Regulation on Fees for Decision-Making Procedures and Annual Supervision Fees by the Bank of Slovenia

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE  Official Gazette of the Republic of Slovenia, No. 37/2024 of 3 May 2024 (in force since 18 May 2024) Pursuant to the second, third and fourth paragraphs of Article 42 of the Purchasers and Servicers of Banks’ Non-Performing Loans Act (Official Gazette of the Republic of Slovenia, No. 12/24; hereinafter: the ZKSNKB), and the first paragraph of Article 31 and Article 53 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official consolidated version], 59/11 and 55/17), the Governing Board of the Bank of Slovenia hereby issues the following REGULATION on fees in connection with decision-making procedures and annual fees for supervision by the Bank of Slovenia in accordance with the Purchasers and Servicers of Banks’ Non￾Performing Loans Act

1. GENERAL PROVISIONS
   Article 1
   (content of regulation)
   (1) This regulation sets out:
   (a) the amount of fees for conducting the Bank of Slovenia supervisory procedures in accordance with the ZKSNKB, (b) the amount of fees for granting and renewing the authorisation to pursue credit servicing activities granted pursuant to the ZKSNKB, and (c) the approach to calculate the amount of the annual fee for supervision by the Bank of Slovenia in accordance with the ZKSNKB (hereinafter: annual fee). (2) Wherever this regulation makes reference to the provisions of other regulations, these provisions shall apply in their wording applicable at the time in question.
   Article 2
   (definition of terms)
   (1) The terms used in this regulation shall have the same meaning as those defined in the ZKSNKB and the Banking Act (Official Gazette of the Republic of Slovenia, Nos. 92/21 and 123/21 [ZBNIP]). (2) For the purposes of this regulation, the following shall be deemed supervisory procedures referred to in the second paragraph of Article 42 of the ZKSNKB:
    the withdrawal of the authorisation referred to in point 1 of the first paragraph of Article 44 of the ZKSNKB,  the inspection of a credit servicer, a credit purchaser or a credit service provider referred to in point 3 of the first paragraph of Article 44 of the ZKSNKB, and  supervisory measures for the rectification of identified irregularities imposed on a credit servicer, a credit purchaser, a representative of a credit purchaser when a representative has been designated in accordance with Article 9 of the ZKSNKB (hereinafter: representative), or a credit service provider pursuant to Article 44 of the ZKSNKB.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE
Article 3
(fee-payer)
(1) The obligation to pay the fee for conducting supervisory procedures shall apply to supervised entities (fee-payers) over which the Bank of Slovenia conducts supervision in accordance with the ZKSNKB, namely:
 credit servicers,
 credit purchasers and their representatives, and  credit service providers. (2) The obligation to pay the fee for deciding on a request for the granting and renewal of an authorisation shall apply to the applicant (fee-payer) for the granting or renewal of an authorisation to pursue credit servicing activities granted by the Bank of Slovenia pursuant to the ZKSNKB. The obligation to pay the fee for deciding on a request for the granting or renewal of an authorisation shall arise on the day of the submission of the request for the granting or renewal of the authorisation. Confirmation of the payment of the fee shall be enclosed in the request for the granting or renewal of the authorisation. (3) The obligation to pay annual fee for supervision shall apply to holders of an authorisation to pursue credit servicing activities granted pursuant to the ZKSNKB (fee-payers) over whom the Bank of Slovenia conducts supervision.
2. FEES FOR CONDUCTING SUPERVISORY PROCEDURES
Article 4
(amount of fees for conducting supervisory procedures) (1) The fee for conducting supervisory procedures in connection with the withdrawal of an authorisation referred to in the first indent of the second paragraph of Article 2 of this regulation is EUR 800. (2) The fee for conducting supervisory procedures in connection with the inspection referred to in the second indent of the second paragraph of Article 2 of this regulation ranges from EUR 750 to EUR 2,500 depending on the duration of the particular inspection. (3) The fee for conducting supervisory procedures in connection with supervisory measures imposed for the rectification of identified irregularities referred to in the third indent of the second paragraph of Article 2 of this regulation ranges from EUR 200 to EUR 500 depending on the scope of the identified irregularities.
3. FEES FOR DECIDING ON REQUEST FOR GRANTING OR RENEWAL OF
AUTHORISATION
Article 5
(amount of fees for deciding on request for granting or renewal of authorisation to pursue credit servicing activities)

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE (1) The fee for deciding on a request for the granting of an authorisation to pursue credit servicing activities in accordance with the ZKSNKB is EUR 800. (2) The fee for deciding on a request for the renewal of an authorisation to pursue credit servicing activities in accordance with the ZKSNKB is EUR 800.
4. ANNUAL FEE FOR SUPERVISION
Article 6
(calculation of annual fee)
(1) The amount of the total annual fee for all fee-payers referred to in the third paragraph of Article 3 of this regulation for an individual calendar year is calculated on the basis of the Bank of Slovenia’s actual costs of supervision in that year, minus the revenues from fees paid pursuant to Articles 4 and 5 of this regulation. (2) The Bank of Slovenia’s actual costs of supervision for an individual calendar year referred to in the previous paragraph shall include:

1. the costs of the Bank of Slovenia organisational units that relate directly to the supervision of
   fee-payers referred to in the third paragraph of Article 3 of this regulation (direct costs);
2. a portion of the costs of other Bank of Slovenia organisational units that provide
   administrative services and support to the organisational units referred to in the previous point (indirect costs). (3) The amount of the annual fee for the individual calendar year shall be determined for an individual fee-payer referred to in the third paragraph of Article 3 of this regulation by dividing the total amount of annual fee referred to in the first paragraph of this article by the number of fee-payers.
   Article 7
   (notice to fee-payer)
   (1) The amount of the annual fee shall be determined for a fee-payer by means of an invoice issued by the Bank of Slovenia by 31 March of the current year for the previous calendar year. (2) The invoice referred to in the previous paragraph shall contain the following:
3. the amount of the actual costs of supervision referred to in the second paragraph of the
   previous article,
4. the amount of the total annual fee for the individual calendar year referred to in the first
   paragraph of the previous article,
5. the amount of the annual fee that must be paid by the fee-payer.
6. TRANSITIONAL AND FINAL PROVISIONS
   Article 8
   (first payment of annual fee)
   Fee-payers shall be charged the annual fee referred to in Article 6 of this regulation for the first time for 2024.

THIS TEXT IS UNOFFICIAL TRANSLATION AND MAY NOT BE USED AS A BASIS FOR SOLVING ANY DISPUTE
Article 9
(entry into force)
This regulation shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia. Ljubljana, 25 April 2024 Boštjan Vasle President, Governing Board of the Bank of Slovenia