Decree No. 469 / 2013 Coll.
Decree amending Decree No. 502 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are insurance undertakings, as amended
Valid
Order
Effective from 01.01.2014
Text versions:
01.01.2014
31.12.2013
469
DECLARATION
of 20 December 2013
amending Decree No. 502 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are insurance undertakings, 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. 502 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are insurance undertakings, as amended by Decree No. 474 / 2003 Coll., Decree No. 546 / 2004 Coll., Decree No. 399 / 2005 Coll., Decree No. 351 / 2007 Coll., Decree No. 411 / 2009 Coll. and Decree No. 421 / 2010 Coll., are amended as follows:
1. In section 1 of the introductory part of the provision, the words "European Communities' are replaced by the words" European Union '.
2. in Articles 3 (2) and (4), 4 (1), 4, 6, 7 and 8, 5 (1) and (3), 10 (13), 16 (10) (a), 22 (2) (g) and (m), 22 (3), 36 (2) and 37 (2), the word "(balance sheet)" shall be deleted;
3. in § 3 (2), § 4 (2), (3) and (5), § 22 (1) of the introductory part of the provision, § 22 (2) (f), § 23 (2) (e), § 23 (6) (d), § 39 (4) and (5) and § 41 (2) the word "(balance)" shall be deleted;
4. In Paragraph 3 (6), the words "commercial corporations' and the words" dividends or others' shall be inserted after the words "members'.
5. In Paragraph 5 (3), the word "(real estate) 'is deleted.
6. In Article 5 (5), the word "undertakings' is replaced by the words" companies'.
7. In Section 7 (3), footnote 9 reads:
"9) § 1879 of the Civil Code. '.
8. In Article 7 (3), the words "the right to compensation for damage caused by an insurance event. 10) 'is replaced by" the transfer of rights to insurers 10)'.
Footnote 10:
"10) § 2820 of the Civil Code. '.
9. In Article 7 (3), the words "the transfer of the right to compensation caused by an insurance event 'are replaced by the words" the transfer of rights to insurers'.
10. in Article 8 (4) and (5), the word "liabilities" shall be replaced by "debts."
11. in Article 8 (7), the words "the full amount of the prescribed contributions of insurers intended for payment of payments pursuant to Articles 24 (2) and 29 (1) of the Vehicle Liability Insurance Act and the Paid-for-Borders Insurance Act" shall be deleted.
12. in Paragraph 8 (8), the second sentence is deleted;
13. in Paragraph 8 (9), the words "according to the nature of the transaction and the accounting case" shall be inserted after the words "in the Non-Technical Account"; "under the heading" I.7.c) Administrative direction "or under the heading" I.8. Other technical expenses, net of reinsurance "in the Non-Life Insurance Technical Account '.
14. In Paragraph 8, at the end of paragraph 9, the sentence "The application of the Guarantee Fund shall be indicated in accordance with the same amount in line with the indication of these costs."
15. In Paragraph 8 (10), the words "from frontier insurance, income from contributions of insurers intended for payment of benefits pursuant to Sections 24 (2) and 29 (1) of the Vehicle and Income Insurance Act" and the second sentence are deleted.
16. In Section 8, at the end of paragraph 11, the sentence "In line with the creation and use of technical provisions, the use and creation of the Guarantee Fund shall be indicated in accordance with the same amount, except for the amounts of the creation and use of technical provisions for insurance claims arising from the frontier insurance. '
17. in Paragraph 8, the following paragraph 12 is inserted after paragraph 11:
"(12) The relevant provisions of Title II and Title III shall apply mutatis mutandis to the presentation of reinsurance contracts by the Office. In accordance with the reporting of such collateral, the creation and use of the Guarantee Fund shall be reported to the same extent, except for the collateral for frontier insurance. ';
Paragraphs 12 and 13 shall become paragraphs 13 and 14.
18. in Paragraph 8 (14), the words "For the regressions applied" shall be replaced by the words "Repayments received," the words "shall be replaced by the words" shall be indicated in the manner provided for in "and the words" with these regressions being indicated at the time and up to the amount of the cash collection on the Office's account "shall be deleted.
19. In Article 8, the following paragraph 15 is added:
"(15) Accepted contributions under Section 24c of the Code governing insurance of liability for the operation of the vehicle are listed in the Office under item" I.3. Other technical income, net of reinsurance, in the Technical Account for non-life insurance of the profit and loss account. At the same time, the creation of the Guarantee Fund is reported to be the same. '
20. The following Section 8a is inserted after Section 8, including the title and footnote 52:
Damage Protection Fund
(1) The Office lists the creation of the Damage Guarantee Fund 52) from the contribution of members of the Office as an increase in its balance at the time of receipt of the contribution from the Office member under the heading "G.VII. Damage Protection Fund" liabilities. The same applies in the case of the creation of the Damage Guarantee Fund from the Office's funding to this fund.
(2) The Office shall provide for the use of the Damage Guarantee Fund up to the amount of the contributions referred to in paragraph 1 as a reduction in its balance at the time of the grant of the cost compensation under the liability item "G.VII. Damage Guarantee Fund." The same procedure shall apply in the case of the use of the Damage Guarantee Fund for the grant or loan.
(3) The Office lists the proceeds from the investment of temporarily vacant funds of the Damage Guarantee Fund under the heading of the Non-Technical Account "III.3. Investment income (investment)" profit and loss account. At the same time as these revenues are reported, the creation of the Damage Guarantee Fund under the heading "Non-Technical Account" III.8 Other costs'.
(4) The Office lists the costs resulting from the investment of temporary vacant funds of the Damage Guarantee Fund under the heading of the Non-Technical Account "III.5. Investment costs (investment)" profit and loss account. At the same time as these costs are indicated, the same amount of application of the Damage Guarantee Fund under the heading "Non-Technical Account" III.7. Other income '.
(5) In case of an obligation on the beneficiary to repay the funds provided to the Damage Guarantee Fund, the Office shall include them in off-balance-sheet accounts until they are paid. At the time of payment, these funds shall be entered as the creation of the Damage Guarantee Fund referred to in paragraph 1, including, where appropriate, interest on late payments.
52) Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on insurance of liability from the operation of a vehicle), as amended, Act No. 238 / 2000 Coll., on the Fire Department of the Czech Republic and on the amendment of certain laws, as amended, and Act No. 586 / 1992 Coll., on Income Tax, as amended. '
21. In Part Two of Title II, the word "(BILANCE) 'is deleted.
22. in Article 9 (1), the words "and members of the cooperative" shall be replaced by the words "commercial corporations" and the words "commercial code and special legislation.16)" shall be replaced by the words "commercial corporation and insurance law."
footnote 16 is deleted, including the footnote reference.
23. in Article 9 (2), the words "computer programmes17) (software) and other copyright under specific legislation" shall be replaced by the words "computer programmes and other subject matter of protection under copyright or other matters of intangible 53)."
Footnote 53 reads:
"53) § 496 (2) of the Civil Code. '
footnote 17 is deleted.
24. In Paragraph 9 (2), at the end of the third sentence, the words "as amended (" Decree No 500 / 2002 Coll. ')' shall be added.
25. in Paragraph 10 (1), "a" is replaced by "comma and" (property) "is replaced by" or other immovable property, "
26. in Paragraph 10 (2), the word "(real estate)" shall be deleted and the words "all real estate (18)" shall be replaced by the words "land and buildings, or other real estate (54)."
Footnote 54 reads:
"54) E.g. § 498 (1) of the Civil Code. '.
footnote 18 is deleted.
27. In the second sentence of Article 10 (2), the words "indicate the operating real estate which is considered to be" shall be replaced by "shall indicate that property as an operating investment if it is'.
28. In Article 10, at the end of paragraph 2, the following sentence is added: "This item also includes construction rights and material burdens, with the exception of land and construction use rights, unless they are recognised as part of a valuation under item" C.I. "or item" F.I. "
29. in Paragraph 10 (3), footnote 20 reads:
"20) § 71 et seq. of Act No. 90 / 2012 Coll., on Companies and Cooperatives (Act on Commercial Corporations). '.
30. In Paragraph 10 (3), "loans' is replaced by" loans or loans granted '.
31. in Article 10 (4), footnotes 21 and 22 read:
"21) Paragraph 31 of the Commercial Corporation Act.
22) § 74 of the Commercial Corporation Act. '
32. in Paragraph 10 (8) (a), the word "loans" is replaced by "loans or loans."
33.Paragraph 10 (10) reads:
"(10) Heading" C.III.5 Other loans or loans' include amounts granted to insured persons for whom the insurance contract is the principal guarantee. This item also includes amounts granted to insured persons not guaranteed by an insurance contract. '
footnotes 25 and 26 are deleted.
34. in Paragraph 10 (13) (b), "liabilities" shall be replaced by "with debts."
35. In Paragraph 11 (1), at the end of the text of the first sentence, the words "unless it is listed as an intangible item under" B. "or" C. "of assets."
36. in Article 11 (5), the words "claims on commercial obligations," shall be deleted;
37. in Paragraph 12 (2) of the introductory part of the provision, the words "land and buildings (real estate)" shall be replaced by the words "property listed under" C.I. Land and buildings. "'
38. in Paragraph 12 (2) (a), footnote 32 reads:
"32) § 498 (2) of the Civil Code. '
39. in Paragraph 12 (2) (c), "a" is replaced by "comma," and "(property)" is replaced by "or other immovable property," and the words "and debts" are inserted after "advance."
40. In paragraph 12 (2) of the final part of the provision, the words "this item 'are replaced by" long-term tangible assets, including the item "C.I.' of assets, 'and at the end of the text of the paragraph, the words" implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are entities accounting in the double accounting system' are deleted.
41. in Article 14 (2), the words "Commercial Code and Special Legislation. 16)" shall be replaced by the words "Commercial Corporations Act and Insurance Act."
42.In Paragraph 14 (3), the words "commercial legislation.36) 'are replaced by the words" commercial corporations law (36). "
footnote 36:
"36) § 248 of the Commercial Corporation Act. '
43. In Article 14 (6), the words "the Commercial Code 'are replaced by the words" the Commercial Corporation Act'.
44. in Article 16 (10) (a) and (b), "liabilities" is replaced by "debts."
45. in Article 17 (4) (b), the words "undertaking or part thereof" shall be replaced by the words "business establishment or part thereof, in particular organisational units or branches."
46. In Paragraph 18 (2), "liabilities' is replaced by" debts'.
47. in Paragraph 18 (3), the words "Loans guaranteed by a bond" are replaced by the words "Debt securities commitments," the words "Loans designated" are replaced by the words "designated" and the words "Borrowing" are replaced by "Bonds."
48. In Article 18 (4), the words "obligations arising from commercial obligations," shall be deleted and the word "obligations" shall be replaced by "debts."
49. in Paragraph 18 (4), "Regulation (EEC) No 441)" is replaced by "Regulation (EEC) No 441)."
50. in Paragraph 18 (4), the words "and debts arising from the obligation of members of the Office to contribute to the Damage Guarantee Fund 52" shall be added after the words "Regulation (41)."
51. in Paragraph 18 (7), "liabilities" is replaced by "debts."
52. In Article 19 (5), the word "liabilities' is replaced by" debts'.
53.In Paragraph 20 (1), the words "special legislation.41a) 'are replaced by the words" civil law 41a). "
footnote 41a is replaced by the following:
"41a) § 2819 of the Civil Code. '
54. In Paragraph 20, at the end of paragraph 2, the sentence "This item shall also include remuneration corresponding to the insurance premiums under the Civil Code (55)."
Footnote 55:
"55) § 2764 (2) of the Civil Code. '
55. in Paragraph 20 (3) (b), "liabilities" is replaced by "debts."
56. in Paragraph 20 (5), the words "income from commercial obligations, or" shall be deleted;
57. in Article 22 (1) (a):
"(a) under the heading" C.I. Land and buildings "on holdings, property rights and other rights in kind in respect of assets under this heading, as well as other information which is entered in public lists or registers or other registers kept under specific legislation; This applies mutatis mutandis to the assets listed under" F.I., "'.
footnote 42 is deleted.
58. in Paragraph 22 (1) (b), the words "Other loans" are replaced by the words "Other loans or loans," the words "loans to policyholders" are replaced by the words "granted to policyholders" and the words "loans not guaranteed" are replaced by the words "granted to policyholders not guaranteed."
(59) In Paragraph 22 (1) (d), the words "such investment" are replaced by the words "such assets."
60. in Paragraph 22 (2) (f), the word "liabilities" is replaced by "debts" and the word "liabilities" is replaced by "debts."
61. in Paragraph 22 (2) (g), "Commitments" is replaced by "Debt."
62. In Paragraph 22 (2) (o), "loans" is replaced by "loans."
63.In Paragraph 22 (3), the words "liabilities" are replaced by the words "debts."
64. In Article 22 (5), the words "or branch 'shall be inserted after the words" organisational component'.
65.In Article 26 (1), the word "(real estate)" shall be deleted.
(66) In Article 26 (4) (a) (1), the words "received non-taxed dividends" are replaced by the words "accepted profit share of pre-tax profit."
67.In Article 27 (1), the word "(real estate)" shall be deleted.
68. In Article 27 (2), the word "(property) 'is deleted.
69. in Paragraph 27 (3), the word "(real estate)" shall be deleted;
70. In Article 27, the following paragraph 4 is added:
"(4) Paragraphs 1 to 3 shall apply mutatis mutandis to immovable property other than land and buildings."
71. in Paragraph 29 (5), the word "(real estate)" shall be deleted;
72.In Paragraph 29 (9), the words "as amended," shall be deleted.
73. In Paragraph 31 (1), the word "animals" is inserted after the word "stocks," and at the end of the text of paragraph 1, the words "implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are entities accounting in the dual accounting system 'are deleted.
74. In Paragraph 33 (1), the words "land and buildings (real estate)" shall be replaced by the words "property listed under" C.I. Land and buildings. "'
75. in Paragraph 33 (2), the words "implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are entities accounting in the double accounting system" are deleted.
76. In Paragraph 33 (3), the words "are amortised under Section 65a of the Commercial Code 'are replaced by the words" must be written down within 5 years at the latest'.
77.In Paragraph 34 (2), the word "liabilities" is replaced by "debts."
78. In Paragraph 34 (4), the word "commitment 'is replaced by" debt'.
79. In Paragraph 35 (2), the word "liabilities' is replaced by" debts' and the words "and debts' are inserted after the words" advances'.
80. In Paragraph 35 (3), "liabilities' is replaced by" debts'.
81. in Article 35 (4), the words "the reciprocal calculation of claims and liabilities made under the provisions of the Civil and Commercial Code" shall be replaced by the words "the netting under the Civil Code."
82. In Paragraph 36 (1), (3) and (4), the word "liability" is replaced by "debt."
83.In § 37 (1) and (2), "§ 4 (6)" is replaced by "§ 4 (12)."
84. In Paragraph 39 (8), "liabilities' is replaced by" debts' and "dividends' is replaced by" profit shares'.
85. In Article 41, the words "commercial corporations' shall be added at the end of the text of paragraph 2.
86. In Paragraph 43 (2) (a), "liabilities" is replaced by "debts."
87.In Paragraph 43 (2) (b), "loans" is replaced by "debts, loans."
88. In Paragraph 43 (2) (c), the word "liabilities" is replaced by "debts."
89. In Paragraph 43 (2) (d), the word "liabilities" is replaced by "debts."
(90) footnote 48a is deleted.
91. in Annex 1, asset item C.I. reads:
"I. Land and buildings, of which:
1. Land
2. Construction
(a) operating investment '.
92.In Annex 1, asset items C.II.2. and C.II.4., "loans" is replaced by "loans and loans."
93.In Annex 1, under asset item C.III.5., "loans" is replaced by "loans and loans."
94. In Annex No 1, under asset item F.I., the words "land and buildings (real estate) 'are replaced by the words" property referred to under item "C.I. Land and buildings'.
95. In Annex 1, under the liability item G.III, the words "Loans guaranteed by a bond 'are replaced by the words" Debt securities commitments' and the words "Loans' are replaced by the words" Bonds'.
96. In Annex No 1, under liability item G., at the end of the text, the entry "VII.
97.In Annex 2, item II.2.b) aa, the word "(real estate) 'is deleted.
99. in Annex No 2, entry III.3.b (ab), the word "(real estate)" shall be deleted;
99. In Annex 3, the word "(real estate) 'is deleted.
100. In Annex 3, the account group "Damage Guarantee Fund 'is added.
101. In Annex 4, footnote (*), net profit / loss means profit or loss from operations with financial location (investments) listed under heading C.III. 1. ';
Transitional provisions
1. The provisions of Decree No 502 / 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 1 January 2014 and thereafter, unless the following paragraph provides otherwise.
2. An entity that has recognised long-term intangible and tangible assets and stocks in the items set out in Sections 9 (2), 10 (2) and 12 (2) of Decree No 502 / 2002 Coll., as effective until the date of entry into force of this Order, shall report such assets until its disposal in accordance with Sections 9 (2), 10 (2) and 12 (2) of Decree No 502 / 2002 Coll., as effective until the date of entry into force of the Decree.
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. 469 / 2013 Coll., amending Decree No. 502 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are insurance undertakings, 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