Decree No. 307 / 2004 Coll.
Decree on the submission of information and documents to the Czech National Bank by persons belonging to the financial institutions sector
Valid
Order
Effective from 01.06.2004
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307
DECLARATION
of 4 May 2004
on the submission of information and supporting documents to the Czech National Bank by persons belonging to the financial institutions sector
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. 257 / 2004 Coll.:
Subject matter
This decree regulates the content, form, form and dates of the submission of information and supporting documents in the form of statistical reports (hereinafter referred to as "statements') to the Czech National Bank by persons belonging to the financial institutions sector under European Union2) and are not a bank or branch of a foreign bank (hereinafter referred to as" reporting entity ').
Definition of terms
(1) For the purposes of this decree, an MMF shall mean a collective investment fund in accordance with the directly applicable European Union law governing the balance sheet of the MFI sector (3).
(2) For the purposes of this Order, the following definitions shall also apply:
(a) a statement of a structured set of data having significant material and formal links;
(b) the dataset of the data collection of the statement with predefined data structures that are methodologically described, transmitted and processed as a whole by the information system;
(c) a methodological description of the material content and structure of the data sets assigned to each report with the associated data checks;
(d) a safety mark for data in electronic form which are attached 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. are connected to the data message to which they relate in such a way that any subsequent change of data can be detected;
(e) a pension company fund, a participating fund or a transformed fund whose assets are managed by the pension company (28).
Reporting entity heading
Reporting by these reporting entities
(a) an investment company for each holding fund it manages;
(b) an investment company for an investment fund whose assets it manages under an investment fund's asset management contract, 4)
(c) an investment fund which does not have a management contract;
(d) financial institutions classified in subsector S.123 - Other financial intermediaries, incorporated in the business register, which mainly fall within the other financial intermediation according to the classification of economic activities (CZ- NACE 64.9) and which, in their business as principal or principal business, provide loans or loans or conclude contracts of a similar nature, such as financial leasing, factoring, consumer credit, financing of repayments, including foreign persons with similar business activity in the Czech Republic through an organisational component of their business (hereinafter referred to as "asset finance intermediary"),
(e) an insurance undertaking, a reinsurance undertaking and an organisational component of a foreign insurance or reinsurance undertaking operating insurance or reinsurance activity (4a) in the territory of the Czech Republic (hereinafter referred to as the insurance undertaking);
(f) a pension company;
(g) an FVC pursuant to the directly applicable European Union4c Regulation or a person who, under the directly applicable European Union Regulation, is responsible for submitting FVC reports 4d) (hereinafter referred to as FVC).
Reporting of the collective investment fund
(1) The investment company shall, on the last day of each calendar month, hereinafter referred to as "the month," draw up a statement for each individual holding fund and for the investment fund whose assets it manages under the management contract,
(a) FKI (ČNB) 1-12 "Monthly balance sheet of collective investment fund assets and liabilities" with the code Associated with the data file RISIFI30,
(b) FKI (ČNB) 3-12 "Monthly overview of held and issued securities of the collective investment fund" with the code Associated with the data file RISIFIF33,
(c) FKI (ČNB) 4-12 "Monthly statement of changes in the valuation of the collective investment fund" with the code of the Associated Data File TISIFIF10.
(2) The reports referred to in paragraph 1 shall be submitted by the investment company to the Czech National Bank within 25 calendar days of the following month, except for the statement drawn up for the MMF, which the investment company shall submit to the Czech National Bank within 15 calendar days of the following month.
(3) The Investment Fund, which does not have a management contract, shall compile and submit to the Czech National Bank the statements referred to in paragraphs 1 and 2.
(4) The characteristics of the structure and content of the statements referred to in paragraph 1 are set out in Annex 2 to this Decree.
Reporting by the asset financing intermediary
(1) The asset financing intermediary at the end of each calendar quarter (hereinafter referred to as the "quarter") draws up and presents to the Czech National Bank a statement of OFZ (ČNB) 3- 04 "Quarterly balance of assets and liabilities of the asset financing intermediary" with the code of the Associated Data File RISIFIFI23, each within 20 calendar days of the second month following the end of the quarter.
(2) An intermediary for the financing of assets which, in the balance sheet of assets and liabilities, shows items in relation to abroad,
(a) on the last day of each month, compile and submit to the Czech National Bank a statement PB (ČNB) 61-12 "Monthly statement of loans and deposits in relation to abroad" with the code of the Associated Data File JISIFE61, each within 25 calendar days of the following month,
(b) by the end of each quarter, the Czech National Bank shall draw up and submit to the Czech National Bank a report PB (ČNB) 62-04 "Quarterly statement - the repayment calendar of long-term financial credits received from abroad" with the code of the Associated Data File JIPIFE62, each within 30 calendar days following the end of the quarter;
(c) by the end of each calendar year, the Czech National Bank shall draw up and submit to the Czech National Bank a report PB (ČNB) 63-01 "Annual report on foreign direct investment" with the code of the Associated Data File JISIFE63 within 30 calendar days following the end of the year.
(3) The characteristics of the structure and content of the statements referred to in paragraphs 1 and 2 are set out in Annex 3 to this Decree.
Report of the insurance undertaking
(1) At the end of each quarter, the insurance company shall compile and submit to the Czech National Bank a report of POJ (CNB) 11-04 "Quarterly balance sheet of insurance assets and liabilities" with the code of the Associated Data File RISIPE11 within 30 calendar days following the end of the quarter.
(2) The characteristics of the structure and content of the statement referred to in paragraph 1 are set out in Annex 4 to this Regulation.
Statement of the pension company
(1) At the end of each quarter, the pension company draws up a statement of PEF (CNB) 12-04 "Quarterly balance of assets and liabilities of the pension company / fund of the pension company" with the code of the Associated Data File RISIPE12, separately for the pension company and for each individual fund of the pension company.
(2) The report referred to in paragraph 1 shall be submitted to the Czech National Bank within 30 calendar days following the end of the quarter.
(3) The characteristics of the structure and content of the statement referred to in paragraph 1 are set out in Annex 5 to this Decision.
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.
(1) Upon receipt of information on the classification of statistically insignificant entities, the reporting entity shall continue to submit to the Czech National Bank once a year only the value of the total assets of the statement under this Order as at 31 December by delivery in written or electronic form by 20 February of the following calendar year.
(2) If, subsequently, a statistically significant change in the volume of the assets reported occurs, the Czech National Bank will inform the reporting entity that it will no longer present the value of the total assets referred to in paragraph 1, and the reporting entity will continue to compile and submit a statement under this decree. Where necessary, the reporting entity shall update the technical and organisational preparation for reporting (Section 7).
(3) For the purposes of this decree, statistical significance is determined by the share of the reporting entity's assets in the total amount of the assets of all reporting entities of that category.
Deadlines for the opening and termination of the compilation and submission of statements
(1) In an agreement with the Czech National Bank, the reporting body which is authorised to carry out the activity shall initiate technical and organisational preparation for the submission of statements immediately after the authorisation decision has become final.
(a) to create a holding fund, 5)
(b) the activities of the IF, 6)
(c) to pursue an insurance or reinsurance activity; 6a),
(d) the activities of the pension social6b).
(2) An investment company shall initiate the preparation referred to in paragraph 1 immediately after the conclusion of that contract for an investment fund whose assets it manages under a management contract.
(3) The intermediary of the financing of assets and the FVC shall initiate the preparation referred to in paragraph 1 immediately after their entry into the trading register.
(4) The branch of an insurance undertaking from another Member State of the European Union or from a State forming the European Economic Area shall initiate the preparation referred to in paragraph 1 immediately after its establishment in the Czech Republic.
(5) Upon completion or updating of the preparation, the reporting entity shall immediately initiate the compilation and submission of the statements.
(1) When a mutual fund is merged (7), an investment company which manages assets in a newly created mutual fund will start drawing up statements from the date of the pool.
(2) When the mutual funds are merged (8), an investment company which manages the assets of the acquiring mutual fund shall draw up and submit statements from the date of the merger of the mutual funds including information on the assets of the cancelled mutual fund, which shall become part of the assets of the receiving mutual fund.
(3) When a holding fund is transferred to the management of another investment company (9), the investment company which manages it shall compile and submit statements to the acquisition of legal authority a decision authorising the transfer of the holding fund's management. Once the decision has become final, the investment firm shall draw up and submit the accounts to which the management of the holding fund is transferred.
(4) In the event of the cancellation of the holding fund (10), the investment company which has managed it shall submit by the dates laid down in this decree the statements drawn up at the end of the month preceding the date of the cancellation of the holding fund.
(5) When conferring the management of assets in the mutual fund of another person 11), the Czech National Bank's accounts are presented by an investment company that entrusts the assets in the fund to the management.
(1) In the case of a merger or division of an investment fund (12), an investment company which manages assets in the acquiring investment fund after the merger or division into the business register has been registered
(a) initiate the preparation and presentation of the statement referred to in Article 7 (5) if it is a newly created investment fund; or
(b) draw up and submit a statement including the information on the assets of the investment fund that have been destroyed from the relevant date of the merger (13) or from the relevant date of the division (14) if the acquiring investment fund is taken over.
(2) An investment company which manages assets in an investment fund which is being acquired by a merger or division shall submit a statement drawn up at the end of the month preceding the relevant date of the merger or the relevant date of division within the deadline laid down in this Decree.
(3) When the investment fund is liquidated, the investment company which manages the assets in the cancelled investment fund shall submit a statement drawn up at the end of the month preceding the date of the cancellation of the investment fund by the deadline laid down in this decree.
(4) Pursuant to paragraphs 1 to 3, an investment fund which does not have a management contract shall also draw up and submit a statement.
(1) Paragraph 9 shall apply mutatis mutandis to the compilation and presentation of statements by other reporting entities in their conversion, cancellation or change of their business.
(2) If the transfer of the assets to a shareholder or shareholder involves the transfer to a reporting entity, the transfer of the assets to the trading venue shall be carried out in accordance with Article 9 (1) (b).
(3) In the case of the transfer of assets to a shareholder or shareholder, the operative date referred to in Article 9 (1) (b) and (2) shall mean the operative date of the transfer of assets. 15)
The compilation and submission of the reports shall be terminated or interrupted by the reporting entity in agreement with the Czech National Bank,
(a) the assets of which have been declared bankrupt are rejected by insolvency proceedings for lack of assets; or
(b) which the court or administrative office has prohibited.
Method of compiling statements
(1) The data sets assigned to individual reports under this Order are used by the reporting entity to establish the methodology [Paragraph 2 (2) (c)] for drawing up and submitting the reports. The reporting entity according to the established methodology creates from its information system data file with data values, which it transmits as part of the data reports16) Czech National Bank.
(2) The forms of the reports submitted and the methodology for their compilation are published by the Czech National Bank and published in a way that allows remote access.
(1) An investment company draws the data necessary for the compilation of the submitted statements from its information system, in particular from the accounts held for the management of the holding (17) or the investment fund, according to the definitions of indicators set out in the methodology.
(2) The investment company shall proceed with the drawing up of statements in accordance with the rules for drawing up the accounts of the share or investment fund (19) and other supporting documents in force at the date of drawing up the statement. The date on which the statement is drawn up shall be the last calendar day of the reference period.
(3) In accordance with paragraphs 1 and 2, other reporting entities shall likewise proceed on the basis of their own accountancy data and the rules for drawing up the financial statements 20) and other supporting documents in force at the date of drawing up the statement.
(4) For the valuation of reported data, the methods laid down in the specific legislation21) or in the methodology are used.
(5) For the conversion of foreign exchange data into data reported in Czech currency, the reporting entity shall use the foreign exchange market rate declared by the Czech National Bank for the date on which the statement was drawn up, unless the data on foreign exchange transactions in the accounts referred to in Article 6 (2), when the foreign exchange market rate declared for the date on which the transaction was executed or when the transaction was charged, or the average rate for the reporting period may be used. For the conversion of data in foreign currencies for which the Czech National Bank does not declare the foreign exchange market rate, reporting entities shall proceed according to special legislation, 22) including in cases involving entities accounting as banks.
(6) When reporting claims and liabilities to MFIs, 23) resident 24)
(a) the Czech Republic, use reporting entities for their identification and classification "List of MFIs in the Czech Republic" issued and updated by the Czech National Bank, which publishes it in a way that allows remote access,
(b) Member States of the European Union, with the exception of the Czech Republic, shall use the reporting entities for their identification and classification "List of MFIs and institutions subject to minimum reserves" issued and updated by the European Central Bank, which shall publish it in a way that allows remote access.
(1) If, on the basis of a verification of the accounts by the auditor, changes are made to the reported data in the statements drawn up on 31 December and submitted to the Czech National Bank pursuant to this decree, the reporting entity shall re-compile and submit those statements with revised values within 15 calendar days of the corresponding changes in the accounts. The re-submission of the statements drawn up on 31 December shall be carried out by the reporting entity by means of a special additional audit correction.
(2) The reporting entity shall also re-establish and submit the following statements on account of a post-audit change if they are affected by the modification of the data as at 31 December of last year in accordance with paragraph 1. The re-submission of the modified statements shall be carried out by the reporting entity in the form of a routine correction within 30 calendar days of the submission of the modified statements drawn up on 31 December in accordance with the audit results.
Method and form of reporting
(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.
(1) If the reports submitted are correct and complete, the Czech National Bank shall, by means of the programming application referred to in Article 15 (1), confirm their receipt to the reporting entity, otherwise it shall comply with specific legislation. 25) The reporting entity shall correct incorrect and incomplete statements and submit the corrected statements to the Czech National Bank within the specified time limit in the manner set out in Section 15, or provide the requested explanation.
(2) If the reporting entity subsequently finds that the data of the previously adopted statement are incorrect, it shall, through the programme application referred to in Article 15 (1), correct the data of that statement and, if necessary, the data of the reports related and inform the Czech National Bank of the implementation, extent and content of the corrections.
(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).
Transitional provisions
(1) Investment companies will submit to the Czech National Bank reports for money market funds under this decree, drawn up for the first time on 30 June 2004.
(2) Investment companies which manage assets in a mutual fund other than an MMF or an investment fund's assets under a management contract and investment funds which do not have a management contract shall, in agreement with the Czech National Bank, initiate technical and organisational preparation for reporting within 1 month of the entry into force of this decree. The statements for mutual funds and investment funds under this decree shall be drawn up by investment companies and investment funds for the first time by 30 September 2004 and submitted to the Czech National Bank by 30 November 2004.
(3) In agreement with the Czech National Bank, the other reporting bodies will start technical and organisational preparation for the submission of the statements under this decree by 15 January 2005. They shall draw up the statements provided for in this Order for the first time by 31 March 2005.
Efficacy
This Decree shall take effect on 1 June 2004.
Governor:
Reg.
Vice-Governor
Příloha č. 2
Annex No 2 to Decree No 307 / 2004 Coll.
Structure and content of statements submitted as collective investment funds
I) Monthly balance of assets and liabilities of the collective investment fund - FKI (ČNB) 1-12
The FKI (CNB) statement 1-12 "Monthly balance sheet of the collective investment fund's assets and liabilities' is compiled on the last day of the month. The statement shall contain statistically broken down balance sheet data and selected additional data for the collective investment fund.
It includes total assets and their statistically breakdown components - transferable and other deposits held, loans granted, securities held, fixed assets, financial derivatives, other assets and their components.
It includes total liabilities and their statistically broken-down components - loans received, fund shares issued, financial derivatives, other liabilities and their components.
These components of assets and liabilities are broken down by country - total for all countries, Czech Republic, Member States of the European Union which have adopted the euro (hereinafter referred to as the participating Member States), the rest of the world.
Additional data on the structure of loans granted.
Additional data are broken down by country - Czech Republic, participating Member States, and by economic sector - MFIs, government, non-financial corporations, other financial intermediaries, financial auxiliaries, insurance corporations and pension funds, households, non-profit institutions serving households.
II) Monthly overview of held and issued securities of the collective investment fund - FKI (CNB) 3-12
The FKI (CNB) statement 3-12 "Monthly overview of the securities held and issued by the collective investment fund 'shall be compiled on the last day of the month. The statement shall include the identification of the securities held and issued by the Fund and their essential characteristics on an individual basis.
It contains summaries of held equity and debt securities, indicating their essential characteristics - security code, name of security, number of units and total fair value.
It contains an overview of the issued units / shares of the Fund, indicating their essential characteristics - security code, number of units and total current value, broken down by country of holders - Czech Republic, participating Member States, rest of the world, and economic sectors of holders - MFIs, general government, non-financial corporations, other financial intermediaries, ancillary financial institutions, insurance and pension funds, households, non-profit institutions serving households.
III) Monthly statement of changes in the valuation of the collective investment fund - FKI (CNB) 4-12
The FKI (CNB) statement 4-12 "Monthly statement of changes in the valuation of the collective investment fund 'is compiled on the last day of the month. The statement shall contain data on changes in the valuation of selected balance sheet items due to price movements and exchange rates.
Selected balance sheet items
It contains total data on changes in the valuation of financial derivatives on the asset, liability and fixed assets side.
Those components of assets and liabilities need not be reported in agreement with the Czech National Bank if the figures on the stocks of those assets and liabilities listed in the FKI (CNB) report 1-12 "Monthly balance sheet of the assets and liabilities of the collective investment fund 'represent less than 5% of the total current value of the issued shares / shares of the fund.
Příloha č. 3
Annex No 3 to Decree No 307 / 2004 Coll.
Structure and content of the statements submitted by intermediaries for the financing of assets
I) Quarterly balance of assets and liabilities of the asset financing intermediary - OFZ (ČNB) 3-04
The statement OFZ (ČNB) 3-04 "Quarterly balance of assets and liabilities of the intermediary of the financing of assets' shall be drawn up on the last day of the quarter. The report shall contain statistically broken down balance sheet data for asset financing intermediaries.
It includes total assets and their statistically broken-down components - cash, deposits held, loans granted, securities and shares held by intermediaries, financial derivatives, non-financial assets, other assets and their components.
It contains total liabilities and their statistically broken-down components - loans received, debt securities issued, capital and reserves (issued shares, other capital and reserves), financial derivatives, other liabilities and their components.
Those components of assets and liabilities shall be broken down according to their economic nature as follows:
1. According to 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: up to and including 1 year, over 1 year up to 5 years, over 5 years or aggregation of selected maturity bands.
3. By type of deposit: transferable deposits, other deposits.
4. According to types of loans granted to households: consumption loans, housing loans, other loans.
5. According to economic sectors: non-financial corporations, MFIs (credit institutions, money market funds, other institutions), OFIs, financial auxiliaries, insurance corporations and pension funds, government institutions, households, non-profit institutions serving households or aggregation of selected sectors, broken down into residents and non-residents.
6. By type of securities: debt securities, shares (quoted, unquoted), units.
7. According to the loan segments provided: financial leasing of movable property, financial leasing of immovable property, consumer loans, repayments, non-leasing financing of capital goods, other loans or aggregation of selected segments.
II) Monthly statement of loans and deposits in relation to abroad - PB (ČNB) 61-12
Statement PB (CNB) 61-12 "Monthly statement of loans and deposits in relation to abroad 'is compiled on the last day of the month. The statement shall contain statistically broken-down balance sheet data on transactions and positions relating to assets or liabilities in relation to abroad as asset financing intermediaries.
It contains data on financial loans granted abroad and deposits in accounts abroad and their statistically broken down components.
It contains data on financial credits received from abroad and their statistically broken down components.
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.05.2004 |
|---|---|
| Effective from | 01.06.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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