Decree No. 358 / 2010 Coll.
Order on the submission of reports and other information by investment companies and collective investment fund Czech National Bank
Valid
Order
Effective from 01.01.2011
358
DECLARATION
of 23 November 2010
on the submission of reports and other information by investment companies and collective investment fund to the Czech National Bank
The Czech National Bank provides pursuant to § 139 (e) and (k) of Act No. 189 / 2004 Coll., on Collective Investment, as amended by Act No. 224 / 2006 Coll. and Act No. 230 / 2009 Coll., and under § 41 (4) of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 57 / 2006 Coll.:
Subject matter
This decree provides
(a) the content, form, terms and manner of the compilation and submission of information by investment companies and collective investment fund of the Czech National Bank; and
(b) the way in which the annual report of the investment company and the investment fond1 (hereinafter referred to as the reporting entity) is submitted to the Czech National Bank.
Reporting entities
(1) The persons submitting information under this decree to the Czech National Bank are:
(a) an investment company for itself;
(b) an investment company for each holding fund set up for the public whose assets it manages;
(c) an investment company for each qualifying investor holding fund created, the assets of which it manages;
(d) an investment company for an investment fund to the public whose assets it manages under an investment fund management contract (2);
(e) an investment company for a qualifying investor investment fund whose assets it manages under the investment fund's asset management contract;
(f) an investment fund designated by the public for its own account, unless it has a contract concluded for the management of the assets of the investment fund;
(g) a qualifying investor investment fund for its own account, unless it has a contract concluded to manage the assets of the investment fund.
(2) An investment company referred to in paragraph 1 (b) to (e) also means a foreign investment company providing services in the Czech Republic.
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 contact person of the person or persons who submit the statements to the Czech National Bank on behalf of the reporting entity;
(d) 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 identified.
Investment company reports
(1) The reporting body referred to in Article 2 (a) shall draw up, on the last day of the calendar quarter and submit within 35 calendar days of the end of the first, second and third quarters and submit within 50 calendar days of the end of the fourth quarter to which they relate, the following statements:
(a) OFZ (ČNB) 10-04 "Quarterly balance sheet of the investment company / collective investment fund"; and
(b) OFZ (ČNB) 20-04 "Quarterly profit and loss account of the investment company / collective investment fund."
(2) The reporting entity referred to in Article 2 (a) shall draw up, on the last day of the calendar quarter and submit within 40 calendar days of the end of the first, second and third quarters and submit within 55 calendar days of the end of the fourth quarter to which it relates, the OFZ (CNB) report 50-04 "Reporting on the organisational structure of the investment company / investment fund to the public."
Reporting of the collective investment fund
(1) The reporting entity pursuant to Article 2 (b) and (d) shall compile:
(a) on the last day of the calendar month and submit, within 30 calendar days of the end of the calendar month to which it relates, the statement of OFZ (CNB) 11-12 "Monthly information of the collective investment fund,"
(b) on the last day of the calendar quarter and submit the following statements within 35 calendar days following the end of the first, second and third quarters and 50 calendar days after the end of the fourth quarter to which they relate:
1. OFZ (ČNB) 10-04 "Quarterly balance sheet of the investment company / collective investment fund"; and
2. OFZ (ČNB) 20-04 "Quarterly profit and loss account of the investment company / collective investment fund,"
(c) on the last day of the calendar quarter and submit the following statements within 40 calendar days after the end of the first, second and third quarters and within 55 calendar days after the end of the fourth quarter to which they relate:
1. OFZ (ČNB) 31-04 "Structure of investment instruments in the portfolio of the collective investment fund"; and
2. OFZ (ČNB) 32-04 "Assets composition in the portfolio of the collective investment fund."
(2) The reporting entity referred to in Article 2 (b) shall draw up, on the last day of the calendar quarter, a statement of the OFZ (ČNB) 40-04 "Real Estate Data" within the 40 calendar days following the end of the first, second and third quarters and submit, within 55 calendar days following the end of the fourth quarter to which it relates, the statement of the OFZ (ČNB).
(3) The reporting entity referred to in Article 2 (d) and (f) shall draw up, on the last day of the calendar quarter and submit within 40 calendar days of the end of the first, second and third quarters and submit within 55 calendar days of the end of the fourth quarter to which it relates, an OFZ (CNB) statement of 50-04 "Reporting on the organisational structure of the investment company / investment fund."
(4) The reporting entity pursuant to Article 2 (c), (e) and (g) shall compile:
(a) after every 6 months of the accounting year and within 2 months of every 6 months of the accounting year, submit a statement of OFZ (CNB) of 13-02 "Information on the qualifying investor fund,"
(b) on the last day of the accounting year and shall submit the following statements within 4 months of the end of the accounting year:
1. OFZ (ČNB) 10-04 "Quarterly balance sheet of the investment company / collective investment fund"; and
2. OFZ (ČNB) 20-04 "Quarterly profit and loss account of the investment company / collective investment fund."
Common provisions for reporting
(1) The content of the statements provided for in Sections 4 and 5 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.
(2) The reporting body shall, in accordance with the laws governing the keeping of accountancy and the drawing up of accounts (3) or international accounting standards governed by European Unionlaw (4), proceed mutatis mutandis in drawing up the reports submitted.
(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 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.
Method and form of reporting
(1) The reporting entity sends to the Czech National Bank the statements referred to in Sections 4 and 5 in electronic form as data reports 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 points (a) and (c) of paragraph 1 shall be signed by a contact person guaranteed by electronic signatures (5) 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 30 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 7, together with information on the content and the reason for the correction.
Provision of organisational assumptions for reporting
(1) The reporting entity compiling and submitting the reports 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 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.
Annual report
(1) The reporting body submits to the Czech National Bank an annual report in electronic form provided for by the legislation on the digitisation of the commercial register (6) to the e-mail office of the Czech National Bank or via a data box. The information submitted to the e-mail office of the Czech National Bank must be signed by a guaranteed electronic signature based on a qualified certificate issued by an accredited contact person certification service provider.
(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.
Efficacy
This Decree shall take effect on 1 January 2011, with the exception of the provisions of Paragraph 2 (2), which shall take effect on 1 July 2011.
Governor:
Ing. Singer, Ph.D., v. r.
Annex to Decree No 358 / 2010 Coll.
Basic characteristics and content of the reports submitted by the collective investment fund and investment company České národní banka
OFZ (ČNB) 10-04 Quarterly balance sheet of investment company / collective investment 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. ').
OFZ (ČNB) 20-04 Quarterly profit and loss account of the investment company / collective investment 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.
OFZ (ČNB) 11-12 Monthly information of the collective investment fund
The statement contains the structure of the assets to the same extent as in the balance sheet based on Decree No. 501 / 2002 Coll., the numbers and volumes of securities issued by the CIU, including their issue and redemption data, as well as information on the value of credit risk for over-the-counter derivatives, the value of the open position of the fund from over-the-counter financial derivatives and risk values (VaR).
OFZ (ČNB) 13-02 Data on qualified investor fund
The report shall contain data on securities issued and equity data as well as the number of investors of the qualifying investor fund.
OFIFG (CNB) 3.1-04 Structure of investment instruments in the portfolio of the collective investment fund
The statement shall contain information on individual investment vehicles with a share of more than 1% of the fund's assets in the portfolio of the collective investment fund, indicating the basic identification and classification data of investment vehicles, links to legal investment limits and legislation, as well as quantitative data, i.e. individual investment instruments and, for securities, also a share of the volume of securities issued by one issuer. It also contains aggregated data on the structure of debt securities according to the quality assessment of the debt security.
OFZ (ČNB) 32- 04 Assets composition in the portfolio of the collective investment fund
The statement contains summary data on the composition of the assets of the standard fund and special fund, broken down by category of investment vehicles following the limits under Act No. 189 / 2004 Coll., on collective investment, as amended.
OFZ (ČNB) 40-04 Real estate data
The statement contains 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, as well as basic data on the holdings of the special real estate fund, i.e. in particular the equity of the real estate company, the amount of the holding of the real estate company, the real value of the shares and loans.
OFZ (ČNB) 50-04 Reporting on the organisational structure of the investment company / investment fund to the public
The statement shall contain basic identification and classification data on the investment company or on the investment fund to the public, on the members of the statutory and supervisory authority, on the management and contact persons for the defined areas of the reporting entity. In addition, the capital figures, the number of employees and the funds managed are included. The report shall also contain basic identification and classification data on shareholders with a share in the capital or voting rights of more than 5%, including structured data on the size of the share.
1) Paragraph 21 (4) of Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 437 / 2003 Coll.
2) Article 17 of Act No. 189 / 2004 Coll., on Collective Investment, as amended by Act No. 230 / 2009 Coll.
3) 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.
4) 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.
5) § 2 (b) of Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Act on Electronic Signature), as amended by Act No. 440 / 2004 Coll.
6) 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 (Ordinance on the digitisation of the Commercial Register).
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Regulation Information
| Citation | Decree No. 358 / 2010 Coll., on the submission of reports and other information by investment companies and collective investment fund Czech National Bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2010 |
|---|---|
| Effective from | 01.01.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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