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The annual congress of the European Business Angel Network (EBAN) in Eindhoven - by invitation of Ms. Candace Johnson, the EBAN President, and Mr. Baybars Altuntas, the Vice President – is for the next two days the destination of the President of VZMD, Mr. Kristjan Verbič, who yesterday arrived there from Brussels. In addition to the congress attended by over 300 business people, investors and representatives of the financial industry, specifically the start-up capital, from all over the world, the gala dinner and reception was taking place for the invitees where EBAN 2015 prizes have been awarded. This three-day congress is, however, focusing on creating, financing and completing global success stories in the region of Europe, Middle East and Africa.

As part of the fifth this year's tour of the international business-investor programs of VZMD: Invest to Slovenia (investo.si) and International Investors` Network (invest-to.net), the VZMD President, as a member of the Executive Board of the European Federation of FinancialServices Users (Better Finance), in Brussels took part beforehand in the international conference »A Capital Markets Union for Growth, Jobs and Citizens«, and thereafter also in the »CEO Summit«of the Federation of European Securities Exchanges (FESE) entitled »Capital Markets Union: How can exchanges contribute?«.

This conference organized by Better Finance which addressed the issue - by all means also applicable to the circumstances in the Republic of Slovenia - how to attract savings to capital markets and real investments, was attended by numerous prominent guests, among others members of the European Parliament , representatives of the European Commission and influential international associations. One of the round tables was the place where the members of the European Parliament: Philippe de Backer (ALDE), Markus Ferber (EPP), Elisa Ferreira (S&D), Sven Giegold (European Greens) and Morten Messerschmidt (ECR) expressed their viewpoints, the participants were addressed by Mr. Jonathan Hill, European Commissioner for Financial Stability, Financial Services and Capital Markets Union (talking to Mr. Verbič in the photo).

The numerous prominent guests participated both in the conference and the evening's reception of the Federation of European Securities Exchange, among others the members of the European Parliament: Markus Ferber, Othmar Karas, Georgios Kyrtsos, Petr Jezek, Michael Theurer, Cora van Nieuwenhuizen, Sirpa Pietikäinen and Beatrix von Storch, representatives of stock exchanges Athens Exchange Group, Bolsas y Mercados Españoles, Bucharest Stock Exchange, Budapest Stock Exchange, Deutsche Börse, Euronext, Irish Stock Exchange, London Metal Exchange, Luxembourg Stock Exchange, Nasdaq, Oslo Stock Exchange, SIX Swiss Exchange, Vienna Stock Exchange in Warsaw Stock Exchange, as well as representatives of the organizations Better Finance, European Fund and Asset Management Association (EFAMA), EuropeanIssuers, European Federation of Accountants and many others.

Nevertheless, Mr. Verbič was actively engaged in the Executive Board Meeting and the General Meeting of Better Finance, during the two-day trip in Brussels, but before that he had paid visit to the headquarters of Better Finance and met at the working lunch with its managing director, Mr. Guillaume Prache, with whom he talked also about the international dimension of efforts of VZMD to protect the rights and interests of the expropriated investors in Slovenian banks which appeared on the very same day in the official news of the Brussels Federation.


20150507 215114The event in Brussels was also followed by the team of VZMD.tv / investo.TV, which will produce the exclusive news coverage (like the VIDEO last year and years before).

As always at these events, the efficient presentation of companies, institutions and investment projects included in  investo.si and investo.international was properly arranged. 

After fruitful presentations in the past two years in in Abu Dhabi, Astana, Almaty, Baku, Belgrade, Bled, Bratislava, Brussels, Buenos Aires, Buffalo, Bucharest, Cape Town, Celje, Dubai, Vienna, Grodno, Helsinki, Istanbul, Yaroslavl, Qatar, Kiev, Copenhagen, Ljubljana, Madrid, Minsk, Montevideo, MoscowNew DelhiNew York, Ouagadougu, Paris, Piran, Praja, Reykjavik, Tehran, TokioTorontoWarsaw, VitebskWiesbaden and Zagreb, the international business-investor programs of VZMD continue to provide efficient presence and presentation for its partners on five continents this year as well.

If you would like to take part in our events and activities, you are kindly invited to contact the coordinator of the program investo.si at VZMD by phone at 031 770 771 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

It has been a year and a half since the beliefs and arguments of VZMD on unconstitutionality of expropriation of investors in Slovenian banks were also validated by the Ombudsman of the Republic of Slovenia and the National Council of the Republic of Slovenia - but in this year the unconstitutionality has started gaining on official recognition and approval by the courts. The position that the amended Banking Act (ZBan-1L) - which retroactively created the basis for and triggered expropriation - is in conflict with the Constitution of the Republic of Slovenia was officially taken by the District Court in Ljubljana as early as on January 30, 2015, and thereafter by the Higher Court in Ljubljana on March 13, 2015.

On account of its findings, the District Court in Ljubljana filed a request at the Constitutional Court of the Republic of Slovenia for a review of constitutionality of Articles 261.a, 261.b, 261.c, 261.d, 261.e, 347 and 350.a of ZBan-1, indicating that »it judges that the disputed legal provisions pose a disproportionate violation of private property and consequently the breach of Article 33 of the Constitution of the Republic of Slovenia«, and that »it shall not acknowledge the hypotheses of the Republic of Slovenia that it has fulfilled its contractual obligations «, and that »it substanitally supports the requests filed by the National Council and the Ombudsman as well as the initiatives by Tadej Kotnik from Ljubljana and others represented by Miha Kunič, the attorney«. The request was initially assigned the reference number U-I-15/15 at the Constitutional Court of the Republic of Slovenia, but at the court meeting on February 19, 2015 the request was attached to the case U-I-295/13 - Tadej Kotnik and others.

On account of its findings, the Higher Court in Ljubljana filed a request at the Constitutional Court of the Republic of Slovenia for a review of constitutionality of Articles 253, 253.a, 260.a, 261.a, 261.b, 261.c, 261.e and 262.a of ZBan-1 on March 13, 2015, stating that »they entail a severe violation of existing entitlements thus contradicting with the principles of legitimate expectations, which is why the court gives rise to doubts as to whether such drastic violation of private property is truly proportionate to the public benefit pursued by the measures« and that the »measures affect only the creditors and holders of financial instruments from which the bank's qualified liabilities result, whereas the all other creditors and the financial system have benefits thereof«. The request was assigned the reference number U-I-39/15, and it is also expected to be attached to the case U-I-295/13 at one of the future meetings – Tadej Kotnik and others.

The courts' acknowledgments of beliefs of VZMD and other expropriated persons concerning unconstitutionality of cancellation of their shares and bonds are nevertheless encouraging, however they also have its negative sides as the Constitutional Court of the Republic of Slovenia was left with the entire burden to reach a decision whereby the other courts have also suspended proceedings in which VZMD and other expropriated persons do not invoke neither the Banking Act nor the Constitution of the Republic of Slovenia, until the final decision has been reached by the Constitutional Court. This was also the case of the legal action with which VZMD and another individual expropriated person have been trying to prove voidness of entry of cancellations into the commercial register at the District Court in Ljubljana - the hearing as of April 15, 2015 ended within a few minutes by the judge stating that proceedings are suspended until the final decision of the Constitutional Court of the Republic of Slovenia on the constitutionality or unconstitutionality of the Banking Act has been reached, although all claimants' inferences rest solely on the provisions of the Corporations Act (ZGD).

While having such approach, all courts' decisions are becoming increasingly dependent on the final decision of the Constitutional Court of the Republic of Slovenia, and the decision of this Court on the answer to its questions raised at the EU Court in Luxembourg, on November 6, 2014, VZMD decided to take part in the proceedings before the EU Court presenting its standpoints of the case in writing and drafting the standpoints at the highest professional level. For this reason, VZMD invited a world-class expert in EU law to help prepare written standpoints and to defend them together with the attorney Kunič during the oral hearing in Luxembourg, should the EU court schedule one in the course of the proceedings.

The expropriated bondholders and shareholders of banks who would like to become a part of multiple proceedings under the auspices of VZMD, should contact us at the telephone number +386 51 770 771 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..

On Friday, April 17, the Chamber of Commerce and Industry of Slovenia (GZS) with the support of SPIRIT Slovenia hosted a presentation of business opportunities and events on the occasion of active participation and presence at the EXPO Milano 2015 World's Fair. Over the six-month period - from May 1 to October 31 - the Italian city of Milan will be the venue of the renowned World's Fair, where more than 140 participating countries will have an opportunity to exchange ideas and collective solutions, this time focusing on ecology and food. EXPO Milano is estimated to be visited by more than 20 million visitors from all over the world, who may visit 54 separate pavilions of individual countries on the 1.1 million square meters of the exhibition areas, among them also the prominent separate pavilion of Slovenia which will take the center stage especially on June 19 when the Slovenian national day will take place.

The attendees of the Friday's presentation were addressed by the Minister of Economic Development and Technology of the Republic of Slovenia, Mr. Zdravko Počivalšek, and GZS President, Mr. Samo Hribar Milič, whereby numerous possibilities of collaboration, several economic delegations as well as opportunities for Slovenian companies and institutions were also presented.

Within the scope of the international business-investor programs Invest to Sloveniainvesto.si and International Investors' Network – invest-to.net the event was also visited by the President of the PanSlovenian Shareholders' Association (VZMD), Mr. Kristjan Verbič. VZMD welcomes the ambitious plans of Slovenia, which will be presented at the 800 square meter sized separate pavilion of modern design and entirely produced by Slovenian companies.

The upcoming Expo is all the more interesting for Slovenian companies, tourism and economy in general, because will be taking place in the immediate vicinity and neighborhood of Slovenia, and in the pavilion, along with the dynamic program and offer, it will be possible to hold meetings, including in a dedicated VIP area. However, more than 20,000 companies have already registered on the event's electronic platform, which is why VZMD appeals to all the interested to take advantage of the opportunities brought by EXPO Milano 2015.

After fruitful presentations in the past two years in AstanaAlmatyBakuBelgradeBled, Bratislava, BrusselsBuenos AiresBuffaloBucharestCape TownCelje, DubaiVienna, Grodno, Helsinki, Istanbul, Yaroslavl, Qatar, Kiev, Copenhagen, Ljubljana, Madrid, Minsk, Montevideo, MoscowNew DelhiNew York, Ouagadougo, Paris, Piran, Praia, Reykjavik, Tehran, TokioTorontoWarsaw, VitebskWiesbaden and Zagreb, VZMD's international business-investor programs continue to provide efficient presence and presentation for its partners on five continents this year as well.

If you would like to participate in our events and activities please contact the investo.si program coordinator at VZMD by telephone at +386 31 770 771 or e-mail info@investo.si.

With the support of the Chamber of Industry and Commerce of Slovenia, United Arab Emirates (UAE) was this week's visiting point of the Slovenian economic delegation together with the representativs of twelve companies and Ministry of Foreign Affairs of the Republic of Slovenia. As part of efforts of the international business-investor programs of the PanSlovenian Shareholders' Association (VZMD): Invest to Slovenia (investo.si) and International Investors` Network (invest-to.net), Mr. Kristjan Verbič is currently in UAE as a member of the delegation. (photo with Omar Abdulaziz Khan, International Offices Director of the Dubai Chamber of Commerce and Industry)

Immediately upon arrival to Dubai on Tuesday the members of the delegation took part in business meetings in the famous tallest skyscraper in the world, Burj Khalifa, and they also met up with the Slovenian business community over there. On Wednesday, they all participated in the Business Forum of the Abu Dhabi's Chamber of Commerce and Industry, where formal and informal talks between members of the delegation and esteemed local participants were facilitated. In parallel with the active participation of Mr. Verbič, the discussions about opportunities of investment and business collaboration and strategic partnerships were entered into.

At the Dubai Chamber of Commerce and Industry yesterday, B2B meetings were held, whereby the VZMD President had 8 official planned appointments, in addition to the other expressed interests in meetings and discussions. Participation in this economic delegation is already this year's third tour of investo.si and invest-to.net programa, following the January visit to Qatar and the March visit to Belarus and Russia.

After fruitful presentations in the past two years in Astana, Almaty, Baku, Belgrade, Bled, Bratislava, Brussels, Buenos Aires, Buffalo, Bucharest, Cape Town, Celje, Dubai, Vienna, Grodno, Helsinki, Istanbul, Yaroslavl, Qatar, Kiev, Copenhagen, Ljubljana, Madrid, Minsk, Montevideo, Moscow, New Delhi, New York, Ouagadougou, Paris, Piran, Praja, Reykjavik, Tehran, Tokio, Torontu, Warsaw, Vitebsk, Wiesbadn andZagreb, VZMD's international business-investor programs continue to provide efficient presence and presentations to its partners on five continents also this year.

If you would like to participate in our events and activities please contact the investo.si program coordinator at VZMD by telephone at +386 31 770 771 or e-mail info@investo.si.

Last week, the chief trade negotiator for Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA), Mr. Steve Verheul, visited Ljubljana. On this occasion, the Slon Hotel was the venue of the business lunch, which was attended by representatives of Canada, as well as representatives of Slovenian companies and a European Commission representative. At the invitation of Her Excellence Lisa Helfand, the Canadian Madam Ambassador in Budapest, and among eight representatives of Slovenian companies, it was also the President of the PanSlovenian Shareholders' Association (VZMD), Mr. Kristjan Verbič, who attented this event. (photo of Her Excellence Lisa Helfand, Mr. Kristjan Verbič and Mr. Steve Verheul)

The CETA Agreement, which might come into effect as early as 2017 in some optimistic anticipations, is by far the most complex treaty on free trade worldwide, which exceedingly broadly and with minor exceptions provides for tax exemptions, which will equip also Slovenian exporters with the incomparably better opportunities for entry into and conducting business on the promising Canadian market. In this matter, VZMD is welcoming the approach and openness of Canada and its high representatives who presented the Agreement and pertaining potentials and answers the questions of invitees.

VZMD has, through its international business-investor programs: Invest to Slovenia (investo.si) and International Investors` Network (invest-to.net) been closely collaborating with the Canadian Embassy for a while yet, among other things, the VZMD office was paid a visit by Mr. Bradwin Niblock, their Senior Trade Commissioner, in 2013, and the VZMD President was shortly afterwards a member of the Slovenian economic delegation, which visited Canadian city of Toronto.

March 22 marked the completion of this year's second tour of international business-investor programs of PanSlovenian Shareholders' Association (VZMD): Invest to Slovenia (investo.si) in International Investors` Network (invest-to.net), upon return from Moscow, on which Mr. Kristjan Verbič visited Belarus and Russia. Following the business and social visit to Minsk with the reception at their Ministry of the Economy, the VZMD President at the invitation of the organizers actively participated in the International Forum "Innovations. Investments. Prospects", which took place in Vitebsk on Thursday and Friday.

In addition to the opening and myriad of forum events, Mr. Verbič took part in the festive reception organized by the Governor of the Vitebsk region on Thursday, which was also attended by numerous local and state representatives, as well as international representatives of companies, institutions and diplomacy. On Friday, Mr. Verbič paid a visit to some important companies in the region and attended numerous meetings and gatherings. Furthermore, he took part in the award ceremony and the concluding lunch given by organizers for the most prominent guests and delegations from other countries.

By the time his engagements in Belarus had ended, the VZMD President set off for Russia to attend previously arranged business meetings, from which he returned to Slovenia. The visit to Belarus and Russia went on as part of efforts and activities under the international business-investor programs investo.si and invest-to.net. The underlying theme was already the third visit of the VZMD representatives in Belarus - after the  visit to the business and economic area of Grodno in 2014 and participation in the Belarus-Slovenian business conference in Minsk, held in 2013. As always, the efficient presentation of companies, institutions and investment projects, included in investo.si and investo.international programs were properly arranged.

Upon successful presentations during the past two years in AstanaAlmaty, Baku,  Belgrade, Bled, Bratislava, Brussels, Buenos Aires, Buffalo, Bucharest, Cape Town, Celje, Dubai, Vienna, Grodno, Helsinki, Istanbul, Yaroslavl, Kiev, Copenhagen, Ljubljana, Madrid, Minsk, Montevideo, Moscow, New Delhi, New York, Ouagadougou, Paris, Piran, Praja, Reykjavik, Tehran, Tokio, Toronto, Warsaw, Wiesbaden and Zagreb, the international business-investor programs of the PanSlovenian Shareholders' Association will also this year continue providing efficient attendance and presentation to its partners on five continents.

If you would like to participate in our activities or events, you are kindly invited to contact the investo.si program coordinator at the PanSlovenian Shareholders' Association, by telephone on +386 31 770 771 or by e-mail at: This email address is being protected from spambots. You need JavaScript enabled to view it..

Counterarguments to_recent_statements_by_the_Bank_of_Slovenia_along_with_additional_disclosure_of_misleading_statements_falsehoods_and_unlawfulness_Page_1This month a summary of Counterarguments to recent statements by the Bank of Slovenia along with additional disclosure of misleading statements, falsehoods and unlawfulness has been delivered to the National Assembly of the Republic of Slovenia by the PanSlovenian Shareholders' Association (VZMD), ahead of its` Urgent session (of the National Assebly) – VIDEO REPORT from VZMD.tv / investo.TV.

It is all about 8 crucial facts, substantiated findings and warnings by the VZMD Expert council co-workers, whereby the last (the 8th) fact is actually new and shocking unveiling of the indisputable evidence against the unlawfulness of Slovenian banks valuations and the overblown "bank gap" as a foundation for the billion euro damage to the Republic of Slovenia and its citizens based on unlawful actions by the Bank of Slovenia and its Emergency measures decisions.

Supported by evidence, VZMD, among other things, finds that the Bank of Slovenia - based on its Emergency measures decision - substantiated all emergency measures on bank liquidation score provided by companies Ernst & Young Svetovanje (Advice) d.o.o. and Deloitte svetovanje (Advice) d.o.o., however not by Ernst & Young (Auditing) d.o.o. and Deloitte revizija (Auditing) d.o.o.! Ernst & Young Svetovanje d.o.o. and Deloitte Svetovanje d.o.o. are not auditing companies, and under the law cannot be independent corporate appraisers as required by the Banking Act (ZBan-1L). It follows that the liquidation value of banks, which served as a basis for emergency measures and "hair-cut" cancellations (expropriations) of shareholders and bondholders, was not calculated under ZBan-1L provisions, and which is why it can not be a legal basis for emergency measures

 

APPEAL TO SLOVENIAN GOVERNMENT followed by the European Commission Vice-President's letter who has evidently encroached upon the system and interests of Slovenia - VZMD disproves of the claims and expects disclosure of the entire pertaining correspondence


Last week the PanSlovenian Shareholders' Association VZMD re-sent a revealing video public press release, which shows substantiated deceit by representatives of the Bank of Slovenia, previous government of the Republic of Slovenia, and protagonists of the dubious bank rehabilitation alongside with the mass expropriation of citizens and dreadful damage to the taxpayers, to the European Commission Vice-President, Commissioner for Euro and Social Dialogue, Mr. Valdis Dombrovskis. The English press release and subtitled VIDEO CONFRONTATION was sent by VZMD to representatives of international communities, institutions and its foreign partners already at the beginning of the last week, yet following Dombrovskis's letter - which - seemingly poses an unprecedented provocation - VZMD decided to release the arguments which are entirely rebutting his writing once again.

On this occasion VZMD President and Board member of the European Federation of Financial Services Users – Better Finance, Mr. Kristjan Verbič, pointed out to »outrageous practices with which, under the pretense of granting autonomy to the Bank of Slovenia, the European Commission (!?) has attempted to obstruct the investigation and protect the responsible persons - probably also at the level of the EU - prior to clarification of dubious circumstances, which represents an inadmissible encroachment upon the system and interests of the Republic of Slovenia and the autonomy of different branches of government«.

Publicly available content of Commissioner Dombrovskis's letter is, namely, downright shocking and opens plethora of grave issues about processes, structure and perspectives of the European Union, which is why VZMD appeals to the Prime Minister of Republic of Slovenia, Mr. Miro Cerar, to respond to the letter accordingly and to vigorously condemn the intolerable practice. In case there might be reasons for dissimilar proceeding - in order to avoid speculations or possible misconstructions the entire pertaining correspondence between representatives of the European Commission, European Central Bank and Republic of Slovenia should be subject to disclosure.



Urgent Meeting of the Commission for Public Finance Control

National Assembly of the Republic of Slovenia

17th February 2015





 

February was largely marked by disclosures by Mr. Tadej Kotnik, member of the PanSlovenian Shareholders` Association (VZMD) Expert Council and first signatory of the VZMD constitutional initiative (VIDEO), which brought about the resounding emergency meeting of the Commission for Public Finance Control, where together with Mr. Kotnik, it was also the VZMD President, Mr. Kristjan Verbič, to have actively participated, as well as Mr. Miha Kunič attorney of VZMD and expropriated holders of bonds - OVERVIEW VIDEO of the VZMD.tv team / investo.TV. The latter - witnessing the continuation of pretended ignorance and misleading statements of some key protagonists - produced an additional particularly revealing VIDEO CONFRONTATION supported by arguments whereby they also disclose many misleading statements by representatives of Bank of Slovenia, of the previous Slovenian government and of protagonists of the dubious bank rehabilitation alongside with the mass expropriation of citizens and dreadful damage to the taxpayers.

Mr. ANDREJ ŠIRCELJ (Chairman of the Commission for Public Finance Control of the National Assembly of the Republic of Slovenia): And why is there such disparity? As far as I know, there was a disparity in assessments of two agencies amounting to EUR 1.5 billion, or something like that. I mean, excuse me, EUR 1.5 billion. In assessing the equity of the banks, guarantees and so on, there was a discrepancy between two auditing companies that amounted to EUR 1.5 billion and according to my information, you used the lower result, it was a lower equity value and you used it automatically, you did not even check. I don't know whether you have checked or not, as far as I know, you haven't.

Mr. BOŠTJAN JAZBEC (Governor of the Bank of Slovenia): The answers to these questions and this is also the reply to Mr. Vrtovec (NSi Party), will be provided in the report we are preparing upon the request of the National Assembly as stated at its session on 26 January and I kindly ask you to give us the possibility to prepare this report, so you will be able to read it and then we will be able to debate on the matters you are opening today and which you would like to discuss in an extraordinary session. It's only 14 days until 2 or 3 March, when this report will be drafted.

Mr. ŠIRCELJ: Mrs. Alenka Bratušek go ahead, it's your turn for discussion.

Mrs. ALENKA BRATUŠEK (President of ZaAB Party, former Prime Minister of the Republic of Slovenia): I'll start with a question to Mr. Kotnik (VZMD Expert Council). What would have happened with Slovenian banks in Slovenia if they had not been recapitalized then with the taxpayers' money? I can tell you that they would have gone bankrupt. Moreover, what would happen to the owners of subordinated bonds, if the banks went bankrupt? They would lose everything. However, I want to hear from you whether these arguments hold up.

Mr. TADEJ KOTNIK (member of the Expert Council of PanSlovenian Shareholders' Association – VZMD): First, I would like to answer to Mrs. Bratušek. I could answer with a question back to you, and I note that these constant threats were a basic approach of your government at the time you were enforcing this wipe-out. You kept saying "If things had not been done our way, the Slovenia would have collapsed" etc. Can you name a single largest bank in any EU Member State at any time in the history of the EU for which the EC required a bankruptcy? But let us assume that they would so require. The next question would be, on the basis of which legal act of the EU could EC require a bankruptcy? Consider that our state paid its own money, in contrast to the situations where a country is receiving a financial aid from the troika and the EU thus sways more power. If we disregarded the Banking Communication of the EC, i.e., if we recapitalized banks back then without first securing an approval of the EC, or even with the EC issuing a negative opinion, EC would still not have any legal basis to order a bankruptcy of any of our banks, as in our country only courts have the legal power to do so. The EC could bring an action before the Court of Justice of the EU in Luxembourg and hypothetically, if they were to win the case, Slovenia would have to pay a fine. I had this conversation with Mr. Čemažar from Bank of Slovenia and together we came to this conclusion: in the worst case scenario, the maximum fee would be about EUR 51 million, in case Slovenia lost. But according to the judicial practice of the Court of Justice of the EU, an action of the EC against a member state due to the state's failure to comply with one of the EC communications was never upheld. If we refer to the Treaty on the Functioning of the EU, it becomes very clear why. Article 288 of the Treaty defines all the legal acts of the EU, it contains the list of EU legal acts and they are as follows: regulation, directive, decision, recommendation and opinion. Then this Article further states that directives, regulations and decisions are binding, while recommendations and opinions are not binding. Communications are not even mentioned in that list. Would you please listen to me Mrs. Bratušek? I am answering your question ...

Mrs. BRATUŠEK: You are not answering the question.

Mr. KOTNIK: Yes I am ... let's continue. In the Official Journal of the EU, communications are not even published within the section L, where legal acts are published; communications are published within the section C. So far, the EC tried three times - I do not know why - but it tried to sue a Member State due to failure to comply with communication and it has lost each and every time, with the Court of Justice of the EU instructing it that communications are not legally binding, they are only guidelines for good practice. You can check this in the court's decisions - one is C-70/06 versus Portugal, the key statement is in the Paragraph 34, the second is C-369/07 versus Greece – Paragraph 112, the third is C-270/11 versus Sweden, Paragraph 41. I don't want to get too philosophical here, but I was telling you all this during the process of preparations for the wipe-out, yet I was completely ignored, no one cared about these facts. I also owe a reply to Mr. Dragonja (State Secretary at the Ministry of Finance). He denies that it was promised to the Ministry of Finance that the equity will be calculated to be negative, says that this was not a binding commitment. However, Mr. Dragonja, the Ministry of Finance has itself submitted last year on 4 February this correspondence between Mr. Mavko (then State Secretary at the Ministry of Finance, now EBRD & Slovenian Bank Assets Management Company) and Mr. Dupont (the C-5 team member of the EC DG COMP) to the Constitutional Court as evidence that the EC has requested a wipe-out and that you therefore had to accept that. So that now I don't understand this. And a reply to Mr. Jazbec. The liquidation value is the one that has to be taken into account simply because you chose to write so into the slovenian Banking Act. I checked the complete Banking Communication looking for a reference to liquidation value, and there is no mention at all in these guidelines, i.e., in the Banking Communication of 1 August 2013 it is not mentioned at all that it is the liquidation value that should be considered. This is written in our law and, I think we can say this openly, we had a conversation some time ago in which we together came to the conclusion that we really had written this law, now I speak in first person even though I had nothing to do with it, but in Slovenia, we had written the law this way so that effectively nothing else than a wipe-out of the subordinated debt can be performed. So I would kindly ask you to confirm that we had this conversation and that we came to this conclusion. Thank you.

Mr. JAZBEC: Answer to Mr. Kotnik. We talked several times and several times, if you allow me we may also continue on familiar terms as we always do, we have discussed a lot on many topics and today you have quoted a couple of times, really, probably you read the reports about the subject of the conversation. And on 17 April 2014 I replied to you in writing: "Tadej (Mr. Kotnik), we are officially in a legal proceeding, therefore I will stop to communicate with you, because I don't trust you. Best regards Boštjan." I don't know if a message may be used as evidence because the messages may be also manipulated and falsified, but it's all I have. Nonetheless, I can confirm that we also discussed the argument you questioned me about. To Mr. Verbič (VZMD President): we are disclosing everything in the courts, even that which cannot be disclosed in public, and therefore your statement that we did not disclose, is wrong. At the Constitutional Court, all decisions about our measures are disclosed.

Mr. KRISTJAN VERBIČ (VZMD President): With regard to the question of data accessibility and "disclosing everything in the courts", as you mention it, honorable Governor (Mr. Jazbec), let me say only that we did not have any access, since they are of course in the classified part of the court files, and if you allow me I would ask our lawyer for an explanation with the exact legal definition and terminology.   

Lawyer MIHA KUNIČ (representative of VZMD and holders of subordinated bonds): Yes, in short, the Ministry of Finance and the Bank of Slovenia have requested that all documents be presented ​​as confidential and that before the Constitutional Court, an internal part of the file would be created. On 30 May 2014, we addressed ​​a request to access these files and the Constitutional Court has partially obliged, which implies that probably your legal department illegally requested that these files should be considered confidential, because the Constitutional Court itself already released a number of documents. Yet, we still do not know how much remains a part of those files still classified and what is therein.

Mr. JAZBEC: Yes, it is true that no one can replicate these methodologies because of the information he lacks. These data are the data that bind the Bank of Slovenia to confidentiality because this follows from the Banking Act.

Mr. VERBIČ: There is much talk about the need to implement and follow the law, but on the other hand, in contrast we hear Governor's claims that they (Bank of Slovenia) are in the grip of the law on public information and public access to public information, in the grip, and are reluctant to reveal the crucial point. So why are those frames not disclosed, and when you are talking about, of course, that external institutions were carrying out these checks and came to these findings, shouldn't you disclose, especially when it comes to taxpayers' money, under what conditions? What are the conditions in the contracts with external institutions? Why so many audits and procedures were needed, until finally they found that there was supposedly just as much negative equity that the complete expropriation could be done.

Mr. ŠIRCELJ: Was the wipe-out justified or something else could have been done as, for example, to exchange these securities into ordinary shares, I am not giving solutions now or anything, but was all this really unavoidable?

Mrs. BRATUŠEK: Once again I want to say that without the wipe-out of subordinated bonds, the restructuring of the banking system would have cost every Slovenian 300 Euro more. However, once again I will say that the option to choose or decide either way, anyway, we did not have at all.

Mr. VERBIČ: The problem is precisely the fact that the bondholders were not offered the possibility to participate in the capital increase, even those who might possibly have been converted from subordinated bonds into the shares, did not have this option. Were they invited at all, and would this be in accordance with the law, of course? While talking about the implementation of the amendment to the Banking Act, yes of course, it was all done in accordance with the amendments to the Banking Act, but the latter was written for exactly this purpose and again, but not surprisingly, a quite significant fact that there was just as much negative equity found in banks, that the expropriation of all holders of both shares and subordinated bonds was justified. Just enough!

Mr. UROŠ ČUFER (former Minister of Finance of the Republic of Slovenia): But to me, however, this initiative was actually close, to seek a compromise proposal, and if the opinion of this committee which exercises the control over public finances is that this would not be an abuse of taxpayers' money, in order to seek a compromise proposal, I would, if I were still minister, also follow this path and would ponder upon the possibilities to look for a compensation in terms of participations in the profits, perhaps of our bad bank or something of this kind.

JANEZ JANŠA (SDS Party Chairman): After that, I phoned somebody I knew at the European Commission and I asked him whether this was really a requirement set by the European Commission. And he told me that the requirement was, certainly, that the holders of subordinated financial instruments bear the burden proportionately, but that the wipe-out was not expected and that they did not require this of anyone.

Mr. VERBIČ: Important international funds have been strongly surprised and dismayed with that what happened. We were able to monitor all these discussions in the international arena directly on behalf of our association and they all were amazed, including at the level of the European Parliament, the European Commission representatives, with whom we had contacts, by the continuous indications that such kind or pressure was exerted or requirements made by their officials.

Mrs. BRATUŠEK: It is not correct that we are deceiving, you are deceiving Slovenian taxpayers, that if it is written in a document that it is only a Communication, that it should be viewed simply as Commission's desires that can be ignored.

Mr. MATEJ TONIN (Chairman of the Parliamentary Group of NSi Party): I'm not a lawyer, but we had among the courses at the Faculty also the Law and there we were taught, I do not know if this is still true, that the only legally binding documents of the European Union were directives and regulations, but not communications.

Lawyer KUNIČ: Several facts. The Constitutional Court in its order dated 06 November 2014 has already stated that the way our Banking Act was amended interfered with the constitution and indicated the possibility that holders of subordinated bonds may succeed with their constitutional initiative presented to the Constitutional Court. This is the first fact. Another fact is that I have to agree with Mr. Arhar (Director of the Bank Association of Slovenia); the EC Banking Communication of 30 July 2013 is only a useful tool, an internal act of the Commission. The case law of the Court of the EU is crystal clear; this is not a binding legal source at all. In the case that an aid would be granted, if a dispute would arise, it would be judged under the EU directives. If I make an analogy, the tax authority of the Republic of Slovenia has its internal rules that everybody must comply with, but it is only a tool for concerted action in a big body; in the event of a legal dispute, the law would be followed, not internal acts. The same applies, having the same weight, to a Communication in the case law of the Court. Which means that exactly this issue was addressed by the Constitutional Court to the European Court of Justice (in Luxembourg), but we must not forget that in a number of case-law decisions of the Court for Human Rights in Strasbourg has already stated: "Hereby, what is assessed is always the compliance with human rights, as enshrined in the Treaty on the Functioning of the EU, and this will determine the court's final decision." In short, actually there are procedures running before the administrative court and also before the Constitutional Court. Civil judicial procedures have not yet been opened. Why? Since there is a kind of waiting for the procedures of the Constitutional Court to come to an end, but given the nature of the case we will eventually come to the very limit, which means that the Slovenian ordinary courts may face additional lawsuits for 600 million euro of compensation. And you should be aware also of the following fact: if the holders of subordinated bonds do not establish claims back to the bank, the statutory default interests will start to accrue as of a given date.

Mr. ARHAR (Director of the Bank Association of Slovenia): If the domestic Banking Act were not changed, we would not have been forced to do anything solely on the basis of the decision of the EU. The EU does not interfere in such manner with the authorities and we have been discussing this change in domestic legislation. Professor Kotnik also mentioned it earlier. Our opinion on the prepared legislation was negative. Why was it negative? Because we were aware of, if you remember, in March 2013, the actions in Cyprus. What was happening in Cyprus? The result was fear, even renewed speculations on the fate of the euro. The withdrawals of funds started and so on. When talking about money, the first and the last word is "trust."

Mr. JAZBEC: The first accusation that we forged documents; you would probably require someone to present a document that was supposed to be counterfeited and to attach the original document.

Mr. KOTNIK: There are writings about counterfeiting or forgery. I've never used these terms, which represent an offense under our Criminal Code (KZ 1). What I used were the terms distortion and manipulation. This is not necessarily a criminal offense in KZ 1, it is a milder form.

Mr. JAZBEC: The allegation that Slovenia has been treated worse than other countries stems from the fact that the economic situation in 2012 and 2013 was worse than in other countries. And the negotiations on individual issues were held on a daily basis, therefore I can hardly understand the complaint that there was any kind of change in the methodologies, that now some of you want to polemicize.

Mr. KOTNIK: Are some pretending to be ignorant here!? I do not know. One of my sources from the Bank of Slovenia told me on 28 October 2013, and I quote: "The methodology is negotiated every day, and from EC they continuously exert the pressure and will not let it pass unless the equity is all negative and a complete wipe-out is performed," unquote. As a proof, I propose that the National Assembly or an eventual committee of inquiry obtain the files of the stress tests evaluations from that period and with the equity calculations, both for the operating company (going concern) as well as for non-operating company (orderly liquidation). You should obtain all successive working versions of these files, how they have evolved between 15 August 2013 and 12 December 2013 included. Now, the Bank of Slovenia may probably claim that these intermediate files do not exist, that the equity was calculated only once, on 12 December 2013, but this is not true. These simulations were running for at least two months, changing daily weakening ratios for various assets. Therefore, once again, you should obtain these intermediate data files from the Bank of Slovenia. It would be advisable to obtain them independently from the evaluators themselves, the best thing would be to do it right now. Let me quote the Governor again: "Methodology and assumptions are subject to everyday negotiations and adjustments." And these adjustments, if I am now very exact, were held until 9 December 2013 morning. On that day, the value of one of the capital buffers was finally fixed, they changed it by hundreds of millions of euros. It was an agreement, concluded on that day between the Bank of Slovenia and the asset reviewing companies. You should verify this at the Bank of Slovenia, as additional evidence that the Bank of Slovenia actually had a significant impact on the methodology and that on 9 December morning, it changed it substantially. By this, the sixth link in this chain was fixed, determining the final methodology. After four months of daily negotiations and adjustments, the companies Deloitte, Roland Berger, Ernst & Young and Oliver Wyman launched a final round of calculations on 12 December 2013 and in all banks they found equity to be negative enough, here is one such graphic circulating, so, negative enough to wipe out all subordinated bonds of all classes everywhere and anywhere, in sharp contrast to the strongly positive equity in accordance with the International Accounting Standards, as reported on the same day by those banks. All of this because the promise of the restructuring plans was already made ​​and therefore it had to be fulfilled, as it was given in writing.

Mr. JAZBEC: The most frequent accusation to the Bank of Slovenia is that it did not publish the methodologies. They are available on the website of the Bank of Slovenia and anyone with access to the Internet may easily access this data and methodologies' reviews.

Mr. LUKA MESEC (Head of the Parliamentary Group of ZL Party): On your web pages, very patchy, censored methodologies are published and certainly not the data on how this methodology changed over time. To quote the economist Jože P. Damjan, this publication of yours was a definition of emptiness.

Mr. JAZBEC: Were Slovenian banks in this whole process overcapitalized or Slovenian banks have too much money or we Slovenian taxpayers have paid more money? Changes in the capital adequacy ratio show that Slovenian banks were over the whole period from 2008 onwards less adequately capitalized than the average of the EU and the euro area, and the data are not exclusive data of the Bank of Slovenia, but are official data of the ECB. And if you take a look, only with the recapitalization at the end of 2013 we managed to put the Slovenian banks on a comparable level of the average of European banks in the euro area.

Mr. ŠIRCELJ: Deutsche Bank 12.8, Commerce Bank 12.1, Royal Bank of Scotland 8.6, Societe Generale 10 percent, UniCredit 10.57, Raiffeisen 10.10, ... yet Nova Ljubljanska banka 16.60, Nova Kreditna banka Maribor 20.45.

Mr. MESEC: In the Združena levica (United Left Party - ZL), we find that the suspicion is that the stress tests, published in 2013 and October 2014, were carried out implausibly, that the responsibility of the Bank of Slovenia herein is objective, that you concealed the methodology, that you manipulated the data and that therefore, the damages were caused to the bondholders, small shareholders, as well as to the Citizens of the Republic of Slovenia, who have, according to Mr. France Arhar, overpaid the recapitalization of Slovenian banks by 1 to 1.5 billion euros.

Mr. VERBIČ: Indeed, elements appear that we may say that we are facing a plunder of the century. Without any wish to be populistic, but on the basis of actual facts, practices, circumstances. What is the five billion amount in this period, approximately, of invested taxpayers' money in Slovenian banks in the banking system all about? Let's say, that a typical example of that what is happening is the NKBM bank. Recently, we have witnessed that it is being offered for sale for 150, maybe 200 million euros, while we know that this bank, due to its overcapitalization, now stands close to 24 percent capital adequacy, which is much more than 10 percent, which is the average at the level of the EU and which is required. It means that those who would buy the bank, let's say for 200 million euros, would in fact be able, besides owning the bank, to directly and immediately withdraw from it at least 150 million euros approximately. Leaving aside even the government bonds, which will remain in the bank's portfolio and leaving aside the fact that this bank is actually a system, including the Postal Bank as a part of this system, all real estate, all claims. And a similar situation is faced by the entire banking system in the Republic of Slovenia, we are faced with the fact that the taxpayers paid so much, firstly, on basis of the result that was desired - obviously to present the situation as undercapitalized. As a result, they overcapitalized these banks and now these banks are filled, those banks as a complete system are under such conditions. I want to absolutely distance myself from the insinuations related to hindrance of privatization and similar stuff, but nevertheless, here in this particular case and because of this, the association has filed with the Constitutional Court a request for temporary suspension of sales procedures of the NKBM. Why are the sales operations related to the banks also problematic? Because by the sale, and some, of course, strongly wish to hurry with it, but afterwards it will be much more difficult, if possible at all, to get the data, to clarify what was really happening in these banks.

Mrs. BRATUŠEK: And secondly, to Mr. Arhar, I do not know, you've been Governor of the Bank of Slovenia, but in your opinion, could the rules of the European Central Bank, European Commission have been avoided and the help to Slovenian banks been carried out, and, if yes, how?

Mr. ARHAR: I put the same question in Europe, in Brussels. When we talk about state aid, how is State aid to be treated, if I, meaning the State, am the bank's owner? Is this a self-help? In fact, we haven't asked Europe for anything prior to the Communication of 1 August 2013. Over 4 trillion was the total State aid given (throughout EU), in cash, in guarantees and so on. The Belgian KBC, the co-owner of the NLB bank, was a private bank, it received state aid and, of course, with the state aid, commitments and so on. Tell me, what have we got from Europe? What amount of money we got from Europe? I do not know of any. We did not get any amount. Yet we had to commit.

Mr. ŠIRCELJ: I am opening the vote…

Mr. VERBIČ: Well, we can rarely see such homogeny in the National Assembly and in politics. It makes me pleased, especially because I think that the civil society, and particularly our association (VZMD), prepared very precisely and carefully the arguments, the evidence, and I thank you for the opportunity to present them to the Commission for Public Finance Control of the National Assembly and to meet here the representatives of the Bank of Slovenia and the Ministry of Finance. Considering the fact that all the decisions proposed were also adopted, it fills us with hope that in a reasonable time, which means as soon as possible, the situation in the Slovenian banking system will normalize, with taxpayers and particularly those who have been double-hit here, I mean the expropriated persons, will get back what belongs to them. In any case, we are doing this in order to achieve what is right, and to reach the justice for the interests of expropriated bondholders and shareholders does not only represent the care solely for their interests. In this case, it is a concern in the interest of all taxpayers and citizens, last but not least because the functioning of banking and related operability of the whole economic system in the Republic of Slovenia are needed to assure a perspective for the country and also for future generations. 

The PanSlovenian Shareholders' Association (VZMD) all from October 2014 has been actively cooperating in the harmonization of the text of the Proposed directive of the European Parliament and Council of the EU regarding changes to the 2007/36/ES directive for encouraging the long-term shareholder engagement and the 2013/34/EU directive regarding specific elements of the declaration about company management. Upon the conclusion of harmonizing the 3rd proposed compromise, the Expert Council of VZMD expressed satisfaction, as the greater proportion of proposals of VZMD were accepted; and were also coordinated with proposals of Better Finance - The European Federation of Financial Services users, where VZMD has a member on the Executive Board, Mr. Kristjan Verbič.

Upon considering the opinion of the legal service to the Council of the EU, it will be necessary to crystallize the text of the proposal of the directive, especially in relation to the widening of the directive's validity to all intermediaries from non-member states, which execute for shareholders the services of storage and management of securities in connection with EU shares, as well as for reasons of conformity of the proposed directive with the directive, which regulates personal data protection. VZMD will endeavor to also collaborate in the procedures of acceptance of implemented acts, for which the directive authorizes the European Commission.


In line with satisfaction upon the developments and results of the procedure of coordinating the proposed directive at VZMD once again is warning of completely different practices as well as catastrophic repercussions, which is brought up by – with the same directive connected, the proposed amendment to the Book Entries Securities Act (ZNVP), with which the Ministry of Finance of the Republic of Slovenia among others proposes the termination of registry accounts at the Central Securities Clearing Corporation (KDD), obscuring ownership structures, lowering the level of legal security, making it more difficult to attend meetings, additional financial and social burdens, explicitly reducing the number of minority shareholders and the proportion of domestic ownership in Slovenian companies, etc.

This is how Mr. Verbič described the proposed amendment to the Book Entries Security Act: »Securities will migrate to administration accounts of brokerages and banks, which will bring obscurity to ownership structures, the lowering of the level of legal security - for example, upon bankruptcy securities might end up in the bankruptcy estate, which has already been seen - it will burden and make it more expensive to participate at meetings as it will be necessary to have an individual acknowledgment and the extra cost, it might attract commissions in the (re)transfer of dividends, and yearly costs of management, demurrage etc. will make shareholders dispose of their securities and leave the capital market - therefore a totally irrational or even suicidal move from the point of view of a capital market functioning, as well as savings, (additional) care for retirement, etc.«

The third proposed compromise of the Directive for encouraging long-term shareholder engagement of the European Parliament and Council of the EU is at the same time an important fruit of collaboration of VZMD and 31 national associations of shareholders and investors within the framework of EuroFinUse – Better Finance. The European Federation of Financial Services Users on 27 October 2014 published the stance on relation to the proposed change to the 2007/36/EC directive, which was formed taking into account the opinions and commentaries of connected national associations.

VZMD already on 6 October 2014 sent its remarks and proposals also directly to the Slovenian Ministry for Economic Development and Technology – and sent on 28 October 2014, also to the Ministry of Finance its remarks and proposals regarding the Book Entry Securities Act. On the same day, at the 15th conference of the »European Corporate Governance Conference« in Milan, the Executive Director of EuroFinUse, Guillaume Prache, presented the collective point of view , where he pointed out that the directive should enable voting free of charge to all individual shareholders within the EU, also in cases when the shareholder comes from a country other than that of the body issuing the security. A number of European shareholders are still unable to exercise their voting rights in companies, while others must pay additionally for the exercise of the said rights. He also warned about the frequently unfriendly legislation to the association of individual shareholders and investors.  

The president of VZMD also presented proposals and remarks in relation to the proposed directive and problems of the Book Entry Securities Act to a number of eminent participants of international meetings and conferences, representatives of influential European companies, associations and institutions, among them in November in Brussels, upon the completion of the 8th tour as well as in December in Wiesbaden, within the framework of the 9th tour of the international business-investor programs of the VZMD: Invest to Slovenia - investo.si and the International Investors` Network - invest-to.net

The PanSlovenian Shareholders' Association (VZMD) is on behalf of expropriated shareholders of Nova KBM, who joined procedures under the wing of VZMD, lodged at the Constitutional Court of the Republic of Slovenia a proposal for the issuance of a temporary decree for prohibiting the sale of NKBM, until a decision has been made regarding the Initiative for judging the constitutionality of the contentious amendment of the Banking Act (ZBan-1L). The latter namely established the foundation for expropriation close to 100.000 shareholders of NKBM – alongside the shareholders of five other Slovenian banks, collectively with 2.000 holders of subordinated bonds as well as cca. 500.000 citizens, who save in pension fund companies, trust and insurance companies.

The proposal for the issuance of a temporary decree for the prohibited sale of NKBM was lodged by VZMD via attorneyTamara Kek, as well as mentioned Initiative for judging the constitutionality of ZBan-1L - please see the VIDEO from the press conference of VZMD regarding the May 2014 lodged Initiative regarding erased stocks or in other words, on behalf of expropriated shareholders of Slovenian banks. They were able to join the procedure for the protection of their rights, interests and assets, as led by VZMD, without any kind of costs whatsoever, onlywith a signature, published on the network of VZMD, in relation to the documentsAttorney Authorization and Statement of securities ownership.

In view of numerous and diverse procedures which VZMD initiated on behalf of  expropriated holders of Slovenian bank bonds - as well as with this connected  intensive activities home and abroad - the VZMD president Mr. Kristjan Verbič, regarding that Proposal to the Constitutional Court once again pointed out: »On the basis of the considerably disputable and the absolutely shocking amendment to the Banking Act from the point of view of repercussions, in addition to the incredible damage to the Slovenian business-investment environment and credibility - despite funds and investment institutions, home and abroad - at the Ljubljana and Warsaw Stock Exchanges, there were more than 100.000 small, largely uninformed investors expropriated, also due to the much publicized public sale of the state's share in NKBM, as well as holders of stocks and subordinated bonds ofNLB, NKBM, Abanka and Banka Celje not to mention Probanka and Factor banka.«

In this regard, it is worth also pointing out, that on 17. November 2014 Mr. Peter Glavič, representative of the Civil Initiative »Erased Small Shareholders of NKBM«, and Mr. Verbič, to the members of Parliament of the Republic of Slovenia, directed an Initiative for the establishment of an investigative commission, which should finally uncover the questionable methodology and calculations as well as the notes of the Inter-Ministerial commission and the Steering committee. This was also supplemented by an Analysis of the happenings over the last five months and Emphases and discoveries of expert associates of the VZMD, which were otherwise sent to the  National Assembly of the Republic of Slovenia already in May 2014, but were until last week unfortunately not discussed (VIDEO). The initiative, together with rationale, was also sent to the President of the Government of the Republic of Slovenia, the President of the National Council of the Republic of Slovenia, Slovenian members of the European Parliament, the Minister for Finance and to the Governor of the Bank of Slovenia

Therefore, on 19. November 2014 they also wrote to the President of the Government of the Republic of Slovenia and the Slovenian Sovereign Holding (SDH) and suggested the pre-emptive purchase of stocks for €150 million (at that time the highest known offer). Also offered was an agreement solution for erased stocks in the paid up amount of €524 million + €64 million, taking into account interest and dividends in the years 2007-2014. Assets would be collected from expropriated shareholders and holders of subordinated bonds, funds, employees in NKBM, business entities, local communities, citizens, etc. Expropriated holders of stocks and non-subordinated bonds as well as employees would have, in the sale of NKBM, preferential purchase rights, where during the acquisition of, the state would have to take into consideration the previously taken away property.

The cabinet of the President of the Government of the Republic of Slovenia sent the mentioned offer to the Ministry of Finance of the Republic of Slovenia, which on 5 December 2014 responded that it will not comment on the offer until the decision of the Constitutional Court of the Republic of Slovenia is known. Immediately upon the announcement of the extended deadline for collecting binding offers, the representatives of the Civil initiative and theVZMD directed the offer to the Slovenian Sovereign Holding. The response was received before the holidays - in which the Slovenian Sovereign Holding »cites«conditions of the European Commission – the subsequent inclusion of an additional bidder in the selling process bypassing tendered conditions could represent a problem from the point of view of the forbidden state aid. They suggested that the initiators directly contact their financial advisor Lazard Frères. This they also did, however the opportunity to hold serious discussions with the executive director Nicole Arditti came only after the holidays and unfortunately, they did not bring about satisfactory results.

»In view of the fact that it is impossible for citizens, as buyers or investors - and not only as payers, taxpaying system rescuers and expropriated persons - to participate in the procedures of the sale of state owned assets, VZMD, and with us connected civil initiatives, are all the more active in also collaborating withcommunity associations and movements 'Citizens against sell-off',«which was pointed out by Mr. Verbič during the active participation at public panel discussions»NO SELL-OFF, BUT BETTER CORPORATE GOVERNANCE« in Ljubljana and in Maribor as well as at the press conference, upon the announcement of the public assembly against the sell-off of public assets, about which the team from VZMD.tv / investo.TVprepared aVIDEO NEWS COVERAGE: the public panel discussion in Ljubljana's Cankarjev dom and the press conference in the premises of the Slovenian Academy of Sciences and Arts.

The proposal for the temporary decree for the prohibited sale of NKBM was lodged by VZMD in accordance with Article 161 of the Constitution of the Republic of Slovenia, in which the Constitutional Court may, on conditions provided by law and until the final decision in total or in part, withhold the execution of the act which constitutionality and regularity is assessed. The same authority is provided by Article 39 of the Constitutional Court Act to the Constitutional Court, stating that Constitutional Court, until the final decision in total or in part, may withhold the execution of legislation or other regulation or general act in relation to the execution of a public authority, if by nature of its execution, irreversible damage may result as a consequence. The initiators wish, with the lodging of the proposal for the temporary retainment of the state's activities in connection with the sale of NKBM d.d., which the state is executing on the basis of public authorization, on the basis of which the decision in relation to the privatization of state assets is made, to prevent irreversible and irreparable damage, which may arise on one hand to initiators and also to expropriated holders of stocks in NKBM d.d. on the basis of already declared and unconstitutional exceptional measures on the basis of the disputed arrangement according to Banking Act, and on the other hand to the bank and state, which intends to sell the respective bank for less than its book and market value, which will consequently also affect public finances and the national interest. .

The initiators were long-term owners of stocks in NKBM d.d., as during the 2007-2013 period they didn't sell; and it was long-.term investors that were espoused by the state, as per the Brochure extract for the offer of public stocks (Nova KBM, November 2007, point 5.2.7). The expropriation and erasure of stocks, executed on 17 December 2013 with the Bank of Slovenia's resolution for extraordinary measures, represents an unlawful deprivation of assets, which is in conflict with the constitution and with the Convention for the Protection of Human Rights and Fundamental Freedoms. Notwithstanding this, it also contributes to constitutional impermissible and unfair competition to foreign legal entities in comparison with local entities. The procedure for asset deprivation was connected with a number of proven, unlawful, non-constitutional and fraudulent actions of the state. Therefore, initiators to the Constitutional Court suggest that it decides for the temporary suspension of the sale of NKBM, until a decision regarding the initiative has been made.

On 18 December 2013, the Constitutional Court rejected the proposal of owners of subordinated bonds for the temporary suspension of the execution of articles of the amended Banking Act (ZBan-1L), which enabled the erasure of those securities and the expropriation of their owners. At that time the recapitalization of banks was being prepared, which the temporary decree would halt (this would have been better for the shareholders), the Constitutional Court decided on the basis of unfounded threats from the state and the Bank of Slovenia that the suspension of erasure would lead to insolvency proceedings of the three largest banks and the collapse of the entire financial system in the Republic of Slovenia. With regard to subordinated bonds, the matter concerns the bank's financial commitments with a precisely determined value both of principal and the associated interest, therefore the fair financial redress is possible at a later time.

However, the stocks are different. The value of stocks fluctuates, however they yield benefits over the long-term better than term deposits in banks. The majority of foreign stock indexes now already exceed the pre-recession level, while the Slovenian, due to poor management of the state and forced closeouts is still far from the level which it attained in years before the recession. Therefore with regard to this proposal, initiators and investors demand the return of stocks to the value of paid up assets, increased by associated interest and reduced by paid out dividends. If the bank will be sold, a normal increase in the value of the stock will no longer be possible, damaging ramifications will no longer be reparable, as the state will no longer be able to return the stocks. And 'to sell' (effectively to give away) it for a proposed third (€200 million) of its book value (which on 30 September 2014 amounted to €624 million) or a tenth of the objective obtainable value (€1,900 million), is damaging on a national level.

Already from the aforementioned it is clear that with the sale of NKBM before the decision of its initiative addressing the constitutionality of the Banking Act, for which initiators are of the opinion that it is totally reasonable, undeniably worse and disproportionate repercussions arose in comparison with benefits, which on the other side will remain with NKBM and the banking system. With regard to publicly accessible data, as already mentioned, the state intends to sell NKBM far below its book value, which means, that such a sale of a bank in state ownership is not in the interests of the state and citizens of the Republic of Slovenia

With regard to the foregoing, the initiators are certain that to them (as well as to all other ex-shareholders of NKBM), also upon taking into account the unsuitable and constitutionally non-compliant compensation protection pursuant to ZBan-1L, in the case of NKBM's sale before the decision regarding its initiative and related lodged initiatives regarding the decision on constitutionality of ZBan-1, will be faced with undoubtedly irreversible adverse consequences. On the other hand, the damage, as already described, will be inflicted to the bank which will be sold far below its book value. In so doing, the direct damage will be also inflicted to the state and citizens of the Republic of Slovenia

Doha-presidentLast week the Slovenian business delegation returned from a handball colored Doha, where after five intensive days, the official part of events was concluded with abusiness lunch with the following honorary guests: Qatar's Minister of the Economy, His Excellency Sheikh Ahmed bin Jassim Al Thani, His Excellency Sheikh Mohammad Bin Faisal Al Thani and His Excellency Sheikh Faisal Bin Qassim Al Thani, one of Qatar's most influential businessmen. At the business lunch, held at the eminent Ritz-Carlton hotel, the main contingent of the Slovenian delegation spoke with high profile guests about the possibilities of investment and business cooperation, in which the President of the PanSlovenian Shareholders' Association (VZMD), Mr. Kristjan Verbič, also actively participated.

Directly after the conclusion of the business lunch and gathering, His Excellency Sheikh Faisal Bin Qassim Al Thani, invited the VZMD President to a meetingwithin the framework of Al Faisal Holding, one of Qatar's most important business entities, to which he is the founder and Chairman of the Board. At the meeting, President Verbič met with some leading representatives of the holding and spoke with them about concrete projects and steps to setting up a business-investor 
DOHA-2collaboration
. After an extremely promising meeting, he attended the match between Slovenia and Qatar, after which the Slovenian delegation set off for home.

Monday's meeting was again one in a string of promising meetings at the highest business and political level, upon the visit of the President of the Republic of Slovenia, His Excellency Borut Pahor and a business delegation of companies Gorenje, Riko, Halcom, Elan Inventa, Telekom SlovenijePetrol, Union hotels, HIT, NLB, Evrosad, Bluemarine, Amicus and the PanSlovenian Shareholders' Association (VZMD), as well as striking events within the framework of the »Slovenian center in Qatar«, which were, upon the World Handball Championships – 2015, organized by the Chamber of Commerce and Industry of Slovenia, the Ministry of Foreign Affairs of the Republic of Slovenia, the Handball Association of Slovenia and SPIRIT Slovenia, the VZMD also collaborated as a sponsor, with the international business-investor programs: Invest to Slovenia (investo.si) and International Investor' Network (invest-to.net).

Upon Monday's business lunch and meeting at Al Faisal Holding, the President of the PanSlovenian Shareholders' Association in the previous two days attendedthe festive opening of the »Slovenian center in Qatar«, which, alongside President Pahor and the President of the Handball Association of Slovenia, Franjo Bobinac, was also attended by a number of representatives of companies and institutions from Slovenia and Qatar. The presentation area of the VZMDand programs investo.si and invest-to.net, which were located in the central part of the »Slovenian center in Qatar«, were, upon numerous and excellent Slovenian representatives, visited by a number of respected guests which expressed considerable interest in Slovenia and the business-investor programs of theVZMD.


DOHA-3On Sunday, President Verbič also attended 
a reception for Slovenian businessmen in Qatar, where he met with numerous people from the Slovenian community, as well as members of the Slovenian national handball team.As a member of the narrower delegation, President Verbič, within the framework of official and unofficial work of Saturday's business event »Opportunities in Slovenia and Qatar«, also met and spoke with His Excellency Sheik Khalif Bin Jassem Bin Mohammed Al Thani  as well as his co-workers. In light of the discussion, the VZMD President of the PanSlovenian Shareholders' Association, as a non-governmental organization representative, supported Mr. Borut Pahor, President of the Republic of Slovenia and Mr. Aleš Cantarutti, the State Secretary, in terms of opportunities in Slovenia stressed that »it is now actually the right time to invest in Slovenia, despite previous specifically unpleasant experiences with regard to acquisition interests in Adria Airways and Nova KBM, which are now again in the process of being sold«. With respect to interest shown, in connection with the food industry, as well as interested parties, he also pointed out concrete possibilities, among others an in-depth collaboration with Perutnina Ptuj (Ptuj Poultry Group).

Upon successful presentations during the past two years in AstanaAlmatyBaku,  BelgradeBledBratislavaBrusselsBuenos AiresBuffaloBucharestCape Town,Celje, Dubai, ViennaGrodnoHelsinkiIstanbulYaroslavlKievCopenhagenLjubljanaMadridMinskMontevideoMoscowNew DelhiNew YorkOuagadougou,ParisPiranPrajaReykjavikTehranTokioTorontoWarsawWiesbaden and Zagreb, the international business-investor programs of the PanSlovenian Shareholders' Association will also this year continue providing efficient attendance and presentation to its partners on five continents.

If you would like to participate in our activities or events, you are kindly invited to contact the investo.si program coordinator at the PanSlovenian Shareholders' Association, by telephone on +386 31 770 771 or by e-mail at: This email address is being protected from spambots. You need JavaScript enabled to view it..

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