On 11 July 2016, The National Bank of Serbia
adopted amendments to three by-laws of the Law on Banks (Risk Management
Decision, Decision on the Classification of Bank Balance Sheet Assets and
Off-balance Sheet Items and the Decision on Reporting Requirements for Banks),
and in doing so, took a significant step towards effectuating the
implementation of the strategies on resolving non-performing loans and the
action plan rendered by the Government of the Republic of Serbia and the
National Bank of Serbia in cooperation with the IMF, World Bank and EBRD –
adopted at the end of last year. Furthermore, the amendments are also intended
to improve the regulatory framework for the treatment of restructured
receivables, in order to provide sustainable incentives in practice and to
prevent unsustainable refinancing, as well as in the area of banks' obligations
on reporting the structure of restructured receivables and reporting on banks'
non-performing loans. These amendments entered into force on 15 July 2016, whereas
amendments to the Risk Management Decision shall be applicable as of 15 July
2016, and the application of the amendments to the Decision on the
Classification of Bank Balance Sheet Assets and Off-balance Sheet Items and the
Decision on Reporting Requirements for Banks is postponed until 1 October 2016. The key
amendments of the Risk Management Decision can be separated into three main
parts: (i) amendments allowing for the assignment of the bank's undue
receivables towards legal entities, entrepreneurs and agriculturalists to other
legal entities in order to decrease banks' distressed assets; (ii) amendments
related to banks' distressed assets management; and (iii) amendments related to
the valuation of the quality of security instruments. The first part,
related to the assignment of the bank's undue receivables to other legal
entities in essence allows for, among other things, the assignment of
receivables towards entities undergoing pre-package reorganisation plan
implementation. The second
part, related to bank's distressed assets management includes the regulation of
the regulatory procedures and strategies in the banks for monitoring distressed
assets, as well as organisational-structural measures which a bank should
undertake in order to provide adequate distressed assets management. The third part,
related to the valuation of the quality of security instruments, provides
precise regulation of the security instruments whose value will be subject to
the valuation and addresses the duties and obligations of a licensed valuator
through manuals for the valuation and the producing of a valuation report, as
well as factors and analyses which may impact the security instruments value. The latest amendments to the above outlined
by-laws represent a signal that the market of non-performing loans may be
developing, although the results still remain to be seen and tested in
practice.
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