Decree No. 93 / 2007 Coll.
Decree on the information obligations of the pension fund for supervisory purposes of the Czech National Bank
Valid
Order
Effective from 01.05.2007
93
DECLARATION
of 19 April 2007
on the information obligations of the pension fund for supervisory purposes of the Czech National Bank
The Czech National Bank provides pursuant to § 41 paragraph 4 of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 442 / 2000 Coll., Act No. 127 / 2002 Coll. and Act No. 57 / 2006 Coll., ("the Act '):
Preliminary provisions
(1) This decree sets out the content, form, dates and method of compiling and submitting information to the Czech National Bank by pension fund.
(2) Pension Fund provides the Czech National Bank
(a) in the specified form, the date and manner and the content of the specified information:
1. the management of the pension fund;
2. the pension fund funds received and paid,
3. the location and amount of the pension fund funds;
4. services received; and
(b) in the form laid down, the date and manner of the annual report, in accordance with the special accounting legislation (1).
Definition of terms
For the purposes of this decree:
(a) a structured data set created by the pension fund,
b) data collection with pre-defined data structures, which are described and accessible as a whole in the information system of the Czech National Bank.
Information on the management of the pension fund
(1) The Pension Fund informs of the management by the PEF (CNB) report 10-02 "Balance sheet of the Pension Fund for supervisory purposes" with the code of the Associated Data File ROPES10 and the PEF (CNB) statement 20-02 "Statement of profit and loss of the Pension Fund" with the code of the Associated Data File VYPES20.
(2) The content of the management statement of the PEF (CNB) 10-02 "Balance sheet of the pension fund for supervisory purposes" with the code of the Associated Data File ROPES10 is set out in Annex 1 to this Decree.
(3) The content of the management statement of the PEF (CNB) 20- 02 "Profit and loss account of the pension fund" with the code of the VYPES20 data file is set out in Annex 2 to this decree.
(4) The statement referred to in paragraph 2 shall be drawn up by the pension fund on a semi-annual basis, each on the last day of the half-year. The statement referred to in paragraph 3 shall be drawn up by the pension fund on a semi-annual basis from the beginning of the year to the end of the half-year.
(5) The statements referred to in paragraph 1 shall be submitted by the pension fund by the end of the second month following the end of the half-year to which they relate.
Information on pension fund funds received and paid
(1) The Pension Fund shall inform the amount and structure of the pension fund received and paid by the PEF (CNB) by means of a statement of 31-02 "Specifications of received and paid funds" with the code of the DOPES31 data file. The content of the statement is set out in Annex 3 to this decree.
(2) The statement referred to in paragraph 1 shall be drawn up by the pension fund on a semi-annual basis from the beginning of the year to the end of the half-year.
(3) The statement referred to in paragraph 1 shall be submitted by the pension fund by the end of the second month following the end of the half-year to which it relates.
Information on the location of pension fund funds
(1) The Pension Fund informs about the location of its funds and their amount by providing a PEF (CNB) statement of 34-04 "Quarterly status report of the Pension Fund portfolio" with the DOPES34 ID code. The content of the statement is set out in Annex 4 to this decree.
(2) The statement referred to in paragraph 1 shall be drawn up by the pension fund on a quarterly basis, on the last day of that quarter.
(3) The statement referred to in paragraph 1 shall be submitted by the pension fund by the end of the month following the end of the quarter to which it relates.
Information on services received
(1) The Pension Fund informs about received services with the PEF (CNB) statement 33-02 "Specifications of services provided to the Pension Fund" with the code of the Associated Data File DOPES33. The content of the statement is set out in Annex 5 to this decree.
(2) The statement referred to in paragraph 1 shall be drawn up by the pension fund on a semi-annual basis from the beginning of the year to the end of the half-year.
(3) The statement referred to in paragraph 1 shall be submitted by the pension fund by the end of the second month following the end of the half-year to which it relates.
Method of submitting information through an automated data collection system
(1) The Pension Fund provides the Czech National Bank with reports pursuant to § 3 to 6 in electronic form through the application of the Czech National Bank for the collection of data from non-bank entities (hereinafter the "Data Collection Application"), which is available in a way that allows remote access.
(2) The pension fund shall submit the statements referred to in paragraph 1 in the form of data reports established in the data collection application.
(3) The data reports referred to in paragraph 2 shall be submitted by the pension fund bearing the guaranteed electronic signature of the m2) by the persons authorised under Article 9.
Corrections to incorrect and incomplete statements
If the pension fund subsequently finds that the data of the previously transmitted statement are incorrect or incomplete, the corrected statement and, if necessary, the related statements shall be submitted to the Czech National Bank without undue delay in a manner specified to fulfil the information requirement and shall inform the Czech National Bank of the content and reasons for the corrections.
Authorised persons
(1) The pension fund will notify the Czech National Bank
(a) the names and surnames of at least two persons entrusted with the pension fund for the preparation, creation, approval or submission of data reports to the Czech National Bank (hereinafter referred to as "authorised persons"),
(b) the address of the workplace, telephone and fax numbers and e-mail addresses of the authorised persons and details of the qualified certificates issued (3);
(c) identification of the required roles of authorised persons in the data collection application.
(2) The Czech National Bank will assign the mandates of the pension fund a role in the data collection application to enable them to carry out activities corresponding to the scope of their mandate.
(3) In the event of a change in the data relating to entrusted persons, the pension fund
(a) inform the Czech National Bank of changes to the data referred to in paragraph 1 (a) and (b); or
(b) adjust the data referred to in paragraph 1 in the data collection application.
Method of sending the annual report
The Annual Report pursuant to the Special Legislation on Accountancy (1) sends the Czech National Bank the pension fund in paper form and in electronic form provided for by the Special Legislation (4), either by e-mail to the e-mail address of the e-mailroom with a clear identification of the information obligation or on the CD-R data carrier, by the end of the 7 month following the end of the period to which they relate.
Transitional provision
The data reports transmitted pursuant to Section 7 of this Order may be provided, instead of electronic signature, by 31 December 2007 only with the security code of the authorised person, expressing the consent of that person to the data in the submitted statement, provided that the Czech National Bank provided the security code to that person before the effective date of that decree.
Efficacy
This Decree shall take effect on 1 May 2007.
Governor:
Doc. Ing. Tůma, CSc.
Příloha č. 1
Annex No 1 to Decree No 93 / 2007 Coll.
Content of the statement
"Balance sheet of the pension fund for supervisory purposes"
1. The PEF (CNB) report 10-02 "Balance sheet of the pension fund for supervisory purposes" with the code of the Associated Data File ROPES10 contains data according to a separate accounting regulation. The statement shall include items of assets and other assets, liabilities and other liabilities.
2. Part 1 "Balance sheet assets" includes total assets and their analytically broken-down components - cash, claims on banks and non-banks broken down by maturity, debt securities issued by general government, debt securities issued by other entities, shares, units and other shares, holdings with substantial and decisive influence, long-term intangible and tangible assets and their components, other assets, claims on subscribed capital and future expenses and income.
3. Part 2 "Balance sheet liabilities" includes total liabilities and their analytically broken-down components - liabilities vis-à-vis banks and non-banks, other liabilities, income and accrued expenses, reserves including their components, subordinated liabilities, core capital broken down into paid-up capital and own shares, issue accounts, reserves and other profit-making funds, reserves for revaluations, equity funds, valuation differences, retained earnings or unpaid losses from previous periods, profit or loss for financial years.
4. Part 3 "Balance sheet asset specification" includes the specification of the balance sheet assets broken down into bonds issued by the State of the Organisation for Economic Cooperation and Development (OECD) or its Central Bank, bonds issued by the Czech Republic, treasury bonds issued by the Czech Republic, government bonds of the Czech Republic, bonds traded on regulated markets, shares traded on the regulated market of the OECD country, deposits (including accounts, deposit books) and other assets.
Příloha č. 2
Annex No 2 to Decree No 93 / 2007 Coll.
Content of the statement
"Income and loss account of a pension fund"
The PEF (CNB) statement 20-02 "Statement of profit and loss of the pension fund 'with the code of the Associated Data File VYPES20 contains data according to a separate accounting regulation. The statement shall include items of cost and income and profit and loss of management which are broken down by type of securities, cost of interest and similar income, cost of interest and similar costs, income from shares and shares broken down by participation, income from fees and commissions, profit or loss on financial assets, other operating income and expenses, administrative costs, in particular the cost of employees, including components of such costs, other administrative costs, dissolution of provisions and adjustments for the making up and use of other provisions, depreciation, depreciation and use of provisions and provisions on claims and guarantees, dissolution of the operative and material items of revenue from the transfer of holdings with decisive and material effects, loss of interests, loss of interests of interests, production and income from past due, production and use of other provisions, depreciation and use of other provisions, depreciation, depreciation, depreciation and use of claims, and of provisions and provisions relating to claims and guarantees for loss of income, and income, and income on income from property, and income, and income, and income, and income, and income, in particular, in the statement of the statement.
Příloha č. 3
Annex No 3 to Decree No 93 / 2007 Coll.
Content of the statement
"Specifications of appropriations received and disbursed'
1. The PEF (CNB) statement 31-02 "Specifications of received and paid funds" with the DOPES31 Identity File code contains the values of received and paid funds of the pension fund for the reference period including the contributions received and the revenue credited and the funds paid according to the structure of benefits.
2. The appropriations received and the assigned revenue shall include contributions received during the reference period, broken down into participants' own contributions, including subscriptions, contributions paid by the employer, contributions by other persons for the benefit of the participants, State contributions, unidentified payments and contributions credited to participants and other funds and funds transferred from other pension funds.
3. The benefits paid according to the structure of the benefits are old-age, survivors', pension and invalidity pensions, inheritance, lump-sum compensation, funds transferred to other pension funds, the State contribution reimbursed, supplementary payments already completed, participants' contributions returned and other funds paid.
4. Part 1. "Number of cases of paid and transferred funds' includes data on the number of beneficiaries of the old-age, survivors', pension and invalidity pension at the end of the reference period, the number of inheritance cases, one-off compensation, the payment of sales and transfers to other funds, the number of repayments and surpluses of the State contribution, the number of repayments of participants' contributions and the number of other disbursements.
(5) Part 2 "Average appropriations received" shall contain data on the average amount of the participant's monthly contribution, the participant's own contribution, the employer's contribution, the third party's contribution to the participant and the State's contribution.
Příloha č. 4
Annex No 4 to Decree No 93 / 2007 Coll.
Content of the statement
"Quarterly status report of the pension fund portfolio"
The PEF (CNB) statement 34-04 "Quarterly Statement on the status of the pension fund portfolio 'with the DOPES34 Associated Data File code includes the identification of investment instruments and other assets that constitute the pension fund portfolio on the last day of the reference period, including quantitative data relating to the asset or its issuer, and including information on the relevant provisions of Act No. 42 / 1994 Coll., on the supplementary pension scheme with a State contribution and on changes to certain laws related to its implementation that permit the acquisition of such an asset.
Příloha č. 5
Annex No 5 to Decree No 93 / 2007 Coll.
Content of the statement
"Specifications of services provided to the pension fund"
The PEF (CNB) statement 33-02 "Specifications of the services provided to the pension fund 'with the DOPES33 ID code contains data concerning the services provided to the pension fund, in particular the costs of fees, commissions and other management costs of the fund.
1) Act No. 563 / 1991 Coll., on Accounting, as amended.
2) § 2 (b) of Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment and addition of certain other laws (Act on Electronic Signature), as amended by Act No. 440 / 2004 Coll.
3) § 2 (l) of Act No. 227 / 2000 Coll.
4) 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 (the order on the digitisation of the commercial register).
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Regulation Information
| Citation | Decree No. 93 / 2007 Coll., on the information obligations of the pension fund for supervision of the Czech National Bank |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2007 |
|---|---|
| Effective from | 01.05.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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