Legal Q&A · Company financing

When does a company need NBS authorisation to lend money?

Law as at 29 August 2026

Short answer

It depends on whom you lend to and where the money comes from. Lending your own funds to another company does not require National Bank of Slovakia authorisation; offering and providing consumer credit does. Since 2024, trading in non-performing bank loans has also had its own licensing regime: only a licensed credit servicer may service them for a purchaser. Raising lending funds from the public crosses another regulatory boundary.

A company wishing to lend to a subsidiary, business partner or its own people often encounters the authorisation question for the first time. The answer depends on two things: who the borrower is and where the money being lent comes from, rather than the amount or interest rate.

Lending between businesses does not require authorisation

A credit or loan agreement between businesses is not a regulated financial service. If you lend your own funds, whether once within a group or repeatedly, National Bank of Slovakia supervision does not apply. The Banking Act draws the boundary at the source of funds rather than the borrower:

Without a banking licence, no person may provide credit or loans in the course of their business or other activities from repayable funds obtained from other persons through a public invitation, unless a separate regulation provides otherwise.

— Section 3(2) of Act No. 483/2001 Coll. (unofficial English translation)

You can therefore lend from profits, members’ contributions or a bank loan. Once you raise repayable money from the public for lending, banking regulation applies. No person may accept deposits without a banking licence either (Section 3(1)).

Consumer lending is a licensed activity

The position changes when the borrower is an individual acting outside their business:

A creditor may offer and provide consumer credit only under authorisation granted by the National Bank of Slovakia, within the following scope depending on the authorisation: (a) without restriction on the scope of consumer credit provision under Section 20a; or (b) within a limited scope under Section 20b.

— Section 20(1) of Act No. 129/2010 Coll. (unofficial English translation)

Unrestricted authorisation requires, among other things, the legal form of a joint-stock company, simple joint-stock company, limited liability company or European company, a supervisory board and a paid-up cash contribution of at least EUR 500,000 (Section 20a). Limited authorisation under Section 20b is also available to individuals. An “other creditor” providing consumers with credit and loans outside the definition of consumer credit needs separate authorisation too (Section 24). NBS Guidance No. 2/2025 on authorisation applications summarises the supporting documents required. The proceedings are governed by Section 16 of Act No. 747/2004 Coll. on Financial Market Supervision, and the NBS decides within three months of a complete application (Section 20(3)). Once authorisation becomes final, the business activity must also be entered in the Commercial Register (Section 20(7)).

From 20 November 2026, Act No. 312/2025 Coll. replaces the current rules, extending their scope to deferred payments, small loans and interest-free loans, and providing authorisation categories for companies offering credit only as an ancillary activity. Businesses currently just outside licensing should reassess their model before the new rules take effect.

Purchasing other lenders’ loans has had its own regime since 2024

A third situation concerns a company buying loans rather than originating them. Act No. 106/2024 Coll. on Credit Servicers and Credit Purchasers regulates trading in non-performing loans originally granted by a bank or another credit institution. It distinguishes two roles: the credit purchaser acquires the receivables, while the credit servicer manages them on its behalf by collecting payments, recovering debts and communicating with borrowers. Credit servicing itself is licensed:

A credit servicer may perform credit servicing under a credit servicer authorisation (the “authorisation”) granted by the National Bank of Slovakia.

— Section 3(1) of Act No. 106/2024 Coll. (unofficial English translation)

Under NBS Guidance No. 4/2025, the NBS grants this authorisation to a legal entity established in Slovakia in the form of a joint-stock company, simple joint-stock company, limited liability company or European company. It has two variants: with or without permission to receive and hold borrowers’ funds. Ordinary assignments of trade receivables, such as unpaid invoices or rent, fall outside this regime.

How we can help

We structure the agreement and assess your model through our credit and loan agreement service. Larger-scale lending also involves AML for businesses, while financing your own growth may involve investor entry. If you are unsure which side of the boundary your model falls on, describe it to us. The answer on authorisation is often short and determines the next steps.

This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Is it enough to state in the materials that this is a private offer? No. The National Bank of Slovakia assesses a communication in substance, based on its content. A different formal title is not decisive, and a disclaimer or statement that it is a private offer does not prevent classification as a public offer. The NBS expressly adds that private offer is not a legally defined term; issuers use it for offers that do not meet the characteristics of a public offer.
  2. When do we need a prospectus for a bond issue? Slovakia's volume exemption applies to public offers with total consideration in the EU below EUR 5,000,000 per issuer or offeror over the relevant 12-month period. Relevant offers are aggregated under Article 3(2c) of the Prospectus Regulation; offers for which a prospectus has been published and offers exempt under Article 1(4) are excluded. If you rely on the volume exemption under Section 120(2), the prescribed document must be submitted to the NBS and made available to the public. Duties under other exemptions must be assessed separately.
  3. We offer bonds to fewer than 150 investors. When will the exemption fail? What matters is who the offer is addressed to, rather than how many people ultimately buy the bond. The communication must clearly show that it targets no more than 149 persons, for example by defining the recipient category. If basic bond information is published on a publicly accessible website, the National Bank of Slovakia treats it as a public offer requiring a prospectus. Saying the page serves only investors already contacted does not satisfy the exemption.
  4. How should an offer intended only for qualified investors be labelled? The communication must unambiguously state that the public offer is exclusively for qualified investors, using wording that leaves no room for conflicting interpretations and presentation that makes it stand out. The exemption applies only to that offer: for a subsequent sale or admission to a regulated market, the prospectus requirement and any applicable exemption must be assessed afresh.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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