Decree No. 267 / 2020 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 01.07.2020
267
DECLARATION
of 1 June 2020
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 pursuant to § 478 of Act No. 240 / 2013 Coll., on Investment Companies and Investment Funds, as amended by Act No. 336 / 2014 Coll. and Act No. 204 / 2017 Coll.:
Subject matter
This decree sets out the scope, structure, form, manner and time limits of submission of information to the Czech National Bank pursuant to § 41 (3) of the Act on the Czech National Bank and for notification of data pursuant to § 15 (6), § 462 to 464, § 466 (1), (2) and (4), § 468 and § 469 (b) of the Act on investment companies and investment funds
(a) an investment fund manager and a foreign investment fund authorised to operate by the Czech National Bank or a foreign person (1) (hereinafter referred to as the "manager");
(b) a person comparable to the manager on the list kept by the Czech National Bank2 (hereinafter referred to as the "asset manager"); and
(c) the chief administrator of the investment fund and the foreign investment fund.
Definition of terms
For the purposes of this decree:
(a) by the reporting person, the person submitting the statements under this decree;
(b) a structured data set generated by the reporting entity,
(c) a data set of electronic data clusters with predefined data structures that are methodologically described, processed and transmitted as a whole by the information system;
(d) the data submitted for the fund managed and the data submitted separately for each individual sub-fund or facility set up comparable to the sub-fund.
Reporting by the investment company and the self-governing investment fund as manager
(1) The investment company shall submit data for its person on the last day of the calendar quarter by:
(a) 35 days after 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 "Balance sheet" and
2. OFZ (ČNB) 20-04 "Profit and loss account,"
(b) 40 days after the end of the first, second and third calendar quarters and within 55 days after the end of the calendar year to which they relate, the following statements:
1. OFZ (ČNB) 50-04 "Summary information" and
2. OFZ (ČNB) 60-04 "Report on the fulfilment of the conditions for the performance of activities."
(2) A self-governing collective investment fund shall submit the statements referred to in paragraph 1 (b) per person.
(3) The self-governing investment fund of qualified investors shall submit the statements referred to in paragraph 1 (b) for its person with data on the last day of the calendar year within 55 days of the end of the calendar year to which it relates.
Reporting of the collective investment fund
(1) The manager of a collective investment fund or comparable foreign investment fund shall submit, for each such fund operated:
(a) 30 days after the end of the calendar month to which it relates, the statement of OFZ (CNB) 11-12 "Securities issued by the managed fund" with details on the last day of the calendar month;
(b) 35 days after the end of the 1, 2 and 3 calendar quarters and within 50 days after the end of the calendar year to which they relate, the following statements with the data at the last day of the calendar quarter:
1. OFZ (ČNB) 10-04 "Balance sheet" and
2. OFZ (ČNB) 20-04 "Profit and loss account,"
(c) 40 days after the end of the 1st, 2nd and 3rd calendar quarters and within 55 days after the end of the calendar year to which it relates, the statement of OFZ (CNB) 31- 04 "Structure of investment instruments held by the fund 'with the data at the last day of the calendar quarter.
(2) Where the managed fund referred to in paragraph 1 creates sub-funds or facilities comparable to the sub-fund, the manager shall submit for each sub-fund such managed fund the statements referred to in paragraph 1 (a) to (c) and for the entire managed fund the statements referred to in paragraph 1 (b) without including data for the sub-funds created.
(3) The manager of a special real estate fund or comparable foreign investment fund shall, 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, submit an OFZ (CNB) statement of 40-04 "Real estate data" with data at the last day of the calendar quarter.
Reporting by the qualifying investor fund
(1) The manager of a qualifying investor fund or comparable foreign investment fund shall submit, for each such fund operated by the end of the fourth month following the end of the calendar year to which they relate, the following statements with data on the last day of the calendar year:
a) OFZ (ČNB) 10-04 "Balance sheet,"
(b) OFZ (ČNB) 20-04 "Profit and loss account"; and
(c) OFZ (ČNB) 34-01 "Reporting of the qualifying investor fund."
(2) Where the managed fund referred to in paragraph 1 creates sub-funds or facilities comparable to the sub-fund, the manager shall, for each sub-fund of such managed fund, submit the statements referred to in paragraph 1 (a) to (c) and for the entire managed fund the statements referred to in paragraph 1 (a) and (b) without including the data for the sub-funds created.
Reporting of the AIF
(1) The manager, who is entitled to exceed the applicable limit under Section 16 (1) of the Investment Companies and Investment Funds Act, submits the AFZ (CNB) report 33- 04 "Reporting of the excess manager of the AIF" and individually for each AIF the AFZ (CNB) statement 35- 04 "Reporting of the AIF of the excess administrator" within the deadlines referred to in Article 110 (3) of Commission Delegated Regulation (EU) No 231 / 20133.
(2) An operator who is not entitled to exceed the applicable limit under Section 16 (1) of the Investment Companies and Investment Funds Act shall submit an AFZ (CNB) statement 36-01 "Reporting of the underlimit manager of the AIF" and, for each AIF, an AFZ (CNB) statement 37-01 "Reporting of the alternative fund of the underlimit manager" by the end of the first month following the end of the calendar year.
Reports in other cases
(1) The manager shall submit, for each fund managed, by the end of the first month following the end of the calendar year to which it relates, a statement of OFZ (CNB) of 70-01 "Key Information" with data on the last day of the calendar year.
(2) The asset manager shall submit the statement OFZ (CNB) 36-01 "Reporting of the underlimit manager of the AIF" and, for each managed AIF or similar facility, the statement OFZ (CNB) 37-01 "Reporting of the alternative fund of the underlimit administrator" by the end of the first month following the end of the calendar year.
(3) The property manager shall submit a statement of the OFZ (CNB) 15-01 "Auditor's report" for himself by the end of the sixth month following the end of the calendar year.
Reporting by the main administrator
The main administrator shall submit data on the last day of the calendar quarter by:
(a) 35 days after 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 "Balance sheet" and
2. OFZ (ČNB) 20-04 "Profit and loss account,"
(b) 40 days after the end of the 1, 2 and 3 calendar quarters and within 55 days after the end of the calendar year to which it relates, the statement of OFZ (CNB) 50-04 "Summary information."
Common provisions
(1) The content of the statements provided for in Sections 3 to 8 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 accounts and the drawing-up of accounts (4) or international accounting standards governed by European Unionlaw (5).
(3) Data in foreign currencies shall be reported in Czech currency in the statements provided for in this Decree, by the foreign exchange market rate declared by the Czech National Bank and valid for 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 submits to the Czech National Bank the statements according to § 3 to 8 in electronic form as data messages in the format and structure of the data files.
(2) The data messages referred to in paragraph 1 are transmitted by means enabling remote access via the Internet application or user interface of the Czech National Bank collection system.
(3) The data report referred to in paragraph 1 shall be signed by the reporting person by a recognised electronic signature of the contact person.
(4) The reporting person shall communicate to the Czech National Bank the names, workplace address, telephone number and e-mail address of the contact persons. The reporting agent shall inform the Czech National Bank without undue delay of changes to this data.
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 to the Czech National Bank within the time limit referred to in paragraph 1 or 2 in accordance with Section 10 together with information on the content and the reason for the correction.
Transitional provisions
(1) For the obligation to draw up and submit statements relating to the period prior to the date of entry into force of this Order, Decree No. 249 / 2013 Coll., as effective before the date of entry into force of this Order, shall apply.
(2) The statement referred to in Article 7 (1) of this Decree shall be presented by the manager for the first time in the calendar year following the date referred to in Article 32 (1) of Regulation (EU) No 1286 / 20146 of the European Parliament and of the Council.
Repeal
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, is repealed.
Efficacy
This Decision shall enter into force on 1 July 2020.
Governor:
Ing. Rusnok v. r.
Annex to Decree No 267 / 2020 Coll.
Content of the reports submitted by the manager and the main administrator of the Czech National Bank
1. OFZ (ČNB) 10-04 "Balance sheet"
The statement shall contain data on the financial position of the reporting person and the fund managed.
2. OFZ (ČNB) 20-04 "Profit and loss account"
The report shall contain data on the results of the reporting agent's and the fund's management. Data shall be reported from the beginning of the year to the end of the reference period.
3. OFZ (ČNB) 11-12 "Securities issued by the managed fund"
The statement shall contain data on the number and volume of securities issued by the fund under management, including the issue and redemption data, the structure of securities issued by classes and the number of investors.
4.OFZ (ČNB) 31-04 "Structure of investment instruments held by the fund '
The statement shall contain information on the individual investment vehicles held by the Fund, the calculation of the total exposure of the Fund and the value of collateral in each foreign currency.
5. OFZ (ČNB) 33-04 "Reporting of the excess fund manager"
The report shall contain data concerning the operator and part of the data on the special fund and the qualifying investor fund referred to in Annex IV to Commission Delegated Regulation (EU) No 231 / 2013.
6. OFZ (ČNB) 34-01 "Reporting of qualified investor fund"
The statement shall contain data on the number and volume of securities issued by the qualifying investor fund, including data on their issue and redemption, on the structure of securities issued by class and on the number of investors.
7. OFZ (ČNB) 35-04 "Report on the Alternative Fund of Excessive Maintainer"
The report shall contain part of the data on the special fund and the qualifying investor fund referred to in Annex IV to Commission Delegated Regulation (EU) No 231 / 2013.
8. OFZ (ČNB) 36-01 "Reporting of the sub-limit manager of the alternative fund"
The statement shall contain the data referred to in Annex IV to Commission Delegated Regulation (EU) No 231 / 2013 concerning the manager and part of the data on the special fund, the qualifying investor fund and the assets managed by the AIFM.
9. OFZ (ČNB) 37-01 "Report on the Alternative Fund of the Underlimit Administrator"
The statement shall contain part of the data referred to in Annex IV to Commission Delegated Regulation (EU) No 231 / 2013 on the special fund, the qualifying investor fund and the assets managed by the AIFM.
10. OFZ (ČNB) 40-04 "Real estate data"
The statement shall contain data on real estate and real estate investments in which the fund invests. Real estate data shall include basic real estate identification data of the real estate fund and real estate company and quantitative data of the real estate of the real estate fund and real estate company. 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.
11. OFZ (ČNB) 50-04 "Summary information'
The statement shall contain the basic identification and classification data of the reporting person. In the case of an investment company operating a trust fund trustee that is not an investment fund, aggregated data on the trust funds managed are also reported.
12. OFZ (ČNB) 60-04 "Reporting on compliance with the conditions for performance"
The report shall include information on capital structure, minimum capital requirements and composition of assets according to liquidity.
13. OFZ (ČNB) 70-01 "Key Information"
The report shall include information on retail investment products and the creators of such products submitted to retail investors pursuant to Regulation (EU) No 1286 / 2014 of the European Parliament and of the Council. In the case of investment products, the selected data needed to systemize them in terms of type, profitability, risk, length of possession and other relevant categories shall be reported. Data shall be reported only at the level of each classes of participating securities issued by the Fund. For funds which do not fall within the scope of Regulation (EU) No 1286 / 2014 of the European Parliament and of the Council because they are only available to professional customers, the statement contains information that the Fund does not fall within the scope of Regulation (EU) No 1286 / 2014 of the European Parliament and of the Council.
14. OFZ (ČNB) 15-01 "Audit Report"
The report contains an auditor's report on compliance with the limit on the number of investors under Section 15 (6) of the Investment Companies and Investment Funds Act.
1) Paragraph 14 (1) or (2) of Act No. 240 / 2013 Coll., on investment companies and investment funds, as amended.
2) Sections 15 and 596 (f) of Act No. 240 / 2013 Coll.
(3) 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.
4) 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.
5) 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.
(6) Regulation (EU) No 1286 / 2014 of the European Parliament and of the Council of 26 November 2014 on the key information document concerning structured retail investment products and insurance-based investment products, as amended.
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Regulation Information
| Citation | Decree No. 267 / 2020 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 | 04.06.2020 |
|---|---|
| Effective from | 01.07.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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