Decree No. 225 / 2010 Coll.
Decree amending Decree No. 307 / 2004 Coll., on the submission of information and supporting documents to the Czech National Bank by persons belonging to the financial institutions sector, as amended
Valid
Order
Effective from 01.09.2010
225
DECLARATION
of 1 July 2010
amending Decree No. 307 / 2004 Coll., on the submission of information and supporting documents to the Czech National Bank by persons belonging to the financial institutions sector, as amended
The Czech National Bank provides pursuant to § 41 paragraph 4 of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 57 / 2006 Coll.:
Decree No. 307 / 2004 Coll., on the submission of information and documents to the Czech National Bank by persons belonging to the financial institutions sector, as amended by Decree No. 34 / 2006 Coll. and Decree No. 385 / 2008 Coll., is amended as follows:
1. In Article 1, the words "directly applicable European Community1) 'are replaced by the words" directly applicable European Union1)' and the words "European Communitylaw 2) 'are replaced by the words" European Union2'.
2. At the end of footnote 1, the words "Regulation (EC) No 24 / 2009 of the European Central Bank of 19 December 2008 on statistics on the assets and liabilities of FVCs involved in securitisation transactions (ECB / 2008 / 30) 'are added.
3. In Paragraph 2 (2), the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) the security mark shall be electronically affixed to the data report and which:
1. are clearly linked to the designating person and allow its identification by means of a certificate issued;
2. have been created and connected to the data message by means of means for the creation of security marks which the tagging person can keep under his sole control;
3. they are connected to the data message to which they relate in such a way that any subsequent change of data can be identified. ';
4. In Article 3, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) an FVC pursuant to the directly applicable European Union4c Regulation or a person who, pursuant to the directly applicable European Union Regulation, is responsible for submitting FVC reports 4d) (" FVC ").
(c) Article 1 (1) of Regulation (EC) No 24 / 2009 of the European Central Bank.
(4d) Article 2 (3) of Regulation (EC) No 24 / 2009 of the European Central Bank. '
5. in Article 6a (1) and in Article 6b (1), the words "the last working day of the month following the end of the first, second and third quarters and the fourth quarters until the last working day of the month of February of the following calendar year" shall be replaced by the words "30 calendar days following the end of the quarter."
6. The following Section 6ba is inserted after Section 6b, including the title:
FVCs' report
(1) The FVC compiles a statement at the end of each quarter
(a) OFZ (CNB) 90-04 "Quarterly balance sheet of the FVC's assets and liabilities" with the code of the Associated Data File RISIFI90,
(b) OFZ (CNB) 91-04 "Quarterly summary of the securities held by the FVC" with the code of the Associated Data File RISIFI91,
(c) OFZ (ČNB) 20-04 "Quarterly statement of financial transactions of the FVCs" with the code of the Associated Data File TISIFIFI20.
(2) The reports referred to in paragraph 1 shall be submitted by the FVC to the Czech National Bank within 25 calendar days following the end of the quarter.
(3) The characteristics of the structure and content of the statements referred to in paragraph 1 are set out in Annex 6 to this Decree. "
7. In Article 6c (1), the words "(§ 6 (1), § 6a (1) and § 6b (1) 'are deleted.
8. In Article 7 (3), the words "and the FVCs' shall be inserted after the words" the intermediary of the financing of assets' and the words "its' shall be replaced by the words" theirs'.
9. In Paragraph 7 (4), the words "immediately after its registration 'are replaced by the words" immediately after its commencement in the Czech Republic'.
10. in Article 12 (1), "§ 5 (1), § 6 (1), § 6a (1) and § 6b (1)" shall be replaced by "this Order."
11.
(1) The reporting entity submits the reports to the Czech National Bank in electronic form in the form of data reports through:
(a) the programme applications of the Czech National Bank for the collection of data from non-bank entities (SDNS), which is available in a way that allows remote access;
(b) own programme applications of the reporting entity allowing the electronic exchange of information (EDI / EDIFACT); or
(c) own programme applications of the reporting entity using the Czech National Bank's data collection web service (SDNS- WS) to transmit the statement.
(2) Data messages sent through the programme applications referred to in points (a) and (c) of paragraph 1 shall be provided by the reporting entity with a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider 24a).
(3) Data messages sent through the programme application referred to in paragraph 1 (b) shall bear a safety mark based on a certificate issued by the Czech National Bank.
24a) Paragraph 11 (1) of Act No. 227 / 2000 Coll., on electronic signature and on the amendment of certain other laws (Act on electronic signature), as amended by Act No. 440 / 2004 Coll. '.
12. in Article 16 (1) and (2), the words "data collection applications" are replaced by the words "programme applications referred to in Article 15 (1)."
13.
(1) The reporting entity which compiles and presents the reports to the Czech National Bank using the programme application referred to in § 15 (1) (a) or (c) shall communicate to the Czech National Bank:
(a) the names and surnames of at least 2 persons who, on behalf of the reporting entity, submit statements to the Czech National Bank;
(b) the basic contact details of such persons necessary for the automated operation of the programme application (workplace address, telephone, fax number and e-mail address); and
(c) the basic identification data (business name or identification number) of the accredited certification service provider 26) and the number of the qualified certificate issued to these persons for the marking of data messages by an electronic signature guaranteed pursuant to Article 15 (2).
(2) The reporting entity shall communicate to the Czech National Bank without undue delay any change in the data referred to in paragraph 1.
(3) If the reports are compiled and submitted to the Czech National Bank by means of the programme application referred to in § 15 (1) (b), the Czech National Bank shall, upon request, issue a certificate for the creation of the security mark referred to in § 15 (3).
26) Sections 2 (j) and (l) and 11 of Act No. 227 / 2000 Coll., as amended by Act No. 226 / 2002 Coll. and Act No. 440 / 2004 Coll. '.
14. the following Annex 6 is inserted after Annex 5:
"Annex No 6 to Decree No 307 / 2004 Coll.
Structure and content of the reports submitted as FVCs
(I) Quarterly balance of assets and liabilities of the FVC - OFF (ČNB) 90-04
The statement OFZ (CNB) 90-04 "Quarterly balance sheet of the FVCs' assets and liabilities shall be compiled on the last day of the quarter. The report shall contain statistically broken down balance sheet data and selected additional data for the FVC.
It contains total assets and their statistically broken-down components - treasury, deposit liabilities, loans and similar claims, securitised loans, held securities, other securitised assets, fixed assets, financial derivatives, other assets.
It includes total liabilities and their statistically breakdown components - loans received, debt securities issued, equity, other capital and reserves, financial derivatives, other liabilities.
Additional data on the structure of securitised loans, securitised other assets, provided and received loans.
These components of assets and liabilities and additional data are broken down according to their economic nature as follows:
1. According to countries: total for all countries, Czech Republic, participating Member States, non-participating Member States, rest of the world or aggregation of selected groups of countries.
2. According to maturity: total for all maturity bands, up to and including 1 year, over 1 year up to and including 2 years up to and including 5 years, over 5 years or aggregation of selected previous maturity bands.
3. By type of deposit: transferable deposits, other deposits.
4. By type of other securitised assets: financial securitised assets, non-financial securitised assets.
5. By economic sector: aggregate for all sectors (residents and non-residents), MFIs, general government, non-financial corporations, other financial intermediaries, special-purpose financial corporations for the securitisation of assets, ancillary financial institutions, insurance companies and pension funds, households and non-profit institutions serving households, or aggregation of selected sectors divided into residents and non-residents.
II) Quarterly breakdown of held securities of FVCs - OFIFG (ČNB) 91-04
The statement OFZ (CNB) 91-04 "Quarterly summary of held securities held by the FVC 'shall be compiled on the last day of the quarter. The statement shall contain an overview of the securities held by the FVC and their basic characteristics on an individual basis - security code, security name, number of units, total nominal volume, total fair value.
III) Quarterly statement of financial transactions by the FVC of OFZ (ČNB) 20- 04
The statement of OFZ (CNB) 20-04 "Quarterly statement of financial transactions of the FVC 'shall be drawn up on the last day of the quarter. The report shall contain transaction data and write-offs of statistically broken down asset and liability items and supplementary data for the FVC.
It contains total assets and their statistically broken-down components - treasury, deposit liabilities, loans and similar claims, securitised loans, held securities, other securitised assets, fixed assets, financial derivatives, other assets.
It includes total liabilities and their statistically breakdown components - loans received, debt securities issued, equity, other capital and reserves, financial derivatives, other liabilities.
Additional data on financial transactions under securitisation loans and loan write-offs.
These components of assets and liabilities and additional data are broken down according to their economic nature as follows:
1. According to countries: total for all countries, Czech Republic, participating Member States, non-participating Member States, rest of the world or aggregation of selected groups of countries.
2. According to maturity: total for all maturity bands, up to and including 1 year, over 1 year up to and including 2 years up to and including 5 years, over 5 years or aggregation of selected previous maturity bands.
3. By type of deposit: transferable deposits, other deposits.
4. By type of other securitised assets: financial securitised assets, non-financial securitised assets.
5. According to economic sectors: total for all sectors (residents and non-residents), MFIs, general government, non-financial corporations, OFIs, FVCs, financial auxiliaries, insurance corporations and pension funds, households and non-profit institutions serving households, or aggregation of selected sectors divided into residents and non-residents. '
Transitional provisions
(1) In the first reporting of the data to the Czech National Bank, the FVC, which started operating under the directly applicable European Union27 Regulation, produces and submits only the statements pursuant to § 6ba (1) (a) and (b) of Decree No. 307 / 2004 Coll., as effective from the date of entry into force of the Decree.
(2) In the case of the application referred to in Section 15 (1) (a), data messages may be provided by 31 December 2010 with a security code based on a certificate issued by the Czech National Bank.
Efficacy
This Decree shall take effect on 1 September 2010.
Governor:
Ing. Singer, Ph.D., v. r.
27) Article 1 (10) of Regulation (EC) No 24 / 2009 of the European Central Bank.
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Regulation Information
| Citation | Decree No. 225 / 2010 Coll., amending Decree No. 307 / 2004 Coll., on the submission of information and material to the Czech National Bank by persons belonging to the financial institutions sector, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.2010 |
|---|---|
| Effective from | 01.09.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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