2026-01-01
The Council of the Central Bank of Montenegro issued this Decision to prescribe the specific content and maintenance requirements for financial contract records held by credit institutions and related legal persons. The regulation mandates the inclusion of detailed data regarding contract parties, transaction specifics, settlement status, and collateral arrangements, including margin values and valuation methods. Compliance requires maintaining these records using a standardized template attached to the Decision, which entered into force eight days after its publication in the Official Gazette of Montenegro.
[Unofficial translation] Pursuant to Article 44 paragraph 2 item 3 of the Central Bank of Montenegro Law (OGM 40/10, 6/13, 70/17, 125/23) and Article 20 paragraph (7) of the Law on Resolution of Credit Institutions (OGM 72/19, 8/21, 113/24), the Council of the Central Bank of Montenegro, at its meeting held on 17 March 2025, passed the following DECISION ON MORE DETAILED CONTENT OF RECORDS OF FINANCIAL CONTRACTS Article 1 This Decision shall prescribe in more detail the content of the records of financial contracts to which a credit institution or a legal person referred to in Article 3 items 2), 3) and 4) of the Law on Resolution of Credit Institutions (OGM 72/19, 8/21, 113/24) - (hereinafter: the Law) is a party, which that credit institution or a legal person referred to in Article 3 items 2), 3) and 4) of the Law shall prepare and update on a regular basis. Article 2 The records of financial contract referred to in Article 1 of this Decision shall contain in particular:
Decision on more detailed content of records of financial contracts (OGM, 29/25) 2 contractual recognition of suspension of termination rights, specifying the contractual provision which recognises the Central Bank of Montenegro’s (hereinafter: the Central Bank) power to suspend the termination right; contractual recognition of resolution powers specifying the contractual provision, if any, by which the counterparty recognises the Central Bank’s power to apply resolution powers other than those identified in Articles 1 and 2 of this item; 5) core business lines, specifying which core business line or critical functions the financial contract relates to, if any; 6) market value of the financial contract, specifying the method applied for the valuation, the currency used for the valuation, and the date and time of the valuation. 7) collateral agreement between the counterparties, if it exists; 8) collateral portfolio indicating whether the collateralisation was performed on a portfolio basis, which means that the collateral was calculated on the basis of net positions resulting from a set of contracts, rather than per the transaction. 9) collateral portfolio code - if collateral is reported on a portfolio basis, the portfolio must be identified by a unique code determined by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law; 10) value of the initial margin posted by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty, specifying the currency of the initial margin; 11) value of the variation margin posted, including cash settled, by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty, and where variation margin is posted on a portfolio basis, including the overall value of variation margin posted for the portfolio, and specifying the currency of the variation margin posted; 12) initial margin received - value of initial margin received by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty, and where initial margin is received on a portfolio basis, including the overall value of initial margin received for the portfolio, and specifying the currency of the initial margin received. 13) variation margin received - value of variation margin received, including cash settled, by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty, and where variation margin is received on a portfolio basis, including the overall value of variation margin received for the portfolio, and specifying the currency of the variation margin received. Article 4 Information on the type of financial contract referred to in Article 2 item 3) of this Decision shall be the financial contract ID. Article 5 Data on the transaction referred to in Article 2 item 4) of this Decision shall include the following:
Decision on more detailed content of records of financial contracts (OGM, 29/25) 3 2) validity date of the reporting financial contract; 3) in the case of an early termination of the financial contract - the contract termination date; 4) whether the counterparty’s termination right under the financial contract is based on the bankruptcy or financial condition of the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law under resolution; 5) name of the relevant master agreement, if used for the financial contract (e.g. ISDA Master Agreement, Master Power Purchase and Sale Agreement, International ForEx Master Agreement, European Master Agreement, etc.), specifying the year of the master agreement, if applicable; 6) for the financial contract that is a part of a netting arrangement referred to in Article 6 paragraph (1) item 59) of the Law, a unique reference of the netting arrangement; 7) whether liabilities arising from the financial contract are entirely or partially excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law, or whether they are not excluded. Article 6 Data on the settlement of the financial contract referred to in Article 2 item 5) of this Decision shall include the following:
Decision on more detailed content of records of financial contracts (OGM, 29/25) 4 ANNEX Records of financial contracts No. Type of data Description of information to be maintained in the records of financial contracts (fill-in instructions) Section 1 – Parties to the financial contract
Decision on more detailed content of records of financial contracts (OGM, 29/25) 5 7. Governing law The law governing the financial contract 8. Contractual recognition – write down and conversion powers (only for contracts governed by third country law subject to the requirement of the contractual provision under Article 108 paragraph (1) of the Law) Contractual provision referred to in Article 108 paragraph (1) of the Law. When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it may be recorded at the master agreement level. 9. Contractual recognition – suspension of termination rights (only for contracts governed by third country law) The contractual provision by which the other counterparty recognises the power of the Central Bank to suspend termination rights When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it may be recorded at the master agreement level. 10. Contractual recognition – resolution powers (only for contracts governed by third country law) The contractual provision, if any, by which the other counterparty recognises the power of the Central Bank to apply resolution powers other than those identified in field 8 and field 9. When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it can be recorded at the master agreement level. 11. Core business lines Specify which core business line or critical functions the financial contract relates to, if any. 12. Value of contract Determination of market value - valuation of the financial contract 13. Currency of the value The currency used for the valuation of the financial contract.
Decision on more detailed content of records of financial contracts (OGM, 29/25) 6 14. Date and time of the valuation Date and time of the valuation For determining market value, the date and time of publishing of reference prices shall be reported. 15. Valuation type Indicate the method of valuation - determining the value. 16. Collateralisation Indicate whether a collateral agreement between the counterparties exists. 17. Collateral portfolio Indicate whether the collateralisation was performed on a portfolio basis. Portfolio means that the collateral was calculated on the basis of net positions resulting from a set of contracts, rather than per the transaction. 18. Collateral portfolio code If collateral is reported on a portfolio basis, the portfolio must be identified by a unique code determined by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law. 19. Initial margin posted Value of the initial margin posted by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty. Where initial margin is posted on a portfolio basis, include the overall values of initial margin posted for the portfolio. 20. Currency of the initial margin posted Specify the currency of the initial margin posted.
Decision on more detailed content of records of financial contracts (OGM, 29/25) 7 21. Variation margin posted Value of the variation margin posted, including cash settled, by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law to the counterparty. Where variation margin is posted on a portfolio basis, include the overall values of variation margin posted for the portfolio. 22. Currency of the variation margin posted Specify the currency of the variation margin posted. 23. Initial margin received Value of initial margin received by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty. Where initial margin is received on a portfolio basis, include the overall values of initial margin received for the portfolio. 24. Currency of the initial margin received Specify the currency of the initial margin received. 25. Variation margin received Value of the variation margin received, including cash settled, by the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law from the counterparty. Where variation margin is received on a portfolio basis, include the overall values of variation margin received for the portfolio. 26. Currency of the variation margin received Specify the currency of the variation margin received. Section 2 – Type of financial contract
Decision on more detailed content of records of financial contracts (OGM, 29/25) 8 27. Type of financial contract Specify the type of financial contract. 28. Financial contract ID Unique transaction ID, where the liability arises from the OTC derivative. For any other financial contract, ID assigned by the credit institution, or a legal person referred to in Article 3 2), 3), and 4) of the Law. Section 3 – Data on the transaction 29. Maturity date of the liability Maturity date of the liability under the financial contract 30. Contract validity date Validity date of the reporting financial contract. 31. Contract termination date Termination date in the case of an early termination of the reported financial contract. If not different from maturity date, this field shall be left blank. 32. Contract termination right Specify whether the counterparty’s termination right under the financial contract is based on the bankruptcy or financial condition of the credit institution, or a legal person referred to in Article 3 items 2), 3), and 4) of the Law under resolution. When such contractual provision is included in a master agreement and applies to all transactions governed by that master agreement, it may be recorded at the master agreement level.
Decision on more detailed content of records of financial contracts (OGM, 29/25) 9 33. Master Agreement type Specify the name of the relevant master agreement, if used for the financial contract (e.g. ISDA Master Agreement, Master Power Purchase and Sale Agreement, International ForEx Master Agreement, European Master Agreement, etc.). 34. Year of the master agreement Specify the year of the master agreement version used for the reported transaction, if applicable. 35. Netting arrangement Where the financial contract is a part of a netting arrangement referred to in Article 6 paragraph (1) item 59) of the Law, specify the unique reference of the netting arrangement. 36. Type of liability Specify whether liabilities arising from the financial contract are: — entirely excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law. — partially excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law. — not excluded from bail-in pursuant to Article 94 paragraph (3) and Article 95 paragraph (1) of the Law. Section 4 – Financial contract settlement 37. Settlement obligation Specify whether the financial contract belongs to a class of OTC derivatives subject to the settlement obligation, and whether counterparties are subject to the settlement obligation as of the time of execution of the financial contract;
Decision on more detailed content of records of financial contracts (OGM, 29/25) 10 38. Settlement Specify whether settlement has taken place. 39. Time and date when settlement took place Time and date when settlement took place. 40. Unique code for the counterparty In the case of a financial contract that has been settled, the unique code for the counterparty that has settled the financial contract. 41. Intragroup Specify whether the financial contract was entered into as an intragroup transaction.