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Home Meeting reports 2021 45th Meeting of the Board

45th Meeting

23/12/2021

On 22 December 2021, the Board of the Croatian Financial Services Supervisory Agency held its 45th meeting and adopted the following decisions of public interest:

  1. Ordinance on reporting to the Croatian Financial Services Supervisory Agency on complaints of fund members to mandatory pension companies
  1. Ordinance on reporting to the Croatian Financial Services Supervisory Agency on complaints of fund members to voluntary pension companies
  1. Ordinance on reporting to the Croatian Financial Services Supervisory Agency on complaints and objections of interested persons to insurance companies
  1. Ordinance amending the Ordinance on reporting on material changes and reporting at request of the Croatian Financial Services Supervisory Agency
  1. Ordinance amending the Ordinance on the procedure of assessing the risk of money laundering and terrorist financing and the manner of carrying out simplified and enhanced customer due diligence measures
  1. Ordinance amending the Ordinance on periodic, statistical and capital reporting by the central securities depository and reporting by the central securities depository of another Member State
  1. Ordinance amending the Ordinance on supervisory reports of the central counterparty
  1. Ordinance on the calculation, amount and charging of fees paid to the Croatian Financial Services Supervisory Agency for the year 2022
  1. Decision on the maximum percentage of the fee paid to the depositary for the year 2022
  2. Decision granting authorisation to the investment fund management company Erste Asset Management d.o.o. za upravljanje investicijskim fondovima, Ivana Lučića 2a, Zagreb, personal identification number (OIB): 68572873963, for the establishment and management of Erste Future Equity, feeder open-ended alternative investment fund with public offering, including approval for the rules and the prospectus of this fund and for the selection of ERSTE&STEIERMÄRKISCHE BANK d.d. Rijeka, Jadranski trg 3a, personal identification number (OIB): 23057039320, as the depositary of this fund
  3. Decision granting authorisation to the investment fund management company Erste Asset Management d.o.o. za upravljanje investicijskim fondovima, Ivana Lučića 2a, Zagreb, personal identification number (OIB): 68572873963, for the establishment and management of Erste Green Multi Asset, feeder open-ended alternative investment fund with public offering, including approval for the rules and the prospectus of this fund and for the selection of ERSTE&STEIERMÄRKISCHE BANK d.d. Rijeka, Jadranski trg 3a, personal identification number (OIB): 23057039320, as the depositary of this fund
  4. Decision determining that the depositary HRVATSKA POŠTANSKA BANKA d.d. Zagreb, Jurišićeva 4, personal identification number (OIB): 87939104217, has eliminated the irregularities and deficiencies regarding depository activities of UCITS, alternative investment funds and voluntary pension funds recorded in the Report on the on-site examination CLASS: UP/I 972-05/21-06/01, REGNO: 326-01-40-41-21-34 of 20 October 2021; and determining that the regular on-site examination of the depositary HRVATSKA POŠTANSKA BANKA d.d. Zagreb, Jurišićeva 4, personal identification number (OIB): 87939104217, has finished
  5. Decision granting approval to the company MEZZANINE PARTNERS dioničko društvo za upravljanje alternativnim investicijskim fondovima, with its registered office in Zagreb, Istarska ullica 31A, personal identification number (OIB): 96964166708, to operate as a medium-sized AIFM, namely to carry out activities referred to in Article 11(1)(1) of the Alternative Investment Fund Act - management of AIFs; granting approval to the company MEZZANINE GRUPA društvo s ograničenom odgovornošću za usluge, with its registered office in Zagreb, Istarska ullica 31A, personal identification number (OIB): 67210100250, to directly acquire a qualifying holding in the company MEZZANINE PARTNERS, reaching 100% of the initial capital and voting rights of that company; granting approval to indirectly acquire a qualifying holding in the company MEZZANINE PARTNERS to: Darko Drozdek, reaching 37.50% of the initial capital and voting rights of that company, and Tomislav Tadić, reaching 25.00% of the initial capital and voting rights of that company; and granting approval to Tajana Mrkić to perform the function of the executive director of the Company for the term of 5 (five) years, and approval to Tomislav Tadić to perform the function of the executive director of the Company for the term of 5 (five) years
  6. Decision granting authorisation to Slaven Bošnjak to perform the function of a member of the Management Board of the company Allianz ZB d.o.o. društvo za upravljanje obveznim i dobrovoljnim mirovinskim fondovima, Zagreb, Heinzelova 70, personal identification number (OIB): 58384724129, for a term lasting 3 (three) years, running as of 2 January 2022
  7. Decision suspending the procedure for granting authorisation to the company FALCON ASSET MANAGEMENT d.o.o., with its registered office in Zagreb, Šoltanska ulica 19, personal identification number (OIB): 13216170782, to operate as a small AIFM, initiated upon the application of the Management Board of the company FALCON ASSET MANAGEMENT d.o.o., with its registered office in Zagreb, Šoltanska ulica 19, personal identification number (OIB): 13216170782, namely Tomislav Cvetan, as the only member of the Management Board of that company
  8. Decision suspending the procedure initiated upon the application of Alexander Hrkač, as the only member of the company FALCON ASSET MANAGEMENT d.o.o., with its registered office in Zagreb, Šoltanska ulica 19, personal identification number (OIB): 13216170782, for granting authorisation to Tomislav Cvetan to perform the function of a member of the Management Board of the company FALCON ASSET MANAGEMENT d.o.o., with its registered office in Zagreb, Šoltanska ulica 19, personal identification number (OIB): 13216170782
  9. Decision determining that the company UniCredit leasing Croatia d.o.o., Zagreb, Samoborska cesta 145, personal identification number (OIB): 18736141210, has eliminated the illegalities and irregularities whose elimination was ordered by the Decision of the Croatian Financial Services Supervisory Agency of 22 April 2021 (CLASS: UP/I 973-06/21-01/03; REGNO: 326-01-50-52-521-21-14), in a way that it submitted a written statement to Hanfa on the activities it had undertaken towards all the lessees to which it had not refunded the incorrectly calculated interest rates / lease instalments, and whose contractual obligations were unilaterally amended in an unfounded and non-transparent manner as established during the supervision; and terminating the off-site examination of the company’s business operations
  10. Decision determining that the company BKS – leasing Croatia d.o.o., Zagreb, Ivana Lučića 2a, personal identification number (OIB): 52277663197, has eliminated the illegalities and irregularities whose elimination was ordered by the Decision of the Croatian Financial Services Supervisory Agency of 22 April 2021 (CLASS: UP/I 973-06/20-01/05; REGNO: 326-01-50-52-521-20-6), in a way that it concludes lease agreements in a clear and comprehensible manner by: defining in finance lease contracts the type of interest rate based on which lease instalments are calculated, and in the case where variable interest rates linked to a defined variable parameter are agreed, clearly defining the structure of interest rate and the manner of adjustment with the defined variable parameter; clearly defining in operating lease contracts the type of lease instalment, and in the case where variable lease instalments linked to a defined variable parameter are agreed the method of calculating the lease instalment and the method of adjustment with the defined variable parameter; in case of arranging the option of changing the leasing annuity/instalment (i.e. the interest rate on the basis of which it is calculated) which is not the result of the adjustment with the defined variable parameter, clearly defining in lease contracts the manner of change and objective, justifiable and demonstrable reasons for change, requiring the consent of the lessee for these changes; by having finance lease contracts concluded with consumers comply with the provisions of the Consumer Credit Act regarding the interest rate calculation; and by submitting a written statement to Hanfa on the activities it has taken towards all lessees whose contractual obligations were unilaterally amended on 27 August 2009, in an unfounded and non-transparent manner; and terminating the off-site examination of the company’s business operations
  11. Decision granting authorisation to Tomaž Žust from the Republic of Slovenia, Bergantova 14, Ljubljana, personal identification number (OIB): 01600715372, to perform the function of a member of the Supervisory Board of the insurance company TRIGLAV OSIGURANJE d.d., Antuna Heinza 4, Zagreb, personal identification number (OIB): 29743547503, for a term of 4 (four) years
  12. Decision granting authorisation to conduct insurance distribution business to the pre-company SIGURNO d.o.o. za zastupanje u osiguranju, with its registered office in Zagreb
  13. Decision granting authorisation to conduct insurance distribution business to the pre-company CONFIDENTIA REDDO d.o.o. za zastupanje u osiguranju, with its registered office in Split
  14. Decision granting authorisation to conduct insurance distribution business to the pre-company ADRIATICA NOVA d.o.o. za zastupanje u osiguranju, with its registered office in Dražice
  15. Decision granting authorisation to conduct insurance distribution business to Izabela Šuto, founder of the insurance representation craft CRO SEGURO, obrt za zastupanje u osiguranju, Izabela Šuto, Podstrana, Tješimirova 33
  16. Decision granting certified actuary licence to Bernard Blagajčević
  17. Decision determining that the authorisation to conduct insurance distribution business issued on 24 January 2019 to Marko Bošnjak, founder of the insurance representation craft MB zastupanje, obrt za zastupanje u osiguranju, vl. Marko Bošnjak, Zagreb, 2. Baošićki odvojak 20, by virtue of the Decision by the Croatian Financial Services Supervisory Agency CLASS: UP/I 974-03/18-01/125, REGNO: 01-660-22-19-6, ceased to be valid on 21 October 2020
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