As a result of the first wave measures, local commercial banks implemented the loan rescheduling (moratorium) and the enforcement standstill on a voluntary basis. The moratorium lasts for at least 3 months and, subject to any additional requirements of the respective local bank, is applicable to borrowers whose good standing has been seriously endangered by the COVID-19 outbreak. Starting from April 2020, local commercial banks have voluntarily started to apply an enforcement standstill for all debtors unable to repay three instalments.
The second wave brought changes in enforcement and bankruptcy proceedings on a mandatory basis for all market players. The Act on Intervention Measures in Enforcement and Insolvency Proceedings for Duration of Special Circumstances prescribes the suspension of enforcement and bankruptcy proceedings during the period of Special Circumstances. These Special Circumstances are defined as events which could not have been foreseen and affected, and which endanger lives and assets of larger value, significantly undermine the environment or economic activity, or cause significant economic damage. The duration of Special Circumstances is initially envisaged to last for 3 months starting from the date on which the act entered into force (i.e. 1 May 2020). The Croatian Government can prolong the period for another 3 months.
The suspension of enforcement proceedings applies to all enforcement proceedings (except enforcement of claims related to workers’ wages, support allowance and for criminal proceedings-related monetary claims). Although enforcement proceedings are temporarily suspended during the period of Special Circumstances, it is nonetheless possible to carry out an enforcement proceeding if a judge, in the light of circumstances of an individual case, finds it necessary urgently to carry out such proceedings regardless of the existence of the Special Circumstances.
During the period of Special Circumstances, should any of the reasons for bankruptcy defined by the Croatian Bankruptcy Act occur, this will not represent a condition for the opening of bankruptcy proceedings. Debtors preserve the right to file for bankruptcy proceedings themselves. Also, in certain exceptional cases, creditors and/or the Croatian Financial Agency can request the initiation of bankruptcy proceedings during the period of Special Circumstances
On a regulatory level and for the purposes of enabling the implementation of the first wave measures, the Croatian National Bank has adjusted the capital requirements and regulatory oversight standard applicable for banks. Banks are now allowed to restructure and refinance the loans of clients whose businesses have been (or will be) damaged by the COVID-19 outbreak and who were classified as A clients on 31 December 2019, without the obligation to increase bank reserves. The Croatian National Bank also allowed commercial banks to temporarily use an adjusted liquidity buffer until 30 June 2021. As an additional measure, also for liquidity purposes, the Croatian National Bank has announced imposing an obligatory retention of profit for 2019 on all commercial banks in Croatia.
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