Decree No. 249 / 2013 Coll.
Ordinance on the notification of data by the manager and administrator of the investment fund and foreign investment fund to the Czech National Bank
Valid
Order
Effective from 19.08.2013
Text versions:
19.08.2013
249
DECLARATION
of 24 July 2013
on the notification of data by the manager and administrator of the investment fund and foreign investment fund to the Czech National Bank
The 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., and under § 478 of Act No. 240 / 2013 Coll., on investment companies and investment funds:
Subject matter
This decree sets out the scope, structure, form, manner and time limits of the submission of information pursuant to § 41 (3) of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 227 / 2013 Coll., and for the notification of the data referred to in § 462, 463, 464, § 466 (1), (2) and (4), § 468 and § 469 (b) of the Act No. 240 / 2013 Coll., on investment companies and investment funds (hereinafter referred to as "the Act ') by the manager of the Investment Fund and by the Admin.
Definition of terms
For the purposes of this decree:
(a) a statement of a document containing a set of reported data under this decree;
(b) a data set of electronic data clusters with pre-defined data structures that are methodologically described, processed and transmitted as a whole by the information system;
(c) the security mark shall be electronically affixed to the data message and shall comply with the following requirements:
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 electronic tags which the designating person can keep under his sole control; and
3. are connected to the data message to which they relate in such a way that any subsequent change of data can be identified.
Overview of statements submitted by the operator
(1) The manager of an investment fund or foreign investment fund, who is authorised to operate by the Czech National Bank and who is not a self-governing investment fund, shall submit data for himself on the last day of the calendar quarter
(a) within 35 days of the end of the first, second and third calendar quarters and within 50 days of the end of the calendar year to which they relate, the following statements:
1. OFZ (ČNB) 10-04 "Quarterly balance sheet of the manager / main administrator / fund"; and
2. OFZ (ČNB) 20-04 "Quarterly profit and loss account of the manager / chief administrator / fund manager,"
(b) within 40 days of the end of the first, second and third calendar quarters and within 55 days of the end of the calendar year to which they relate, the following statements:
1. OFZ (ČNB) 50-04 "Reporting on the organisational structure of the manager / main administrator"; and
2. OFZ (ČNB) 60-04 "Reporting by the manager of compliance with the conditions for carrying out the activity."
(2) The manager of a collective investment fund or comparable foreign investment fund, which is authorised to operate by the Czech National Bank, and the manager who is a foreign person pursuant to Paragraph 14 (1) or (2) of the Act and manages a collective investment fund, is to submit for each such fund operated by the Czech National Bank
(a) within 30 days of the end of the calendar month to which it relates, the statement of OFZ (CNB) 11-12 "Monthly information of the fund managed" with the information on the last day of the calendar month;
(b) within 35 days of the end of the first, second and third calendar quarters and within 50 days of the end of the calendar year to which they relate, such statements with data at the last day of the calendar quarter;
1. OFZ (ČNB) 10-04 "Quarterly balance sheet of the manager / main administrator / fund"; and
2. OFZ (ČNB) 20-04 "Quarterly profit and loss account of the manager / chief administrator / fund manager,"
(c) within 40 days of the end of the first, second and third quarters and within 55 days of the end of the calendar year to which they relate, such statements with data at the last day of the calendar quarter;
1. OFZ (ČNB) 31-04 "Structure of investment instruments held by the fund '; and
2. OFZ (ČNB) 32-04 "Compilation of the assets of the managed fund."
(3) The manager of a qualifying investor fund or comparable foreign investment fund authorised to operate by the Czech National Bank and the manager who is a foreign person under Paragraph 14 (1) or (2) of the Act and manages a qualifying investor fund shall, for each such fund, submit, by the end of the fourth month following the end of the year to which they relate, such statements with data at the last day of the financial year.
(a) OFZ (ČNB) 10-04 "Quarterly balance sheet of the manager / main administrator / managed fund,"
(b) OFZ (CNB) 20-04 "Quarterly profit and loss account of the manager / main administrator / fund '; and
(c) OFZ (ČNB) 34-01 "Reporting of the qualifying investor fund."
(4) An investment fund manager or a foreign investment fund who is authorised to operate by the Czech National Bank to exceed the applicable limit and fulfils the requirements of Article 110 (3) of Regulation (EU) No 231 / 20131, presents the statement OFZ (CNB) 33- 04 "Reporting of the manager within the meaning of Article 24 of the AIFMD" and individually for each managed fund the statement OFZ (ČNB) 35- 04 "Reporting of the managed fund within the meaning of Article 24 of the AIFMD" within the deadlines set out in this Regulation.
(5) The manager of a qualifying investor fund or comparable foreign investment fund or the manager of a special fund or comparable foreign investment fund authorised by the Czech National Bank and does not comply with the requirements of Article 110 (3) of Regulation No 231 / 20131 of the European Union, shall submit an OFF (CNB) statement 36- 01 "Reporting of the manager within the meaning of Article 3 (3) of the AIFMD" and, individually, for each managed fund, the OFZ (ČNB) statement 37- 01 "Reporting of the managed fund within the meaning of Article 3 (3) of the AIFMD" within the time limits of this Regulation.
Reporting in specific cases
(1) An investment fund manager, which is a variable-capital joint-stock company which creates sub-funds, and an external investment fund manager, who creates facilities comparable to the sub-fund and who is authorised to operate by the Czech National Bank, shall submit statements to the extent of Article 3 (2) to (5) individually for each of these sub-funds.
(2) The person referred to in § 596 (f) of the Act submits the statement referred to in § 3 (3) (a) and (c), as well as the statement of OFZ (ČNB) 36-01 "Reporting of the owner within the meaning of Article 3 (3) of the AIFMD" and individually for each managed trust fund or similar facility referred to in § 15 (2) (c) of the Act of the AFZ (ČNB) 37- 01 "Reporting of the managed fund within the meaning of Article 3 (3) of the AIFMD" pursuant to Article 5 (5) of Regulation No 231 / 20131 / 20131 of the European Union.
Overview of reports submitted by the administrator
(1) The managing administrator shall submit data for its person on the last day of the calendar quarter
(a) within 35 days of the end of the first, second and third calendar quarters and within 50 days of the end of the calendar year to which they relate, the following statements:
1. OFZ (ČNB) 10-04 "Quarterly balance sheet of the manager / main administrator / fund"; and
2. OFZ (ČNB) 20-04 "Quarterly profit and loss account of the manager / chief administrator / fund manager,"
(b) within 40 days of the end of the first, second and third calendar quarters and within 55 days of the end of the calendar year to which it relates, the OFZ (CNB) report 50-04 "Reporting on the organisational structure of the manager / main administrator."
(2) The administrator of a special fund that invests in real estate or shares in real estate companies shall submit an AFZ (CNB) statement 40-04 "Real Estate Data" for that fund with data on the last day of the calendar quarter within 40 days after the end of the first, second and third calendar quarters and 55 days after the end of the calendar year to which it relates.
(3) The investment fund administrator referred to in paragraph 2, which is a variable-capital joint-stock company which creates sub-funds, and the administrator of the foreign investment fund which creates facilities comparable to the sub-fund and whose manager is authorised to operate by the Czech National Bank, provides a statement within the scope of paragraph 2 for each of those sub-funds.
Common provisions
(1) The content of the statements provided for in Sections 3 to 5 is set out in the Annex to this Decree.
(2) The information contained in the statements provided for in this decree is based on the legal provisions governing the keeping of accountancy and the drawing up of accounts (2) or international accounting standards governed by European Unionlaw (3).
(3) The data in foreign currencies shall be shown in the statements in Czech currency according to this decree, by conversion according to the foreign exchange market rate declared by the Czech National Bank and in force on the date of drawing up of the statement. The currencies not included in the foreign exchange market rates declared by the Czech National Bank are recalculated by the official central rate of the central bank of the country concerned, or by the current exchange rate of the interbank market to the US dollar or euro.
Method and form of reporting
(1) The reporting person sends the Czech National Bank reports pursuant to § 3 to 5 electronically as data messages in the structure and form of data files available 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 programme applications referred to in paragraph 1 (a) and (c) shall be signed by a contact person recognised by electronic signature.
(3) Data messages sent through the programme application referred to in paragraph 1 (b) shall be marked by the reporting person based on a certificate issued by the Czech National Bank.
Correction of errors in statements
(1) If an error is detected in the statement data following the submission of the reports to the Czech National Bank, the reporting person shall submit the corrected report to the Czech National Bank without undue delay. If the correction affects data in other statements or statements for other periods of time, the reporting agent shall also correct all such subsequent statements.
(2) If, in the statement drawn up on the last day of the calendar year, the reported data is changed on the basis of an audit of the financial statements, the reporting agent shall submit the report again with the corrected data, no later than 30 days after the audit of the financial statements. If the correction affects the data in another statement or statement for other periods of time, the reporting agent shall also correct all such subsequent statements.
(3) The revised statements shall be submitted by the reporting agent within the period referred to in paragraph 1 or 2 to the Czech National Bank in the manner set out in Section 7 together with information on the content and the reason for the correction.
Provision of organisational assumptions for reporting
(1) The reporting person who submits the statements to the Czech National Bank using the application referred to in § 7 (1) (a) or (c) shall communicate to the Czech National Bank:
(a) the name and, where appropriate, the names of the contact persons;
(b) the address of the workplace, telephone number and e-mail address of such persons; and
(c) the number of the qualified certificate, including the name and identification number of the person of the certification service provider who issued it.
(2) The reporting person shall inform the Czech National Bank without undue delay of changes to the data referred to in paragraph 1.
Transitional provisions
(1) For the submission of the Czech National Bank's statements for the period up to the end of the calendar month preceding the effective date of this decree, the procedure is followed in accordance with Decree No. 358 / 2010 Coll.
(2) The reporting agents under this decree shall submit for the first time the statements under this decree for the period of the calendar month in which that decree took effect.
(3) The reporting agents referred to in Articles 3 (4) and (5) and 4 (2) shall submit statements for the period starting on the first day of the calendar month beginning on the relevant reporting period, in which, pursuant to Article 652 of the Act, they have indicated their IF ratios and ratios which comply with the requirements of the law, but not later than 22 July 2014.
Efficacy
This decree shall take effect on the day of its publication.
Governor:
Ing. Singer, Ph.D., v. r.
Annex to Decree No 249 / 2013 Coll.
Basic characteristics and content of the statements submitted by the manager and administrator of the investment fund or foreign investment fund to the Czech National Bank
1. OFZ (ČNB) 10-04 Quarterly balance sheet of the manager / main administrator / fund
The report shall contain information on the financial position of the reporting agent under Section 466 (2) (a) of the Act and the fund managed under Section 466 (1) (a) of the Act. The structure of the statement is based on the balance sheet according to Decree No. 501 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are banks and other financial institutions (hereinafter "Decree No. 501 / 2002 Coll. ').
2. OFZ (ČNB) 20-04 Quarterly profit and loss account of the manager / main administrator / fund
The report shall contain data on the results of the reporting entity's management under § 466 (2) (b) and the fund managed under § 466 (1) (b) of the Act. The structure of the report is based on the profit and loss account according to Decree No. 501 / 2002 Coll. Data shall be reported from the beginning of the year to the end of the reference period.
3. OFZ (ČNB) 11-12 Monthly information of the fund managed
The statement contains basic information on the composition of the fund's assets pursuant to § 462 (a) in the form of a structure of balance sheet assets based on Decree No. 501 / 2002 Coll. It also contains the number and volume of securities issued by the fund under management, including the data on their issue and redemption pursuant to Section 466 (1) (c) of the Act, information on the risks related to derivatives according to the type of risk referred to in Section 468 (a) and (b) of the Act and data on the structure of securities issued by type.
4. OFZ (ČNB) 31-04 Structure of investment instruments held by the fund
The statement contains information on individual investment vehicles held by the fund pursuant to § 462 (a) of the Act. Identification data shall be provided to distinguish individual investment vehicles with a share of more than 1% of the assets of the managed fund, links to investment limits under Government Regulation 243 / 2013 Coll., on investment of investment funds and on techniques for their management, and quantitative data shall also characterise the value of each investment instrument and, for securities, the share of the volume of securities issued by one issuer.
5. OFZ (ČNB) 32-04 Composition of the assets of the collective investment fund
The statement contains aggregated data on the composition of the assets of the collective investment fund broken down by types of assets in which the fund may invest under Paragraph 462 (a) in relation to limits under Government Regulation No 243 / 2013 Coll.
6. OFZ (ČNB) 33-04 Reporting of the operator within the meaning of Article 24 of the AIFMD
The report shall contain data relating to the operator and part of the activity data of the special funds and qualified investor funds referred to in Annex IV to Regulation (EU) No 231 / 20131).
7. OFZ (ČNB) 34-01 Reporting of qualified investor fund
The report shall contain data on the number and volume of securities issued by the qualifying investor fund, including data on their issue and redemption, pursuant to Section 466 (1) (c) of the Act, and data on the number and value of investors' assets broken down in accordance with Section 462 (b) and (c) of the Act.
8. OFZ (ČNB) 35-04 Reporting on the managed fund within the meaning of Article 24 of the AIFF
The report shall contain part of the activity data of the special funds and qualified investor funds referred to in Annex IV to Regulation (EU) No 231 / 20131).
9. OFZ (ČNB) 36-01 Reporting of the operator within the meaning of Article 3 (3) of the AIFMD
The report shall contain data concerning the operator and part of the activity data of the special funds and funds of qualified investors and persons listed in accordance with Section 596 (f) of the Act pursuant to Annex IV to Regulation No 231 / 20131 of the European Union).
10. OFZ (ČNB) 37-01 Reporting on the managed fund within the meaning of Article 3 (3) of the AIFMD
The report shall contain part of the activity data of the special funds and funds of qualified investors and persons listed under Section 596 (f) of the Act pursuant to Annex IV to Regulation No 231 / 20131 of the European Union).
11. OFZ (ČNB) 40-04 Real estate data
The report contains data on real estate and real estate holdings in which the fund invests pursuant to Section 469 (b) of the Act. Real estate data shall include basic real estate identification data for the real estate and real estate companies and quantitative data for the real estate and real estate assets, i.e. in particular the fair value of the real estate, the total positive and negative cash flow associated with the holding of the real estate. Data on the interests of a special real estate fund on real estate companies shall include, in particular, data on the equity of the real estate company, the amount of the fund's equity in the real estate company, the real value of the holdings and loans.
12. OFZ (ČNB) 50-04 Reporting on the organizational structure of the manager / main administrator
The report shall include basic identification and classification data on the reporting entity, information on the members of the statutory and supervisory authority, the management and contact persons for the defined areas of the reporting entity. In addition, the core capital data, the number of employees and the number of administrators in the case of the main administrator are included. The report shall also contain basic identification and classification data for shareholders with a share in the capital or voting rights of more than 5%, including structured data on the size of the share.
13. OFZ (ČNB) 60-04 Reporting by the manager of compliance with the conditions for carrying out the activity
The report contains information on the structure of the capital, the minimum capital requirements and the composition of the assets according to liquidity under Section 466 (2) (c) of the Act.
(1) Commission Delegated Regulation (EU) No 231 / 2013 of 19 December 2012 supplementing Directive 2011 / 61 / EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositories, leverage effect, transparency and supervision.
2) Act No. 563 / 1991 Coll., on Accounting, as amended. Decree No. 501 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are banks and other financial institutions, as amended.
3) Article 2 of Regulation (EC) No 1606 / 2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards.
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Regulation Information
| Citation | Decree No. 249 / 2013 Coll., on the notification of data by the manager and administrator of the investment fund and foreign investment fund to the Czech National Bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.2013 |
|---|---|
| Effective from | 19.08.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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