Regulation on the documentation for the granting of an authorisation to include a capital instrument in the calculation of the own funds of banks and the documentation on subsequent issuances of instruments

ANY DISPUTE

• Official Gazette of the Republic of Slovenia, No. 677/26 of 20 May 2026 (in force as of 4 June 2026)
  Pursuant to the fifth paragraph of Article 9 and the fourth paragraph of Article 178 of the Banking Act (Official Gazette of the Republic of Slovenia, No. 15/26, hereinafter: ZBan-4), and the first paragraph of
  Article 31 of the Bank of Slovenia Act (Official Gazette of the Republic of Slovenia, Nos. 72/06 [official
  consolidated version], 59/11, 55/17 and 15/26 [ZBan-4]), in connection with Article 26 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1), last amended by a Corrigendum (OJ L 2025/90998, 5.12.2025, p. 1) (hereinafter:
  Regulation 575/2013/EU), the Governing Board of Banka Slovenije hereby issues the following R E G U L A T I O N on the documentation for the granting of an authorisation to include a capital instrument in the calculation of the own funds of banks and the documentation on subsequent issuances of instruments
  CHAPTER I
  GENERAL PROVISIONS
  Article 1
  (content of regulation)
  (1) This Regulation sets forth:
  a) the detailed content of the documentation that a bank, savings bank or credit undertaking (hereinafter: bank) encloses with:
  − a request for the granting of the authorisation referred to in the second paragraph of
  Article 178 ZBan-4 or the permission referred to in the first subparagraph of the third paragraph
  of Article 26 of Regulation 575/2013/EU to include a capital instrument in the calculation of the bank’s own funds; − the notification for subsequent issuances of forms of Common Equity Tier 1 instruments referred to in the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU; b) the deadline for submitting the notification for subsequent issuances of forms of Common Equity Tier 1 instruments before their classification as Common Equity Tier 1 instruments in accordance with the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU. (2) Wherever this Regulation makes reference to the provisions of other regulations, these provisions shall apply in their currently applicable wording.
  Article 2
  (definition of terms)
  The terms used in this Regulation shall have the same meanings as ascribed to them in ZBan-4, Regulation 575/2013/EU and the regulations issued on their basis.
  CHAPTER II
  DOCUMENTATION FOR THE GRANTING OF AUTHORISATION TO INCLUDE A CAPITAL INSTRUMENT IN THE CALCULATION OF OWN FUNDS

ANY DISPUTE
Article 3
(general)
(1) In accordance with the first subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU or the second paragraph of Article 178 ZBan-4, a bank shall obtain the prior authorisation of the competent authority for the inclusion of a capital instrument in the calculation of own funds, having regard for the procedure for making a decision on the granting of authorisations set out in Section 16.2 ZBan-4, unless Regulation 575/2013/EU or another regulation explicitly provides otherwise. (2) The bank shall enclose the information set out in Article 4 of this Regulation in the request for the granting of an authorisation to include a capital instrument in the calculation of own funds. (3) A bank that is not classed as a significant credit institution in accordance with the fourth paragraph of Article 6 of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63) shall act in accordance with Chapter III of this Regulation in connection with subsequent issuances of forms of Common Equity Tier 1 instruments in accordance with the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU.
Article 4
(information in connection with a request to grant an authorisation) (1) The request for the granting of an authorisation to include a capital instrument in the calculation of own funds referred to in the second paragraph of Article 3 of this Regulation shall contain the following:
a) the basic documentation (contract, prospectus or other) related to the issuance of the capital instrument; b) the amount and date of the planned issuance of the capital instrument for inclusion in the calculation of own funds, the impact on capital ratios set out in Article 92 of Regulation 575/2013/EU, and a description of the purpose of the bank’s recapitalisation; c) an indication of the category of own funds and the level of inclusion of the capital instrument (individual and/or consolidated basis); č) an indication of the holder of the capital instrument where known, or an indication of the potential holder or types of potential holders (e.g. institutional investors) of the specific capital instrument; d) a summary of the main features of the capital instrument on the basis of the prescribed EU CCA template set out in Annex VII of Commission Implementing Regulation (EU) 2021/637 of 15 March 2021 laying down implementing technical standards with regard to public disclosures by institutions of the information referred to in Titles II and III of Part Eight of Regulation (EU) No 575/2013 of the European Parliament and of the Council and repealing Commission Implementing Regulation (EU) No 1423/2013, Commission Delegated Regulation (EU) 2015/1555, Commission Implementing Regulation (EU) 2016/200 and Commission Delegated Regulation (EU) 2017/2295 (OJ L 136, 21.4.2021, p. 1), last amended by Commission Implementing Regulation (EU) 2022/2453 of 30 November 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2021/637 as regards the disclosure of environmental, social and governance risks (OJ L 324, 19.12.2022, p. 1); e) an illustration that the conditions set out in Articles 28, 52 or 63 of Regulation 575/2013/EU have been met, including the relevant conditions set out in regulatory and implementing technical standards or other regulations referred to in Article 9 ZBan-4; f) a description of the accounting treatment of the specific capital instrument; g) a projection of the calculation of the bank’s own funds and capital requirements, including capital buffers, for the next three years, and its business strategy, including a projection of the statement of financial position, the income statement and the statement of comprehensive income as defined in the Regulation on the books of account and annual reports of banks and savings banks (Official Gazette of the Republic of Slovenia, Nos. 36/25 and 15/26 [ZBan-4]); h) the consent of the bank’s management and supervisory bodies with regard to the issuance of the capital instrument;

ANY DISPUTE i) other facts and circumstances that could have an impact on the meeting of the conditions for obtaining the authorisation to include the capital instrument in the calculation of the bank’s own funds; j) a declaration by the bank’s management body that the bank did not and will not directly or indirectly fund the acquisition of ownership of the capital instrument, or the submission of other evidence of the holders’ funding of the acquisition of ownership of capital instruments for the purposes of the requirements under point (b) of the first paragraph of Article 28, point (c) of the first paragraph of Article 52 and point (c) of Article 63 of Regulation 575/2013/EU; k) a declaration by the bank’s management body that in connection with the capital instrument there are no additional contracts, agreements or arrangements that could affect or cause the capital instrument to not meet the conditions or alter the economic effects of the instrument, as stipulated in Article 79a of Regulation 575/2013/EU. (2) For the inclusion of an Additional Tier 1 instrument in the calculation of own funds, the request for the granting of an authorisation referred to in the second paragraph of Article 3 of this Regulation shall contain the following in addition to the information referred to in the first paragraph of this article:
a) a detailed analysis of the expected amount of Common Equity Tier 1 items that would be generated if the principal amount of the Additional Tier 1 instruments were fully written down or converted as stipulated in the third paragraph of Article 54 of Regulation 575/2013/EU, having regard for all foreseeable charges related to the instruments at the time of their full write-down or conversion; b) a detailed analysis of the write-up of the Additional Tier 1 instrument following the temporary write-down of the principal as stipulated in point (e) of the second paragraph of Article 21 of Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for own funds requirements for institutions (OJ L 74, 14.3.2014, p. 8), last amended by Commission Delegated Regulation (EU) 2023/827 of 11 October 2022 laying down regulatory technical standards amending Delegated Regulation (EU) No 241/2014 as regards the prior permission to reduce own funds and the requirements related to eligible liabilities instruments (OJ L 104, 19.4.2023, p. 1); c) where the Additional Tier 1 instruments have been issued by a subsidiary undertaking established in a third country and for which the trigger level is calculated in accordance with the national law of that third country, a submission of an independent external legal opinion confirming that the legislation of the third country and the contractual provisions governing the instruments are at least equivalent to the requirements set out in Article 54 of Regulation 575/2013/EU, as stipulated by point (e) of the first paragraph of Article 54 of Regulation 575/2013/EU. (3) The bank shall submit the information referred to in the first and second paragraphs of this article on an individual and/or consolidated basis depending on the level of inclusion of the specific capital instrument in the calculation of own funds. Should the bank intend to include the specific capital instrument in the calculation of own funds on a consolidated basis, the provisions of the first and second paragraphs of this article shall apply mutatis mutandis to the submission of information. (4) The bank shall submit the information referred to in point e) of the first paragraph of this article on the following forms, which are an integral part of this Regulation:
a) the CET1 form for Common Equity Tier 1 instruments; b) the AT1 form for Additional Tier 1 instruments; c) the T2 form for Tier 2 instruments. (5) In addition to the documentation and information referred to in the first and second paragraphs of this article, Banka Slovenije may request additional information for the purposes of checking that the prescribed conditions for granting the authorisation to include a capital instrument in the bank’s own funds calculation have been met. (6) Within the framework of the procedure for making a decision on the request for the granting of the authorisation to include the capital instrument in the calculation of own funds, the bank shall without delay send the competent authority any changes, additions or updates to the information, should there

ANY DISPUTE be changes or additions to the originally submitted information referred to in the first and second paragraphs of this article. (7) When the procedure for making a decision on the request for the granting of the authorisation to include the capital instrument in the calculation of own funds is being conducted on the basis of a draft of the basic documentation referred to in point a) of the first paragraph of this article, the bank shall submit the final version within five business days of its conclusion or entry into force. At the same time it shall submit a declaration by the bank’s management body that the final version of the basic documentation referred to in point a) of the first paragraph of this article does not differ from the originally submitted draft based on which the competent authority took the decision in the form of a granted authorisation to include the capital instrument in the calculation of own funds, or in which it explains any differences from the originally submitted draft. (8) Regardless of whether the bank has obtained the competent authority’s authorisation to include a capital instrument in the calculation of own funds pursuant to the second paragraph of Article 178 ZBan￾4, the competent authority may request that the bank amend or supplement individual provisions of the basic documentation referred to in point a) of the first paragraph of this article should deviations from the required conditions for the bank’s specific capital instrument be found in a subsequent procedure to review the quality of the bank’s capital instrument by the European Banking Authority pursuant to Article 80 of Regulation 575/2013/EU. After complying, the bank shall without delay submit evidence that the required conditions under point e) of the first paragraph of this article have been met in the form of the prescribed form referred to in the fourth paragraph of this article.
CHAPTER III
DOCUMENTATION FOR SUBSEQUENT ISSUANCES OF FORMS OF COMMON EQUITY TIER 1 INSTRUMENTS AND DEADLINE FOR SUBMITTING NOTIFICATION
Article 5
(documentation for subsequent issuances of forms of Common Equity Tier 1 instruments) (1) For the purpose of assessing whether the conditions referred to in point (a) of the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU have been met in connection with the equivalence of the provisions governing previous and subsequent issuances of forms of Common Equity Tier 1 instruments, the bank shall submit the following documentation to Banka Slovenije:
a) a declaration by the bank’s management body that from the perspective of meeting the conditions under Article 28 of Regulation 575/2013/EU and relevant regulations issued on its basis, there have been no changes to the content of the provisions governing subsequent issuances of forms of Common Equity Tier 1 instruments compared with the provisions governing previous issuances for which the bank received permission in accordance with Regulation 575/2013/EU; b) a declaration by the bank’s management body that the bank did not and will not directly or indirectly fund the acquisition of ownership of the capital instrument, or the submission of other evidence of the holders’ funding of the acquisition of ownership of capital instruments for the purposes of the requirement under point (b) of the first paragraph of Article 28 of Regulation 575/2013/EU; c) a declaration by the bank’s management body that in connection with the capital instrument there are no additional contracts, agreements or arrangements that could affect or cause the capital instrument to not meet the conditions or alter the economic effects of the instrument, as stipulated in Article 79a of Regulation 575/2013/EU. č) evidence that the instrument is fully paid up; d) a description of the changes to the provisions governing subsequent issuances of forms of Common Equity Tier 1 instruments compared with the provisions governing previous issuances, and a self-assessment of these changes from the perspective of meeting the conditions under
Article 28 of Regulation 575/2013/EU and relevant regulations issued on its basis;

ANY DISPUTE e) a comparison between the wordings of the provisions governing subsequent and previous issuances of forms of Common Equity Tier 1 instruments in a form that makes the changes evident. (2) For the purpose of the condition referred to in point (a) of the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU, the provisions governing subsequent and previous issuances of forms of Common Equity Tier 1 instruments shall be deemed substantially the same if in the subsequent issuance there are no changes to the provisions relative to previous issuances that could affect the meeting of the conditions for Common Equity Tier 1 instruments. (3) In addition to the documents referred to in the first paragraph of this article, for subsequent issuances of forms of Common Equity Tier 1 instruments the bank shall submit information to Banka Slovenije regarding the amount and date of the issuance, an indication of the holders of Common Equity Tier 1 instruments, and a description of the purpose of recapitalisation. (4) In addition to the documentation referred to in the first paragraph of this article, Banka Slovenije may request that the bank submit additional information for the purposes of checking that the conditions referred to in point (a) of the third subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU have been met.
Article 6
(deadline for submitting notification for subsequent issuances of forms of Common Equity Tier 1 instruments) (1) For the purposes of point (b) of the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU in connection with the timely official notification of the competent authority with regard to the subsequent issuance of forms of Common Equity Tier 1 instruments, the bank shall submit all of the documentation referred to in Article 5 of this Regulation to Banka Slovenije at least 20 days before the date of the envisaged classification of the instruments as Common Equity Tier 1 instruments. (2) Should Banka Slovenije determine that the subsequent issuance of forms of common equity Tier 1 instruments does not meet the conditions set out in the third paragraph of Article 26 of Regulation 575/2013/EU, it shall notify the bank in writing accordingly by the deadline referred to in the previous paragraph. (3) Should the bank not receive the written notification from Banka Slovenije referred to in the second paragraph of this article about the failure to meet the condition set out in point (a) of the second subparagraph of the third paragraph of Article 26 of Regulation 575/2013/EU within 20 days of submitting the documentation referred to in Article 5 of this Regulation, it may classify the instrument as a Common Equity Tier 1 instrument.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
Article 7
(pending procedures)
Procedures for the granting of authorisation to include a capital instrument in the calculation of own funds commenced prior to the entry into force of this Regulation shall be completed under this Regulation.
Article 8
(repeal of previous regulation)

ANY DISPUTE
On the day this Regulation enters into force, the Regulation on the documentation for the granting of an authorisation to include a capital instrument in the calculation of the capital of banks and savings banks and the documentation on subsequent issuances of instruments (Official Gazette of the Republic of Slovenia, Nos. 21/21, 92/21 [ZBan-3] and 15/26 [ZBan-4]) shall cease to be in force.
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, 18 May 2026 Primož Dolenc President of the Governing Board of Banka Slovenije
Appendix 1: CET1 form: Assessment of compliance of Common Equity Tier 1 instrument
Appendix 2: AT1 form: Assessment of compliance of Additional Tier 1 instrument
Appendix 3: T2 form: Assessment of compliance of Tier 2 capital instrument