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Decision on Manner of Computation and Collection of the Default Interest on Untimely Paid Banks' Obligations Based on Deposit Insurance Premium ("RS Official Gazette", No. 6/2009)According to Article 17, Paragraph 1, Item 2 of the Law on Deposit Insurance Agency (“Official Gazette of the Republic of Serbia”, No. 61/05 and 116/08), Article 5, Article 9, Paragraphs 1 and 2, Article 13, Paragraph 4 of the Law on Deposit Insurance (“Official Gazette of the Republic of Serbia”, No. 61/05 and 116/08) and Article 9, Paragraph 1, Item 8 of the Statute of the Deposit Insurance Agency (“Official Gazette of the Republic of Serbia”, No. 84/05), the Managing Board of the Deposit Insurance Agency (hereinafter: the Agency) on its 1st session held on December 29, 2008 made the following
DECISIONon manner of computation and collection of the default interest on untimely paid banks' obligations based on deposit insurance premium of natural persons, entrepreneurs, small and medium-sized legal entities
1. For untimely paid obligation based on deposit insurance premium of natural persons, entrepreneurs, small and medium-sized legal entities for RSD deposits which is to be computed and paid in RSD, the bank is obliged to pay a default interest, computed according to the Law governing the level of a default interest rate.
2. For untimely paid obligation based on deposit insurance premium for foreign currency deposits which is to be computed and paid in euros, the bank is obliged to pay a default interest in RSD, computed according to the Law governing the level of a default interest rate. The base for computation of a default interest in Paragraph 1 of this Item is RSD counter value of the premium that the bank is obliged to pay, determined on the day of maturity of the payment obligation by middle exchange rate determined on the day of maturity of the payment obligation.
3. Default interest from Items 1 and 2 of Paragraph 1 of this Decision is computed in the period starting the following day with regards to the day of the maturity of payment obligation until the day when the bank settles its obligation. Date of the maturity of the obligation from Paragraph 1 of this Item is determined based on the Decision of the Managing Board of the Agency on determination of the content of the Report's form delivered to the Agency by the banks as well as the manners and periods of computation and collection of the deposit insurance premium (“Official Gazette RS”, No. 78/05, 66/06 and 80/08) and is indicated in the invoice delivered by the Agency to the bank according to the Decision aforementioned.
4. Computation of the default interest according to Items 1, 2 and 3 of the Decision is performed by the Agency and delivered to the bank with the notification for default interest payment latest in a period of 5 days starting the day of computation delivery. The Agency will indicate on the computation report the deadline for computed amount of a default interest payment.
The day that the Agency will send the computation report to the bank by one of the following means: mail, fax and/or email, will be considered as the day of computation report delivery from the Paragraph 1 of this Item.
5. Default interest payment from Item 1 and 2, Paragraph 1 of this Decision will be executed at the RSD account of the Agency - the Deposit Insurance Fund, No. 780-639-38, being kept at the National bank of Serbia.
6. Regulations from Items 1-5 of this Decision will be applied in the case of untimely settlement of the obligations based on deposit insurance premiums of natural persons prescribed by Article 11 of the Law on Deposit Insurance.
7. Director of the Agency is authorized to make individual regulations for the purpose of precising and interpreting the provisions in Items 1-6 of this Decision. 8. Director of the Agency will be in charge for enforcement of this Decision. 9. This Decision will come into force on the day it was made. 10. The Decision will be published in the "Official Gazette of the Republic of Serbia". 11. By publishing this Decision, the Decision on manner of computation and collection of the default interest on untimely paid banks' obligations based on deposit insurance premium of natural persons, published in the "Official Gazette of the Republic of Serbia", No. 94/05, falls into desuetude.
D. No 66/08 Chairman of the Managing Board
Dr Slobodan Ilić |
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