Credit intermediaries for real estate

Credit intermediaries for real estate: information point

1. Contact points for Member States’ competent authorities in connection with credit agreements for real estate:
https://ec.europa.eu/info/law/mortgage-credit-directive-2014-17-eu/monitoring-and-enforcement_en

2. Conditions that must be met by a credit intermediary for consumer credit intermediation for real estate or the provision of advisory services in connection with such credit in Slovenia

Under the Consumer Credit Act (Official Gazette of the Republic of Slovenia, No. 77/16; the ZPotK-2), before beginning to act as a consumer credit intermediary for real estate or to provide advisory services in connection with such credit a credit intermediary is required to obtain a Bank of Slovenia authorisation for such services.

The conditions that must be met by a credit intermediary to obtain a Bank of Slovenia authorisation are set out in the ZPotK-2 and the Regulation on the conditions for consumer credit intermediation for real estate or the provision of advisory services in connection with such credit (Official Gazette of the Republic of Slovenia, No. 9/17).

• Register of credit intermediaries with the a Bank of Slovenia authorisation to act as a consumer credit intermediary for real estate (there are currently no such entities)

3. Cross-border provision of consumer credit intermediation for real estate and provision of advisory services in connection with such credit

a) Credit intermediary in a host Member State

A credit intermediary established in Slovenia that has obtained an authorisation to act as a consumer credit intermediary for real estate in accordance with the ZPotK-2 and intends to act as a consumer credit intermediary for real estate or to provide advisory services in connection with such credit for the first time in a host Member State either directly or via a branch is required to notify the Bank of Slovenia of this intention in accordance with Article 73 of the ZPotK-2.

A credit intermediary of a financial institution referred to in the fourth indent of the first paragraph of Article 58 of the ZPotK-2 may not act as a consumer credit intermediary for real estate or provide advisory services in connection with such credit on the basis of the authorisation referred to in Article 63 of the ZPotK-2 in a host Member State where the financial institution is not permitted to provide consumer credit services for real estate.

b) Credit intermediary from another Member State in Slovenia

A credit intermediary established in another Member State may act as a consumer credit intermediary for real estate or provide advisory services in connection with such credit in Slovenia either directly or via a branch if it has obtained an authorisation to act as a consumer credit intermediary for real estate or to provide advisory services in connection with such credit in its home Member State, and if the Bank of Slovenia receives advance notification from the competent authority of the home Member State of the intention to commence acting as a consumer credit intermediary for real estate in Slovenia with the information referred to in the fourth paragraph of Article 73 of the ZPotK-2.

A credit intermediary established in another Member State may only, either directly or via a branch, act as a consumer credit intermediary for real estate in Slovenia within the framework of the activities referred to in point 14 of Article 2 of the ZPotK-2 or provide advisory services in connection with such credit for which it has obtained an authorisation in the home Member State, and only for a credit provider referred to in the first, second and fourth indents of the first paragraph of Article 58 of the ZPotK-2, namely:

• a credit institution that has obtained an authorisation to provide banking and financial services in accordance with the law governing banking
• a credit institution established in another Member State that provides consumer credit services for real estate in Slovenia via a branch and has obtained an authorisation to provide banking and financial services in the home Member State
• a financial institution whose sole or principal line of business is the provision of finance leasing services in accordance with the law governing banking and in which a bank or a Member State bank holds at least 20% of the voting rights or a participating interest of at least 20%, or whose total assets amounted to at least EUR 50,000,000 at the end of the previous calendar year, and that has obtained an authorisation to provide finance leasing services for real estate in accordance with Article 67 of the ZPotK-2