent of the bank, or a
company the bank is linked to by common management within the meaning
of the decision governing the capital adequacy of banks.
- inflows from bank deposits placed with another bank in the same
banking group, if the following conditions are fulfilled:
– the bank and the counterparty are included in the same
consolidation on a full basis;
– the bank and the counterparty are subject to the same risk
evaluation, measurement and control procedures;
– the bank and the counterparty are established in the Republic of
Serbia; and
– there are no impediments to the withdrawal of deposited bank
funds;
- interdependent liquidity inflows from Section 44 of this Decision,
including inflows from loans associated with mortgage lending.
When applying for the approval referred to in paragraph 1 of this
Section, the bank shall submit documentation on the type of inflows for which
exemption from the cap referred to in Section 82 of this Decision is requested
to the counterparty or the provider of funding, as well as documentation
proving the fulfilment of the conditions referred to in paragraph 1, item 2) of
this Section.
If it obtains the approval of the National Bank of Serbia referred to in
paragraph 1 of this Section, the bank who is the ultimate parent company of a
banking group may, at the consolidated level, exempt inflows referred to in
that paragraph from the cap referred to in Section 82 of this Decision.
- The bank shall calculate the amount of the net liquidity outflows under
the application of the cap referred to in Section 82 of this Decision in
accordance with the formula laid down in Part 5 of this Chapter.
- By way of derogation from Section 81, item 7) of this Decision, the
National Bank of Serbia may authorise the bank to apply a higher inflow rate
for undrawn credit or liquidity facilities extended to the bank when all of the
following conditions are fulfilled:
- there are reasons to expect a higher inflow from such facilities even
under a combined market and idiosyncratic stress of the provider of the credit
or liquidity facility;
- the counterparty is a parent or a subsidiary of the bank, or another
subsidiary of the parent of the bank, and/or a company the bank is linked with
48
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:
- the level 1 asset amount;
- the level 2A asset amount;
- the level 2B asset amount;
- the sum of amounts from items 1) to 3) of this Section;
- the amount of excess liquid assets calculated in accordance with
Sections 87 and 88 of this Decision.
- The excess liquid assets amount shall be comprised of the following
components:
- the adjusted level 1 liquid assets amount, without extremely high
quality covered bonds, which shall be equal to the total value of all level 1
liquid assets, excluding extremely high quality covered bonds, after the
application of haircuts, 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 a least one leg of the transaction;
- the adjusted amount of level 1 liquid assets in the form of extremely
high quality covered bonds, which shall be equal to the value post-haircuts of
all level 1 liquid assets in the form of extremely high quality covered bonds
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
49
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:
- the adjusted amount of level 1 liquid assets, excluding extremely
high quality covered bonds;
- the adjusted amount of level 1 liquid assets in the form of extremely
high quality covered bonds;
- the adjusted level 2A liquid assets amount;
- the adjusted level 2B liquid assets amount;
- the sum of the amounts from items 1) to 4) of this paragraph;
- 100/30 times the amount from item 1) of this paragraph;
- 100/60 times the sum of the amounts from items 1) and 2) of this
paragraph;
- 100/85 times the sum of the amounts from items 1), 2) and 3) of
this paragraph.
Part 5
Formula for the calculation of the net liquidity outflow
- Net liquidity outflow shall equal total liquidity outflows minus the
amount of liquidity inflows exempted from the cap referred to in Section 82 of
this Decision, in accordance with Section 83 of the Decision, and liquidity
inflows subject to the cap referred to in Section 82 of the Decision.
The net liquidity outflows referred to in paragraph 1 of this Section
50
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:
- assets of a subsidiary having its head office in a third country shall
be treated as liquid assets for the purpose of consolidation if such assets are
deemed liquid under the regulations of the third country governing the liquidity
coverage ratio and if such assets:
– qualify to be included in the liquidity buffer in accordance with
Part 2 of this Chapter, or
– meet the requirements from indent one of this item, except the
requirements determining the minimum issue value, in which case the assets
are recognised only to the amount of stressed net liquidity outflows in the
currency in which they are denominated and which originate from the same
subsidiary;
- liquidity outflows of a subsidiary having its head office in a third
country subject to outflow rates laid down in the regulations from item 1) of
this paragraph which are higher than the outflow rates in accordance with
Subpart 1, Part 3 of this Chapter, are subject to such higher rates;
- liquidity inflows of a subsidiary having its head office in a third
country subject to inflow rates laid down in the regulations from item 1) of this
paragraph, which are lower than the inflow rates in accordance with Subpart
2, Part 3 of this Chapter, are subject to such lower rates.
C h a p t e r V
NET STABLE FUNDING RATIO
Part 1
Main rules for calculating the net stable funding ratio
- Banks shall calculate the net stable funding ratio (NSFR) as a ratio of
a bank’s available stable funding (ASF) to its required stable funding (RSF).
Banks shall maintain an NSFR of at least 100%, aggregately in all
currencies, for all items referred to in paragraph 1 of this Section.
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:
- aggregately for all balance sheet positions and off-balance sheet
items included in the calculation of the ratio, regardless of whether they are in
dinars or in other currencies;
- individually for each currency that is significant within the meaning
of Section 15, paragraph 3 of this Decision.
When calculating the ratio from paragraph 1 of this Section, the bank
shall recalculate the amounts of all other currencies and significant currencies
into dinars at the official middle exchange rate of the National Bank of Serbia
as at the calculation date.
For the purpose of calculating the NSFR, the positions in dinars
indexed to a foreign currency clause shall be treated as positions in dinars
without a foreign currency clause.
Banks shall ensure that the currency composition of the sources of
funding is largely matched with the currency composition of its assets.
Banks shall report to the National Bank of Serbia about the NSFR
aggregately, as well as individually in each significant currency, in
accordance with the decision on reporting requirements for banks.
For the purposes of reporting from paragraph 5 of this Section, the
amount of the shortfall of the ASF in dinars which is needed to cover the RSF
in that currency shall be covered by the ASF in euros (by the amount of these
items exceeding the amount of the RSF in that currency) as follows:
- a maximum of 40% of the RSF in dinars may be covered by the
ASF in euros – in the period from 30 June 2024 to 31 December 2025;
- a maximum of 35% of the RSF in dinars may be covered by the ASF in
euros – in the period from 1 January 2026 to 31 December 2027;
- a maximum of 30% of the RSF in dinars may be covered by the
ASF in euros – in the period from 1 January to 31 December 2028;
- a maximum of 25% of the RSF in dinars may be covered by the
ASF in euros – in the period from 1 January to 31 December 2029;
- a maximum of 20% of the RSF in dinars may be covered by the ASF
in euros – starting from 1 January 2030.
If a bank’s NSFR in dinars is lower than 100% after the highest
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:
- whether the bank has the ability to transfer the ASF from one
currency to another and across jurisdictions and legal entities within its group,
and the ability to swap currencies and raise funds in foreign currency markets
over the one-year horizon of the calculation of NSFR;
- the impact of adverse exchange rate movements on existing
mismatched positions and on the effectiveness of any foreign currency
exchange hedges that are in place.
- When calculating the NSFR, a bank is obliged to apply the appropriate
haircuts laid down in Part 2 or Part 3 of this Chapter to the net accounting
value of assets, liabilities and off-balance sheet items on a gross basis,
unless otherwise set out in this Decision.
The positions of assets, liabilities, capital or off-balance sheet items,
or a certain part of the position, may not be disclosed several times within the
ASF or RSF for the purposes of calculating the ratio from paragraph 1 of this
Section.
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:
- the residual maturity of the derivative contract is less than six
months;
- the counterparty is the National Bank of Serbia;
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:
- the transactions have the same explicit final settlement date;
- the right to set off the amount owed to the counterparty with the
amount owed by the counterparty is legally enforceable in the normal course
of business and in the event of default, liquidation and bankruptcy;
- the counterparties intend to settle on a net basis or to settle
simultaneously, or the transactions are subject to a settlement mechanism
that results in the functional equivalent of net settlement.
- Subject to prior approval of the National Bank of Serbia, a bank may
treat an asset and a liability as interdependent, provided that all the following
conditions are met:
- the bank acts solely as a pass-through unit to channel the funding
from the liability into the corresponding interdependent asset;
- the individual interdependent assets and liabilities are clearly
identifiable and have the same principal amount;
- the asset and interdependent liability have substantially matched
maturities, with a maximum delay of 20 days between the maturity of the
asset and the maturity of the liability;
- the liability is defined pursuant to a legal, regulatory or contractual
commitment and is not used to fund other assets;
- the principal payment flows from the asset are not used for other
purposes than repaying the interdependent liability;
- the counterparties for each pair of interdependent assets and
liabilities are not the same.
Assets and liabilities shall be considered to meet the conditions set
out in paragraph 1 of this Section and be considered as interdependent
where they are directly linked to the following products or services:
56
- centralised regulated savings, provided that banks are required to
transfer regulated deposits to a centralised fund which is set up and
supervised by the central government of an EU member state and which
provides loans to promote public interest objectives, and provided that the
transfer of deposits to the centralised fund occurs on at least a monthly basis;
- promotional loans and credit and liquidity facilities referred to in
Section 76, paragraphs 4 and 5 of this Decision, for banks acting as simple
intermediaries that do not incur any funding risk;
- covered bonds issued by a bank founded in the Republic of Serbia
or an EU member state and backed by a pool of assets which, in the event of
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, whereas the
covered bonds and their issuer are subject to supervision by a competent
public authority designed to protect bondholders;
- covered bonds that are eligible for preferential treatment in
accordance with the decision governing capital adequacy;
- derivative client clearing activities, provided that the bank does not
provide guarantees of the performance of the CCP and, as a result, does not
incur any funding risk.
For the purpose of applying this Section, covered bonds referred to in
paragraph 2, items 3) and 4) of that Section should meet one of the following
conditions:
- the underlying loans are fully match funded with the covered
bonds that were issued;
- the covered bonds have non-discretionary extendable maturity
triggers of one year or more until the term of the underlying loans in the event
of refinancing failure at the maturity date of the covered bond.
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.
- The National Bank of Serbia may approve to the bank to apply to
assets, liabilities, irrevocable or conditionally revocable credit and liquidity
facilities a higher haircut for ASF or a lower haircut for RSF, relative to the
haircuts laid down in Part 2 or Part 3 of this Chapter, if the following
conditions are met:
- the counterparty is a parent or a subsidiary of the bank, or another
subsidiary of the bank’s parent, or a company linked with the bank by
common management within the meaning of the decision governing the
capital adequacy of banks;
- there are justified reasons to expect that the bank's liability or
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)
- Calculation of the amount of ASF
- Unless otherwise specified in this Decision, the amount of ASF shall
be calculated by multiplying the accounting value of various categories or
types of liabilities and capital of the bank by the appropriate haircuts to be
applied under Subpart 2 of this Part.
The total amount of ASF items shall be the sum of items from
paragraph 1 of this Section.
Bonds and other debt securities issued by the bank sold exclusively in
the retail market for purposes not intended for natural persons’ business or
other commercial activities and are held in a retail account may be treated as
belonging to the appropriate retail deposit category for the purposes of
calculating items under this Section, on the sole condition that those
instruments cannot be bought or held by parties other than retail customers.
- In calculating the amount of ASF items, a bank shall take into account
the residual contractual maturity (hereinafter: residual maturity) of liabilities
and capital in order to determine the haircut in accordance with Subpart 2 of
this Part, unless otherwise specified in this Decision.
Banks shall take into account the concluded still valid options when
determining the residual maturity of a liability or capital assuming that the
counterparty will redeem call options at the earliest possible date. For options
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:
- 0%, where the residual maturity is less than six months;
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:
- trade date payables arising from purchases of financial instruments,
of foreign currencies and of commodities, that are expected to settle within
the period that is customary for the relevant exchange or type of transactions,
or that have failed to settle but are nonetheless expected to settle;
- liabilities that are categorised as being interdependent with
appropriate assets, within the meaning of Section 95 of this Decision;
- liabilities with a residual maturity of less than six months provided
by the National Bank of Serbia, the European Central Bank, central banks of
member states or financial customers;
- any other liabilities and capital items not referred to in Sections 102
to 105 of this Decision.
- Banks shall apply a 0% haircut to the absolute value of the
difference, if negative, between the sum of fair values across all netting sets
with positive fair value and the sum of fair values across all netting sets with
negative fair value calculated in accordance with Section 94 of this Decision.
For the purpose of calculation referred to in paragraph 1 of this
Section, the bank shall apply the following:
- variation margin received by banks from their counterparties shall
be deducted from the fair value of a netting set with positive fair value where
the collateral received as variation margin qualifies as a level 1 liquid asset,
excluding extremely high quality covered bonds, in accordance with this
Decision, and where banks may freely dispose of that collateral;
- all variation margin posted by banks with their counterparties shall
be deducted from the absolute amount of fair value of a netting set with
negative fair value.
50% haircut
- The 50% haircut shall be applied to:
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- deposits that are considered operational deposits in accordance
with Sections 51 and 53 of this Decision;
- liabilities with a residual maturity of less than one year provided by
the central government, territorial autonomy, local government unit, public
administrative body, multilateral development bank or an international
organisation which qualify for a 0% risk weight in accordance with the
decision governing the capital adequacy of banks, a non-financial corporate
customer, a credit union operating in accordance with the EU regulations and
authorised by a competent authority, personal investment companies and
clients that are deposit brokers to the extent that the amount does not fall
under provision 1) of this Section;
- liabilities with a residual maturity of a minimum of six months but
less than one year that are provided by the National Bank of Serbia, the ECB
or the central bank of a Member State or financial customers;
- any other liabilities and capital items with a residual maturity of a
minimum of six months but less than one year not referred to in Sections 103
to 105 of this Decision.
90% haircut
- Sight retail deposits, retail deposits with a fixed notice period of less
than one year and term retail deposits having a residual maturity of less than
one year that are considered stable deposits referred to in Section 104 of this
Decision shall be subject to a 90% haircut.
95% haircut
- Sight retail deposits, retail deposits with a fixed notice period of less
than one year and term retail deposits having a residual maturity of less than
one year that are considered stable deposits in accordance with Section 49 of
this Decision shall be subject to a 95% haircut.
100% haircut
- The 100% haircut shall be applied to:
- the Common Equity Tier 1 items of the bank before the regulatory
adjustments and before deductions from Common Equity Tier 1, except
deductions for losses of the current year and earlier years, and for unrealised
losses, in accordance with the decision governing the capital adequacy of
banks;
- the Additional Tier 1 items of the bank before deductions from
Additional Tier 1 in accordance with the decision governing the capital
adequacy of banks, excluding any capital instruments with explicit or
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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)
- Calculation of the amount of RSF
- Unless otherwise specified in this Decision, the amount of RSF shall
be calculated by multiplying the accounting value of various categories or
types of assets and off-balance sheet items by the appropriate haircuts to be
applied in accordance with Subpart 2 of this Part.
The total amount of RSF items shall be the sum of amounts of items
from paragraph 1 of this Section.
Assets which banks have borrowed from a counterparty, including the
transfer of assets within repo transactions, securities or commodities
borrowing transactions or margin lending transactions, where those assets
are accounted for on the balance sheet of the bank and the bank does not
have beneficial ownership of the asset, shall be excluded from the calculation
of RSF.
Assets referred to in paragraph 3 of this Section shall be subject to a
haircut in accordance with Subpart 2 of this Part, if the bank has beneficial
ownership of the asset, regardless of whether it is accounted for on the
bank’s balance sheet.
Assets that banks have lent to a counterparty, including the transfer of
assets within repo transactions, securities or commodities lending
transactions or margin lending transactions over which the bank retains
beneficial ownership, shall be considered as encumbered assets for the
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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:
- assets included in a pool which are available for immediate use as
collateral to obtain additional funding under irrevocable or conditionally
revocable credit facility, not yet funded and available to the bank, or
irrevocable or conditionally revocable credit facility, or where the asset pool is
operated by a central bank, under conditionally revocable credit facility, not
yet funded and available to the bank;
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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:
- assets encumbered for the purposes of carrying out these
operations that would be assigned the haircut from Section 125, paragraph 1,
item 6) of this Decision or haircut from Section 129, paragraph 1, item 1) of
that Decision;
- cash receivables that result from these operations that would be
assigned the haircut referred to in Section 125, paragraph 1, item 4) in the
case of receivables from central banks, the haircut from Section 127, item 2)
of this Decision or the haircut from Section 128, paragraph 1, item 3) of that
Decision.
For encumbered assets referred to in paragraph 1, item 1) of this
Section, the haircut determined by the National Bank of Serbia shall not be
lower than the haircut that would apply to those assets under Subpart 2 of
this Part if they were held unencumbered.
- Banks shall exclude assets that are associated with collateral that is
recognised as variation margin posted to a counterparty in accordance with
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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
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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:
- unencumbered assets that are eligible as level 1 liquid assets
pursuant to Section 26 of this Decision, excluding extremely high quality
covered bonds specified in item 6) of that Section, if those assets meet the
conditions 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;
- unencumbered exposures based on investment in open-ended
investment funds subject to the reduction by the haircut from Section 36, item
- of this Decision (before the reduction) and which 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
the requirements on the composition of the liquidity buffer in accordance with
Section 40 of that Decision;
- the amount of allocated dinar and foreign currency required
reserves with the National Bank of Serbia;
- other claims on the National Bank of Serbia, the ECB and central
banks of member states that have a residual maturity of less than six months;
- trade date receivables arising from sales of financial instruments,
foreign currencies or commodities that are expected to settle within the period
that is customary for the relevant exchange or type of transaction, or
receivables that have failed to settle but are nonetheless expected to settle;
- assets that are categorised as being interdependent with
appropriate liabilities in accordance with Section 95 of this Decision;
- cash receivables from repo transactions, securities or commodities
lending transactions or margin lending transactions with financial customers,
where those transactions have a residual maturity of less than six months,
where those cash receivables due are collateralised by assets that qualify as
level 1 liquid assets pursuant to Section 26 of this Decision, excluding
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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, item 3) 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 oneyear 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:
- unencumbered exposures based on investment in open-ended
investment funds subject to the reduction by the haircut from Section 36, item
- of this Decision (before the reduction) and which 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
the requirements on the composition of the liquidity buffer in accordance with
Section 40 of that Decision;
- cash receivables from repo transactions, securities or commodities
lending transactions or margin lending transactions with financial customers,
where those transactions have a residual maturity of less than six months,
other than those referred to in Section 113, paragraph 1, item 7) of this
Decision;
- the undrawn portion of irrevocable and conditionally revocable
credit and liquidity facilities referred to in Section 70, paragraphs 1 to 3 of this
Decision;
- trade finance off-balance sheet related products with a residual
maturity of less than six months.
Banks shall calculate cash receivables from paragraph 1, item 2) of
this Section on a net basis, if the conditions from Section 94, paragraph 8 of
this Decision are met.
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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:
- cash receivables based on transactions with financial customers
that have a residual maturity of less than six months other than those referred
to in Section 113, paragraph 1, item 7) and Section 114, paragraph 1, item 2)
of this Decision;
- trade finance on-balance sheet related products with a residual
maturity of less than six months;
- trade finance off-balance sheet related products with a residual
maturity of one year or more.
12% haircut
- The 12% haircut shall be applied to unencumbered exposures based
on investment in open-ended investment funds that are subject to reduction
by the haircut from Section 36, item 3) of this Decision (before reduction) and
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.
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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:
- exposures based on high quality covered bonds that are eligible as
level 2B liquid assets in accordance with Section 30, item 4) of this Decision,
and 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 the requirements on the composition of the
liquidity buffer in accordance with Section 40 of that Decision;
- unencumbered exposures based on investment in open-ended
investment funds subject to reduction by the haircut from Section 36, item 5)
of this Decision (before the reduction) which meet the requirements from
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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:
- unencumbered assets in the form of asset-backed securitisations
referred to in Section 32, item 7), indents two and four of this Decision that
are eligible as level 2B liquid assets and are subject to reduction by the
haircut from Section 34, item 2) of this 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 the requirements on the
composition of the liquidity buffer in accordance with Section 40 of that
Decision;
- unencumbered exposures based on investment in open-ended
investment funds subject to reduction by the haircut from Section 36, item 6)
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.
40% haircut
- The 40% 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 7) 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.
50% haircut
- The 50% haircut shall be applied to:
- unencumbered assets that are eligible as level 2B liquid assets
pursuant to Section 30 of this Decision, other than exposures based on assetbacked securities referred to in item 1) of this Section and extremely high
quality covered bonds specified in item 4) of that Section, if those assets
meet the requirements from Section 18 of this Decision, regardless of
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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:
- unencumbered loans secured by mortgages on residential property
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with a residual maturity of one year or more, provided that those loans are
assigned a risk weight of 35% or less in accordance with the decision
governing capital adequacy;
2) unencumbered loans with a residual maturity of one year or more,
provided that those loans are assigned a risk weight of 35 % or less in
accordance with the decision governing capital adequacy, excluding loans to
financial customers and loans referred to in Sections 113 to 125 of this
Decision.
85% haircut
128. The 85% haircut shall be applied to:
- any assets or off-balance-sheet items, including cash, which banks
posted as initial margin for derivative contracts, unless those assets would be
assigned a higher haircut in accordance with Section 129 of this Decision if
held unencumbered;
- any assets or off-balance sheet items, including cash, which banks
posted as contribution to the default fund of a CCP, unless those would be
assigned a higher haircut in accordance with Section 129 of this Decision if
held unencumbered;
- unencumbered loans with a residual maturity of one year or more,
which are assigned a risk weight of more than 35% in accordance with the
decision governing capital adequacy and which are not past due for more
than 90 days, excluding loans to financial customers and loans referred to in
Sections 113 to 127 of this Decision;
- trade finance on-balance sheet related products, with a residual
maturity of one year or more;
- unencumbered securities with a residual maturity of one year or
more that are not in default in accordance with the decision governing capital
adequacy and that are not eligible as level 1 or level 2 liquid assets pursuant
to this Decision;
- unencumbered exchange-traded equities that are not eligible as
level 2B liquid assets pursuant to this Decision;
- commodities, including gold but excluding commodity derivatives;
- assets encumbered for a residual maturity of one year or more in a
cover pool funded by covered bonds issued by a bank founded in the
Republic of Serbia or an EU member state and which, in the event of 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, whereas the
covered bonds and their issuer are subject to supervision by a competent
public authority designed to protect bondholders;
- 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.
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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:
- unless otherwise specified in this Part, any assets encumbered for
a residual maturity of one year or more;
- any assets other than those referred to in Sections 113 to 128 of
this Decision, including loans to financial customers having a residual
maturity of one year or more, items deducted from capital, fixed assets, nonexchange-traded equities, receivables under defaulted securities;
- non-performing exposures.
Banks shall apply a 100% haircut to the difference, if positive,
between the sum of fair values across all netting sets with positive fair value
and the sum of fair values across all netting sets with negative fair value
calculated in accordance with Section 94 of this Decision.
For the purpose of calculation referred to in paragraph 2 of this
Section, the bank shall apply the following:
- variation margin received by the banks from their counterparties
shall be deducted from the fair value of a netting set with positive fair value
where the collateral received as variation margin qualifies as a level 1 liquid
asset, excluding extremely high quality covered bonds in accordance with this
Decision, and where the bank may freely dispose of that collateral;
- all variation margin posted by banks with their counterparties shall
be deducted from the absolute amount of fair value of a netting set with
negative fair value.
Part 4
Application on the consolidated basis
- The ultimate parent company of a banking group shall calculate
the NSFR on a consolidated basis for the banking group in the following
manner:
- liabilities and capital of a subsidiary having its head office in a third
country subject to ASF haircuts set out in the national law of that country, that
are lower than haircuts under the Part 2 of this Chapter, shall be subject to
those lower haircuts for consolidation purposes;
- 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
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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.