Decree No. 468 / 2013 Coll.
Decree amending 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
Valid
Order
Effective from 01.01.2014
Text versions:
01.01.2014
31.12.2013
468
DECLARATION
of 20 December 2013
amending 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
The Ministry of Finance provides pursuant to § 37b (1) of Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 437 / 2003 Coll. and Act No. 304 / 2008 Coll., for the implementation of § 4 (8):
Decree No. 501 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities which are banks and other financial institutions, as amended by Decree No. 473 / 2003 Coll., Decree No. 545 / 2004 Coll., Decree No. 398 / 2005 Coll., Decree No. 350 / 2007 Coll., Decree No. 470 / 2008 Coll., Decree No. 420 / 2010 Coll. and Decree No. 408 / 2012 Coll., is amended as follows:
1. In the introductory part of Section 1, the words "European Communities' are replaced by the words" European Union '.
2. Paragraph 2 (1) reads as follows:
"(1) The decree applies to entities under § 1 (2) (a), (b), (j) and (k) of the Act which are:
(a) a bank and a branch of a foreign bank under the law governing the activities of banks;
(b) by a savings and credit cooperative under the Act governing the activities of savings and credit cooperatives ("cooperative reserve"),
(c) by a securities dealer, an organisational part of a foreign securities dealer under the law governing the capital market business;
(d) an investment company and an investment fund or branch of a foreign person authorised to manage investment funds or foreign investment funds under the law governing the activities of investment firms and investment funds;
(e) a mixed holding company under the law governing the activities of banks;
(f) a financial holding person under the law governing the activities of banks;
(g) a pension company, a pension fund, a participating fund or a transformed fund under a law governing supplementary pension savings or a pension fund under a law governing pension savings;
(h) electronic money institutions, a branch of a foreign electronic money institution from a Member State under the law governing payment; or
(i) a payment institution, a branch of a foreign payment institution from a Member State under the law governing payment. ';
footnotes 2, 3, 4, 5, 6, 21 and 23 are deleted, including the footnotes.
3. In Article 2 (2), the words "l) and (m) 'are replaced by the words" h) and (i)' and the words "or branches of foreign persons comparable to financial institutions under the law governing the activities of banks are added at the end of the text of paragraph 2. ';
4. In Article 2, paragraph 3, including footnote 7 and paragraph 4, is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 3 and 4.
5. In Article 3 (2), the words "(balance) 'and" (balance)' are deleted.
6. In Article 3 (4), the word "(balance) 'is deleted.
7. In Paragraph 3 (5), the sentence "An overview of changes in equity is not drawn up by entities in accordance with § 1 (2) (b), (j) and (k) of the Act."
8. in Article 4 (1), (4) and (6), the word "(balance)" shall be deleted;
9. In Article 4 (2) and (3), the word "(balance) 'is deleted.
10. In Part Two of Title II, the word "(BILANCE) 'is deleted.
11. in Article 7 (1), the word 'are' is replaced by 'is'.
12. in Paragraph 8 (1):
"(1) Item" 4. Credits for customers - members of cooperative advances', includes, for entities that are a bank or a cooperative back-up, credit claims and other claims, including related to domestic and foreign clients, members of cooperative advances or persons that are not a bank or a cooperative back-up, in particular the debit balance of the current account, factoring claims, claims arising from financial leasing, claims arising from guarantees, letters of credit, loans granted under repurchase transactions, advances on securities issued for a period of more than 30 calendar days, claims arising from the sale of securities with a deferral of the sale price for more than 30 calendar days, claims arising from the sale of securities not settled within 30 days after the specified settlement date, non-marketable debt securities issued by persons other than banks that are not treated with an intention or early sale and are not measured at fair value. ';
13. in Paragraph 8 (2), the word "member" is replaced by the word "cooperative."
14. in Article 8 (2), the words "in cooperative bookings" shall be deleted;
15. in Article 8 (2), the last sentence shall be deleted;
16. in Article 9 (1), the words "against cost or income accounts, feasible" shall be deleted and the words "debt securities lent" shall be replaced by the words "debt securities granted by loan."
17. in Paragraph 9 (2), the words "non-marketable debt" and "not purchased with the intention of immediate or early sale and not measured at fair value," shall be deleted;
18.Paragraph 10 (1) reads as follows:
"(1) Item" 6. Shares, units and other shares "shall include shares which do not have the character of a participating party with decisive or significant influence, units, other securities and securities provided under repurchase agreements or loans. The item contains an adjustment to the unmeasured fair value of the items. '
19. in Paragraph 11 (1), the word "(counter value)" shall be deleted;
20. in Article 11 (2), the word "(countervalue)" shall be deleted;
21. In Paragraph 13 (1), the word "material" shall be inserted after the word "files."
22. In Paragraph 13, the words "as amended 'shall be added at the end of paragraph 3.
23. In Paragraph 15, the word "unpaid 'is replaced by" unpaid'.
24. In Article 15, the word "member 'is replaced by" cooperative'.
25. in Article 15, the words "cooperative advances" and the words "cooperative advances" shall be replaced by the words "cooperatives" and the words "member9) shall be replaced by the words" member. "
footnote 9 is deleted.
26. Paragraph 16 (2) is deleted and paragraph 1 is deleted.
27. in Paragraph 17 (1):
"(1) Item" 1. Liabilities to banks and cooperative reserves "includes, for entities that are a bank or a cooperative reserve, debt from loans and other debts to central banks, other banks or cooperative reserves, including accessories, in particular loans received, loans received under repurchase transactions, guarantees payments, credits. This item also includes current accounts and fixed-term deposits of central banks, other banks or cooperative advances. This item does not include liabilities arising from securities recorded under item" 3. Debt securities liabilities "or" 4. Other liabilities. "'
28. In Paragraph 18 (1), "liabilities' is replaced by" debts'.
29. Paragraph 20, including the title, reads:
Other liabilities
(1) The heading "4. Other liabilities" includes liabilities vis-à-vis third parties, in particular advances received from the authorising officers for the purchase of securities, supplementary pension insurance debts, pension savings or supplementary pension savings, securities trading liabilities and other debts which have the character of debts arising from employment and consumer relations or debts vis-à-vis the state budget, unless they are included in other items. The item also includes the negative fair value of derivatives including embedded derivatives separated from the host instrument pursuant to Paragraph 6 (2), liabilities arising from short-term sales of non-debt securities, deferred tax debt, debt from amounts to be debited, other unidentified liabilities vis-à-vis clients, arbitrary passive items and other balances of accounts not included in other items. This item does not include accruals accounts that are shown under item "5. Revenue and expenditure accruing from subsequent periods."
(2) Entities under "4. Other liabilities" also report outstanding securities at redemption. "
30. in Paragraph 22 (1), "liabilities" is replaced by "debts."
31. in Paragraph 22 (2), the word "commitment" shall be replaced by "debt," the words "funds and pensions" shall be deleted and the word "commitments" shall be replaced by "debt."
32. In Paragraph 22 (5), the word "liability 'is replaced by" debt' and the word "undertaking 'is replaced by the word" commercial corporation or part thereof'.
33.
Capital
(1) The heading "8. Capital" includes subscribed capital. An entity shall indicate in a separate subheading the paid-up capital. This item also includes own shares without taking into account the purpose of the acquisition which reduces the value of the capital.
(2) Entities that have variable capital under the Act governing the activities of investment companies and investment funds, under the heading "8. Capital" shall report only amounts entered by the subscription of the founding shares that are recorded in the Commercial Register. "
Article 34 (25), including the title:
Emission premium
(1) The item "9. Emission premium" contains the difference between the issue rate and the capital injection. This item also includes the difference between the value of the equity and the cost of the equity reduction and the difference between the selling price and the cost of the sale.
(2) This item shall also include the share premium account in the case of the issue of units or investment shares and, where applicable, the haircut by which the current value of the share certificate or investment share is reduced on redemption. ';
35. In the first sentence of Paragraph 28, the words "or investment shares' shall be inserted after the words" sheets'.
36. In the second sentence of Paragraph 28, the word "nominal 'is replaced by" current'.
37. In Paragraph 28, at the end of the second sentence, the words "or investment shares, the value of pension and pension units attributed 'are added.
38. In Paragraph 29 (2), the words "Investment companies for their share funds, investment funds, pension funds and pension companies for their transformed funds' are replaced by the words" Entities'.
39. in Paragraph 32 (a), "loans" is replaced by "loans."
40. in Paragraph 32 (c), the word "liabilities" is replaced by the word "debts."
41. in Paragraph 33, the word "liabilities" is replaced by "debts."
42. In Paragraph 39 (a), the word "loans" is replaced by "loans."
43. In Paragraph 44 (1), after the word "or" the word "other" is deleted and the word "commitments" is replaced by the word "debts."
44. in Article 44 (2), the words "and 6.
45. in Paragraph 44 (4), "liabilities" is replaced by "debts" and "liabilities" is replaced by "debts."
46. In Article 45, "dividends on shares and similar income on other shares' is replaced by" profit shares'.
47. In Article 45, the words "Dividends from shares and shares' are replaced by the words" Profit interests' and the words "(consideration) 'are deleted.
48. In Paragraph 47 (1), the words "for sale 'are deleted.
49. in Article 47 (2), the words "Investment companies for their share funds, investment funds, pension funds and pension companies for their transformed funds" shall be replaced by the words "Entities" and the words "measured at fair value only at the time of their loss" shall be deleted;
50. in Paragraph 50 (4), the word "(countervalue)" shall be deleted;
51. in Paragraph 50 (5), the word "(counter value)" shall be deleted;
52. In Paragraph 51, the word "(countervalue) 'is deleted.
53. In Article 53, the word "dividends' is replaced by" profit participation 'and the word "(consideration)' is deleted.
54. in Paragraph 55 (2), the word "business" shall be deleted;
55. in Paragraph 56 (a) (9), "liabilities" is replaced by "debts."
56. in Article 56 (b) (4), "liabilities" is replaced by "debts."
57. in Article 57 (a) (4), the words "stock exchange and" and the words "or on the stock exchange" shall be inserted after the words "on";
58. in Paragraph 57 (a) (8), "liabilities" is replaced by "debts."
(59) In Article 57 (b) (3) and (4), the word "(balance)" shall be deleted.
60. in Paragraph 59 (2) (d), the words "or the accounting officer" shall be inserted after the word "nominal."
61. in Paragraph 59 (2) (e), the word "liabilities" is replaced by "debts."
62. In Paragraph 60 (1) (a), the word "liability" is replaced by "debt."
63.In Paragraph 60 (1) (d), after the words "other claims and" the word "liabilities" is replaced by the word "debts."
64. in Article 60 (1) (f), the word "to" shall be inserted after the words "broken down."
65.In Paragraph 60 (1) (j), the word 'purchased' is replaced by 'acquired'.
66.In Article 60 (3) (c) (2), the word "liabilities" is replaced by "debts."
67. In Section 62 of the Introductory Part of the provision, the words "after their holdings' are deleted.
68. In Paragraph 63 (c), "share 'is replaced by" deposit'.
69. in Paragraph 63 (d), the word "shares" is replaced by "deposits."
70. in Paragraph 63 (e), the words "special legislation (14)" are replaced by the words "law governing the activities of savings and credit cooperatives."
footnote 14 is deleted.
71. in Paragraph 63 (g), the word "liabilities" is replaced by "debts."
72. In the introductory part of Section 64 of the provision, the words "funds and pensions' are deleted.
73. In Article 65, the words "net assets' are replaced by" equity capital 'and the words "dividends or other' are deleted.
74. In Article 68 (3), the words "the company behind the mutual funds and investment funds it manages' are deleted and the words" No 189 / 2004 Coll., on collective investment 'are replaced by the words "the activity of investment companies and investment funds'.
75. in Article 68a (1), the words "Investment companies for their share funds, investment funds, pension funds and pension companies for their transformed funds" shall be replaced by "Entities."
76. In the title of Section 69, the word "(countervalue) 'is deleted.
77.In Paragraph 69 (1), the word "(counter value)" shall be deleted.
78. In Paragraph 69 (2) (a), the word "dividends" is replaced by "profit shares."
79.In Article 69 (4), the word "(consideration)" shall be deleted and the word "dividends" shall be replaced by "profit shares."
80. In Paragraph 70 (1), the words "listed on a domestic or foreign exchange 'are replaced by the words" admitted to trading on a regulated market'.
81. in Paragraph 70 (1), "public market" is replaced by "regulated market";
82. In Paragraph 71, the word "property 'is replaced by" tangible real estate' after the word "set '.
83. In Article 71, the words "as amended 'are added at the end of the text.
84. in Paragraph 74 (2), the word "(countervalue)" shall be deleted;
85. in Paragraph 76 (1) and (6), the word "liabilities" is replaced by the word "debts."
86. In Paragraph 76 (3), the word "undertaking 'is replaced by" debt'.
87.In Paragraph 76 (10), the words "funds and pensions' are deleted and the word" commitments' is replaced by "debts'.
88. In Paragraph 76 (10), the words "in the accounts of the transformed funds' shall be added at the end of the first sentence.
89. In Paragraph 76 (10), the words' pension fund or 'are deleted and the word' commitments' are replaced by 'debts';
90. in Paragraph 78 (1), (3), (4) and (5), the word "liability" is replaced by "debt."
91. in Paragraph 78 (6), the word "commitment" shall be replaced by "debt."
92.In Paragraph 79 (6), the word "(countervalue)" shall be deleted.
93.In Paragraph 80 (4) (b), the word "loan" is replaced by the word "loan" and the words "and securities lending secured by the transfer of cash or other form of remuneration" are deleted.
94. In Paragraph 80 (5), the word "loans' is replaced by" provision '.
95.In Paragraph 80 (5), the word "loan" shall be inserted after the word "provision of a security."
96. In Paragraph 80 (5), "secured 'is replaced by" secured'.
97. In Paragraph 80 (6), "borrowing" is replaced by "acceptance."
98. In Article 80 (6), the word "loan" shall be inserted after the words "acceptance of the security."
99. In Paragraph 80 (6), the word "secured" is replaced by "secured."
100. In Paragraph 82 (3) (c), the word "(countervalue) 'is deleted.
101. In Paragraph 82 (4), the word "(balance) 'is deleted.
102. In Paragraph 82 (5), the word "(balance) 'is deleted.
103. In Paragraph 82 (6), the word "(countervalue) 'is deleted.
104. In Paragraph 82 (9), "liabilities' is replaced by" debts' and "dividends' is replaced by" profit shares'.
105. In Section 84 (2) of the introductory part of the provision, the word "(balance) 'is deleted.
106. In Paragraph 86 (1) (a), the word "liabilities' is replaced by" debts'.
107. In Paragraph 86 (1) (c), "loans' is replaced by" loans'.
108. In Paragraph 86 (1) (d), "financial liabilities' is replaced by" debt 'and "liabilities' is replaced by" debt '.
109. In Paragraph 86 (1) (e), "liabilities' is replaced by" debts'.
110. In Paragraph 86 (1) (f), the word "(countervalue) 'is deleted.
111. In Annex 1, the word "(balance) 'is deleted.
112. In Annex 1, footnote 20, including the footnote reference, is deleted.
113. In Annex 3, "200X 'is replaced by" 20XX' and "200Y 'is replaced by" 20YY'.
114. In Annex 3, the word "Dividends' is replaced by" Profit interests'.
115. In Annex 4 to the account group 91, the word "loans' is replaced by the word" loans'.
(116) footnotes 17, 18, 18a and 18e are deleted.
Transitional provision
The provisions of Decree No 501 / 2002 Coll., as effective from the date of entry into force of the Order, shall apply for the first time in the accounting year beginning on or after 1 January 2014.
Efficacy
This Decree shall take effect on 1 January 2014.
Minister:
Ing. Fischer, CSc., v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 468 / 2013 Coll., amending 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0