Banka Slovenije fintech innovation contact point
The Banka Slovenije fintech innovation contact point is a forum for the exchange of information in connection with innovative business models, and for the clarification of regulatory requirements in areas under Banka Slovenije’s remit. It discusses fintech-based solutions offered by innovative businesses, and provides clarifications regarding the conditions for providing services in Slovenia or inside the EEA.
Who is the fintech innovation contact point aimed at?
The contact point is aimed at a wide circle of market entities who are developing innovative solutions in the area of fintech, and also at tech firms who are working with financial institutions on the development of innovative services. It is thus aimed at businesses already established on the market, and also at market entrants, irrespective of whether they hold an authorisation to provide financial services.
Some of the business models and content discussed most often within the contact point are:
alternative payment methods
payment solutions based on blockchain and DLT
cryptoassets and AML/CFT
crowdfunding
regtech
other technologies and innovative solutions in connection with financial services
What is the fintech innovation contact point not for?
In the Banka Slovenije fintech innovation contact point we provide clarifications regarding regulatory requirements and legislation that Banka Slovenije is responsible for supervising and implementing. Businesses with questions outside our remit will be referred to the national authorities responsible for the area in question (e.g. the Securities Market Agency, the Insurance Supervision Agency, the Information Commissioner). The contact point is not the place for testing innovative technologies and solutions, as might happen in a regulatory sandbox. Furthermore, to ensure Banka Slovenije’s neutrality, we are unable to act as consultants or to provide specific advice in connection with innovative services.
Get in contact
Send your questions to [email protected], with as much detailing of the issue as possible, as this will help us in getting back to you as quickly as we can. Send us:
a detailed description of the business model, in which you precisely describe the issue you are addressing with your service, the concrete plan or approach to the solutions, and the projected timeline of rollout,
a broad schematic illustration of the key processes and a precise schematic of the flow of money between all stakeholders in your solution,
details of the legal relationships between all stakeholders in your solution (draft general terms and conditions, contracts, etc.).
After receiving your question, we will draw up a clarification at the Banka Slovenije fintech innovation contact point with regard to the regulatory requirements, or will invite you to send us additional information to help with drawing up the clarification.
Frequently asked questions
Important!
The questions and answers published on the website relate solely to areas under Banka Slovenije’s remit and are mainly for illustrative purposes. A proper assessment related to a specific business model is only possible after a detailed examination of the actual implementation of a solution or of contractual relations based on contracts signed by all stakeholders.
Legal and natural persons that transact business in Slovenia in relation to the provision of “virtual currency services” (the term used in the Prevention of Money Laundering and Terrorist Financing Act (Uradni list RS, Nos 48/22 and 145/22, ZPPDFT-2) for cryptoassets) are required to take the measures prescribed to detect and prevent money laundering and terrorist financing in accordance with the ZPPDFT-2.
“Virtual currency services” comprise the following services when provided by a legal or natural person during the pursuit of their business activities or professional activities for a third party:
exchange between fiat and virtual currencies;
exchange between one or more types of virtual currency;
transfer of virtual currencies between different accounts or addresses;
storage or management of virtual currencies, including the provision of services to safeguard private cryptographic keys on behalf of their customers, and to hold, store and transfer virtual currencies;
services in connection with the issuance or sale of virtual currencies.
Providers of “virtual currency services” who are established or have a branch in Slovenia are additionally required to be entered in the register of virtual currency service providers maintained by the Office for Money Laundering Prevention before starting to provide the service. More information on registration is available on the Office’s website.
Further information and resources regarding registration:
Articles 5 and 6 of the Prevention of Money Laundering and Terrorist Financing Act (ZPPDFT-2) contain provisions on the register of virtual currency service providers. Point 1 of the first paragraph of Article 185 of the ZPPDFT-2 lays out the offence connected with the failure to register prior to providing services.
Form for requesting entry in the register of virtual currency service providers.
In addition to the ZPPDFT-2, a provider is also required to pay due regard in its operations to the Act Regulating Restrictive Measures Introduced or Implemented by the Republic of Slovenia in Accordance with Legal Acts and Decisions Adopted by International Organisations (ZOUPAMO), which can lay down certain prohibitions such as the entry into a business relationship or the performance of transactions with persons or entities against which international restrictive measures have been issued by the UN Security Council or the European Union.
We should also point out that the Markets in Crypto-Assets Regulation (MiCAR), which establishes uniform requirements for public offerings and admission to trading on a platform for the trading of asset-referenced tokens, e-money tokens and cryptoassets that are neither asset-referenced nor e-money tokens, and sets out the requirements for cryptoasset service providers, was published in the Official Journal of the European Union in June 2023. Title III (Asset-referenced tokens) and Title IV (E-money tokens) of the Regulation shall be applied from 30 June 2024, and the remaining provisions from 30 December 2024.
Regulation (EU) 2023/1114 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (hereinafter: the MiCAR) was published in the Official Journal of the European Union on 9 June 2023, and aims to set out standardised rules for cryptoasset service providers and issuers of cryptoassets at EU level. The MiCAR will be applied in full from 30 December 2024, while Titles III (asset-referenced tokens) and IV (e-money tokens) have been applied as of 30 June 2024.
The Act Implementing the Regulation (EU) on Markets in Crypto-Assets (Official Gazette of the Republic of Slovenia, No. 95/2024) defines the competent authorities (the Securities Market Agency and Banka Slovenije) for the granting and withdrawal of authorisations, the approval of the cryptoasset white paper and approval of changes to the cryptoasset white paper, and the receipt of notification of the cryptoasset white paper and changes to the cryptoasset white paper, and for the supervision of cryptoasset service providers and issuers of tokens, and regulates the aforementioned competent authorities’ cooperation with the EBA and the ESMA, and the size of the fines for breaches of the MiCAR and the Act Implementing the Regulation (EU) on Markets in Crypto-Assets.
Under the Act Implementing the Regulation (EU) on Markets in Crypto-Assets, Banka Slovenije is the competent authority for receiving notification of the cryptoasset white paper from persons offering e-money tokens to the public or seeking their admission to trading, i.e. credit institutions and electronic money institutions, and also for receiving notification from electronic money institutions who intend to provide custody and administration of cryptoassets on behalf of clients and transfer services for cryptoassets on behalf of clients with regard to the e-money tokens that they issue. Banka Slovenije is also the competent authority for the supervision of persons who hold an authorisation to offer e-money tokens to the public or to admit them to trading, and conducts supervision of electronic money institutions when they provide custody and administration of cryptoassets on behalf of clients and transfer services for cryptoassets on behalf of clients in connection with e-money tokens that they issue.
The MiCAR stipulates that e-money tokens shall be deemed to be electronic money as defined in Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC, which is implemented in national legislation in Slovenia by the Payment Services, Electronic Money Issuance Services and Payment Systems Act. Obtaining an authorisation for the issuance of e-money tokens is not envisaged under the MiCAR. In accordance with MiCAR, entities who wish to offer e-money tokens to the public or seek their admission to trading are required to obtain an authorisation either as an electronic money institution or as a credit institution. Issuers of e-money tokens must notify Banka Slovenije at least 40 working days before the date on which they intend to offer e-money tokens to the public or to seek their admission to trading. They must also notify Banka Slovenije at least 20 working days in advance of the publication of their cryptoasset white paper.
The EBA released a statement on 5 July 2024 aimed at persons issuing e-money tokens and asset-referenced tokens, offering them to the public or seeking their admission to trading, and at consumers. It sets out the priorities for EU supervisors with regard to issuers of e-money tokens and asset-referenced tokens, which will be implemented in 2024 and 2025.
Additional information about cryptoassets can be found in the Cryptoasset FAQs tab.
The provision of payment services in Slovenia is governed by the Payment Services, Electronic Money Issuance Services and Payment Systems Act (ZPlaSSIED). Article 20 of the ZPlaSSIED defines those payment service providers entitled to provide payment services in the territory of Slovenia, while Article 5 lists the services they may provide.
In order to provide an account information service (and that service alone), you must submit a request to register the service with Banka Slovenije. Article 78 of the ZPlaSSIED regulates the legal position of account information service providers in detail, and sets out the requirements applying to service provision. According to the second paragraph of Article 78 of the ZPlaSSIED, an entity that intends to provide an account information service must enclose with their registration request confirmation that they have taken out professional liability insurance and, in accordance with the first paragraph of the same article, the information referred to in points 1 to 3, 6 to 9, 11, 12 and 16 of the first paragraph of Article 35 of the ZPlaSSIED.
We also highlight the guidelines issued by the European Banking Authority (EBA) Guidelines under the fifth paragraph of Article 5 of Directive (EU) 2015/2366 on the information to be provided for the authorisation of payment institutions and electronic money institutions and for the registration of account information service providers (Guidelines on information), the application of which is mandated by the Regulation on the content of the request for the granting of an authorisation to provide payment services as a payment institution, to provide electronic money issuance services as an electronic money institution and to acquire a qualifying holding in a payment institution or an electronic money institution (Regulation). According to the second paragraph of Article 3 of the Regulation, section 4.2 of the Guidelines on information sets out in more detail the information that must be provided with the registration request – specifically, the information that is required from applicants for registration for the provision only of the services referred to in point 8 of the first paragraph of Article 5 of the ZPlaSSIED. A registration request is filed with Banka Slovenije on the prescribed form, which is an appendix to the Regulation. It can also be accessed via the following link: Request for registration as an account information service provider
The fee for deciding on requests and the annual supervisory fee are set out by the Regulation on the amounts of Banka Slovenije’s annual fees for supervision and fees in connection with decision-making procedures under the Payment Services, Electronic Money Issuance Services and Payment Systems Act.
The ZPlaSSIED lays down a three-month instructive deadline by which Banka Slovenije shall decide whether to enter an account information service provider in the register. That period starts from the day a complete request is received.
Links to the relevant regulations relating to the registration of account information service providers can be found on the Banka Slovenije website.
The provision of payment services in Slovenia is governed by the Payment Services, Electronic Money Issuance Services and Payment Systems Act (ZPlaSSIED). Article 20 of the ZPlaSSIED lists the payment service providers that may provide payment services in Slovenia. These include payment institutions and electronic money institutions. The ZPlaSSIED regulates the conditions for the founding, operation, supervision and termination of payment services by payment institutions and the issuance of electronic money by an electronic money institution.
We also highlight the guidelines issued by the European Banking Authority (EBA) Guidelines under Directive (EU) 2015/2366 on the information to be provided for the authorisation of payment institutions and electronic money institutions and for the registration of account information service providers (Guidelines on information), the application of which is mandated by the Regulation on the content of the request for the granting of an authorisation to provide payment services as a payment institution, to provide electronic money issuance services as an electronic money institution and to acquire a qualifying holding in a payment institution or an electronic money institution (Regulation). The Regulation gives details regarding the form and content of requests as set out in the Guidelines on information, as well as the information and documentation to be enclosed in the request for authorisation as a payment institution or electronic money institution and authorisation to acquire a qualifying holding in a payment institution or an electronic money institution under the Payment Services, Electronic Money Issuance Services and Payment Systems Act. These requests are filed with Banka Slovenije on the prescribed forms, which are appendices to the Regulation. They can also be accessed via the following links:
The fee for deciding on requests for authorisation and the annual supervisory fee are set out by the Regulation on the amounts of Banka Slovenije’s annual fees for supervision and fees in connection with decision-making procedures under the Payment Services, Electronic Money Issuance Services and Payment Systems Act.
The ZPlaSSIED lays down a three-month instructive deadline by which Banka Slovenije shall decide whether to issue authorisation to provide payment services as a payment institution or to issue electronic money as an electronic money institution. That period starts from the day a complete request is received.
Further information on the above can be found on the Payment services and electronic money page of the Banka Slovenije website. Links to regulations relevant to the acquisition of authorisations can be found on the Payments and infrastructure page.