Decree No. 426 / 2013 Coll.
Decree on the submission of statements by savings and credit cooperatives of the Czech National Bank
Valid
Order
Effective from 01.01.2014
426
DECLARATION
of 6 December 2013
on the submission of reports by savings and credit cooperatives to the Czech National Bank
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.:
Subject matter
This decree regulates the content, form, time and method of compiling and submitting the statements to the Czech National Bank by savings and credit cooperatives (hereinafter the "cooperative reserve ').
Definition of terms
For the purposes of this decree:
(a) a data set of electronic data clusters with predefined data structures that are methodologically described, transmitted and processed as a whole by the information system;
(b) both the security and the book-entry security.
Collaborative reserve statements on an individual basis
(1) The co-operative shall compile and submit on an individual basis the statements in accordance with the directly applicable European Union prudential regulation (1) and those implementing it.
(2) The cooperative shall draw up, on the last day of each calendar month, and submit:
(a) within 15 days of the end of the calendar month to which it relates, the DZ (CNB) report 26-12 "Monthly statement of the selected commitments for the calculation of PMR"; and
(b) within 25 days of the end of the calendar month to which it relates, the FIN (IND) statement 01-12 "Financial information (FINREP) on an individual basis."
(3) The statement referred to in paragraph 2 (b) drawn up after:
(a) March, June and September shall be submitted within 37 days of the end of the calendar month to which it relates;
(b) December shall be submitted by 10 February of the following year.
(4) The cooperative shall draw up, on the last day of each calendar quarter and submit:
(a) within 15 days of the end of the calendar quarter to which it relates, the statement "DZ (ČNB) 50- 04" Report on the organisational structure of the cooperative reserve, "
(b) within 29 days of the end of the calendar quarter to which it relates, the statement of DZ (CNB) 43- 04 "Report on the concentration of loans and deposits by the cooperative reserve ',
(c) within 30 days of the end of the calendar quarter to which it relates, the DZ (CNB) report 24-04 "Quarterly statement of insured claims on deposits"; and
(d) within 33 days of the end of the calendar quarter to which it relates, the DZ (CNB) report 23-04 "Interest rate risk reporting."
(5) The statement referred to in paragraph 4 (b) and (d), drawn up for the fourth quarter, shall be submitted by 10 February of the following year.
(6) The cooperative reserve shall draw up a statement of DZ (CNB) by 31 December and submit by 15 February of the following year a statement of 60-01 "Annual statement of the cooperative reserve on the number of banknotes and coins processed."
(7) The cooperative reserve which is not included in the prudential consolidation at the level of the Czech Republic is compiled and submitted for:
(a) by 15 March of each calendar year, by 31 December of the preceding year, the FP (IND) statement 01-01 "Financing plans on an individual basis"; and
(b) the previous financial year by 15 June of the following calendar year, the REMHE (IND) statement 01-01 "Information on the remuneration of high-income workers."
(8) The cooperative reserve shall draw up and submit by 15 June of the following calendar year a statement of REMHR (IND) 01-01 "Approved higher ratios between the variable and fixed remuneration components', every two years for the previous financial year.
Cooperative reserve accounts in the group of mixed holding persons
(1) The cooperative reserve, which is a member of a group of mixed holding persons, comprises:
(a) on the last day of each calendar quarter and submit, within 35 days of the end of the calendar quarter to which it relates, a statement of DZ (CNB) 81-04 "Reporting of the cooperative reserve on intra-group operations of mixed holding persons"; and
(b) for each calendar year, by 1 January and by 31 January and without undue delay after the change or occurrence of the relevant event, submit a statement of DZ (ČNB) of 80-01 "Group Report."
(2) The statement referred to in paragraph 1 (a), drawn up for the fourth quarter, shall be submitted by 25 March of the following year.
Common provisions on reporting
(1) The content of the statements referred to in Sections 3 and 4, with the exception of the statements pursuant to the directly applicable European Union regulation governing the prudential requirements and the rules implementing it and the statement of DZ (CNB) 81- 04, is set out in Annex 1 to this Decree. The content of the statement DZ (CNB) 81-04 is set out in Annex 2 to this Decree.
(2) The data contained in the statements are based on the laws governing the keeping of accountsand the drawing-up of accounts (2) or international accounting standards governed by European Unionlaw (3), taking into account their nature.
(3) Data in foreign currencies shall be entered in the Czech currency statements, by conversion at the foreign exchange market rate declared by the Czech National Bank and in force on the date on which the statement is drawn up, unless otherwise provided for in other legislation governing accounting or prudential requirements.
(4) The reports referred to in Sections 3 and 4, with the exception of part of the DZ (CNB) statement 26- 12 concerning the minimum reserve requirements and the DZ (CNB) statement 60- 01, are drawn up and submitted by the cooperative reserve with information relating to the activities of the cooperative reserve in the Czech Republic as well as to the activities of its organisational components abroad. Part of the report DZ (ČNB) 26-12 concerning the compulsory minimum reserves and report DZ (ČNB) 60-01 the cooperative reserve is compiled and submitted with data relating only to the activities of the cooperative reserve in the Czech Republic.
Method and form of reporting
(1) The cooperative reserve submits the reports to the Czech National Bank pursuant to Sections 3 and 4 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 cooperative by a recognised electronic signature of the contact person.
(4) The cooperative reserve will communicate to the Czech National Bank the name, address of the workplace, telephone number and e-mail address of the contact persons. The cooperative reserve of the Czech National Bank informs about changes to these data without undue delay.
Correction of errors in statements
(1) If an error in the data contained in the statement is detected following the submission of the statement to the Czech National Bank, the cooperative bank shall submit the corrected statement without undue delay. If the correction affects the data also in another statement or statements for other periods of time, the cooperative 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 the audit verification of the accounts, the cooperative shall submit the statement again with the corrected data, no later than 30 days after the audit of the accounts. If the correction affects the data in another statement or statement for other periods of time, the cooperative shall also correct all such subsequent statements.
(3) The revised statement of the cooperative reserve shall be submitted by the Czech National Bank within the period referred to in paragraph 1 or 2 in accordance with the procedure set out in Section 6 together with information on the content and the reason for the correction.
Additional information to the reported reports
In addition to the report of the DZ (CNB) 80-01, the cooperative bank, which is a member of a group of mixed holding persons, provides further information, the content of which is set out in Annex 3 to this Decree.
Transitional provision
The Czech National Bank Action No. 1 / 2010 of the Oracle applies to the obligation to draw up and submit statements relating to the period until 31 December 2013. ČNB, on the submission of reports by savings and credit cooperatives of the Czech National Bank, as amended.
Efficacy
This Decree shall take effect on 1 January 2014.
Governor:
Ing. Singer, Ph.D., v. r.
Příloha č. 1
Annex No 1 to Decree No 426 / 2013 Coll.
Content of the reports submitted by the Czech National Bank
1. DZ (ČNB) 26-12 "Monthly statement of selected commitments for the calculation of PMR"
The statement shall contain data for the calculation of the reserve requirements aggregated for all currencies, broken down by original maturity of liabilities and by basic sectoral breakdown of creditors.
2. DZ (ČNB) 43-04 "Report on the concentration of loans and deposits of the cooperative reserve"
The statement shall contain data on the aggregate amount of claims before impairment and liabilities for 15 credit institutions and 15 persons other than credit institutions (government and other clients) with the highest amount of claims or liabilities.
3. DZ (ČNB) 50-04 "Report on the organizational structure of the cooperative reserve"
The statement shall include basic identification and classification data on the cooperative advance, the number of its staff and organisational components, the basic identification data on the branch of the cooperative reserve abroad, the identification and classification data on the senior management of the cooperative reserve, the contact persons, the member base, and an overview of all members of the cooperative reserve whose share of the members' capital contributions in the cooperative reserve exceeds 5% inclusive, and information on the qualifying shares in the cooperative advance.
4.DZ (ČNB) 80-01 "Group Report"
The statement shall contain basic information on the structure of the group of mixed holding persons and persons included therein, the basic identification data, the core capital, the basic identification and classification data on the members of the management bodies and the qualifying holdings.
5. DZ (ČNB) 60-01 "Annual statement of the cooperative reserve on the number of processed banknotes and coins"
The statement shall contain information on the number of processed domestic banknotes and coins, with the exception of domestic banknotes and coins processed in bulkheads, broken down by method of processing domestic banknotes and coins processed in machine or hand. It also contains information on the number of unprocessed domestic banknotes and coins transferred for processing to processors of domestic banknotes and coins, another credit institution performing cash operations or the Czech National Bank, as well as the number of domestic banknotes and coins returned to circulation by non-anonymous devices, broken down by way of processing domestic banknotes and coins returned to processed non-anonymous devices, the reporting entity, the Czech National Bank, the processor of domestic banknotes and coins or any other credit institution.
6. DZ (ČNB) 24-04 "Quarterly statement of insured claims on deposits"
The report shall contain information on insured and covered deposit claims with the cooperative reserve broken down by type of creditor.
7. FIN (IND) 01-12 "Financial information (FINREP) on an individual basis"
The statement shall contain information on the financial position of the cooperative reserve and an overview of the revenues and costs and of the accounting profit or loss from the beginning of the year to the end of the reference period on the base breakdown derived from international accounting standards. It shall also include additional information to the balance sheet, to the profit or loss account and information on performance and non-performance exposures and reliance exposures.
8. DZ (ČNB) 23-04 "Interest risk reporting"
The interest rate report shall include an overview of the expected cash flows from assets, liabilities and off-balance sheet items by revaluation or maturity and by type of interest rate, as well as the results of the remote-value supervisory test.
9. FP (IND) 01-01 "Financing plans on an individual basis"
The report contains information on plans for the financing of business activities of the cooperative reserve which is not included in the prudential consolidation at the level of the Czech Republic in the following 3 years. It includes data on loans, deposits and issued securities, sources of funding from the public sector and central banks, insured and unsecured deposits and financial instruments similar to deposits, structures of innovative financing, forecasts of liquidity indicators, pricing for loans, deposits and other liabilities, restructuring plans and forecast profit and loss accounts.
10. REMHE (IND) 01-01 "Information on the remuneration of high-income workers"
The statement shall include information on the number of workers with remuneration equivalent to EUR 1 000 000 and more broken down by working grade and structure of the remuneration of those workers.
11. REMHR (IND) 01-01 "Authorised higher ratios between variable and fixed remuneration components"
The statement shall contain information on the agreed variable-fixed remuneration ratio above 100% and the number of staff selected who have been awarded remuneration with a variable-fixed remuneration ratio exceeding 100% for the financial year.
Příloha č. 2
Annex No 2 to Decree No 426 / 2013 Coll.
Content of the statement DZ (ČNB) 81-04
1. The report on intra-group operations of mixed holding persons DZ (ČNB) 81-04 contains an overview of selected operations negotiated over the reference period, including transactions, services and other arrangements between the cooperative reserve on the one hand and the mixed holding person or other controlled entities on the other (hereinafter referred to as "counterparty" in this Annex), including guarantees provided and received and other off-balance-sheet operations.
2. Data on individual transactions monitored shall contain at least the total value of the operation in Czech crowns and, where applicable, in the agreed currency, the identification of the counterparty with which the cooperative reserve carried out the operation in question, the type of operation according to the classification of the intra-group operations and the identification of whether the operation is significant or not.
3. Intra-group operations shall be considered significant if they exceed 5% of the total risk exposure amount referred to in Article 92 (3) of the directly applicable European Union law governing the prudential requirements of the reporting person on an individual basis. If less than five major operations occur under a given type of operation, five highest-value operations shall be reported if they occur in that type and period. For reporting purposes, operations of the same nature, agreed with the same counterparty and in the same currency shall be considered as one operation.
4. At the same time, in the reporting annex, the cooperative pool shall provide more detailed information on the transactions reported and the counterparties it has negotiated with. The cooperative shall also indicate whether and how the intra-group operations are more detailed in each type of operation.
5. That type of operation shall express the nature of the trade, service or other arrangement negotiated between the cooperative reserve and the counterparty of the operation. To classify the reported operation into the relevant type, the cooperative shall use the following classification set out by the Czech National Bank:
Type 1 of the operation resulting in the capital interconnection of persons in the group of the mixed holding person, i.e. cash or non-cash deposits in share capital, reserves or equity funds, subordinated claims,
Type 2 transactions carried out as a result of the capital interconnection of persons in a group of mixed holding persons, i.e. transfer of profit or part thereof, transfer from the distribution of other own resources,
Type 3 transactions in financial instruments, i.e. securities transactions, derivatives transactions, loans, deposits,
Type 4 off-balance-sheet transactions, i.e. credit commitments, insurance and reinsurance, guarantees, guarantees,
Type 5 service, i.e. risk management, liquidity management, business settlement, asset management, asset management, consultancy,
Type 6 breach of contractual or legal obligation to the counterparty,
Type 7 performance vis-à-vis a counterparty which is a performance without a legal reason, a performance of an invalid legal act or a performance for a legal reason that has been omitted or a performance of an obligation that another person in the group of a mixed holding company was to have been lawfully performed,
Type 8 other non-type 1 to 7 operations.
Příloha č. 3
Annex No 3 to Decree No 426 / 2013 Coll.
Additional information to the DZ (CNB) statement 80-01
The following additional information in text and graphic form shall be submitted to the report of the DZ (CNB) 80-01 submitted as a group, which is a member of a group of mixed holding persons, pursuant to Section 9:
1. text information about the controlling person:
1. the subject matter of the business (s) registered in the Commercial Register;
2. an overview of the activities actually carried out;
2. text information on controlled persons:
(a) the subject matter of the business (s) registered in the commercial register;
(b) an overview of the activities actually carried out;
(c) an overview of the services provided by the controlled person to the controlling person;
3. text information on associated persons
(a) the subject matter of the business (s) registered in the commercial register;
(b) an overview of the activities actually carried out;
(c) an overview of the services provided by the associated person controlling the person;
4. graphic representation of the group in terms of ownership;
5. graphic representation of the group in terms of management.
(1) Regulation (EU) No 575 / 2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648 / 2012, as amended.
2) 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.
3) 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.
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Regulation Information
| Citation | Decree No. 426 / 2013 Coll., on the submission of statements by savings and credit cooperatives of the Czech National Bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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