(Official Gazette 150/2002, 115/2003, 162/2004 and 189/2004)

Transcription

1 (Official Gazette 150/2002, 115/2003, 162/2004 and 189/2004) - Unofficial amended text - Pursuant to Article 39 paragraph 2 item i) of the Croatian National Bank Act (Official Gazette 36/2001) and Article 44 paragraph 1 items 1, 2 and 3 of the National Payment System Act (Official Gazette 117/2001), the Governor of the Croatian National Bank hereby enacts the following DECISION on the Structure of an Account with a Bank, Bank Account Number, Terms and Methods of Opening an Account with a Bank and the Content of the Register of Business Entities Accounts with a Bank (1) This Decision regulates: Article 1 - the structure of an account with a bank - the content of and method of establishing a bank account number - the terms and methods of opening an account with a bank, and - the content of the Register of Business Entities Accounts with a Bank. (2) All the provisions of this Decision prescribed for a bank shall also apply to the Croatian National Bank. (3) A bank shall keep records of executed payment transactions and the balances in kuna in the accounts prescribed by this Decision. (4) A bank shall also record executed payment transactions and balances in other currencies in the accounts referred to in paragraph 3 of this Article, provided that this is prescribed by a special regulation governing foreign exchange operations. In such a case the bank shall keep separate records of executed transactions and of the balances in both kuna and any other currency. The bank shall record executed payment transactions in other currencies in the accounts prescribed by this Decision pursuant to a special regulation governing foreign exchange operations. 1. The Structure of an Account with a Bank Article 2

2 (1) A bank shall open accounts with itself in accordance with the structure prescribed by this Decision as follows: - on behalf of business entities; - on behalf of non-residents - foreign business entities; - on behalf of citizens and non-residents - natural persons resident abroad; and - for their own purposes. (2) In terms of this Decision, business entities shall be legal persons, government authorities, government administration bodies, units of local self-government, units of regional self-government and natural persons engaged in registered activities in accordance with the regulations. (3) In terms of this Decision, non-residents - foreign business entities shall be all non-residents determined by a special regulation governing the terms and methods of opening and maintaining non-residents' accounts with a bank, with the exception of non-residents who are natural persons resident abroad. Article 3 (1) A bank shall open the accounts referred to in Article 2 of this Decision in accordance with the structure including a total of seventeen numerical characters. (2) The structure of the account referred to in paragraph 1 of this Article shall consist of the following two parts: - part one - the bank account number; and - part two - the number of an account with a bank. 1. a. Part One of an Account with a Bank - the Bank Account Number Article 4 (1) The bank account number shall be the identification number of a bank used in performing payment operations. (2) The Croatian National Bank shall allocate the bank account number to a bank when issuing the operating license to the bank. Article 5 (1) The bank account number shall consist of seven numerical characters (n1, n2, n3, n4, n5, n6, n7), of which: - the first series of six numerical characters (n1, n2, n3, n4, n5, n6) shall represent a uniform bank code; - the last numerical character (n7) shall be the check digit calculated, for the first 2

3 series of numerical characters (n1, n2, n3, n4, n5, n6), in accordance with ISO 7064 "Module 11, 10". (2) The bank account number shall be entered in a sequence without spaces or special marks like hyphens, slant lines, dots, etc. Article 6 (1) The Croatian National Bank shall notify banks of the bank account numbers allocated to them pursuant to this Decision. 1. b. Part two of an Account with a Bank - the Number of an Account with a Bank Article 7 (1) The number of an account with a bank shall consist of a series of ten numerical characters (n1, n2, n3, n4, n5, n6, n7, n8, n9, n10), whose: - first part (n1, n2) shall indicate the type of account and shall consist of two numerical characters; - second part (n3, n4, n5, n6, n7, n8, n9) shall be the ordinal number of an account with a bank, and shall consist of seven numerical characters; - third part (n10) shall be the check digit and shall consist of one numerical character. (2) The number of an account with a bank (n1, n2, n3, n4, n5, n6, n7, n8, n9, n10) shall be unique. (3) The number of an account with a bank shall be entered in a sequence without spaces or special marks like hyphens, slant lines, dots, etc. Article 8 (1) The ordinal number of an account with a bank (n3, n4, n5, n6, n7, n8), referred to in Article 7 of this Decision, shall be determined by a bank in accordance with the bank's needs. (2) The check digit (n10) referred to in Article 7 of this Decision shall be calculated, for the first series of nine numerical characters (n1, n2, n3, n4, n5, n6, n7, n8, n9) in accordance with ISO 7064 "Module 11, 10". Article 9 (1) The first character (n1) in the type of account, referred to in Article 7 of this Decision, shall represent the following account groups: 1 - a business entity's account; 3

4 3 - a citizen's account, or an account of a non-resident - natural person resident abroad; 5 - an account of a non-resident - foreign business entity; 0 - a bank's account for keeping cash money records; 9 - a bank's account for performing payment operations. (2) The second character (n2) in the type of account referred to in Article 7 of this Decision shall represent the purpose of an account, i.e.: - for the account group 1 - a business entity: 0 - the account of a bank for the bank's own purposes; 1 - the account for a business entity's regular operations; 3 - the specific purpose account of a business entity/bank, for depositing funds which are exempt from forced execution by virtue of law or other regulations; 4 - the account of an organizational unit of a business entity/bank; 5 - a specific purpose account of a business entity/bank in accordance with their needs; 7 - a specific purpose account for the collection of joint budget revenues; 8 - the account for regular budget operations; 9 - the settlement account of a bank or another financial institution; - for the account group 3 - a citizen or a non-resident - natural person resident abroad: 1 - a citizen's giro account 2 - a citizen's current account 5 - a specific purpose citizen's account 6 - an account of a non-resident -a natural person resident abroad; - for the account group 5 -a non-resident - foreign business entity: 1 - an account for regular operations of a non-resident - foreign business entity; 5 - a specific purpose account of a non-resident - foreign business entity; - for the account groups 0 and 9, a bank shall determine another mark independently in accordance with its needs. 2. The Terms and Methods of Opening an Account with a Bank Article 10 (1) A bank shall open an account on behalf of a business entity at its request, based on a contractual relationship or pursuant to regulations. (2) A contract between a bank and a business entity shall regulate the terms of opening and the type of an account, the manner of managing the funds in the account, as well as 4

5 the managing and closing of the account. The contract shall be signed by the persons authorized to represent the contracting parties, or the persons authorized by them. (3) A bank shall open accounts for its own purposes pursuant to the bank's internal regulations. (4) Accounts of non-residents, whose structure is prescribed by this Decision, shall be opened by a bank pursuant to a special regulation governing the terms and methods of opening and maintaining non-residents' accounts with a bank. (5) Where, pursuant to Article 1 paragraph 4 of this Decision, executed payment transactions and balances in other currencies are recorded in the accounts, under the terms and according to the methods of opening the accounts as prescribed by this Decision, a bank shall open and maintain such accounts in accordance with special regulations governing the opening and maintaining of foreign currency accounts. Article 11 (1) A business entity may open accounts with several banks, unless otherwise provided by law. (2) A business entity may open one account for regular operations with a bank. The business entities accounts for regular operations shall be the accounts of types "11" and "18". (3) A business entity may open several sub accounts with the bank that keeps that business entity's account for regular operations. In terms of this Decision, sub accounts shall be the accounts of the organizational units and specific purpose accounts of a business entity, i.e. the accounts of types "13", "14", "15" and "17". A bank may only open a sub account on behalf of a business entity, provided that the business entity holds an account for regular operations with this bank. (4) A business entity holding a type "11" account for regular operations with a bank may open sub accounts of types "13", "14" and "15" with that bank. (5) A business entity holding a type "18" account for regular operations with a bank may open sub accounts of types "13", "15" and "17" with that bank, provided that these sub accounts are opened pursuant to special regulations governing their opening. (6) A business entity may open one type "13" sub account with a bank for each purpose regulated by law or another regulation in the way that the funds allocated for that purpose are exempt from the execution of orders for forced collection of payments. (7) A business entity may open one type "14" sub account with a bank for each of its organizational units, and several sub accounts of types "15" and "17" in accordance with its needs. 5

6 (8) The funds in a business entity's sub accounts of types "14" and "15" shall be constituent parts of the funds in this business entity's account for regular operations allocated for the execution of orders for forced collection of payments. Article 12 (1) A bank or another financial institution shall open a type "19" account with a bank in accordance with special regulations enacted by the Croatian National Bank. Article 13 (1) A bank shall open a type "19" account with the Croatian National Bank. (2) The account referred to in paragraph 1 of this Article shall also be the bank's account for regular operations and the bank's settlement account. (3) By way of exception, a bank may open accounts with other banks in the manner and under the terms laid down by the Croatian National Bank. Article 14 (1) A bank may open a type "10" account with itself for its own purposes. A bank may open several accounts of type "10". (2) A bank may, for its own purposes, open with itself the following types of accounts: - type "13" - for each purpose regulated by law or other regulations in the way that the funds allocated for that purpose are exempt from the execution of orders for forced collection of payments; - type "14" - for each of its organizational units; and - type "15" - in accordance with its needs. Article 15 (1) A business entity holding more than one account for regular operations shall be obliged to designate one of these accounts as the main account. (2) Pursuant to Article 11 paragraph 4 of the National Payment System Act, the main account shall be the account for regular operations against which payment orders for legal liabilities and public revenues, payment orders for the collection of securities and instruments of collateral, and payment orders based on court rulings or other seizure documents (hereinafter: orders for forced collection of payments) shall be executed, and in which records of unexecuted orders for forced collection of payments shall be kept. (3) If the business entity referred to in paragraph 1 of this Article has one account for regular operations this account shall be its main account. 6

7 (4) A bank may not open an account for regular operations on behalf of a business entity having unexecuted orders for forced collection of payments in its main account. (5) A bank's account for regular operations opened with the Croatian National Bank shall be the bank's main account. Article 16 (1) Along with the application for opening an account for regular operations, a business entity shall submit the following documentation to a bank: - a decision on the enrolment in the Register of Companies or a register of a competent body, if the enrolment in a register is compulsory (account type "11"); - articles of incorporation, issued by a competent body, if the business entity is not subject to enrolment in a register and has not been established pursuant to law (account type "11"); - an extract from a law or another regulation, if the business entity has been established pursuant to the law or that other regulation (account types "11" and 18"); - a Notice of Classification According to the National Classification of Economic Activities served by the Central Bureau of Statistics (account types "11" and "18"); - registration of the signatures of persons authorized to dispose of the funds in the account, as well as the registration of the seal used for the authentication of payment orders issued on payment forms. For the purpose of issuing payment orders via magnetic media or electronically, a bank and a business entity shall agree on the manner of signing the payment orders (account types "11" and "18"); - a written statement about the status of the account, if the business entity's account for regular operations is with another bank. The statement about the status of the account shall contain the information provided by the business entity as to whether the account, whose opening is required, is designated as the main account or not. If the account is not designated as the main account, the number of the main account shall be indicated (account types "11" and "18"). (2) A bank may require additional documents for its own purposes. Article 17 (1) Along with an application for the opening of a sub account, a business entity shall submit the following documents to the bank: - an extract from a law or another regulation pursuant to which the funds in that account are exempt from the execution of orders for forced collection of payments (account type "13"); 7

8 - a decision on the enrolment of a part of a business entity in the Register of Companies or a register of a competent body, if the enrolment in a register is compulsory, as well as a by-law of the business entity showing that the part of the business entity may have an account (account type "14"); - registration of the signatures of persons authorized to dispose of the funds in the account, as well as the registration of the seal used for the authentication of payment orders issued on payment forms. For the purpose of issuing payment orders via magnetic media or electronically, a bank and a business entity shall agree on the manner of signing the payment orders (account types "13", "14", "15" and "17". (2) A bank may require additional documents for its own purposes. Article 18 (1) A business entity shall be obliged to send to the bank with which it has an account, a notification in writing of any change in the data, which is subject to enrolment in the register of accounts with a bank pursuant to this Decision, not later than eight days from the date on which the change occurred, and to enclose the appropriate documentation therewith. Article 19 (1) A bank shall close a business entity's account in accordance with the provisions of the contract referred to in Article 10 of this Decision or pursuant to a law or another regulation. (2) If an account is to be closed pursuant to a law or another regulation, a business entity or another competent institution shall submit to the bank its application for closing the account together with a document pursuant to which the account shall be closed. (3) Before closing a business entity's account for regular operations, a bank shall close all other accounts of the business entity opened with that bank. (4) If, pursuant to a writ of execution, a bank is ordered to take away a business entity's right to dispose of a certain amount of funds in that business entity's account (reservation of funds), the bank shall, before closing the account, transfer these funds to its specific account opened for that purpose. The bank shall treat these funds, as well as the funds of the business entity which have already been allocated to the bank's specific account (seized), in accordance with the writ of execution. Article 20 (1) If a business entity, having more than one account for regular operations, wants to close its main account, it shall submit to the bank an application for closing the account together with a written statement indicating which one of the business entity's other 8

9 accounts shall be designated as its main account. The statement shall also include a confirmation of a bank with which the other account of the business entity is kept (including the date of receipt, seal and signature), that the bank has received the statement as the business entity's application for changing its account for regular operations into its main account. The statement shall also include the date at which the bank shall record the change in its register of business entities accounts and in the Unified Register of Business Entities Accounts. The closing of the account and recording of the change of the other account's status shall occur on the same day. (2) A main account debited with unexecuted orders for forced collection of payments may not be closed. (3) If a business entity's main account is to be closed pursuant to a law or another regulation, the orders for forced collection of payments referred to in paragraph 2 of this Article shall either be recorded in the account of a legal successor or returned to the order issuer. Article 21 (1) If a business entity wants to change the status of its account for regular operations in the way that it loses the status of the main account in favour of another account, the business entity shall submit to the bank an application that includes a written statement indicating which one of the business entity's other accounts shall be designated as the main account. The statement shall also include the data referred to in Article 20 paragraph 1 of this Decision. The change of status for both accounts shall be made on the same day. (2) A bank shall reject a business entity's application for changing the status of its account for regular operations in the way that it loses the status of the main account in favour of another account, if that account is debited with unexecuted orders for forced collection of payments. (3) Notwithstanding paragraph 2 of this Article, the Croatian National Bank may allow a bank to accept a business entity's application for changing the status of its account for regular operations in the way that it loses the status of the main account in favour of another account, if that account is debited with unexecuted orders for forced collection of payments. In that case the change of status of the account for regular operations shall be made in the manner prescribed by paragraph 1 of this Article. The bank shall submit the unexecuted orders for forced collection of payments and the records of the unexecuted orders for forced collection of payments to another bank quoted in the statement as the bank which has received and confirmed the business entity's application for changing its account for regular operations into its main account. (4) The Croatian National Bank shall allow a bank to proceed in accordance with paragraph 3 of this Article only provided that the bank has unexecuted orders for forced collection of payments in its account with the Croatian National Bank. 9

10 3. Register of Business Entities Accounts with a Bank Article 22 (1) The register of business entities accounts with a bank (hereinafter: register of accounts) shall be the record of business entities accounts opened with that bank. The register of accounts shall comprise the data prescribed by this Decision. (2) A bank may also, for its own purposes, keep other data in the register of accounts. (3) Data shall be entered in the register of accounts from the documentation attached to an application for the opening of an account and the documentation related to the changes in particular data. Article 23 (1) A bank shall enter the following data in the register of accounts for each account of a business entity that it keeps: 1. Account number: - the number of a business entity's account, including the bank account number of the bank with which the account has been opened. 2. Company name or the name of a business entity: - the full company name or the name of a business entity, as cited in the decision on the enrolment in the Register of Companies or a register of the competent body. For business entities established pursuant to a law or a document issued by a competent body, the names allocated to them by the law or another document. 3. An abbreviated company name or name of a business entity: - an abbreviated company name or name of a business entity, as quoted in the decision on the enrolment in the Register of Companies or a register of the competent body, or another relevant document. 4. A business entity's identification number: - an identification number as quoted in the Notice of Classification According to the National Classification of Economic Activities served by the Central Bureau of Statistics. 5. A business entity's seat: - the place where a business entity has its seat, as cited in the attached documentation. 6. Postcode: - the postcode of the place where the business entity has its seat, according to the List of Postcodes. 7. Street and house number: 10

11 - the street and house number of a business entity's seat at the place where the business entity has its seat as quoted in the enclosed documentation. 8. County and city or municipality: - the numerical code of the county and city or municipality where the business entity has its seat; the numerical codes of counties, cities and municipalities have been determined by the Central Bureau of Statistics. 9. The legal form of organization of a business entity: - a numerical identification as quoted in the Notice of Classification According to the National Classification of Economic Activities served by the Central Bureau of Statistics. 10. A business entity's activity: - a numerical identification of a business entity's activity according to the National Classification of Economic Activities, as quoted in the enclosed documentation. 11. Date of opening an account: - the date when the account was opened. 12. Date of closing an account: - the date when the account was closed. 13. Status of a business entity's account: - it shall relate to the account for regular operations with the following identifications: - "1" for an account designated as the main account; - "2" for an account that is not designated as the main account. 14. Frozen account of a business entity: - the information whether the account is frozen (i.e. whether unexecuted orders for forced collection of payments are recorded in the account), i.e. the following identifications: - "1" for a non-frozen account; - "2" for a frozen account. Article 24 (1) A bank shall also enrol in the register of accounts the accounts opened with itself for its own purposes. The data to be entered are prescribed by Article 23 items 1. (account number), 11. (date of opening an account) and 12. (date of closing an account). Article 25 (1) A bank shall be obliged to keep the register of accounts up-to-date, using accurate and complete data from the documentation required for the opening of an account and the documentation related to the effected changes. Article 26 11

12 (1) The data from banks' registers of accounts shall be consolidated in the Unified Register of Business Entities Accounts. (2) A bank shall submit the data from the register of accounts with itself to the Unified Register of Business Entities accounts in the manner and within the time limits prescribed by the Decision on the Unified Register of Business Entities Accounts. 4. Transitional and Final Provisions Article 27 (1) The bank account numbers determined before the date of application of this Decision shall continue to be valid. Article 28 (2) By 30 June 2003, a bank shall be obliged to adjust with this Decision the maintenance of citizen's accounts and specific purpose accounts of business entities for the funds that are exempt from forced execution pursuant to a law or another regulation. Article 29 (1) By 1. October 2007, a bank shall be obliged to adjust with this Decision the maintenance of the accounts of non-residents - foreign business entities. Article 30 (1) This Decision shall enter into force on the eighth day following its publication in the Official Gazette and shall apply as of 1 February (2) As of the date of application of this Decision, the Decision on the Bank Account Number (Official Gazette 14/2002), the Decision on the Structure of an Account with a Bank (Official Gazette 14/2002 and 65/2002), the Decision on the Terms and Methods of Opening an Account with a Bank, (Official Gazette 14/2002) and the Decision on the Content of the Register of Business Entities Accounts with a Bank (Official Gazette 14/2002) shall cease to be valid. THE CROATIAN NATIONAL BANK GOVERNOR Dr Željko Rohatinski 12