Decree No. 454 / 2017 Coll.
Decree on information obligations of certain persons authorised to provide payment services or to issue electronic money
Valid
Order
Effective from 13.01.2018
Text versions:
13.01.2018
20.12.2017
454
DECLARATION
of 13 December 2017
on the information obligations of certain persons authorised to provide payment services or to issue electronic money
The Czech National Bank provides pursuant to § 263 of Act No. 370 / 2017 Coll., on payment, for implementation of § 30 (2) and § 89 (3) of this Act, and pursuant to § 41 (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 scope, form, time and method of drawing up and submitting the reports to the Czech National Bank by certain persons entitled to provide payment services or to issue electronic money under the conditions laid down in the Law on payment.
Definition of terms
For the purposes of this decree:
(a) the structured data set created by the reporting entity;
(b) a dataset of electronic data clusters with predefined data structures that are methodologically described, transmitted and processed and accessible as a whole in the information system.
Heading of reporting agents
The statements shall be compiled and submitted by the following reporting agents:
(a) payment institutions;
(b) electronic money institutions;
(c) a foreign payment institution or a foreign electronic money institution established in another Member State operating in the territory of the Czech Republic through its branch;
(d) a small-scale payment service provider;
(e) small-scale electronic money issuer,
(f) the administrator of the payment account information.
Statements presented
(1) The reporting person shall draw up and submit the following statements pursuant to Article 3 (a) and (b):
(a) PLT (ČNB) 10-04 "Quarterly balance sheet,"
(b) PLT (ČNB) 20-04 "Quarterly profit and loss account,"
(c) PLT (ČNB) 30-04 "Capital reporting,"
(d) PLT (CNB) 40-04 "Reporting on permissible assets and volume of payment transactions and electronic money issued"; and
e) PLT (ČNB) 50-04 "Report on the organizational structure."
(2) The reporting agent shall draw up and submit a statement of PLT (CNB) of 70-04 "Reporting on the volume of payment transactions and electronic money issued" according to § 3 (c).
(3) The reporting agent shall draw up and submit a statement of PLT (CNB) 40-04 "Reporting on permissible assets and volume of payment transactions and electronic money issued" according to § 3 (d) and (e).
(4) The reporting person shall draw up and submit the following statements pursuant to Article 3 (f):
(a) PLT (ČNB) 10-04 "Quarterly balance sheet,"
(b) PLT (ČNB) 20-04 "Quarterly profit and loss account"; and
c) PLT (ČNB) 50-04 "Report on the organizational structure."
(5) Where the reporting agent pursuant to § 3 (a) and (b) has an obligation to compile and submit to the Czech National Bank the data referred to in paragraph 1 (a), (b) and (e) to a similar extent in accordance with the legislation governing the information obligations of persons engaged in the capital market, it shall only compile and submit the following statements:
(a) PLT (ČNB) 30-04 "Capital reporting,"
(b) PLT (ČNB) 40-04 "Reporting on permissible assets and volume of payment transactions and electronic money issued"; and
(c) PLT (ČNB) 19-04 "Selected data from accounting statements."
(6) The reporting person referred to in Articles 3 (a), 3 (b) and 3 (f) whose permit to operate relates to the payment service of the indirect issuance of a payment order or to the payment account information service further compiles and presents the PLT statement (CNB) 80-04 "Liability insurance or comparable collateral."
(7) The reporting person referred to in § 3 (a) to (e) whose permit to operate relates to the provision of consumer or other credit shall further draw up and submit a statement of PLT (ČNB) 90-04 "Report on Consumer and Other Loans Provided."
(8) The content of the statements is set out in the annex to this decree.
Common provisions for reporting
(1) The statements shall be drawn up by the reporting agent on the last day of the calendar quarter and presented within 30 days of the end of the first, second and third calendar quarters and by 10 February of the following year after the end of the fourth calendar quarter.
(2) The reporting officer shall proceed with the drawing up of statements in accordance with the legal provisions governing the keeping of account1) or international accounting standards governed by European Union2).
(3) The reporting agent shall, where 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 for the date on which the statement is drawn up, unless otherwise provided for in the law governing accounting or directly applicable European Union law governing the prudential requirements of credit institutions and investment firms (3). For data in currencies for which the Czech National Bank does not declare foreign exchange market rates, the reporting person shall apply the conversion according to the legislation governing accounting management (1).
Method and form of reporting
(1) The reporting person submits to the Czech National Bank reports in electronic form as data messages in the format and structure of 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 reporting person by a recognised electronic signature of the contact person.
(4) The reporting person shall communicate to the Czech National Bank the names and surnames, workplace address, telephone number and e-mail address of the contact persons.
(5) The reporting person shall inform the Czech National Bank without undue delay of changes to the data referred to in paragraph 4.
Corrections and changes in accounts
(1) If an error is detected after the submission of the Czech National Bank's statements or a change or addition has been made to the data, the reporting person shall submit corrected, amended or supplemented data to the Czech National Bank without undue delay. If the correction, amendment or addition affects data in other statements or statements for further periods of time, the reporting agent shall also correct all such subsequent statements.
(2) If, on the basis of a verification of the accounts by the auditor of the reporting agent, changes are made to the statements drawn up on 31 December, the reporting agent shall, within 15 days of making the corresponding changes to its accounts, submit those statements again with adjusted values. Where the correction affects data in other statements or statements for other periods of time, the reporting agent shall also correct all such subsequent statements.
(3) The corrected statements shall be presented within the time limit referred to in paragraphs 1 and 2 in accordance with the procedure laid down in Article 6, together with information on the content and the reason for the correction.
Transitional provision
The compilation and submission of statements relating to the period until 31 December 2017 shall be carried out in accordance with Decree No. 142 / 2011 Coll., on the submission of information by payment institutions, electronic money institutions, small-scale payment service providers and small-scale electronic money publishers to the Czech National Bank, as effective before the date of entry into force of this decree.
Efficacy
This Decision shall enter into force on 13 January 2018.
Governor:
Ing. Rusnok v. r.
Annex to Decree No 454 / 2017 Coll.
Content of the reports submitted by reporting agents to the Czech National Bank
1. PLT (ČNB) 10 - 04 "Quarterly balance sheet"
The statement shall contain the basic accounting data on assets and liabilities in the balance sheet structure based on the manner in which the reporting agent's accounts are kept. Data shall be reported cumulatively for all activities and separately for the provision of payment services and for the issuance of electronic money.
2. PLT (ČNB) 20 - 04 "Quarterly profit and loss account"
The statement shall contain basic accounting data on the income, costs and results of the management of the profit and loss account based on the manner in which the reporting entity keeps its accounts. Data shall be reported cumulatively for all activities and separately for the provision of payment services and for the issuance of electronic money.
3. PLT (ČNB) 30 - 04 "Capital reporting"
The statement shall contain information relating to the legislation governing certain conditions for the performance of the activities of the payment institution and the electronic money institution. In the capital section, it monitors its individual components. It also contains information on how to calculate capital requirements and the surplus or lack of capital.
4. PLT (ČNB) 40-04 "Reporting on permissible assets and volume of payment transactions and electronic money issued"
The statement shall contain the structure of the funds of the reporting agents entrusted to them for the purpose of carrying out the payment transaction and which correspond to the financial obligations of the electronic money issued that can only be invested in liquid assets at low risk. It also contains data on the volume of payment transactions, the volume of electronic money issued and the average volume of electronic money in circulation.
5. PLT (ČNB) 50-04 "Report on organizational structure"
The statement shall contain data on the senior reporting agents, shareholders, qualified interests and the major assets of the payment institution or electronic money institution. The basic identification data, the capital figures in the distinction shall be provided to the Czech Republic, other Member States and States of the European Economic Area and other States, the main working areas and the data on the taking up of the post of directors, the data on the shareholder structure and qualifying shares of the reporting agent and the qualifying holdings of the reporting agent in other legal entities.
6. PLT (ČNB) 19-04 "Selected data from accounting statements"
The statement shall contain balance sheet items and profit and loss accounts that may be used or related to the provision of payment services, the issuance of electronic money and compliance with the rules on the performance of business. Data shall be aggregated for all activities and separately for the provision of payment services and for the issuance of electronic money.
7. PLT (ČNB) 70-04 "Reporting on the volume of payment transactions and electronic money issued"
The statement contains data on the total volume of payment transactions carried out in the reference period and the total volume of electronic money issued in the reference period for activities carried out in the Czech Republic.
8. PLT (ČNB) 80-04 "Liability insurance or comparable reinsurance"
The report shall contain data for the calculation of the minimum premium benefit limit and the minimum level of comparable reinsurance relating to liability insurance or comparable reinsurance. It also contains data on the volume of payment transactions and the number of payment service users.
9. PLT (ČNB) 90-04 "Report on provided consumer and other loans"
The report shall contain data on the volume and number of consumer and other loans granted and outstanding, the amount and number of claims past due over 3 months and the amount of initial capital and the subsequent interim capital requirement.
1) Act No. 563 / 1991 Coll., on Accounting, as amended. Decree No. 500 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are entrepreneurs accounting in the dual 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.
2) 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, as amended.
(3) 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.
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Regulation Information
| Citation | Decree No. 454 / 2017 Coll., on the information obligations of certain persons authorised to provide payment services or to issue electronic money |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.2017 |
|---|---|
| Effective from | 13.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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