Decree No. 427 / 2013 Coll.
Order on the submission of statements by securities dealers to the Czech National Bank
Valid
Order
Effective from 01.01.2014
Text versions:
01.01.2014
23.12.2013
427
DECLARATION
of 6 December 2013
on reporting by securities dealers 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 form of the compilation and presentation of the reports to the Czech National Bank by securities dealers.
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) the security mark shall be electronically affixed to the data report 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 electronic tags 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;
(c) the security and the book-entry security.
Breakdown of reporting agents
The persons who submit information to the Czech National Bank under this decree are:
(a) a securities dealer who is a bank;
(b) a securities dealer who is a branch of a foreign bank;
(c) a securities dealer who is not a bank or branch of a foreign bank;
(d) an organisational component of a foreign person authorised by another State supervisory authority to provide investment services and not a branch of a foreign bank; and
(e) an investment company and a foreign person authorised under Article 481 of the law governing investment firms and investment funds which is not comparable to the investment fund, provided that they manage the assets of the client of which the investment instrument is part, on the basis of free consideration under the contractual arrangement (portfolio management) 1.
Reporting on an individual basis
(1) The reporting person referred to in Article 3 shall draw up, on the last day of the calendar month and submit the following statements within 23 days of the end of the reference calendar month to which they relate:
1. MKT (ČNB) 41-12 "Information on instructions,"
2. MKT (ČNB) 42-12 "Business Information,"
3. MKT (ČNB) 43-12 "Tool Information" and
4. MKT (ČNB) 44-12 "Information about persons."
(2) The reporting agent shall compile the following statements on the last day of the calendar month and shall translate within 20 days for the reporting agents referred to in points (a) and (b) of Article 3 and 21 for the reporting persons referred to in points (c) to (e) of Article 3, after the end of the reference calendar month to which they relate:
1. MKT (ČNB) 51-12 "Overview of securities held by customers,"
2. MKT (ČNB) 52-12 "Overview of other investment vehicles held by customers"; and
3. MKT (ČNB) 53-12 "Overview of funds held by customers."
(3) The reporting person referred to in Article 3 (c) and (d) shall draw up, on the last day of the calendar quarter, the following statements within 30 days of the end of the calendar quarter to which they relate:
(a) OCP (ČNB) 10-04 "Balance sheet of the securities dealer,"
(b) OCP (ČNB) 11-04 "Additional information on financial statements of the OCP ',
(c) OCP (ČNB) 20-04 "Profit and loss account of the dealer with CP,"
(d) OCP (ČNB) 48-04 "Organizational structure and persons with qualifying holdings,"
(e) FIS (CNB) 10-12 "Balance sheet and off balance sheet,"
(f) FIS (CNB) 20-12 "Profit or loss account"; and
(g) FIS (CNB) 40-12 "Additional information to the balance sheet."
(4) The person reporting pursuant to § 3 (a) to (d) submits to the Czech National Bank a statement of MKT (ČNB) 40-97 "Reporting of transactions in investment instruments - OCP."
(5) The reporting person shall draw up and submit on an individual basis the reports in accordance with the directly applicable European Union prudential requirements (2) and those implementing them.
Reporting on a consolidated basis
(1) The reporting agent referred to in Article 3 (c) who is required to maintain the capital ratio on a consolidated basis, compile and submit statements in accordance with the law governing the activities of securities dealers or the directly applicable European Union regulation governing prudential requirements and the rules implementing it.
(2) The reporting person referred to in paragraph 1 shall also draw up, on the last day of the calendar half-year and submit the following statements within 30 days of the end of the reference calendar half-year to which they relate:
1. OCP (ČNB) 70-02 "Balance sheet on a consolidated basis"; and
2. OCP (ČNB) 71-02 "Profit and loss account on a consolidated basis."
(3) The reporting agent referred to in Article 3 (c), who is the responsible person in the group of the financial holding person, the responsible person in the group of the foreign controlling credit institution, the responsible person in the group of the mixed holding person or the responsible person controlled by the mixed financial holding person, does not apply to such reporting person only the relevant provisions of the Act governing the supplementary supervision of financial conglomerates, he shall compile and submit by 31 January, in accordance with the status on 1 January and without undue delay after the change or occurrence of the relevant event, the OCP (ČNB) report 80-01 "Report on the structure of the consolidation unit '.
(4) The reporting agent referred to in Article 3 (c), who is the responsible person in the group of the mixed holding person, shall compile, on the last day of the calendar half-year and submit within 30 days of the end of the calendar half-year to which it relates, the OCP (CNB) report 72- 02 "Intra-group operations report of the mixed holding person '.
Common provisions on reporting
(1) The content of the statements referred to in Articles 4 (1) to (4) and 5 (1) to (3) is set out in Annex 1 to this Order. The content of the message OCP (ČNB) 72- 02 is set out in Annex 2 to this decree.
(2) The data contained in the statements are based, taking into account their nature, on the legal provisions governing the keeping of accountancy and the drawing-up of accounts (3) or on international accounting standards governed by European Unionlaw (4).
(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.
Method and form of reporting
(1) The reporting person shall submit to the Czech National Bank the statements referred to in § 4 and § 5 (1) and (2) in electronic form as data reports 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 a securities dealer allowing the electronic exchange of information (EDI / EDIFACT); or
(c) own program applications of the securities dealer using the Czech National Bank's data collection web-service (SDNS-WS) to transmit the statement.
(2) Data reports submitted through programme applications referred to in paragraph 1 (a) and (c) shall be signed by a contact person recognised by electronic signature.
(3) Data reports submitted through the programme application referred to in paragraph 1 (b) shall be marked by the reporting person by a security mark based on a certificate issued by the Czech National Bank.
(4) The statements referred to in Article 5 (3) and (4) shall be sent in electronic form without the application referred to in paragraph 1.
(5) The reporting agent shall not be obliged to provide information pursuant to Article 4 (4) to the Czech National Bank in the manner specified in paragraph 1, provided that he ensures that it is part of the information on closed transactions under the legislation governing the information obligations of the regulated market organiser and operator of the multilateral trading system5).
Correction of errors in statements
(1) If an error is detected in the data contained in the statement after the submission of the statement to the Czech National Bank, the reporting person shall submit the corrected report to the Czech National Bank without undue delay. If the correction affects data in other statements or statements for other periods of time, the reporting agent 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 agent 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 the data in another statement or statement for other periods of time, the reporting agent shall also correct all such subsequent statements. Similarly, consolidated reports shall be followed if data are changed on the basis of the verification of the accounts by auditors of other persons included in the consolidation unit established for prudential requirements.
(3) The revised report shall be submitted by the reporting agent to the Czech National Bank within the period referred to in paragraph 1 or 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 person who submits the statements to the Czech National Bank using the application referred to in § 7 (1) (a) or (c) shall communicate to the Czech National Bank:
(a) names of the contact persons;
(b) the address of the workplace, telephone number and e-mail address of such persons; and
(c) the number of the qualified certificate on which the recognised electronic signature of the contact person is based, including the name and identification number of the person of the certification service provider who issued it.
(2) The reporting person shall inform the Czech National Bank without undue delay of changes to the data referred to in paragraph 1.
Form and method of sending further information
(1) The reporting agent shall submit to the Czech National Bank an annual report and a consolidated annual report in electronic form provided for by the legislation on the digitisation of the commercial register (6).
(2) For the statement referred to in Article 5 (3), the reporting agent shall submit further information, the content of which is set out in Annex 3 to this Regulation. This information will be sent by the reporting person to the Czech National Bank in electronic form at the same time as the deadline for submitting this statement.
(3) The information referred to in paragraphs 1 and 2 shall be sent via a data box or to the e-mail office of the Czech National Bank with a clear indication of the information obligation. The information sent to the e-mail address of the Czech National Bank must be signed by the contact person by a recognised electronic signature.
(4) If the size of the data message does not allow sending through the data box or by e-mail, the reporting person shall send the annual report and the consolidated annual report referred to in paragraph 1 in electronic form on the technical data medium to the address of the Czech National Bank.
Specific provisions
(1) The statements referred to in Articles 4 (3) (a) to (c) and 5 (2) shall be drawn up by the reporting agent for the last time by 30 June 2014.
(2) The statements referred to in Article 4 (3) (e) to (g) shall be drawn up by the reporting agent for the first time on 30 September 2014.
Transitional provision
For the obligation to draw up and submit reports relating to the period until 31 December 2013, Decree No. 276 / 2010 Coll., on the submission of reports and other information by securities dealers to the Czech National Bank shall apply.
Repeal
Decree No. 276 / 2010 Coll., on the submission of reports and other information by securities dealers to the Czech National Bank, is repealed.
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 427 / 2013 Coll.
Content of the reports submitted by securities dealers to the Czech National Bank
1. MKT (ČNB) 40-97 "Reporting of transactions in investment vehicles"
The statement shall contain information on closed or cancelled transactions in listed investment vehicles, which are, under the conditions laid down directly by the applicable European Union Regulation implementing Directive (EU) No 1093 / 2010 of the European Parliament and of the Council on markets in financial instruments (7), part of trade information. In addition to the data set out in Table 1 of Annex 1 to this directly applicable European Union Regulation, except for the data set out in Nos 7 - 15, 19 and 23 of this table, it shall include the customer's identification, the estimated trading settlement date, the volume of the transaction and the trade report reference number.
2. MKT (ČNB) 41-12 "Information on instructions"
The statement shall include a record of orders for the purchase, sale or other transfer of investment vehicles. All orders received, including those not executed, indicating all details of the order received related to the identification and classification of the order, the customer, the contracting entity, the persons performing the professional business with the order and the investment instrument, the time and manner in which the order is received and other dispositions with it, the specification of the required transaction, the payment for execution of the order.
3. MKT (ČNB) 42-12 "Business Information"
The statement shall include a record of transactions carried out on the basis of the orders received and of transactions concluded by the securities dealer for its own account. All transactions that were closed, settled or cancelled in a given month shall be reported. All relevant facts relating to the identification and classification of interested parties and investment vehicles and data characterising trade in terms of quantity, value and time, settlement, amount of payment for execution of the transaction shall be reported.
4. MKT (ČNB) 43-12 "Tool Information"
The statement contains information on investment instruments whose identification was used in the statements "MKT (ČNB) 41-12" and "MKT (ČNB) 42-12" with the exception of listed investment securities according to § 3 (2) (a) and (b) of Act No. 256 / 2004 Coll., on capital market business, as amended ("the Act"). The statement shall contain data concerning the identification and classification of the instrument, its basic parameters and characteristics.
5. MKT (ČNB) 44-12 "Information about persons"
The report shall contain details of all procuring entities of the order, customers, counterparties to the trade and third parties that have performed professional business activities related to the order and trade, and of tied agents that are present in the "MKT (ČNB) 41-12" and "MKT (ČNB) 42-12" statements. The statement shall contain data relating to the identification and classification of the person.
6. MKT (ČNB) 51-12 "Overview of securities held by customers"
The statement contains information on individual securities which are the property of the customer within the meaning of § 2 (1) (h) of the Act, all domestic and foreign securities by customer, resident and non-resident. Identification and classification data relating to the security, issuer and customer, value data on the security, maturity data shall be reported.
7. MKT (ČNB) 52-12 "Overview of other investment vehicles held by customers"
The statement contains information on individual investment vehicles other than securities, registered on the reporting trading venue as customer property within the meaning of § 2 (h) of the Act, on the last day of the reporting period by customer, resident and non-resident. These are mainly derivative operations. Identification and classification data relating to the investment instrument, issuer and customer, value data on the investment instrument shall be reported.
8. MKT (ČNB) 53-12 "Overview of funds held by customers"
The statement shall contain an overview of the funds recorded with the reporting entity as customer assets within the meaning of Section 2 (b). (h) the law, broken down by individual customers, residents and non-residents, and additional information on loans granted for the purpose of providing an additional investment service in order to facilitate trade in the investment instrument in which the loan provider is involved. Identification and classification data relating to the customer and value data on funds and credit, etc.
9. OCP (ČNB) 48-04 "Organizational structure and persons with qualified participation"
The statement shall contain basic identification and classification data on the reporting person, the founder of the branch of the foreign securities dealer, branches abroad, members of management bodies, contact persons for defined areas of activity. The report shall also contain information on capital, voting rights, the number of its staff and organisational components. The statement shall also contain basic identification and classification information on members with a share of the capital or voting rights of more than 5%, including structured data on the size of the share, basic identification and classification data on all persons with a qualifying holding in the reporting entity, including structured data on the size of the share and the qualifying participation of the reporting entity in other legal entities.
10. OCP (ČNB) 10-04 "Balance sheet of the securities trader"
The statement shall contain data on the economic situation of the reporting person, namely assets, liabilities and equity, in a basic breakdown derived from international accounting standards, provided by commitments, guarantees, claims on derivatives and accepted commitments, guarantees, liabilities on derivatives and similar items.
11. OCP (ČNB) 11-04 "Additional information on financial statements of OCP"
The statement shall contain additional information to the balance sheet and profit or loss account, including information on claims and liabilities broken down by sector and activity, securities by maturity and type, structure of derivative transactions by risk and type, repurchase transactions and similar transactions, structure of interest income and cost.
12. OCP (ČNB) 20-04 "Profit and loss account of the trader with CP"
The report shall include an overview of the revenues, costs and accounting gains and losses from the beginning of the calendar year to the end of the reference period, on the basic breakdown derived from international accounting standards.
13. OCP (ČNB) 70- 02 "Balance sheet on a consolidated basis"
The statement shall contain data on the economic situation of the consolidation unit compiled for prudential requirements, namely assets, liabilities and equity, on a base breakdown derived from international accounting standards, provided by commitments, guarantees, claims on derivatives and accepted commitments, guarantees, liabilities on derivatives and similar items.
14. OCP (ČNB) 71-02 "Profit and loss account on a consolidated basis"
The profit and loss account shall include an overview of the revenues, costs and accounting gains or losses of the consolidation unit compiled for prudential purposes in the basic breakdown derived from international accounting standards.
15. OCP (ČNB) 80-01 "Report on the structure of the consolidation unit"
The statement contains basic information on the consolidation unit and persons included in it (basic identification data, core capital, basic identification and classification data on members of management bodies, qualified interests, methods of consolidation for prudential requirements).
16. FIS (CNB) 10-12 "Balance sheet and off balance sheet"
The statement shall contain data on the financial position of the reporting entity, namely assets, liabilities and equity, in a base breakdown derived from international accounting standards and provided and accepted by commitments and guarantees.
17. FIS (CNB) 20-12 "Profit or loss account"
The statement shall contain an overview of the revenue, costs and 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.
18. FIS (CNB) 40-12 "Additional balance sheet information"
The statement contains additional information to the balance sheet, namely data on derivatives to trading and hedging derivatives broken down by risk and markets, on impairment and status and movement of adjustments and on financial assets provided as collateral and on financial liabilities associated with the transfer of financial assets.
Příloha č. 2
Annex No 2 to Decree No 427 / 2013 Coll.
Basic characteristic of OCP (CNB) reports 72-02
1. The report on intra-group transactions of mixed holding persons of OCP (CNB) 72- 02 contains an overview of the selected operations negotiated over the reference period, including transactions, services and other arrangements between the reporting entity 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 transactions.
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 reporting agent has carried out the operation concerned, the type of operation according to the classification of intra-group operations and the indication of whether or not the transaction is significant.
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, transactions of the same nature agreed with the same counterparty and in the same currency shall be treated as one operation.
4. At the same time in the reporting annex, the reporting agent shall provide more detailed information on the transactions reported and the counterparties to which the reported transactions have been agreed. The reporting person shall also indicate whether and how intra-group operations are more detailed in each type of operation.
5. That type of operation shall reflect the nature of the transaction, service or other arrangement negotiated between the reporting entity and the counterparty of the transaction. To classify the reported operation into the relevant type, the reporting agent shall use the following classification established by the Czech National Bank:
Type 1 of the transaction resulting in the capital interconnection of persons in the group of a mixed holding person, i.e. cash or non-cash contributions to share capital, reserves or capital funds and 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 that is a performance without a legal reason, a performance of an invalid legal act or a performance for a legal reason that has fallen out, or an obligation that another person in the group of a mixed financial holding company should have performed by right,
Type 8 other non-type 1 to 7 operations.
Příloha č. 3
Annex No 3 to Decree No 427 / 2013 Coll.
Additional information to the OCP (CNB) statement 80-01
The following additional information in text and graphic form shall be submitted to the OCP (CNB) report 80-01 submitted for consolidation units by the reporting agent pursuant to Article 10 (2):
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;
(d) an overview of the services provided by the controlled person to other persons in the consolidation unit (not related to the group of the mixed holding person);
(e) an overview of the services provided by the controlling person to the controlled person (not applicable to the mixed holding 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;
(d) an overview of the services provided by the associate to other persons in the consolidation unit (not related to the group of the mixed holding person);
(e) an overview of the services provided by the controlling person to the associated person (not related to the mixed holding person);
4. a graphical representation of the consolidation unit in terms of ownership arrangements, indicating the persons included in the consolidation unit set up for prudential requirements;
5. a graphical representation of the consolidation unit in terms of management, indicating the persons included in the consolidation unit set up for prudential requirements.
1) § 11 of Act No. 240 / 2013 Coll., on Investment Companies and Investment Funds.
(2) 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.
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) Paragraph 3 (1) (b) of Decree No. 236 / 2008 Coll., on the information obligations of the operator of the regulated market and the operator of the multilateral trading system.
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).
7) Commission Regulation (EC) No 1287 / 2006 of 10 August 2006 implementing Directive 2004 / 39 / EC of the European Parliament and of the Council as regards the recording obligations of investment firms, transaction reporting, market transparency, admission of financial instruments to trading and the definition of concepts for the purposes of that Directive.
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Regulation Information
| Citation | Decree No. 427 / 2013 Coll., on the submission of reports by securities dealers to 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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