Area: Finance
Competent authority: MF
EZU URL: .nan
Initiative ID: 914
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2018-08-13'
Initiative published: '2018-08-13'
Initiative submitted: '2018-08-13'
Response from the competent authority: Reply from the Ministry of Finance:We would
  like to clarify at the outset that the primary task of the Ministry of Finance,
  as the line ministry for banking, is to design systemic solutions that enable banks
  to operate efficiently and safely and to ensure their further development, while
  at the same time guaranteeing financial stability and depositor protection.The area
  you are referring to is regulated by Chapter 11 of the Law on the Regulation of
  the Banking Act, which regulates the register of transaction accounts. Pursuant
  to Article 192(2)(2), seventh indent, of the ZPlaSSIED, the information that a transaction
  account held by a natural person is used to carry out an activity is also processed
  in the register of transaction accounts. Furthermore, Article 192(6) provides that
  the holders of transaction accounts who are natural persons shall provide the payment
  service providers that maintain transaction accounts with the information that the
  transaction account is used for the pursuit of an activity. Pursuant to Article
  192(6) of the PILA, a natural person must notify the bank if he/she uses a personal
  transaction account for the purpose of carrying out an activity before he/she starts
  to use the transaction account for the purpose of carrying out an activity. However,
  for existing transaction accounts used by natural persons for the pursuit of an
  activity, which are not publicly available in the register of transaction accounts,
  Article 330 of the ZPlaSSIED provides that natural persons must notify the banks
  that they use the transaction account for the pursuit of an activity by 30 June
  2018 at the latest. The purpose of the statutory requirement to report and publicly
  publish information on transaction accounts of entrepreneurs and private persons
  used for business purposes in the Register of Transaction Accounts is to ensure
  the publicity of the data and thus to enhance the security of legal transactions
  related to business activities.The statutory provisions of the ZPlaSSIED do not
  provide for different forms of transaction accounts, but their offer (and the remuneration
  for their provision) is determined by the banks in accordance with their business
  policy, and therefore the current legislative regime does not require the opening
  of a (joint) transaction account used for both personal and business purposes either.
  Nor does the ZPlaSSIED provide that a sole trader must have a separate transaction
  account for the pursuit of his/her business. If a bank refuses to open a (joint)
  transaction account, it may offer the natural person carrying on a business to open
  separate accounts for personal and business purposes. If the natural person does
  not wish to accept this, he/she may, however, terminate the payment services contract
  unilaterally in accordance with Article 99 of the PSLSSIED and opt for the opening
  of a joint transaction account with another bank that allows for the opening of
  such an account.In the light of the above, the Ministry of Finance considers that
  the current institutional framework governing the register of transaction accounts
  is adequate and therefore does not plan to proceed further with the proposal.
Text file: 914.txt
Title: Inconsistent bank practices for Transaction Accounts (personal accounts can
  also be business accounts) of sole traders
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=914
