Decree No. 246 / 2021 Coll.
Decree amending Decree No. 346 / 2013 Coll., on the submission of statements by banks and branches of foreign banks to the Czech National Bank, as amended, and Decree No. 426 / 2013 Coll., on the submission of statements by savings and credit cooperatives to the Czech National Bank, as amended
Valid
Order
Effective from 01.07.2021
Text versions:
01.07.2021
30.06.2021
246
DECLARATION
of 4 June 2021
amending Decree No. 346 / 2013 Coll., on the submission of statements by banks and branches of foreign banks to the Czech National Bank, as amended, and Decree No. 426 / 2013 Coll., on the submission of statements by savings and credit cooperatives to the Czech National Bank, as amended
Czech National Bank provides pursuant to § 41 paragraph 3 of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 227 / 2013 Coll.:
Amendment of the Order on reporting by banks and branches of foreign banks to the Czech National Bank
Decree No. 346 / 2013 Coll., on the submission of statements by banks and branches of foreign banks to the Czech National Bank, as amended by Decree No. 216 / 2014 Coll., Decree No. 300 / 2015 Coll. and Decree No. 325 / 2019 Coll., is amended as follows:
1. At the end of footnote 1, the words "as amended 'are added.
2. The following Section 1a is inserted after Section 1:
The compilation and presentation of reports on a consolidated basis under this Order shall also apply to financial holding persons or mixed financial holding persons approved under a law governing the activities of banks or persons temporarily designated as liable under this Act (hereinafter referred to as "financial holding person"). '.
3. In Paragraph 4 (1), at the end of point (d), the comma is replaced by "a '.
4. in Article 4 (1) (e):
"(e) within 29 days of the end of the calendar quarter to which it relates, the BD (CNB) report 25-04" Reporting of a bank / branch of a foreign bank on the concentration of loans and deposits. "'
5. in Article 4 (1), point (f) shall be deleted;
6. In Article 4 (4), the words "to (f) 'are deleted.
7. Paragraph 6 (2) reads as follows:
"(2) The bank and the branch of a bank from a non-Member State shall draw up, on the last day of each calendar quarter, the statement BD (CNB) 23-04" Interest risk reporting "within 33 days after the end of the calendar quarter to which it relates. The statement drawn up for the fourth quarter shall be submitted by 10 February of the following year. ';
footnote 2 is deleted.
8. In Article 6, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The Bank shall compile and submit on an individual basis reports in accordance with the directly applicable European Union regulation governing the prudential requirements and those implementing it.
(4) A bank which is not included in the prudential consolidation at the level of the Czech Republic and a branch of a bank other than a Member State shall draw up and submit, for each calendar year, by 15 March, a statement of FP (IND) 01-01 "Financing plans on an individual basis," as on 31 December of the preceding year. "
Paragraph 3 shall become paragraph 5.
9. In Article 6 (5), the words "2 (a), with the exception of statements which monitor facts relating to leverage 'are replaced by the words" 3'.
10.
Reporting on a consolidated basis
(1) A bank which is a domestic controlling bank and which is not controlled by a European financial holding company and a financial holding person shall be established and submitted by:
(a) statements pursuant to a directly applicable European Union regulation governing the prudential requirements and rules implementing it;
(b) for each calendar year until 15 March, by 31 December of the preceding year, a statement of FP (CON) 01-01 "Financing plans on a consolidated basis"; and
(c) for each calendar year until 31 January according to the condition on 1 January and without undue delay after the change or occurrence of the relevant event, the E (CNB) report 8-01 "Group Report."
(2) The statement referred to in paragraph 1 (c) of the Bank, which is a domestic controlling bank, and the financial holding person does not submit a report to the Czech National Bank on the structure of the group and the persons in the group pursuant to the legislation implementing certain provisions of the Financial Conglomerates Act.
(3) The bank which is a member of a group of mixed holding persons shall compile:
(a) on the last day of each calendar quarter and submit, within 35 days of the end of the calendar quarter to which it relates, the BD (CNB) report 14- 04 "Intra-group reporting of mixed holding persons"; and
(b) for each calendar year, by 1 January and by 31 January and without undue delay after the change or occurrence of the relevant event, submit a statement E (CNB) 8-01 "Group Report."
(4) The statement referred to in paragraph 3 (a) for the fourth quarter shall be submitted by 25 March of the following year. "
11. in Article 8 (1), "§ 4 (1) (e) (1) and (f), § 6 (2) (b)" is replaced by "§ 6 (2) and (4)."
12. in Articles 10 (1), 11 (1) and 11 (4), first sentence, the words "Bank and branch of a foreign bank" shall be replaced by "Bank, branch of a foreign bank and financial holding person."
13. in Articles 10 (4), 11 (3) and 11 (4), second sentence, the words "bank and branch of a foreign bank" are replaced by the words "bank, branch of a foreign bank and financial holding person."
14. in Article 12 (1), the words "bank or branch of a foreign bank" shall be replaced by "bank, branch of a foreign bank and financial holding person."
15. in Article 12 (2), "31 December" is replaced by "end of the financial year."
16. in Article 12 (3), "31 December of last year" is replaced by "end of last financial year."
17. in Article 14 (1), the words "and financial holding person" shall be inserted after the word "bank."
18. Paragraph 14 (2) is deleted and paragraph 1 is deleted.
19. Article 15 shall be deleted, including the title.
20. In Annex 1, the words "bank and branch of a foreign bank 'are deleted from the title.
21. in Annex No 1, point 22 is deleted;
Points 23 to 35 shall become points 22 to 34.
22. In Annex 1, point 23 reads as follows:
"23. BD (ČNB) 23-04" Interest risk reporting "
The interest rate report shall include an overview of the expected cash flows from assets, liabilities and off-balance sheet items by revaluation or maturity and by type of interest rate, as well as the results of the remote-value supervisory test. ';
23. In Annex 1, point 26, the words "consolidation unit structure 'are replaced by the words" group' and the words "consolidation unit and persons' are replaced by the words" group structure and persons therein '.
24. In Annex 1, points 30 and 31 read:
"30. FP (IND) 01-01" Financing plans on an individual basis "
The report contains information on plans to finance the business activities of the bank, which is not included in the prudential consolidation at the level of the Czech Republic, and branches of a foreign bank from a non-Member State in the next 3 years. It includes data on loans, deposits and issued securities, sources of funding from the public sector and central banks, insured and unsecured deposits and financial instruments similar to deposits, structures of innovative financing, forecasts of liquidity indicators, pricing for loans, deposits and other liabilities, restructuring plans and forecast profit and loss accounts.
31. FP (CON) 01-01 "Financing plans on a consolidated basis"
The report shall contain information on the financing plans for the Bank's business activities and the financial holding company for the following 3 years on a consolidated basis. It shall include data on loans, deposits and issued securities, sources of funding from the public sector and central banks, insured and unsecured deposits and financial instruments similar to deposits, structures of innovative financing, forecasts of liquidity indicators, price formation for loans, deposits and other liabilities, restructuring plans and forecast profit and loss accounts. ';
25. In Annex No 2, point 4, penultimate paragraph, the word "financial 'is deleted.
26. In Annex 3 to the Introductory Part, the words "consolidation units' are replaced by the words" groups' and the words "and financial holding person 'are inserted after the words" bank'.
27. in Annex 3, point 2 (d) and point 3 (d), the words "in the consolidation unit" are replaced by the words "in the group."
28. In Annex 3, points 4 and 5, the words "consolidation unit 'are replaced by the words" group' and the words "assembled 'are replaced by the words" assembled'.
29. Annex No 4 is deleted.
Transitional provisions
1. The statement provided for in Article 6 (4) of Decree No. 346 / 2013 Coll., as effective from the date of entry into force of the Order, shall be drawn up by a bank which is not included in the prudential consolidation at the level of the Czech Republic and by a branch of a bank from a non-Member State for the first time on 31 December 2021.
2. The statement provided for in Article 7 (1) (b) of Decree No 346 / 2013 Coll., as effective from the date of entry into force of the Order, shall be drawn up by the bank and the financial holding company for the first time on 31 December 2021.
3. The statement provided for in Articles 4 (1) (b) and 5 (b) of Decree No 346 / 2013 Coll., as effective from the date of the entry into force of this Order, shall be drawn up by the bank and the branch of the foreign bank for the last time by 31 December 2021.
Amendment of the Order on the submission of statements by savings and credit cooperatives of the Czech National Bank
Decree No. 426 / 2013 Coll., on the submission of statements by savings and credit cooperatives to the Czech National Bank, as amended by Decree No. 310 / 2014 Coll., Decree No. 301 / 2015 Coll. and Decree No. 326 / 2019 Coll., is amended as follows:
1. At the end of footnote 1, the words "as amended 'are added.
2. in Paragraph 3 (2) (b), "29" is replaced by "25."
3. in Article 3 (4) (d), the words "cooperative reserve" shall be deleted;
4. In Article 3, the following paragraph 5 is inserted after paragraph 4:
"(5) The statement referred to in paragraph 4 (b) and (d), drawn up for the fourth quarter, shall be submitted by 10 February of the following year."
Paragraph 5 shall become paragraph 6.
5. In Article 3, the following paragraph 7 is added:
"(7) The cooperative reserve, which is not included in prudential consolidation at the level of the Czech Republic, shall be drawn up and submitted for each calendar year by 15 March according to the status of 31 December of the preceding year by FP (IND) 01-01" Financing plans on an individual basis. "'
6.
Cooperative reserve accounts in the group of mixed holding persons
(1) The cooperative reserve, which is a member of a group of mixed holding persons, comprises:
(a) on the last day of each calendar quarter and submit, within 35 days of the end of the calendar quarter to which it relates, a statement of DZ (CNB) 81-04 "Reporting of the cooperative reserve on intra-group operations of mixed holding persons"; and
(b) for each calendar year, by 1 January and by 31 January and without undue delay after the change or occurrence of the relevant event, submit a statement of DZ (ČNB) of 80-01 "Group Report."
(2) The statement referred to in paragraph 1 (a), drawn up for the fourth quarter, shall be submitted by 25 March of the following year. "
7. In Article 7 (2), the last sentence is deleted.
8. In Section 9, the words "which is a member of a group of mixed holding persons," shall be inserted after the words "cooperative reserve."
9. In Annex 1, point 4:
"4. DZ (ČNB) 80-01" Group Report "
The statement shall contain basic information on the structure of the group of mixed holding persons and persons included therein, which shall include basic identification data, core capital, basic identification and classification data on the members of the management bodies and on qualifying holdings. ';
10. In Annex 1, point 8 reads:
"8th DZ (ČNB) 23-04" Interest risk reporting "
The interest rate report shall include an overview of the expected cash flows from assets, liabilities and off-balance sheet items by revaluation or maturity and by type of interest rate, as well as the results of the remote-value supervisory test. ';
11. The following point 9 is added at the end of Annex 1:
"9. FP (IND) 01-01" Financing plans on an individual basis "
The report contains information on plans for the financing of business activities of the cooperative reserve which is not included in the prudential consolidation at the level of the Czech Republic in the following 3 years. It shall include data on loans, deposits and issued securities, sources of funding from the public sector and central banks, insured and unsecured deposits and financial instruments similar to deposits, structures of innovative financing, forecasts of liquidity indicators, price formation for loans, deposits and other liabilities, restructuring plans and forecast profit and loss accounts. ';
12. In Annex 2, point 5, penultimate paragraph, the word "financial 'is deleted.
13. In Annex 3 to the Introductory Part, the words "consolidation units' are replaced by the words" groups' and the words "which is a member of a group of mixed holding persons' are inserted after the words" cooperative reserve '.
14. in Annex 3, points 2 and 3, at the end of point (c), the comma shall be replaced by a semicolon and points (d) and (e) shall be deleted;
15. In Annex 3, points 4 and 5, the words "consolidation unit 'are replaced by the words" groups' and the words "persons included in the consolidation unit set up for prudential requirements' are deleted.
Transitional provision
The statement provided for in Article 3 (7) of Decree No. 426 / 2013 Coll., as effective from the date of entry into force of the Decree, shall be drawn up by a cooperative reserve which is not included in prudential consolidation at the level of the Czech Republic, for the first time on 31 December 2021.
EFFECTIVE
This Decree shall take effect on the day following that of its publication.
Governor:
Ing. Rusnok v. r.
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Regulation Information
| Citation | Decree No. 246 / 2021 Coll., amending Decree No. 346 / 2013 Coll., on the submission of statements by banks and branches of foreign banks to the Czech National Bank, as amended, and Decree No. 426 / 2013 Coll., on the submission of statements by savings and credit cooperatives to the Czech National Bank, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2021 |
|---|---|
| Effective from | 01.07.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Finance
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