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THE CROATIAN PARLIAMENT

3189

Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby issue the

DECISION

PROMULGATING THE ACT ON AMENDMENTS TO THE BANKING

ACT

I hereby promulgate the Act on Amendments to the Banking Act, passed by the Croatian

Parliament at its session on 15 December 2006. 

 

Class: 011-01/06-01/96

Reg. No: 71-05-03/1-06-2

Zagreb, 19 December 2006

The President

of the Republic of Croatia

Stjepan Mesić, m.p.

THE ACT

ON AMENDMENTS TO THE BANKING ACT

Article 1

In the Banking Act (Official Gazette 84/02), Article 1 is amended to read:

»This Act regulates the conditions for the establishment, business operation, termination of

operation and supervision of the operation of banks and savings banks.«

Article 2

After Article 2, Article 2.a and the heading above are added which read:

»SAVINGS BANK

Article 2.a

(1) A savings bank is a financial institution that has obtained authorisation to operate from the

Croatian National Bank and that has been established as a joint stock company having its seat

in the Republic of Croatia.

(2) A savings bank cannot be entered in the court register before the authorisation to operate

is obtained from the Croatian National Bank.

(3) The name of a savings bank must contain the words »savings bank«.

(4) The words »savings bank«, if included in the full or abbreviated name, may be entered in the court register and used in legal transactions only by a legal person that has obtained an

authorisation to operate as a savings bank from the Croatian National Bank.«

Article 3

In Article 4, after item 3 item 4 is added which reads:

»4) a savings bank that obtains authorisation to provide such services from the Croatian

National Bank.«

Article 4

In Article 6, paragraph 2, item 8 is amended to read:

»8) performing insurance agency activities in accordance with the law regulating insurance, in

its part referring to the performing  insurance representation activities for banks,«.

Article 5

In Article 33, paragraph 1, after the word: »banks« a comma is added and the words: »savings

banks«.

Article 6

In Article 57, paragraph 4, between the words: »foreign states« the word: »member« is be

deleted.

Article 7

In Article 67, paragraph 3, after item 7, a new item 8 is added which reads:

»8) risks relating to the outsourced activities (risk of outsourcing).«

Item 8 becomes item 9.

After paragraph 4, paragraph 5 shall be added that reads:

»(5) Outsourced activities referred to in item 8, paragraph 3 of this Article, shall be deemed to

be a part of a bank's business that is transferred to another person.«

Article 8

In Article 68, after item 2, a new item 3 is added which reads:

»3) procedures and principles for managing operational risk, including the risk arising from

inadequate management of information technology and technologies associated thereto«.

Items 3, 4, 5 and 6 shall become items 4, 5, 6 and 7.

Article 9

In Article 82, paragraph 2 is amended to read:

»(2) The total investments of a bank in the capital of non-financial institutions shall not

exceed 30% of the regulatory capital of a bank, i.e. 60% of the regulatory capital of a savings

bank.«

Article 10

In Article 107, paragraph 1, item 3 is amended to read:

»3) systematically manages risks arising from the business activities of a bank in accordance

with the principle of stable business,«.

After item 3, item 4 is added which reads:

»4) systematically manages risk arising from the use of the information system.«

Article 11

In Article 108, paragraph 4 is amended to read:

»(4) By way of derogation from the provision of paragraph 1 of this Article, a bank may, with

the prior consent of the Croatian National Bank, entrust the internal audit or a part of the

internal audit to an auditing company or one or more persons not employed by that bank,

provided that at least one of those persons fulfils the condition referred to in paragraph 1 of

this Article.«

Article 12

In Article 114, paragraph 1, item 10 is amended to read:

»10) the information system of the bank and the adequacy of managing that information

system,«.

Article 13

In Article 122, paragraph 3 is deleted.

Article 14

After Article 177, Title XVI.a, Articles 177.a to 177.e and headings above them are added

which read:

»XVI.a SAVINGS BANK

SAVINGS BANK ACTIVITY

Article 177.a

(1) A savings bank may provide banking services referred to in Article 3 of this Act.

(2) A savings bank, in addition to banking services referred to in paragraph 1 of this Article,

may also provide other financial services if it obtains from the Croatian National Bank

authorisation to provide such services, as follows:

1. issuance of guarantees or other forms of surety,

2. credit financing, including consumer credits and  mortgage credits,

3. trading in its own name and for its own account in:

a) money market instruments and other transferable securities,

b) foreign means of payment, including exchange transactions,

4. performance of payment operations in the country in accordance with separate laws,

5. gathering, processing analyses and providing information about creditworthiness of legal

and natural persons who have an independent business,

6. performing insurance representation activities in accordance with the law regulating

insurance, in its part referring to the insurance representation activities for banks,«7. Issuing and management of payment instruments,

8. lease of safe deposit boxes,

9. mediation in the conclusion of financial transactions,

10. other similar services mentioned in the savings bank's operating authorisation.

(3) A savings bank may not operate abroad and may not establish branches and representative

offices abroad.

SAVINGS BANK CAPITAL

Article 177.b

(1) The minimum amount of equity capital necessary for the establishment of a savings bank

is HRK 8 million.

(2) The equity capital of a savings bank may not contain preferential shares.

REGULATORY CAPITAL OF A SAVINGS BANK

Article 177.c

The regulatory capital of a savings bank may not be lower than the minimum amount of the

equity capital referred to in Article 177.b item 1 of this Act.

INTERNAL AUDIT

Article 177.d

A savings bank may entrust the internal audit to an auditing company or to one or more

persons not employed by that savings bank, provided that at least one of those persons is a

qualified auditor or a qualified internal auditor in accordance with the auditing regulations i.e.

in accordance with the rules and the programme of the competent professional organisation

for professional education of internal auditors.

APPLICATION OF OTHER REGULATIONS

Article 177.e

In addition to the provisions of Articles 177.a to 177.e of this Act, other relevant provisions of

this Act, regulations passed on the basis of this Act and other regulations governing banking

shall apply accordingly to savings banks.«

Article 15

In Article 182, paragraph 1, the introductory sentence is amended to read: »A bank or a

savings bank shall be fined for a misdemeanour in an amount between HRK 30,000.00 and

HRK 1,000,000.00, if:«.

TRANSITIONAL AND FINAL PROVISIONS

Deadline for harmonisation of activities Article 16

A savings bank that has received the authorisation to operate as a savings bank from the

Croatian National Bank shall, within 3 months from the date of receiving the authorisation,

harmonise its activities relating to payment operations with the provisions of the Banking Act

(Official Gazette 84/02).

Article 17

This Act shall be published in the Official Gazette and shall enter into force on 1 January

2007.

 

Class: 450-02/06-01/02

Zagreb, 15 December 2006

THE CROATIAN PARLIAMENT

President

of the Croatian Parliament

Vladimir Šeks, m.p.

 


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