Decree No. 34 / 2006 Coll.
Decree amending Decree No. 307 / 2004 Coll., on the submission of information and documents to the Czech National Bank by persons belonging to the financial institutions sector
Valid
Effective from 08.02.2006
34
DECLARATION
of 26 January 2006
amending Decree No. 307 / 2004 Coll., on the submission of information and 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.:
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 is amended as follows:
1. in Article 3 (d), the words "to subsectors S.12302 - Other financial intermediaries of privacy national and S.12303 - Other financial intermediaries of privacy under foreign control" shall be replaced by the words "to subsectors S.123 - Other financial intermediaries."
2. In Article 3, at the end of point (d), the dot is replaced by a comma and the following points (e) and (f) are added:
"(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) pension fund (4b).
4a) Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended.
4b) Paragraph 3 (1) of Act No. 42 / 1994 Coll., on the supplementary pension scheme with a State contribution and on amendments to certain laws relating to its implementation, as amended. '
3. the following Sections 6a, 6b and 6c are inserted after Section 6, including the headings:
Report of the insurance undertaking
(1) At the end of each quarter, the insurance company shall draw up and submit to the Czech National Bank a statement of POJ (CNB) 11-04 "Quarterly balance sheet of the insurance assets and liabilities" with the code of the Associated Data File RISIPE11 by the last working day of the month following the end of the first, second and third quarters, and for the fourth quarter by the last working day of February of the following calendar year.
(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.
Pension fund statement
(1) The Pension Fund shall, at the end of each quarter, draw up and submit to the Czech National Bank a statement of the PEF (CNB) 12-04 "Quarterly balance of assets and liabilities of the Pension Fund" with the code of the Associated Data File RISIPE12, by the last working day of the month following the end of the 1st, 2nd and 3rd quarters and by the fourth quarter until the last working day of February of the following calendar year.
(2) The characteristics of the structure and content of the statement referred to in paragraph 1 are set out in Annex 5 to this Regulation.
(1) On receipt of information on the classification of statistically insignificant entities, the reporting entity continues to submit to the Czech National Bank once a year only the value of the total assets from the statement under this Order (Sections 6 (1), 6a (1) and 6b (1)) 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) The statistical significance shall be determined for the purposes of this decree by the share of the assets of the reporting entity in the total amount of the assets of all the reporting entities of that category. ';
4. In Article 7 (1), the words "the Securities Commission (" the Commission ") to which it has granted 'are replaced by the words" o'.
5. In Article 7 (1), at the end of point (b), the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) to conduct insurance or reinsurance activities 6a),
(d) the creation and activity of the pension fund (6b).
6a) § 7 of Act No. 363 / 1999 Coll.
6b) § 5 of Act No. 42 / 1994 Coll. '.
6. In Article 7, the following paragraph 4 is inserted after paragraph 3:
"(4) The branch of an insurance undertaking from another Member State of the European Union or from a State constituting the European Economic Area shall commence the preparation referred to in paragraph 1 immediately after its registration in the Commercial Register."
Paragraph 4 shall become paragraph 5.
7. In Article 7 (5), the words "or update 'shall be inserted after the word" completion'.
8. In Article 8 (3) and (5), the word "Commission 'is deleted.
9. in Paragraph 9 (1) (a), "paragraph 4" is replaced by "paragraph 5";
10. In the first sentence of Article 12 (1), the words "and 'shall be deleted and the words" and' shall be inserted after the words "Paragraph 6 (1) ';
11. in Article 13 (1), the words "and their associated accounting classes or groups", including footnote 18, shall be deleted;
12. Paragraph 13 (3), including footnote 20, reads as follows:
"(3) The other reporting entities shall proceed in accordance with paragraphs 1 and 2 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.
20) Decree No. 500 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are entities accounting in the double accounting system, 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. Decree No. 502 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are insurance undertakings, as amended. '
13. In Paragraph 14, the following paragraph 3 is added:
"(3) Pursuant to paragraphs 1 and 2, the insurance undertaking and the pension fund shall also apply mutatis mutandis to the compilation and presentation of the adjusted-value statements, if, on the basis of the audit's verification of the accounts, the auditor decides to amend the reported data in the statement of the insurance or pension fund drawn up on 31 December of the calendar year presented to the Czech National Bank pursuant to Articles 6a (1) and 6b (1). ';
14. Annex 3, including the title, reads:
"Annex No 3 to Decree No 307 / 2004 Coll.
Structure and content of the statement submitted by the intermediary to the financing of assets
Quarterly balance of assets and liabilities of the asset financing intermediary - OFZ (ČNB) 3-04
The balance of the assets and liabilities of the intermediary of the financing of the assets (institutions operating in the provision of financial leasing, factoring, consumer loans, financing of repayment, etc.) shall be compiled on the last day of the quarter. It is based on the requirements and methodologies of the European Central Bank for statistics on OFIs, as set out in the Guideline of the European Central Bank of 6 February 2003 concerning certain statistical reporting requirements of the European Central Bank and the procedures for reporting statistics on monetary and banking statistics by the national central banks (ECB / 2003 / 2), supplemented by the data needed to compile quarterly financial accounts. Assets and liabilities items shall be broken down in particular by the sectoral and territorial jurisdiction of debtors (in the case of receivables), creditors (in the case of liabilities), issuers of securities held and holders of securities issued; Furthermore, loans granted by market segments and loans to households also by type of loans. The value of the asset items shall be expressed in gross value, not offset by adjustments and adjustments. Adjustments and adjustments are included in liabilities.
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, listed and unquoted, units.
7. According to the segments of the loans granted: 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. '
15. The following Annexes 4 and 5 are inserted after Annex 3, including the headings:
"Annex No 4 to Decree No 307 / 2004 Coll.
Structure and content of the statement submitted as insurance undertakings
Quarterly balance of the insurance undertaking's assets and liabilities - POJ (ČNB) 11-04
The quarterly balance of the insurance undertaking's assets and liabilities shall be drawn up on the last day of the quarter. It is based on Council Regulation (EC) No 2223 / 96 of 25 June 1996 on the European system of national and regional accounts in the Community (ESA95) and on the requirements and methodologies of the European Central Bank for the compilation of financial accounts as set out in Guideline of the European Central Bank of 21 November 2002 on ECB statistical reporting requirements in the field of quarterly financial accounts (ECB / 2002 / 7). Assets and liabilities items are broken down according to the international ESA95 standards.
It includes total assets and their statistically broken-down components - treasury, deposits held, securities held other than holdings, financial derivatives, loans and similar claims, shares held outside investment funds holdings, listed and unquoted, holdings in investment funds, held by other holdings, claims held by the reinsurers, business receivables and advances granted, other financial claims, other assets.
This includes total liabilities and their statistically broken items - securities issued other than holdings, financial derivatives, loans received, capital broken down into capital and other capital, life insurance technical provisions, non-life insurance technical provisions, business liabilities and advances received, other financial liabilities, other liabilities.
Those components of assets and liabilities shall be broken down according to their economic nature as follows:
1. According to maturity: total for all maturity bands, up to and including 1 year, over 1 year.
2. By type of deposit: transferable deposits, other deposits.
3. According to economic sectors: total for all sectors (residents and non-residents), non-financial corporations, Czech National Bank, other MFIs (banks, savings and credit cooperatives, money market funds, other institutions), OFIs, financial auxiliaries, insurance and pension funds, government institutions, households, non-profit institutions serving households, divided into residents and non-residents.
4. According to the types of values observed: stocks, balance, non-transaction changes such as valuation changes, other changes.
Příloha č. 5
Annex No 5 to Decree No 307 / 2004 Coll.
Structure and content of the statement submitted for pension funds
Quarterly balance of assets and liabilities of the pension fund - PEF (ČNB) 12-04
The quarterly balance of assets and liabilities of the pension fund shall be drawn up on the last day of the quarter. It is based on Council Regulation (EC) No 2223 / 96 of 25 June 1996 on the European system of national and regional accounts in the Community (ESA95) and on the requirements and methodologies of the European Central Bank for the compilation of financial accounts as set out in Guideline of the European Central Bank of 21 November 2002 on ECB statistical reporting requirements in the field of quarterly financial accounts (ECB / 2002 / 7). Assets and liabilities items are broken down according to the international ESA95 standards.
It includes total assets and their statistically broken-down components - treasury, deposits held, securities held other than holdings, financial derivatives, loans and similar claims, shares held outside holdings in investment funds, listed and unquoted, holdings in investment funds, held other holdings, trading receivables and advances, other financial claims, other assets.
It includes total liabilities and their statistically broken items - financial derivatives, loans received, capital broken down into share capital and other capital, funds of pension insurance participants, pension provision and similar liabilities, business liabilities and advances received, other financial liabilities, other liabilities.
Those components of assets and liabilities shall be broken down according to their economic nature as follows:
1. According to maturity: total for all maturity bands, up to and including 1 year, over 1 year.
2. By type of deposit: transferable deposits, other deposits.
3. According to economic sectors: total for all sectors (residents and non-residents), non-financial corporations, Czech National Bank, other MFIs (banks, savings and credit cooperatives, money market funds, other institutions), OFIs, financial auxiliaries, insurance and pension funds, government institutions, households, non-profit institutions serving households, divided into residents and non-residents.
4. According to the types of values observed: stocks, balance, non-transaction changes, such as valuation changes, other changes. '
Transitional provision
Insurance companies and pension funds will submit statements to the Czech National Bank under this decree, drawn up for the first time on 31 March 2006.
Efficacy
This decree shall take effect on the day of its publication.
Governor:
Doc. Ing. Tůma, CSc.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 34 / 2006 Coll., amending Decree No. 307 / 2004 Coll., on the submission of information and documents to the Czech National Bank by persons belonging to the financial institutions sector |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2006 |
|---|---|
| Effective from | 08.02.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0