Authorisation to establish a branch of a credit institution in a third country

Published: 31/1/2015
A credit institution having its head office in the Republic of Croatia may provide services in a third country through a branch established subject to authorisation of the Croatian National Bank. Described in the text below are the contents of the application for authorisation to establish a branch of a credit institution in a third country, the establishment of a branch of a financial institution in a third country and the reasons for revocation of a decision on the authorisation to establish a branch of a credit institution in a third country.

Application for authorisation to establish a branch of a credit institution in a third country
A credit institution having its head office in the Republic of Croatia that intends to establish a branch in a third country has to submit an application for authorisation to the Croatian National Bank, stating the country in which it intends to open the branch and enclose with the application:

  1. a business plan for the first three years of business, setting out the types and the scale of services it intends to provide through the branch and the organisational structure of the branch;
  2. the address in the host country at which the Croatian National Bank may obtain documentation on the branch; and
  3. full names and addresses of natural persons who will be responsible for directing the business of the branch.

Deciding on the application
The Croatian National Bank may, within one month from the date of receipt of an application for authorisation to establish a branch in a third country also request additional documentation. If the Croatian National Bank has requested additional documentation, the date of its receipt is considered the date of receipt of a valid application.

The time limit for deciding on the application for authorisation to establish a branch in a third country is 60 days from the date of delivery of a valid application.

The Croatian National Bank will refuse the application if, on the basis of the information available to it, it assesses that the credit institution that intends to establish a branch:

  1. does not have the appropriate organisational, technical and personnel structure or the adequate financial position to provide the planned scale of services in a third country;
  2. in view of the regulations of that third country or practices relating to their implementation, it is likely that the exercise of supervision in accordance with the provisions of the Credit Institutions Act will be prevented or made difficult; or
  3. thus attempts to evade stricter rules in force in the Republic of Croatia.

Where a credit institution that has been authorised by the Croatian National Bank to establish a branch in a third country intends to establish any further branches in the same country, it will notify the Croatian National Bank thereof. 

Where a credit institution that has been authorised to establish a branch in a third country intends to change any of the data submitted with the application (address of the branch and the names of the persons responsible for directing the business of the branch), it has to, at least one month before effecting the change, notify the Croatian National Bank thereof.

Revocation of decision
The Croatian National Bank will revoke authorisation to establish a branch in a third country granted to a credit institution having its head office in the Republic of Croatia:

  1. where the competent authority of the host country has prohibited the credit institution from providing services within its territory;
  2. where the branch fails to commence its operation within six months of obtaining authorisation;
  3. where the branch has not performed operations covered by the authorisation for more than six months; or
  4. where the branch ceases to comply with the criteria pursuant to which it was granted authorisation.

The Croatian National Bank may revoke a decision on authorisation to establish a branch in a third country granted to a credit institution having its head office in the Republic of Croatia:

  1. where it is established that the credit institution no longer meets the organisational, technical and personnel requirements relating to the services it provides;
  2. where the credit institution fails to meet the requirements relating to insurance of deposits with the branch;
  3. where the credit institution does not comply with the regulations of the third country in the operation of the branch; or
  4. where the geographical distribution of the provision of services indicates that the credit institution uses the branch to evade stricter rules and regulations in force in the Republic of Croatia.

A credit institution having its head office in the Republic of Croatia that provides services in a third country may apply for removal of a branch from the register of companies or other relevant register kept in that country only upon settlement of all obligations arising from the operation of the branch.