Decree No. 302 / 2010 Coll.
Decree on the submission of reports and other information by pension funds to the Czech National Bank for supervisory purposes
Valid
Order
Effective from 01.01.2011
Text versions:
01.01.2011
05.11.2010
302
DECLARATION
of 13 October 2010
on the submission of reports and other information by pension funds to the Czech National Bank for supervisory purposes
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.:
Subject matter
This decree sets out the content, form, time limits, manner in which the statements are to be drawn up and how further information is to be submitted by the pension fund (hereinafter referred to as the reporting entity). Czech National Bank for Supervision.
Definition of terms
For the purposes of this decree:
(a) a statement of a structured set of data having material and formal links;
(b) a data set of data groups with predefined data structures that are methodologically described, transmitted and processed 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 security marks 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 detected;
(d) the contact person of the person or persons who submit the statements to the Czech National Bank on behalf of the reporting entity.
Overview of reports submitted
The reporting entity shall compile:
(a) on the last day of the calendar month and submit the following statements within 15 calendar days following the end of the calendar month to which they relate:
1. PEF (CNB) 10-12 "Monthly balance sheet of the pension fund,"
2. PEF (CNB) 20-12 "Monthly profit and loss account of pension funds"; and
3. PEF (ČNB) 34-12 "Status Report of the Pension Fund Portfolio,"
(b) on the last day of the calendar quarter and submit the following statements within 30 calendar days following the end of the calendar quarter to which they relate:
1. PEF (ČNB) 50-04 "Reporting on the organisational structure of the pension fund"; and
2. PEF (ČNB) 31-04 "Specifications of received and paid funds."
Common provisions for reporting
(1) The content of the statements provided for in Article 3 is set out in the Annex to this decree. The statements shall be drawn up according to the end of the period to which they relate, unless otherwise specified in the Annex.
(2) The reporting body shall, when drawing up the reports submitted, proceed mutatis mutandis to their nature in accordance with the laws governing the keeping of accountancy and the drawing up of accounts (1) or international accounting standards governed by European Unionlaw (2).
(3) The reporting entity shall, if required, convert data expressed in foreign currency into data expressed in Czech currency at the foreign exchange market rate declared by the Czech National Bank and in force on the date of drawing up the statement. The currencies that are 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.
(4) The reporting entity shall measure the assets and liabilities as at the date of drawing up the statement.
Further information submitted to the Czech National Bank
(1) The reporting body submits the Annual Report (3) to the Czech National Bank in electronic form provided for by the legislation on the digitisation of the commercial register (4), at the latest by the end of the seventh month following the end of the period to which it relates. The annual report in electronic form signed by the guaranteed electronic signature (5) based on a qualified certificate issued by an accredited certification service provider shall be submitted to the e-mail office of the Czech National Bank or via the public data network to the data box (6).
(2) If the size of the data message does not allow sending by e-mail or via the data box, the reporting entity shall send the annual report referred to in paragraph 1 in electronic form on the technical data medium to the address of the Czech National Bank.
Method and form of reporting
(1) The reporting entity sends the Czech National Bank the reports provided for in Section 3 in electronic form as data messages and 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 the programme applications referred to in paragraph 1 (a) and (c) shall be signed by a contact person guaranteed by an electronic signature based on a qualified certificate issued by an accredited certification service provider.
(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.
Corrections and changes in accounts
(1) If an error or change in the statement data is detected after the submission of the reports to the Czech National Bank, the reporting entity shall submit the revised data report to the Czech National Bank again without undue delay. If the correction affects data in other statements or statements for further periods of time, the reporting entity 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 entity shall submit the report again with the corrected data, no later than 15 days after the audit of the financial statements. If the correction affects data in another statement or statement for other periods of time, the reporting entity shall also correct all such subsequent statements.
(3) The revised reports shall be submitted by the reporting entity to the Czech National Bank within the time limits referred to in paragraphs 1 and 2 in accordance with the procedure laid down in Section 6, together with information on the content and the reason for the correction.
Provision of organisational assumptions for reporting
(1) The reporting entity which compiles and presents the reports to the Czech National Bank using the application referred to in § 6 (1) (a) or (c) shall communicate to the Czech National Bank:
(a) the names and surnames of the contact persons;
(b) the address of the workplace, the telephone number and the e-mail address of those persons;
(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 entity shall inform the Czech National Bank without undue delay of changes to the data referred to in paragraph 1.
Repeal
Decree No. 93 / 2007 Coll., on the information obligations of the pension fund for the supervision of the Czech National Bank is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 2011.
Governor:
Ing. Singer, Ph.D., v. r.
Annex to Decree No 302 / 2010 Coll.
Basic characteristics and content of the reports submitted by pension funds to the Czech National Bank
PEF (CNB) 10-12 Monthly balance sheet of pension fund
The statement shall contain basic accounting information on the structure of assets, liabilities and equity. 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. '). Assets are reported at book value, uncompensated and compensated by adjustments and adjustments, and the adjustments and adjustments are also reported separately.
PIF (CNB) 20-12 Monthly profit and loss account of pension fund
The statement shall contain basic accounting information on the revenues, costs and results of the management. 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.
PEF (ČNB) 34-12 Status Report of the Pension Fund portfolio
The statement shall contain the basic identification data of the investment vehicles that form the portfolio of the pension fund and quantitative data relating to the asset, i.e. in particular the nominal value, the purchase price, the net cost and the net book value.
In particular, the portfolio of pension funds shall be understood as debt securities, equity securities, such as shares, equity certificates of open-ended mutual funds and other shares in non-equity companies that do not have the character of principal or material influence, notes or similar foreign securities and hedge trading.
PEF (CNB) 3.1-04 Specifications of received and paid funds
The statement shall contain basic information on the funds received and paid in connection with the supplementary pension scheme, the number of funds paid according to the structure of the benefits and the balance sheet of the number of supplementary pension scheme participants.
The data on the funds received and paid and the number of cases paid shall be reported from the beginning of the year to the end of the reference period, the figures on the number of pension beneficiaries being reported according to the status at the date on which the statement is drawn up.
PEF (ČNB) 50-04 Reporting on the organisational structure of the pension fund
The statement shall contain basic identification and classification data on the pension fund, the members of the statutory and supervisory body, the management and contact persons for the defined areas of the reporting entity. Furthermore, data on capital, number of employees and intermediaries are included. The report shall also contain basic identification and classification data for shareholders with a share of capital of more than 5%, including structured data on the size of the share.
1) Paragraph 19 (9) of Act No. 563 / 1991 Coll., on Accounting, as amended.
2) 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.
3) Act No. 563 / 1991 Coll., 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.
4) Article 2 of Decree No. 562 / 2006 Coll., which provides for the method of converting the documents into electronic form, the way in which the transferred documents are handled and the binding electronic form of the documents (the order on the digitisation of the commercial register).
5) Paragraph 2 (b) of Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws (Act on Electronic Signature), as amended.
6) Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended.
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Regulation Information
| Citation | Decree No. 302 / 2010 Coll., on the submission of reports and other information by pension funds to the Czech National Bank for supervisory purposes |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.11.2010 |
|---|---|
| Effective from | 01.01.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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