Decree No. 518 / 2020 Coll.
Order on the submission of information to the financial services intermediary of the Czech National Bank
Valid
Order
Effective from 01.01.2021
Text versions:
01.01.2021
11.12.2020
518
DECLARATION
of 7 December 2020
on the submission of information to the financial services intermediary of 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 sets out the content, form, time and form of the compilation and presentation of information on the activities of the financial intermediary of the Czech National Bank.
Definition of terms
For the purposes of this decree:
(a) by a structured data set produced by a financial services intermediary designated as a ZFS (CNB) statement 01-01 "Annual activity report of the financial services intermediary,"
(b) an intermediary of financial services, a separate insurance and reinsurance intermediary, an investment intermediary, a separate consumer credit intermediary and a separate supplementary pension savings intermediary.
Statement of financial services intermediary
(1) The financial services intermediary shall compile for each calendar year and submit the report to the Czech National Bank by 31 March of the following year.
(2) The content of the statement is annexed to this decree.
(3) The intermediary of financial services, which is also a bank, a savings and credit cooperative, an insurance undertaking, a reinsurance undertaking, a non-bank consumer credit provider, a payment institution, a payment service provider based on a postal licence, an electronic money institution, an administrator of information on a payment account, a pension company or a securities dealer, shall compile a statement only to the extent of the information referred to in Parts 2 to 5 of the Annex to this Regulation.
(4) The intermediary of financial services, which is a natural person, does not submit in the statement data on its financial situation and the results of its management as set out in Part 1 of the Annex to this Decision.
(5) The financial services intermediary shall convert the data expressed in foreign currency into data expressed in Czech currency at the foreign exchange market rate declared by the Czech National Bank on 31 December of the calendar year to which the statement relates, unless otherwise provided for in the accounting legislation. For data in currencies for which the Czech National Bank does not declare foreign exchange market rates, the financial services intermediary shall use the conversion according to the accounting legislation.
Reporting
(1) The financial services intermediary submits the report to the Czech National Bank in electronic form as a data report in the format and structure of the data files.
(2) The data report referred to in paragraph 1 shall be transmitted by means enabling remote access via the web application or user interface of the Czech National Bank collection system.
(3) The financial services intermediary will inform the Czech National Bank of the name, address of the workplace, telephone number and e-mail address of the contact person. The financial services intermediary shall inform the Czech National Bank of changes without undue delay.
Corrections and changes in accounts
(1) If an error is detected after the submission of the statement to the Czech National Bank, or if an amendment or addition has been made to the data contained therein, the financial services intermediary shall submit the report to the Czech National Bank without undue delay with the revised data.
(2) The corrected statements shall be presented in accordance with Article 4 together with information on the content and the reason for the correction.
Efficacy
This Decision shall enter into force on 1 January 2021.
Governor:
Ing. Rusnok v. r.
Annex to Decree No 518 / 2020 Coll.
Content of the statement of the financial services intermediary
1. "Summary information"
This part of the statement shall include the following:
(a) the total number of employees of the financial services intermediary;
(b) the total number of persons used by the financial services intermediary to seek out financial services candidates, excluding tied agents;
(c) the total number of complaints related to the activities of the financial services intermediary;
(d) data on the financial situation and economic results representing basic accounting information on the structure of assets and liabilities and on the income and results of the management, which are based on the balance sheet and profit and loss account in accordance with 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,
(e) the names of the websites and comparators used by the financial services intermediary in connection with its activities as financial services intermediary;
(f) information on the scope of the activity under Section 4 of the Insurance and Reinsurance Distribution Act (the names of insurance undertakings with which the policy holder has concluded an insurance contract, the number of contracts concluded, the total number of insured, the total amount of premiums written, the number of newly insured, the volume of premiums rewritten); and
(g) information related to measures to prevent the legalisation of proceeds from crime and terrorist financing (number of persons responsible for the field, number of contracts negotiated, number of identified politically exposed persons, number of client identifications, number of suspected transactions reported, number of refusal to conduct a business or establish a business relationship, number of delays in execution of the client's orders).
2. "Separate intermediary under Act No. 170 / 2018 Coll., on Insurance and Reinsurance Distribution"
This part of the statement shall include the following information on the separate insurance and reinsurance intermediary:
(a) the number of employees of a separate insurance and reinsurance intermediary who were directly involved in the distribution of insurance or reinsurance or were responsible for the distribution of insurance or reinsurance;
(b) the number of persons used by a separate insurance and reinsurance intermediary to seek out insurance or reinsurance mediation candidates, excluding tied agents;
(c) the total amount of remuneration for insurance and reinsurance mediation;
(d) the number of brokered insurance contracts for which the means of distance communication has been used only;
(e) the name of the insurer with whom the independent intermediary of insurance and reinsurance had contracted liability insurance in connection with the performance of its business;
(f) whether the individual insurance and reinsurance intermediary was active as an insurance agent or an insurance broker, whether it facilitated reinsurance, either on the territory of the Czech Republic or in the countries of the European Economic Area on the basis of freedom of establishment or on the basis of freedom to provide temporary services, and whether it facilitated insurance in the States of the European Economic Area on the basis of freedom of establishment or on the basis of freedom to provide temporary services,
(g) the names of insurance undertakings or branches of foreign insurance undertakings for which the separate insurance and reinsurance intermediary has facilitated the conclusion of an insurance contract as an insurance agent or an insurance broker, for each insurance undertaking or branch of a foreign insurance undertaking, the number of brokered contracts broken down into life insurance contracts, life insurance contracts without an investment component, travel insurance contracts, car insurance contracts, non-life insurance contracts other than travel insurance or auto insurance, the amount of premiums written broken down into life insurance contracts and non-life insurance contracts and the amount of underwritten premiums broken down into life and non-life insurance contracts;
(h) the names of the reinsurance undertakings and branches of foreign reinsurance undertakings for which the separate insurance and reinsurance intermediary has facilitated the conclusion of a reinsurance contract in the course of domestic business, the number of contracts brokered, the amount of premiums written and the amount of premiums recovered,
(i) the names of the States of the European Economic Area in which the separate insurance and reinsurance intermediary has facilitated the conclusion of an insurance contract in the course of the business of branches, each State shall also be indicated in terms of the number of brokered contracts broken down into life insurance contracts and non-life insurance contracts and the amount of premiums prescribed broken down into life insurance contracts and non-life insurance contracts;
(j) the names of the States of the European Economic Area in which the separate insurance and reinsurance intermediary has facilitated the conclusion of an insurance contract as part of a cross-border activity, the number of brokered contracts broken down by life insurance contracts and non-life insurance contracts and the amount of premiums prescribed, broken down by life insurance contracts and non-life insurance contracts, shall also be indicated for each State;
(k) the names of the States of the European Economic Area in which the separate insurance and reinsurance intermediary has facilitated the conclusion of a reinsurance contract in the context of the activities of branches or cross-border activities, the number of contracts brokered and the amount of total premiums written,
(l) the number of insurance contracts held by a separate insurance and reinsurance intermediary in the management, on the basis of agreements with insurance undertakings (agent activities) and clients (brokerage activities); and
(m) number of complaints relating to insurance and reinsurance mediation (total number of complaints, number of complaints settled within 30 days of receipt, number of complaints settled after 30 days of receipt, number of complaints settled for the benefit of the client).
3. "Investment intermediary under Act No. 256 / 2004 Coll., on Capital Market Business"
This part of the statement shall include the following information on the investment intermediary:
(a) the number of staff employed by the investment intermediary who directly participated in the provision of investment services or were responsible for the provision of investment services;
(b) the number of persons used by the investment intermediary to search for interested parties to provide investment services, excluding tied agents;
(c) the total amount of remuneration for the provision of investment services;
(d) the number of intermediate investment contracts which have been concluded solely by means of distance communication;
(e) the name of the insurer with which the investment intermediary has contracted liability insurance in connection with the performance of its business;
(f) the names of the financial institutions for which the investment intermediary has facilitated the conclusion of an investment contract or for which it has transmitted an order, the number of intermediate contracts broken down by type of contract (agency, management, other), the number of purchase instructions transmitted, the number of sales instructions transmitted and the volume of purchase instructions transmitted by type of investment (one-off and periodic),
(g) the number of brokered contracts broken down by type of investment instrument that is subject to an obligation under the contract (collective investment securities, bonds and mortgage bonds, without distinction between type of investment instruments);
(h) the volume of orders submitted for purchase broken down by type of investment instrument;
(i) the number of orders received for purchase and sale broken down by way of receiving the order (telephone, e-mail, internet, personal, post office, courier, other means); and
(j) the number of complaints relating to the provision of investment services (total number of complaints, number of complaints settled within 30 days of receipt, number of complaints settled after 30 days of receipt, number of complaints settled for the benefit of the client).
4. "Separate intermediary under Act No. 427 / 2011 Coll., on Supplementary Pension Savings"
This part of the statement shall include the following data on the separate supplementary pension savings intermediary:
(a) the number of staff employed by a separate supplementary pension savings intermediary who directly participated in the mediation of supplementary pension savings or were responsible for the mediation of supplementary pension savings;
(b) the number of persons used by a separate supplementary pension savings intermediary to find candidates for the mediation of supplementary pension savings, excluding tied agents;
(c) the total amount of remuneration for brokering supplementary pension savings;
(d) the number of brokered supplementary pension savings contracts, the conclusion of which was exclusively used by means of distance communication;
(e) the name of the insurer with whom the separate supplementary pension savings intermediary had contracted liability insurance in connection with the performance of its business;
(f) the names of the pension companies for which a separate supplementary pension savings intermediary has facilitated the conclusion of a supplementary pension savings contract, the number of brokered contracts and the volume of customer contributions for each pension company, and
(g) number of complaints relating to the mediation of supplementary pension savings (total number of complaints, number of complaints settled within 30 days of receipt, number of complaints settled after 30 days of receipt, number of complaints settled for the benefit of the client).
5. "Separate intermediary under Act No. 257 / 2016 Coll., on Consumer Credit"
This part of the statement shall contain the following information on the individual consumer credit intermediary:
(a) the number of employees of a single consumer credit intermediary who were directly involved in the intermediary of a consumer credit or were responsible for the intermediary of supplementary pension savings;
(b) the number of persons used by a separate consumer credit intermediary to seek out the consumer credit intermediaries, excluding tied agents;
(c) the total amount of remuneration for the mediation of consumer credit;
(d) the number of intermediary consumer credit agreements for which a means of distance communication has been used exclusively;
(e) the name of the insurer with whom the consumer credit intermediary had an agreed liability insurance in connection with the performance of its business;
(f) the names of financial institutions for which a separate consumer credit intermediary has facilitated the conclusion of a consumer credit agreement in the territory of the Czech Republic, for each institution the number of intermediate contracts broken down by type of consumer credit (housing loans without building savings, building savings loans and non-housing loans) and the volume of intermediary consumer credit broken down by type of consumer credit (housing loans without building savings, building savings loans and non-housing consumer loans),
(g) the names of the States of the European Economic Area in which a separate consumer credit intermediary has facilitated the conclusion of a consumer credit agreement for housing, the number of brokered contracts and the volume of brokered consumer loans for housing shall be indicated for each State; and
(h) the number of complaints relating to the mediation of consumer credit (total number of complaints, number of complaints settled within 30 days of receipt, number of complaints settled after 30 days of receipt, number of complaints settled for the benefit of the client).
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Regulation Information
| Citation | Decree No. 518 / 2020 Coll., on the submission of information to the financial services intermediary of the Czech National Bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Finance
The regulation text is for informational purposes only.
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