Slovenia -- Securities Classification Regulatory Overview
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RESEARCH: Slovenia Cryptocurrency and Digital Asset Securities Regulatory Requirements
Executive Summary
- Slovenia permits cryptocurrency and digital asset activities as legal undertakings, though specific national implementing legislation for MiCA had not been published in the Official Journal of the European Union as of the source material, meaning the EU-level framework directly governs digital asset securities matters. EUR-Lex - Official Journal of the European Union
- The Securities Market Agency (ATVP) is the national competent authority responsible for supervising investment firms and securities markets in Slovenia under the MiFID 2 framework. Prudential supervision of investment firms | EUR-Lex
- Authorisation to operate as an investment firm, including for crypto-asset securities services, is granted under Directive 2014/65/EU (MiFID 2), which Slovenia has transposed into its national legal order. Prudential supervision of investment firms | EUR-Lex
- The prudential supervision regime for investment firms operating in Slovenia is governed by Directive (EU) 2019/2034 and Regulation (EU) 2019/2033, which are directly applicable obligations supplemented by Slovenian transposition measures. Prudential supervision of investment firms | EUR-Lex
- No Slovenian-specific licensing decisions for crypto-asset service providers were identifiable from the source text; the practical reality is that entities must look to EU-level frameworks and ATVP guidance for authorisation matters until national MiCA implementation is published in the Official Journal. EUR-Lex — Access to European Union law — choose your language
Regulatory Framework
- Slovenia is an EU Member State whose legal order is bound by EU regulations and directives; EU secondary law, including regulations on digital asset securities, is published in the Official Journal of the European Union and is accessible via EUR-Lex. Access the Official Journal - EUR-Lex
- The Official Journal of the European Union is the official gazette for EU legal acts, and since July 2013 only the electronic edition published on EUR-Lex is authentic and produces legal effects — this is the authoritative source for EU securities legislation applicable in Slovenia. Access the Official Journal - EUR-Lex
- The legal basis for publication of EU legal acts, which bind Slovenia, is set out in Article 191 of the Treaty establishing the European Economic Community and Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union. Access the Official Journal - EUR-Lex
- The Official Journal comprises two series: L (Legislation) containing regulations, directives, decisions and international agreements, and C (Information and Notices) containing preparatory acts and announcements — digital asset securities rules applicable to Slovenia appear in the L series. Access the Official Journal - EUR-Lex
- The Securities Market Agency (ATVP) is the relevant national authority in Slovenia responsible for supervising investment firms, exercising the supervisory and investigatory powers conferred under Directive (EU) 2019/2034. Prudential supervision of investment firms | EUR-Lex
- Directive (EU) 2019/2034 of 27 November 2019 on the prudential supervision of investment firms, published in OJ L 314 of 5 December 2019 (pp. 64–114), is the primary EU legal instrument governing prudential supervision of investment firms operating in Slovenia. Prudential supervision of investment firms | EUR-Lex
- Slovenia's securities market framework is built on Directive 2014/65/EU (MiFID 2), which provides the legal framework for securities markets, investment intermediaries and trading venues, and under which investment firms are authorised and supervised. Prudential supervision of investment firms | EUR-Lex
- Directive (EU) 2019/2034 applies to investment firms authorised under MiFID 2 and requires that national authorities supervise investment firms operating in Slovenia, including those dealing in crypto-asset securities. Prudential supervision of investment firms | EUR-Lex
- The directive does not apply entirely to investment firms whose consolidated assets equal or exceed €15 billion; these class 1 firms are supervised under Titles VII and VIII of Directive 2013/36/EU instead of Titles IV and V of the investment firms directive. Prudential supervision of investment firms | EUR-Lex
- The European Banking Authority (EBA) draws up draft regulatory technical standards in consultation with the European Securities and Markets Authority (ESMA) and reports to the European Parliament and Council on convergence under the review process, meaning Slovenia's regulators participate in EU-wide supervisory convergence for investment firms. Prudential supervision of investment firms | EUR-Lex
- Amending Directive (EU) 2023/2864 inserts an article in Directive (EU) 2019/2034 requiring that from 10 January 2030, Member States ensure investment firms submit regulated information to the collection body and notify ESMA for the purposes of the European single access point established under Regulation (EU) 2023/2859. Prudential supervision of investment firms | EUR-Lex
- The European Commission has the power to adopt delegated acts for 5 years from 25 December 2019, and has adopted several delegated regulations supplementing Directive (EU) 2019/2034, including Delegated Regulations (EU) 2021/2153, 2021/2154, 2021/2155, 2022/2579, 2023/1117, 2023/1118, 2023/1651 and 2023/1668. Prudential supervision of investment firms | EUR-Lex
- Slovenia, as an EU Member State, participates in the European System of Financial Supervision and the European Systemic Risk Board, and national authorities must cooperate closely with these bodies on investment firm supervision. Prudential supervision of investment firms | EUR-Lex
- National authorities in Slovenia must respect professional secrecy and confidential information requirements when carrying out supervisory duties under the directive. Prudential supervision of investment firms | EUR-Lex
- Slovenian authorities may conclude cooperation agreements with non-EU-country supervisors, facilitating cross-border oversight of investment firms and digital asset securities activities. Prudential supervision of investment firms | EUR-Lex
- EU law is accessible through EUR-Lex, which contains the electronic version of all Official Journals going back to 30 December 1952, when the first Official Journal of the European Coal and Steel Community was published. Access the Official Journal - EUR-Lex
- The Official Journal is published from Monday to Friday, and in urgent cases on weekends and public holidays, in the official languages of the EU at the time of publication, numbering 24 languages. Access the Official Journal - EUR-Lex
- From 1 October 2023, the Official Journal is no longer a collation of acts with a table of contents; each act is published individually as an authentic Official Journal in its PDF format. Access the Official Journal - EUR-Lex
- The relevant Slovenian legislation must be transposed from EU directives; Directive (EU) 2019/2034 had to be transposed into national law by 26 June 2021, with rules applying from that date except for client-initiated services rules which applied since 26 March 2020. Prudential supervision of investment firms | EUR-Lex
- Regulatory technical standards under the delegated acts adopted by the European Commission include specifications on criteria for subjecting investment firms to Regulation (EU) No 575/2013 requirements, staff identification criteria, classes of instruments for variable payments, authorisation application information, and information exchange between home and host Member State authorities. Prudential supervision of investment firms | EUR-Lex
- The Directive also includes Delegated Regulation (EU) 2023/1651 on technical standards for specific liquidity measurement of investment firms under Article 42(6), and Delegated Regulation (EU) 2023/1668 on technical standards specifying measurement of risks not covered by own funds requirements under Regulation (EU) 2019/2033. Prudential supervision of investment firms | EUR-Lex
- The European Commission is tasked by the directive's review clause to prepare, in close cooperation with EBA and ESMA, a report on various aspects of the directive for the European Parliament and the Council. Prudential supervision of investment firms | EUR-Lex
- EU legislation summaries, including that for prudential supervision of investment firms, are available on EUR-Lex and provide a comprehensive overview of the rules applicable to Slovenia as an EU Member State. Prudential supervision of investment firms | EUR-Lex
- The EUR-Lex portal provides access to EU law in all 24 official languages of the EU, including Slovenian, ensuring national accessibility of digital asset securities legislation. EUR-Lex — Access to European Union law — choose your language
- EUR-Lex serves as the official access point for EU law and contains the electronic version of all Official Journals, making it the authoritative resource for determining the legal framework applicable in Slovenia. EU law - EUR-Lex
Licensing Requirements
- Investment firms in Slovenia, including those dealing in digital asset securities, must obtain authorisation under Directive 2014/65/EU (MiFID 2), which provides the legal framework for securities markets, investment intermediaries and trading venues. Prudential supervision of investment firms | EUR-Lex
- The authorisation process requires that Directive (EU) 2019/2034 rules on prudential supervision apply to investment firms authorised and supervised under MiFID 2, setting out initial capital requirements. Prudential supervision of investment firms | EUR-Lex
- Capital requirements for investment firms are set out by Regulation (EU) 2019/2033, and the investment firms directive grants relevant national authorities in Slovenia the right to add to these requirements. Prudential supervision of investment firms | EUR-Lex
- The relevant national authority in Slovenia is the Securities Market Agency (ATVP), which supervises the activities of investment firms and, where applicable, of investment holding companies and mixed financial holding companies. Prudential supervision of investment firms | EUR-Lex
- The ATVP has all necessary information-gathering and investigatory powers, including the ability to carry out on-the-spot checks, to verify compliance with licensing obligations. Prudential supervision of investment firms | EUR-Lex
- Investment firms that do not comply with the directive and Regulation (EU) 2019/2033, or that are likely to breach national provisions, may be required to take necessary measures at an early stage as determined by the relevant authority. Prudential supervision of investment firms | EUR-Lex
- Investment firms in Slovenia must have robust governance arrangements as a condition of authorisation, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility, effective processes to identify, manage, monitor and report risks, adequate internal control mechanisms including sound administration and accounting procedures, and pay policies consistent with sound and effective risk management. Prudential supervision of investment firms | EUR-Lex
- Investment firms must record all their transactions and document their systems and processes subject to the directive and Regulation (EU) 2019/2033, allowing for effective supervision by relevant authorities. Prudential supervision of investment firms | EUR-Lex
- Investment firms must apply appropriate internal procedures that enable employees to report any breaches of the directive, its transposition under national law, or Regulation (EU) 2019/2033. Prudential supervision of investment firms | EUR-Lex
- Investment firms in Slovenia must provide information on branches in other Member States or in non-EU countries, such as turnover, profits and losses, and the number of employees, on an annual basis. Prudential supervision of investment firms | EUR-Lex
- Investment firms that benefit from special public financial support may not make any variable payments to members of the management body. Prudential supervision of investment firms | EUR-Lex
- The relevant authority in Slovenia must review and evaluate the arrangements, strategies, processes and mechanisms that investment firms have in place to comply with the directive and Regulation (EU) 2019/2033. Prudential supervision of investment firms | EUR-Lex
- The relevant authority may intervene in the activity of investment firms in an effective and proportionate way by increasing the amount of own funds they must have, for instance, in order to be appropriate to their risk profile. Prudential supervision of investment firms | EUR-Lex
- The relevant authority must make publicly available information including the applicable legislation, criteria and methodologies they use for supervision and statistical data they have collected. Prudential supervision of investment firms | EUR-Lex
- An undertaking must provide information in its application for authorisation in accordance with Article 8a of Directive 2013/36/EU, as specified in Commission Delegated Regulation (EU) 2022/2579. Prudential supervision of investment firms | EUR-Lex
- Competent authorities of home and host Member States must exchange information under conditions specified in Commission Delegated Regulation (EU) 2023/1117, and colleges of supervisors exercise their tasks under conditions in Commission Delegated Regulation (EU) 2023/1118. Prudential supervision of investment firms | EUR-Lex
- The specific liquidity measurement of investment firms is governed by technical standards in Commission Delegated Regulation (EU) 2023/1651 under Article 42(6) of the directive. Prudential supervision of investment firms | EUR-Lex
- Risks not covered or not sufficiently covered by the own funds requirements set out in Regulation (EU) 2019/2033 are measured according to technical standards in Commission Delegated Regulation (EU) 2023/1668, with indicative qualitative metrics for the amounts of additional own funds. Prudential supervision of investment firms | EUR-Lex
- The source text does not identify any specific entities that have been licensed in Slovenia for crypto-asset securities activities; no Slovenian licensing decisions or grants are referenced. Prudential supervision of investment firms | EUR-Lex
- No monetary thresholds specific to Slovenia for licensing of crypto-asset service providers could be identified in the source text beyond the €15 billion consolidated assets threshold for class 1 investment firms. Prudential supervision of investment firms | EUR-Lex
- The directive requires that relevant authorities have the necessary expertise, resources, operational capacity, powers and independence to do their work, ensuring adequate supervision of licensed entities. Prudential supervision of investment firms | EUR-Lex
- Relevant authorities in Slovenia must receive all the information they require from investment firms, forming the basis for ongoing supervision after authorisation. Prudential supervision of investment firms | EUR-Lex
- The EBA assesses information from relevant authorities on their review and evaluation processes in order to develop consistency across the EU, meaning Slovenian licensing and supervision practices are benchmarked at EU level. Prudential supervision of investment firms | EUR-Lex
- Investment firms in Slovenia providing services on the client's initiative have been subject to rules applying since 26 March 2020. Prudential supervision of investment firms | EUR-Lex
AML/KYC Requirements
- Investment firms in Slovenia must have robust governance arrangements including effective processes to identify, manage, monitor and report the risks they, or others, might be exposed to, which encompasses AML/KYC obligations under the EU framework. Prudential supervision of investment firms | EUR-Lex
- Investment firms must implement adequate internal control mechanisms, including sound administration and accounting procedures, supporting KYC and customer due diligence requirements. Prudential supervision of investment firms | EUR-Lex
- Investment firms must apply appropriate internal procedures that enable employees to report any breaches of the directive, its transposition under national law, or Regulation (EU) 2019/2033 — this whistleblowing mechanism is relevant to AML/CTF compliance processes. Prudential supervision of investment firms | EUR-Lex
- Investment firms in Slovenia must record all their transactions and document their systems and processes, which includes maintaining records for AML/CTF compliance purposes. Prudential supervision of investment firms | EUR-Lex
- The relevant authority in Slovenia must cooperate closely with other public authorities or bodies supervising credit institutions and financial institutions within the EU Member State, which facilitates AML/CTF information sharing and oversight. Prudential supervision of investment firms | EUR-Lex
- National authorities in Slovenia must exchange information, particularly on potential problems and risks, and collaborate with counterparts in other Member States, supporting cross-border AML investigations. Prudential supervision of investment firms | EUR-Lex
- The relevant authority must have all necessary information-gathering and investigatory powers, including the ability to carry out on-the-spot checks, which enables verification of AML/KYC compliance. Prudential supervision of investment firms | EUR-Lex
- Under the directive, administrative sanctions apply to breaches including failure to report correct information to the relevant authorities, which extends to AML reporting obligations. Prudential supervision of investment firms | EUR-Lex
- The source text does not contain specific provisions on customer due diligence, enhanced due diligence, suspicious transaction reporting, beneficial ownership identification, or PEP screening requirements — these details are governed by other EU instruments not included in the provided text. Prudential supervision of investment firms | EUR-Lex
- The source text does not specify record retention periods for AML/KYC documentation at national level in Slovenia; the professional secrecy requirements apply to authorities but retention periods for firms are not detailed in the directive. Prudential supervision of investment firms | EUR-Lex
Enforcement Actions
- The directive provides that administrative sanctions and other administrative measures apply to breaches of the directive, its national transposition and Regulation (EU) 2019/2033, such as failure to report the correct information to the relevant authorities. Prudential supervision of investment firms | EUR-Lex
- Administrative sanctions imposed in Slovenia must be effective, proportionate and dissuasive, and take into account all relevant circumstances such as the seriousness and duration of the breach. Prudential supervision of investment firms | EUR-Lex
- Fines for firms can be up to 10 percent of a firm's total annual net turnover or twice the amount of profits gained or losses avoided due to the breach. Prudential supervision of investment firms | EUR-Lex
- Fines for individuals can be up to €5 million (approximately $5.9 million USD based on the EUR/USD exchange rate). Prudential supervision of investment firms | EUR-Lex
- When administrative sanctions are applied, they must be published on the relevant authority's website, with details of the breach and the perpetrator, and reported to the European Banking Authority. Prudential supervision of investment firms | EUR-Lex
- Investment firms that do not comply with the directive and Regulation (EU) 2019/2033, or that are likely to breach national provisions, may be required to take necessary measures at an early stage as determined by the relevant authority. Prudential supervision of investment firms | EUR-Lex
- Investment firms that benefit from special public financial support may not make any variable payments to members of the management body — a restriction subject to enforcement. Prudential supervision of investment firms | EUR-Lex
- The source text does not identify any specific enforcement cases, named entities, fines imposed, arrests, or dates of enforcement actions in Slovenia related to digital asset securities; no case law or specific penalty decisions are cited. Prudential supervision of investment firms | EUR-Lex
Tax Treatment
- No tax guidance has been issued for virtual assets in the source text provided; the EUR-Lex sources focus on prudential supervision and regulatory frameworks rather than taxation matters. EUR-Lex - Official Journal of the European Union
- The source text does not contain any provisions on income tax, capital gains tax, or VAT treatment of cryptocurrency or digital asset securities in Slovenia. Access the Official Journal - EUR-Lex
- The EUR-Lex portal provides access to EU legal acts which may include tax-related directives applicable to Slovenia, but no specific tax guidance for virtual assets appears in the provided source material. EUR-Lex — Access to European Union law — choose your language
- No Slovenian tax authority guidance on cryptocurrency and digital asset securities taxation is referenced in the source text; the Official Journal of the European Union does not contain tax guidance specific to virtual assets in the provided excerpts. Access the Official Journal - EUR-Lex
- No tax guidance has been issued for virtual assets in the source text provided; the EUR-Lex sources focus on prudential supervision and regulatory frameworks rather than taxation matters. Prudential supervision of investment firms | EUR-Lex
Key Gaps & Risks
- The source text does not reference any Slovenian national implementing legislation specifically addressing the Markets in Crypto-Assets Regulation (MiCA) or national digital asset securities laws; the framework described is the EU-level regime applicable in Slovenia. EUR-Lex - Official Journal of the European Union
- No licensing entities for crypto-asset service providers in Slovenia could be identified from the source text, creating practical uncertainty for businesses regarding the authorisation process at national level. Prudential supervision of investment firms | EUR-Lex
- The source text does not specify how Slovenia has transposed Directive (EU) 2019/2034 beyond the general requirement that transposition occurred by 26 June 2021, leaving uncertainty about specific national provisions for digital asset securities. Prudential supervision of investment firms | EUR-Lex
- There is a gap between the EU-level regulatory framework described in the source text and specific Slovenian national implementation measures for the crypto-asset sector that were not identifiable from the provided materials. EUR-Lex — Access to European Union law — choose your language
- The prudential supervision regime applies to investment firms but the classification of various crypto-assets as securities, financial instruments, or other categories under MiFID 2 is not addressed in the source text, creating legal classification risks. Prudential supervision of investment firms | EUR-Lex
- Investment firms operating in Slovenia face the risk of fines up to 10 percent of total annual net turnover or twice the amount of profits gained for breaches, which is a significant financial risk for non-compliance in the digital asset securities space. Prudential supervision of investment firms | EUR-Lex
- Individuals face fines up to €5 million for breaches of the directive or regulation, creating personal liability risks for management and compliance officers in crypto-asset firms. Prudential supervision of investment firms | EUR-Lex
- The publication requirement for administrative sanctions on the relevant authority's website (ATVP) creates reputational risk for entities sanctioned for breaches. Prudential supervision of investment firms | EUR-Lex
- Since the source text contains no national tax guidance for virtual assets in Slovenia, businesses face uncertainty regarding their tax obligations for digital asset securities transactions. EUR-Lex - Official Journal of the European Union
- The absence of specific Slovenian licensing decisions or granted authorisations for crypto-asset service providers in the source text suggests that market entry clarity may be limited, though the ATVP must exercise its supervisory powers under the EU framework. Prudential supervision of investment firms | EUR-Lex
- The review clause in the directive tasks the Commission to prepare reports on the directive's various aspects, meaning the regulatory framework applicable in Slovenia for investment firms and potentially digital asset securities is subject to ongoing evaluation and potential change. Prudential supervision of investment firms | EUR-Lex
- The source text does not address whether the ATVP has publicly available guidance, interpretations, or no-action letters specific to crypto-asset securities, creating practical compliance uncertainty for novel digital asset offerings. Access the Official Journal - EUR-Lex
- The source text does not provide information on whether Slovenia has national registration or notification requirements for crypto-asset service providers beyond the EU-level authorisation regime, leaving a gap in practical application knowledge. EUR-Lex - Official Journal of the European Union
- The delegated acts adopted by the Commission (specifically Delegated Regulations 2021/2153, 2021/2154, 2021/2155, 2022/2579, 2023/1117, 2023/1118, 2023/1651 and 2023/1668) add technical complexity for compliance, and the source text does not indicate whether Slovenia has issued supplementary national guidance. Prudential supervision of investment firms | EUR-Lex
- Businesses operating in Slovenia must monitor regulatory changes from 10 January 2030 when the requirement to submit regulated information to the collection body and notify ESMA for the European single access point takes effect. Prudential supervision of investment firms | EUR-Lex
- A practical gap exists between the paper framework establishing robust governance and risk management requirements for investment firms and the operational reality for crypto-asset service providers, which is not detailed in the source text. Prudential supervision of investment firms | EUR-Lex
- The source text does not provide information on how Slovenia's ATVP has implemented its mandate to consider the impact of its decisions on the financial system in other Member States, meaning cross-border aspects of digital asset securities regulation in Slovenia remain unclear. Prudential supervision of investment firms | EUR-Lex
- The source text does not detail specific sanctions for crypto-asset securities violations beyond the general framework, and does not indicate whether the €5 million individual fine threshold represents the maximum in Slovenian law. Prudential supervision of investment firms | EUR-Lex
Sources
Source Data
Slovenia permits cryptocurrency and digital asset activities as legal undertakings, though specific national implementing legislation for MiCA had not been published in the Official Journal of the European Union as of the source material, meaning the EU-level framework directly governs digital asset securities matters. EUR-Lex - Official Journal of the European Union
The Securities Market Agency (ATVP) is the national competent authority responsible for supervising investment firms and securities markets in Slovenia under the MiFID 2 framework. Prudential supervision of investment firms | EUR-Lex
Authorisation to operate as an investment firm, including for crypto-asset securities services, is granted under Directive 2014/65/EU (MiFID 2), which Slovenia has transposed into its national legal order. Prudential supervision of investment firms | EUR-Lex
The prudential supervision regime for investment firms operating in Slovenia is governed by Directive (EU) 2019/2034 and Regulation (EU) 2019/2033, which are directly applicable obligations supplemented by Slovenian transposition measures. Prudential supervision of investment firms | EUR-Lex
No Slovenian-specific licensing decisions for crypto-asset service providers were identifiable from the source text; the practical reality is that entities must look to EU-level frameworks and ATVP guidance for authorisation matters until national MiCA implementation is published in the Official Journal. EUR-Lex — Access to European Union law — choose your language
Slovenia is an EU Member State whose legal order is bound by EU regulations and directives; EU secondary law, including regulations on digital asset securities, is published in the Official Journal of the European Union and is accessible via EUR-Lex. Access the Official Journal - EUR-Lex
The Official Journal of the European Union is the official gazette for EU legal acts, and since July 2013 only the electronic edition published on EUR-Lex is authentic and produces legal effects — this is the authoritative source for EU securities legislation applicable in Slovenia. Access the Official Journal - EUR-Lex
The legal basis for publication of EU legal acts, which bind Slovenia, is set out in Article 191 of the Treaty establishing the European Economic Community and Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union. Access the Official Journal - EUR-Lex
The Official Journal comprises two series: L (Legislation) containing regulations, directives, decisions and international agreements, and C (Information and Notices) containing preparatory acts and announcements — digital asset securities rules applicable to Slovenia appear in the L series. Access the Official Journal - EUR-Lex
The Securities Market Agency (ATVP) is the relevant national authority in Slovenia responsible for supervising investment firms, exercising the supervisory and investigatory powers conferred under Directive (EU) 2019/2034. Prudential supervision of investment firms | EUR-Lex
Directive (EU) 2019/2034 of 27 November 2019 on the prudential supervision of investment firms, published in OJ L 314 of 5 December 2019 (pp. 64–114), is the primary EU legal instrument governing prudential supervision of investment firms operating in Slovenia. Prudential supervision of investment firms | EUR-Lex
Slovenia's securities market framework is built on Directive 2014/65/EU (MiFID 2), which provides the legal framework for securities markets, investment intermediaries and trading venues, and under which investment firms are authorised and supervised. Prudential supervision of investment firms | EUR-Lex
Directive (EU) 2019/2034 applies to investment firms authorised under MiFID 2 and requires that national authorities supervise investment firms operating in Slovenia, including those dealing in crypto-asset securities. Prudential supervision of investment firms | EUR-Lex
The directive does not apply entirely to investment firms whose consolidated assets equal or exceed €15 billion; these class 1 firms are supervised under Titles VII and VIII of Directive 2013/36/EU instead of Titles IV and V of the investment firms directive. Prudential supervision of investment firms | EUR-Lex
The European Banking Authority (EBA) draws up draft regulatory technical standards in consultation with the European Securities and Markets Authority (ESMA) and reports to the European Parliament and Council on convergence under the review process, meaning Slovenia's regulators participate in EU-wide supervisory convergence for investment firms. Prudential supervision of investment firms | EUR-Lex
Amending Directive (EU) 2023/2864 inserts an article in Directive (EU) 2019/2034 requiring that from 10 January 2030, Member States ensure investment firms submit regulated information to the collection body and notify ESMA for the purposes of the European single access point established under Regulation (EU) 2023/2859. Prudential supervision of investment firms | EUR-Lex
The European Commission has the power to adopt delegated acts for 5 years from 25 December 2019, and has adopted several delegated regulations supplementing Directive (EU) 2019/2034, including Delegated Regulations (EU) 2021/2153, 2021/2154, 2021/2155, 2022/2579, 2023/1117, 2023/1118, 2023/1651 and 2023/1668. Prudential supervision of investment firms | EUR-Lex
Slovenia, as an EU Member State, participates in the European System of Financial Supervision and the European Systemic Risk Board, and national authorities must cooperate closely with these bodies on investment firm supervision. Prudential supervision of investment firms | EUR-Lex
National authorities in Slovenia must respect professional secrecy and confidential information requirements when carrying out supervisory duties under the directive. Prudential supervision of investment firms | EUR-Lex
Slovenian authorities may conclude cooperation agreements with non-EU-country supervisors, facilitating cross-border oversight of investment firms and digital asset securities activities. Prudential supervision of investment firms | EUR-Lex
EU law is accessible through EUR-Lex, which contains the electronic version of all Official Journals going back to 30 December 1952, when the first Official Journal of the European Coal and Steel Community was published. Access the Official Journal - EUR-Lex
The Official Journal is published from Monday to Friday, and in urgent cases on weekends and public holidays, in the official languages of the EU at the time of publication, numbering 24 languages. Access the Official Journal - EUR-Lex
From 1 October 2023, the Official Journal is no longer a collation of acts with a table of contents; each act is published individually as an authentic Official Journal in its PDF format. Access the Official Journal - EUR-Lex
The relevant Slovenian legislation must be transposed from EU directives; Directive (EU) 2019/2034 had to be transposed into national law by 26 June 2021, with rules applying from that date except for client-initiated services rules which applied since 26 March 2020. Prudential supervision of investment firms | EUR-Lex
Regulatory technical standards under the delegated acts adopted by the European Commission include specifications on criteria for subjecting investment firms to Regulation (EU) No 575/2013 requirements, staff identification criteria, classes of instruments for variable payments, authorisation application information, and information exchange between home and host Member State authorities. Prudential supervision of investment firms | EUR-Lex
The Directive also includes Delegated Regulation (EU) 2023/1651 on technical standards for specific liquidity measurement of investment firms under Article 42(6), and Delegated Regulation (EU) 2023/1668 on technical standards specifying measurement of risks not covered by own funds requirements under Regulation (EU) 2019/2033. Prudential supervision of investment firms | EUR-Lex
The European Commission is tasked by the directive's review clause to prepare, in close cooperation with EBA and ESMA, a report on various aspects of the directive for the European Parliament and the Council. Prudential supervision of investment firms | EUR-Lex
EU legislation summaries, including that for prudential supervision of investment firms, are available on EUR-Lex and provide a comprehensive overview of the rules applicable to Slovenia as an EU Member State. Prudential supervision of investment firms | EUR-Lex
The EUR-Lex portal provides access to EU law in all 24 official languages of the EU, including Slovenian, ensuring national accessibility of digital asset securities legislation. EUR-Lex — Access to European Union law — choose your language
EUR-Lex serves as the official access point for EU law and contains the electronic version of all Official Journals, making it the authoritative resource for determining the legal framework applicable in Slovenia. EU law - EUR-Lex
Investment firms in Slovenia, including those dealing in digital asset securities, must obtain authorisation under Directive 2014/65/EU (MiFID 2), which provides the legal framework for securities markets, investment intermediaries and trading venues. Prudential supervision of investment firms | EUR-Lex
The authorisation process requires that Directive (EU) 2019/2034 rules on prudential supervision apply to investment firms authorised and supervised under MiFID 2, setting out initial capital requirements. Prudential supervision of investment firms | EUR-Lex
Capital requirements for investment firms are set out by Regulation (EU) 2019/2033, and the investment firms directive grants relevant national authorities in Slovenia the right to add to these requirements. Prudential supervision of investment firms | EUR-Lex
The relevant national authority in Slovenia is the Securities Market Agency (ATVP), which supervises the activities of investment firms and, where applicable, of investment holding companies and mixed financial holding companies. Prudential supervision of investment firms | EUR-Lex
The ATVP has all necessary information-gathering and investigatory powers, including the ability to carry out on-the-spot checks, to verify compliance with licensing obligations. Prudential supervision of investment firms | EUR-Lex
Investment firms that do not comply with the directive and Regulation (EU) 2019/2033, or that are likely to breach national provisions, may be required to take necessary measures at an early stage as determined by the relevant authority. Prudential supervision of investment firms | EUR-Lex
Investment firms in Slovenia must have robust governance arrangements as a condition of authorisation, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility, effective processes to identify, manage, monitor and report risks, adequate internal control mechanisms including sound administration and accounting procedures, and pay policies consistent with sound and effective risk management. Prudential supervision of investment firms | EUR-Lex
Investment firms must record all their transactions and document their systems and processes subject to the directive and Regulation (EU) 2019/2033, allowing for effective supervision by relevant authorities. Prudential supervision of investment firms | EUR-Lex
Investment firms must apply appropriate internal procedures that enable employees to report any breaches of the directive, its transposition under national law, or Regulation (EU) 2019/2033. Prudential supervision of investment firms | EUR-Lex
Investment firms in Slovenia must provide information on branches in other Member States or in non-EU countries, such as turnover, profits and losses, and the number of employees, on an annual basis. Prudential supervision of investment firms | EUR-Lex
Investment firms that benefit from special public financial support may not make any variable payments to members of the management body. Prudential supervision of investment firms | EUR-Lex
The relevant authority in Slovenia must review and evaluate the arrangements, strategies, processes and mechanisms that investment firms have in place to comply with the directive and Regulation (EU) 2019/2033. Prudential supervision of investment firms | EUR-Lex
The relevant authority may intervene in the activity of investment firms in an effective and proportionate way by increasing the amount of own funds they must have, for instance, in order to be appropriate to their risk profile. Prudential supervision of investment firms | EUR-Lex
The relevant authority must make publicly available information including the applicable legislation, criteria and methodologies they use for supervision and statistical data they have collected. Prudential supervision of investment firms | EUR-Lex
An undertaking must provide information in its application for authorisation in accordance with Article 8a of Directive 2013/36/EU, as specified in Commission Delegated Regulation (EU) 2022/2579. Prudential supervision of investment firms | EUR-Lex
Competent authorities of home and host Member States must exchange information under conditions specified in Commission Delegated Regulation (EU) 2023/1117, and colleges of supervisors exercise their tasks under conditions in Commission Delegated Regulation (EU) 2023/1118. Prudential supervision of investment firms | EUR-Lex
The specific liquidity measurement of investment firms is governed by technical standards in Commission Delegated Regulation (EU) 2023/1651 under Article 42(6) of the directive. Prudential supervision of investment firms | EUR-Lex
Risks not covered or not sufficiently covered by the own funds requirements set out in Regulation (EU) 2019/2033 are measured according to technical standards in Commission Delegated Regulation (EU) 2023/1668, with indicative qualitative metrics for the amounts of additional own funds. Prudential supervision of investment firms | EUR-Lex
The source text does not identify any specific entities that have been licensed in Slovenia for crypto-asset securities activities; no Slovenian licensing decisions or grants are referenced. Prudential supervision of investment firms | EUR-Lex
No monetary thresholds specific to Slovenia for licensing of crypto-asset service providers could be identified in the source text beyond the €15 billion consolidated assets threshold for class 1 investment firms. Prudential supervision of investment firms | EUR-Lex
The directive requires that relevant authorities have the necessary expertise, resources, operational capacity, powers and independence to do their work, ensuring adequate supervision of licensed entities. Prudential supervision of investment firms | EUR-Lex
Relevant authorities in Slovenia must receive all the information they require from investment firms, forming the basis for ongoing supervision after authorisation. Prudential supervision of investment firms | EUR-Lex
The EBA assesses information from relevant authorities on their review and evaluation processes in order to develop consistency across the EU, meaning Slovenian licensing and supervision practices are benchmarked at EU level. Prudential supervision of investment firms | EUR-Lex
Investment firms in Slovenia providing services on the client's initiative have been subject to rules applying since 26 March 2020. Prudential supervision of investment firms | EUR-Lex
Investment firms in Slovenia must have robust governance arrangements including effective processes to identify, manage, monitor and report the risks they, or others, might be exposed to, which encompasses AML/KYC obligations under the EU framework. Prudential supervision of investment firms | EUR-Lex
Investment firms must implement adequate internal control mechanisms, including sound administration and accounting procedures, supporting KYC and customer due diligence requirements. Prudential supervision of investment firms | EUR-Lex
Investment firms must apply appropriate internal procedures that enable employees to report any breaches of the directive, its transposition under national law, or Regulation (EU) 2019/2033 — this whistleblowing mechanism is relevant to AML/CTF compliance processes. Prudential supervision of investment firms | EUR-Lex
Investment firms in Slovenia must record all their transactions and document their systems and processes, which includes maintaining records for AML/CTF compliance purposes. Prudential supervision of investment firms | EUR-Lex
The relevant authority in Slovenia must cooperate closely with other public authorities or bodies supervising credit institutions and financial institutions within the EU Member State, which facilitates AML/CTF information sharing and oversight. Prudential supervision of investment firms | EUR-Lex
National authorities in Slovenia must exchange information, particularly on potential problems and risks, and collaborate with counterparts in other Member States, supporting cross-border AML investigations. Prudential supervision of investment firms | EUR-Lex
The relevant authority must have all necessary information-gathering and investigatory powers, including the ability to carry out on-the-spot checks, which enables verification of AML/KYC compliance. Prudential supervision of investment firms | EUR-Lex
Under the directive, administrative sanctions apply to breaches including failure to report correct information to the relevant authorities, which extends to AML reporting obligations. Prudential supervision of investment firms | EUR-Lex
The directive provides that administrative sanctions and other administrative measures apply to breaches of the directive, its national transposition and Regulation (EU) 2019/2033, such as failure to report the correct information to the relevant authorities. Prudential supervision of investment firms | EUR-Lex
Administrative sanctions imposed in Slovenia must be effective, proportionate and dissuasive, and take into account all relevant circumstances such as the seriousness and duration of the breach. Prudential supervision of investment firms | EUR-Lex
Fines for firms can be up to 10 percent of a firm's total annual net turnover or twice the amount of profits gained or losses avoided due to the breach. Prudential supervision of investment firms | EUR-Lex
Fines for individuals can be up to €5 million (approximately $5.9 million USD based on the EUR/USD exchange rate). Prudential supervision of investment firms | EUR-Lex
When administrative sanctions are applied, they must be published on the relevant authority's website, with details of the breach and the perpetrator, and reported to the European Banking Authority. Prudential supervision of investment firms | EUR-Lex
Investment firms that do not comply with the directive and Regulation (EU) 2019/2033, or that are likely to breach national provisions, may be required to take necessary measures at an early stage as determined by the relevant authority. Prudential supervision of investment firms | EUR-Lex
Investment firms that benefit from special public financial support may not make any variable payments to members of the management body — a restriction subject to enforcement. Prudential supervision of investment firms | EUR-Lex
The source text does not identify any specific enforcement cases, named entities, fines imposed, arrests, or dates of enforcement actions in Slovenia related to digital asset securities; no case law or specific penalty decisions are cited. Prudential supervision of investment firms | EUR-Lex
No tax guidance has been issued for virtual assets in the source text provided; the EUR-Lex sources focus on prudential supervision and regulatory frameworks rather than taxation matters. EUR-Lex - Official Journal of the European Union
The EUR-Lex portal provides access to EU legal acts which may include tax-related directives applicable to Slovenia, but no specific tax guidance for virtual assets appears in the provided source material. EUR-Lex — Access to European Union law — choose your language
No tax guidance has been issued for virtual assets in the source text provided; the EUR-Lex sources focus on prudential supervision and regulatory frameworks rather than taxation matters. Prudential supervision of investment firms | EUR-Lex
The source text does not reference any Slovenian national implementing legislation specifically addressing the Markets in Crypto-Assets Regulation (MiCA) or national digital asset securities laws; the framework described is the EU-level regime applicable in Slovenia. EUR-Lex - Official Journal of the European Union
No licensing entities for crypto-asset service providers in Slovenia could be identified from the source text, creating practical uncertainty for businesses regarding the authorisation process at national level. Prudential supervision of investment firms | EUR-Lex
The source text does not specify how Slovenia has transposed Directive (EU) 2019/2034 beyond the general requirement that transposition occurred by 26 June 2021, leaving uncertainty about specific national provisions for digital asset securities. Prudential supervision of investment firms | EUR-Lex
There is a gap between the EU-level regulatory framework described in the source text and specific Slovenian national implementation measures for the crypto-asset sector that were not identifiable from the provided materials. EUR-Lex — Access to European Union law — choose your language
The prudential supervision regime applies to investment firms but the classification of various crypto-assets as securities, financial instruments, or other categories under MiFID 2 is not addressed in the source text, creating legal classification risks. Prudential supervision of investment firms | EUR-Lex
Investment firms operating in Slovenia face the risk of fines up to 10 percent of total annual net turnover or twice the amount of profits gained for breaches, which is a significant financial risk for non-compliance in the digital asset securities space. Prudential supervision of investment firms | EUR-Lex
Individuals face fines up to €5 million for breaches of the directive or regulation, creating personal liability risks for management and compliance officers in crypto-asset firms. Prudential supervision of investment firms | EUR-Lex
The publication requirement for administrative sanctions on the relevant authority's website (ATVP) creates reputational risk for entities sanctioned for breaches. Prudential supervision of investment firms | EUR-Lex
Since the source text contains no national tax guidance for virtual assets in Slovenia, businesses face uncertainty regarding their tax obligations for digital asset securities transactions. EUR-Lex - Official Journal of the European Union
The absence of specific Slovenian licensing decisions or granted authorisations for crypto-asset service providers in the source text suggests that market entry clarity may be limited, though the ATVP must exercise its supervisory powers under the EU framework. Prudential supervision of investment firms | EUR-Lex
The review clause in the directive tasks the Commission to prepare reports on the directive's various aspects, meaning the regulatory framework applicable in Slovenia for investment firms and potentially digital asset securities is subject to ongoing evaluation and potential change. Prudential supervision of investment firms | EUR-Lex
The source text does not address whether the ATVP has publicly available guidance, interpretations, or no-action letters specific to crypto-asset securities, creating practical compliance uncertainty for novel digital asset offerings. Access the Official Journal - EUR-Lex
The source text does not provide information on whether Slovenia has national registration or notification requirements for crypto-asset service providers beyond the EU-level authorisation regime, leaving a gap in practical application knowledge. EUR-Lex - Official Journal of the European Union
The delegated acts adopted by the Commission (specifically Delegated Regulations 2021/2153, 2021/2154, 2021/2155, 2022/2579, 2023/1117, 2023/1118, 2023/1651 and 2023/1668) add technical complexity for compliance, and the source text does not indicate whether Slovenia has issued supplementary national guidance. Prudential supervision of investment firms | EUR-Lex
Businesses operating in Slovenia must monitor regulatory changes from 10 January 2030 when the requirement to submit regulated information to the collection body and notify ESMA for the European single access point takes effect. Prudential supervision of investment firms | EUR-Lex
The source text does not provide information on how Slovenia's ATVP has implemented its mandate to consider the impact of its decisions on the financial system in other Member States, meaning cross-border aspects of digital asset securities regulation in Slovenia remain unclear. Prudential supervision of investment firms | EUR-Lex
The source text does not detail specific sanctions for crypto-asset securities violations beyond the general framework, and does not indicate whether the €5 million individual fine threshold represents the maximum in Slovenian law. Prudential supervision of investment firms | EUR-Lex
EUR-Lex - Official Journal of the European Union
Opinion on markets in financial instruments (CON/2018/3)
Prudential supervision of investment firms | EUR-Lex
EUR-Lex — Access to European Union law — choose your language
Access the Official Journal - EUR-Lex
References
This article was generated by deepseek/deepseek-chat .
Primary Sources
eur-lex.europa.eu. (n.d.). EUR-Lex - Official Journal of the European Union. Retrieved September 6, 2026, from https://eur-lex.europa.eu/
eur-lex.europa.eu. (n.d.). Prudential supervision of investment firms | EUR-Lex. Retrieved September 6, 2026, from https://eur-lex.europa.eu/EN/legal-content/summary/prudential-supervision-of-investment-firms.html
eur-lex.europa.eu. (n.d.). EUR-Lex — Access to European Union law — choose your language. Retrieved September 6, 2026, from https://eur-lex.europa.eu/?trk=public_post_reshare-text
eur-lex.europa.eu. (n.d.). Access the Official Journal - EUR-Lex. Retrieved September 6, 2026, from https://eur-lex.europa.eu/oj/direct-access.html
eur-lex.europa.eu. (n.d.). EU law - EUR-Lex. Retrieved September 6, 2026, from https://eur-lex.europa.eu/homepage.html
eur-lex.europa.eu. (n.d.). Opinion on markets in financial instruments (CON/2018/3). Retrieved September 6, 2026, from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018AB0003
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