163/2014 Sb.
The DECREE
of 30 March 2004. July 2014
about the performance of the activities of banks, credit unions and dealers
securities
The Czech National Bank provides under section 8b, paragraph. 7, § 8, paragraph. 3, section 10a
paragraph. 3, § 11a paragraph. 6, section 11B(2). 7, section 12a paragraph. 4, Section 12d of the paragraph. 6, §
12 paragraph. 6, section 13 (3). 2, section 14, paragraph. 3, § 15 paragraph. 2, section 22, paragraph. 2, §
24 paragraph. 1 and 2 of Act No. 21/1992 Coll., on banks, as amended by Act No.
120/2007 Coll. and Act No. 135/2014 Sb, under section 7a of the paragraph. 7, § 7ab paragraph.
3, § 7ad paragraph. 3, § 7b, paragraph. paragraph 10, section 8aa. 6, § 8aj paragraph. 6, § 8b
paragraph. 1, § 11 (1). 2, § 27, paragraph. 1 of Act No 87/1995 Coll., on
savings and credit cooperatives and some of the measures with the
related and the Czech National Council Act No. 586/1992 Coll., on the
income taxes, as amended by later regulations, as amended by Act No.
120/2007 Coll., Act No. 227/2013 Coll. and Act No. 135/2014 Sb, and according to the
§ 199, paragraph. 2 to implement section 9aa of paragraph 1. 6, § 9aj paragraph. 6, section 12f (c). and)
(b)), and (d)), section 12 g of paragraph 1. 3, § paragraph 12i. 3, § 16. paragraph 5, section 16a. 10, §
paragraph 16B. 2 and § 32 paragraph. 8 of Act No. 256/2004 Coll., on business
the capital market, as amended by Act No. 120/2007 Coll., Act No. 230/2008
Coll. and Act No. 135/2014:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This Decree incorporates the European Union regulation ^ 1), at the same time
follows on directly applicable European Union ^ 2)
and) the requirements for the management and control system,
(b) the content of the message authentication) management and control system, a way to
structure and periodicity of its processing and the deadline for its submission,
(c) protection and) rules for risk reduction,
(d) the disclosure of information)
(e)) some of the information and documents submitted by the Czech National Bank.
Personal scope
§ 2
This Decree shall apply to the Bank, a savings and credit cooperative,
Merchant securities, an investment broker and branch
banks from other than the Member State.
§ 3
Bank and savings and credit cooperative is not covered by part three, title
I and part of a fourth title I and V.
§ 4
(1) A securities dealer under section 8a, paragraph. 1, 2 and 3 of the law on
business on the capital market are not subject to part two, title II, part of the
the third title I, part four and annex No. 3 to 6 of this Ordinance.
(2) A securities dealer under section 8a, paragraph. 4 and 7 of the law on
business on the capital market are subject to section 8, to 51, with the exception of attachments
No. 3 to 6 of this Ordinance, and section 94.
§ 5
(1) On the investment provider subject to section 9, section 10, paragraph 1. 1, §
11. 2 and 3, section 12, 13, 16 and 17, § 18 paragraph. 1, sections 20 and 21, § 23 paragraph.
1 and 5, § 24, 26, 46, 48 and 51.
(2) The investment provider, who is a natural person and
provides investment services solely in person, this Ordinance applies
to the extent that this provider
and in written form) lays down the principles and procedures referred to in section 10, paragraph 1.
1, § 11 (1). 2 and 3, § 12 and 21, and section 23, paragraph. 5,
(b)) in the written form, records of the principles and procedures for the purposes of
ongoing security checks on compliance with the obligations and the exercise of the activity in
accordance with section 13, 16 and 17, § 18 paragraph. 1, section 20, section 23, paragraph. 1, § 24, 26,
46, 48 and 51, and
(c) monitoring the performance of the activity) and compliance with the obligations, the principles and
working procedures under letters) and (b)).
§ 6
The branch of the Bank from a non-Member State shall be subject to section 52 to 62, §
71 to 74, 76, 78, 91, 92, 95, 98, 100 and 103, section 107 to 110, § 112 up
section 116 and 118.
section 7 of the
Definition of terms
(1) For the purposes of this Ordinance means
net cash flow) and the difference between inflows and outflows of cash
resources,
(b)), an ECAI credit assessment by an external rating agency referred to in article
4 (4). 1, point 98 regulation of the European Parliament and of the Council (EU) No.
575/13 of 26 February. June 2013 on prudential requirements for
credit institutions and investment firms, and on the amendment of Regulation (EU) No.
648/2012 (hereinafter referred to as "the regulation"),
(c) a summary of the staffing function,) the technical, organizational, and other
the assumptions defined in order to ensure the exercise of certain activities or
file operations required of the person,
(d) information and communication system) functional unit, ensuring the
the acquisition, processing, transmission, storage and sharing of information in the
any form, including a system of internal and external communication of compulsory
of the person,
e) institutions in accordance with article 4, paragraph 1 of the institution. 1 section 3 of the regulation,
(f) internal access)
1. internal ratings-based approach in accordance with article 143, paragraph. 1
Regulation,
2. the approach based on internal models in accordance with article 221 of the regulation,
3. approach based on their own estimates in accordance with article 225 of the regulation,
4. advanced measurement approaches in accordance with article 312, paragraph. 2 of the regulation,
5. the internal model method under articles 283 and 363 the regulation, or
6. the method of the internal evaluation referred to in article 259, paragraph. 3 of the regulation,
g) capital capital in accordance with article 4, paragraph 4. 1 point 118 of regulation,
h) capital the capital instrument instrument referred to in article 4, paragraph 4. 1 point
119 of regulation,
I) client depositor, borrower, the savings and credit cooperatives,
customer securities trader and customer investment
providers, and other persons in a similar position against mandatory person
including those, which in the future could be in one of the listed
the position,
(j)) a key feature of the function identified by the person required to
the basis of the evaluation of the importance of that function as a key for the activity
mandatory of the person,
collateral used to) thing to ensure the exposure,
l) consolidated the basis for a consolidated basis in accordance with article 4, paragraph 4. 1
section 48 of the regulation,
m) the control authority, of the Audit Commission, the Supervisory Board, the Administrative Board in
control the scope of performance or other authority with a similar control
scope, depending on the legal form of a person, that is.
(2) For the purposes of this Ordinance means
and qualified participation of qualified participation) in accordance with article 4, paragraph 4. 1
section 36 of the regulation,
(b) liquidity position) expected net cash flow within the framework laid down by the
time zones,
(c) indirect capital investment) indirect capital investments by
Article 4, paragraph 4. 1, point 114 of the regulation,
(d) the role of a member of the authority), who in person has not provided the required
powerful control function
e) trading books business portfolio in accordance with article 4, paragraph 4. 1 point
86, regulation
(f)), cash and reward pay non-cash benefits and other income of the worker,
g) operating risk operational risk in accordance with article 4, paragraph 4. 1, point 52
Regulation,
h) authority other than the general meeting or meeting of members, in
Depending on the legal form of a person, which,
I) by a person of the financial sector financial sector body referred to in article 4
paragraph. 1 section 27 of the regulation,
(j)) at the height of the person, the person who takes the leadership in obligatory person
powerful control function, which ensures the everyday performance management
activities required of the person and in the exercise of this function, directly subordinated to the
authority required of a person or his Member, and even in the event that such
the function takes the authority of the person required
to the controlling person) the parent undertaking in accordance with article 4, paragraph 4. 1 point 15
Regulation,
l) control check in accordance with article 4, paragraph 4. 1, point 37 of regulation,
m) controlled the subsidiary undertaking in accordance with article 4, paragraph 4. 1 point 16
of the regulation.
(3) For the purposes of this Ordinance means
and lever a lever) in accordance with article 4, paragraph 4. 1, point 93, regulation
(b) a branch of the Bank from another) than the Member State of the branch of a foreign bank
established in another Member State than that awarded by the Czech National Bank
a licence under the Act on banks,
(c) compulsory Bank, person), savings and credit cooperative,
securities, investment broker,
(d)) the worker a person who is required by a person with the basic
employment or similar relationship, or any other person, if it is a member of the
the authority or Committee required a person
(e)) the originator of the originator in accordance with article 4, paragraph 4. 1 section 13 of the regulation,
f) regulated market regulated market in accordance with article 4, paragraph 4. 1, point 92
Regulation,
g) restructuring forced restructuring, pursuant to article 178, paragraph. 3
(a). (d)), the regulation
h) risk model, the potential loss that may required a person
arise in particular as a result of a decision taken on the basis of the results of the
internally used models due to errors in the development, implementation or
the use of these models,
I) risk excessive leverage the risk of excessive leverage in accordance with article 4, paragraph 4. 1
section 94 of the regulation,
(j)), the managing authority's Board of Directors, the Managing Director, the Administrative Board shall, in the performance
the management scope or other authority with a similar design, in
Depending on the legal form of a person, which,
The securitisation of securitisation) in accordance with article 4, paragraph 4. 1, point 61 of the regulation,
l) securitisation unit for special purpose securitisation
for special purpose in accordance with article 4, paragraph 4. 1, point 66 of the regulation
m) sekuritizovanou exposure to the securitised positions referred to in article 4, paragraph 4.
1, point 62 of regulation.
(4) For the purposes of this Ordinance means
and the failure of the debtor by failure) Article 178 of the regulation,
(b)), the sponsor of the sponsor in accordance with article 4, paragraph 4. 1 section 14 of the regulation,
(c)) subkonsolidovaným the basis subkonsolidovaný basis in accordance with article 4
paragraph. 1 section 49 of the regulation,
(d) capital investment) synthetic synthetic equity investment
in accordance with article 4, paragraph 4. 1 point 126 of the regulation,
(e) the relevant person) system in accordance with article 4, paragraph 4. 1, point 29,
the person referred to in article 4, paragraph 4. 1, point 31 of the regulation, a person referred to in article 4
paragraph. 1, point 32 regulation or institutions whose failure or bad
operation could lead to the creation of systemic risk,
(f)), the risk of disturbing the continuity of the systemic risk to the financial system with
the possible serious negative effects on the financial system and the real
the economy,
g) a central counterparty central counterparty in accordance with article 4, paragraph 4. 1
section 34 of the regulation,
h) service of the person or group of people responsible for the performance of certain activities
required persons, including organs and committees required a person
I) close links close links in accordance with article 4, paragraph 4. 1, point 38
Regulation,
j) recognised stock exchange recognised in accordance with article 4, paragraph 4. 1 point 72 of the regulation,
the head of the authority of the governing body) and the inspection body,
l) internal regulation statutes, organizational rules, statutes, and other plans
internally fixed principles, rules, procedures, and internal management acts,
m) Executive Member of the body that the person holds in compulsory by the Executive
control function
n special pension benefits) special pension benefits referred to in article
4 (4). 1, point 73 of the regulation.
PART THE SECOND
THE MANAGEMENT AND CONTROL SYSTEM
TITLE I OF THE
REQUIREMENTS FOR THE MANAGEMENT AND CONTROL SYSTEM
[To section 8b 7, § 8, paragraph 3 and Article 10a, paragraph 3, of the Act on banks, Section 7a
paragraph. 7, § 7ab paragraph. 3 and § 7ad paragraph. 3 of the law on credit unions
cooperatives and section 12f (c). and), b) and (d)) and § 32 paragraph. 8 (a). and the law)
business capital market]
Part 1
Prerequisites for the proper management and control of
The basic requirements for the exercise of the activities of the
§ 8
Required, the person shall ensure that the management and control system is a comprehensive and
It covers all its activities throughout the period of activity compulsory
the person on the financial market. In relation to persons in the consolidation
not included into prudential consolidation applies this requirement
mutatis mutandis.
§ 9
Required the person meets the requirements set out in the management and control system
and its components ^ 3) with regard to its size, its business model,
its complexity and associated risks, organizational arrangements, the nature,
the scope and complexity of the activities, which performs or intends to perform.
Taking account of the evolution of the environment in which it operates, including the development in
governance and management.
§ 10
(1) the person shall ensure that the requirements set out in the management and control
the system and its components, and the procedures required of a person to meet them and when
the performance of other activities are reflected in the internal rules, the mandatory
of the person and of the consolidated Group. Required the person to be
the adoption, modification and application of the internal rules.
(2) for the purposes of the performance, provided the proper management and control through the
the application of the proper procedures required the person chooses, enter into the internal
legislation and apply it in their chosen activities recognized and proven
the principles and procedures issued by reputable publishers and used in
the activities of a similar nature (hereinafter referred to as "recognized standard").
(3) for the purposes of the performance, provided the proper management and control through the
the application of the proper procedures required the person always
and when their activities) observes and reflects the internal regulations
1. legal obligations and
2. General guidelines the European supervisory authority (European authority for
banking) ^ 4), the European supervisory authority (European authority for
Securities and markets) ^ 5), the European supervisory authority (European institution
for the insurance and occupational pensions) ^ 6), Common
the Committee of European supervisory authorities ^ 7) and of the European Council for system
the risk, unless their particular provision was in conflict with the
the requirements of legislation or allow the circumvention of their purpose, and
(b)) shall take account of the information published by the Czech National Bank in
Journal of the Czech National Bank, with the fact that when determining accepted
standards referred to in paragraph 2 required the person account
1. Overview of selected recognized standards and selected accepted
publishers and
2. comparative standards, whose contents are the expectations of the Czech national
the Bank in compliance with the requirements of this Ordinance.
(4) the projection of the standards referred to in paragraph 3 (b). (b)) in the internal
rules and their application required by the person is deemed to be the performance of
the provisions of paragraph 2. This does not affect the right of individuals to choose and to mandatory
internal regulations to reflect other recognized standards; their contents
or use, however, may not be in conflict with the requirements of legislation or
bypassing their purpose.
(5) the person regularly examines whether internal rules and
selected recognized standards are current and consistent with the other
the requirements of this Ordinance and other legislation.
(6) the person shall ensure that the rules are part of the internal regulations
for
and registration of complaints and complaints) clients, their handling and
monitoring of the measures taken and
(b) internal staff reports) a breach or imminent breach of
the requirements laid down by this Decree, law, this Decree
shall, by regulation or other relevant regulations including internal,
as well as the rules for the communication of particular concern on
the functionality and effectiveness of the management and control system, or some
its components, outside the normal flow of information.
§ 11
(1) the person shall ensure that the authority of the Committee, and their members, as well as
and the activity carried out by them comply with the requirements under section 13 to 19 and more
the requirements laid down by this Decree them or by law, that this
the Decree shall, by regulation or other relevant regulations including the
internal.
(2) the person shall ensure that all approval and decision-making
processes, as well as control and other relevant activities, including
the related responsibilities and powers and internal rules can be
the tracing and reconstruct, including scope and powers,
the composition and functioning of the organs and committees required people and competencies,
the powers and activities of their members. To ensure the security of this requirement
use retention system, which required a person shall establish and
maintains.
(3) the person shall ensure that the balance of competencies Required in the approval,
the decision-making and control activities and avoiding undue influence
a single person or a small group of people on these processes; This also applies in the context of the
the consolidation unit.
§ 12
(1) If an activity which would otherwise engaged, or could
to carry out the required person, alone, shall perform the required person through
another person (hereinafter referred to as "outsourcing") is without prejudice to the responsibility of the
mandatory of the person.
(2) the person shall ensure that, in the context of outsourcing
and this is not limited to) the compliance of the activities to be performed with the appropriate
the legislation, the possibility of their checks required by the person filling
information obligations towards the Czech National Bank, performance monitoring, including
checks if any of the facts which are subject to supervision by the provider
outsourcing, the audit of the financial statements and other validation
provided for in other legislation ^ 8),
(b)) is not compromised, efficiency and adequacy of the proper consistency of the assumptions
governance, risk management and internal control, including compliance with
legal obligations, in particular the rules of prudent business,
(c)) shall not affect the legal relations required the person with the client and the
(d)) are provided for the following activities to be performed, checking rules
required by a person, including any checks on the facts relating to the
the activities of the outsourcing provider.
(3) the person enters into a contract governing the outsourcing
that allows you to capture its content, accountability and
law enforcement, as well as keeping quality.
Bodies and committees
section 13
(1) the Supervisory Authority shall supervise whether the management and control system is effective,
a comprehensive and reasonable, and insights from this activity at least once a year
evaluates. In the framework of the implementation of this obligation is also regularly
matters concerning the strategic direction, management and
the results of the activities required of the person and the streamlining of the risks to which it is or would
may be required by a person exposed, even in terms of provision
the permanent functioning of the mandatory person in the financial market in accordance with
the subject and plan its activities.
(2) the supervisory authority shall supervise and continuously assures the fulfillment of approved
strategies, including risk management strategies, the integrity of the accounting systems
and financial reporting, including the reliability of financial and operational
checks on compliance with the legal obligations and the relevant standards
liable person, the adequacy of its system of communication and
disclosure of information and overall functionality and effectiveness of the management and
the control system.
(3) in carrying out their supervisory powers, the control authority
critically and constructively participate in an appropriate manner, in particular, on the
and evaluation of strategic and financial) management,
(b)) the evaluation of the risk management
(c)) the evaluation of the
1. in accordance with the regulations of the internal rules,
2. consistency of the internal rules and
3. in accordance with the laws and internal regulations
(hereinafter referred to as "compliance") and
d) routing, planning and evaluation activities of the internal audit.
(4) the inspection authority within its jurisdiction shall decide on the appropriate
measures to remedy any identified deficiencies.
(5) in the performance of those activities to the supervisory authority in the field of control and
control system, which creates a conflict of interest (the Executive members
"the special control of the supervisory authority"), required a person
ensure the hearing of the case and the decision on it without the presence of Executive
Members; in this case, a decision taken by a majority of non-executive
Members considered the decision of the authority. Specific monitoring activities
the supervisory authority are always activities referred to in section 14.
§ 14
(1) the supervisory authority shall be assessed in an appropriate manner the activities of the members of the management
authority. In assessing the activities of the members of the Steering Body and the possible
Search the new members of the supervisory authority takes into account sufficiently
a wide range of features and capabilities and also apply the principles
supporting efficient and reasonable diversity in the overall composition of the
the steering body.
(2) the inspection authority in advance on the proposal on physical credentials
or legal persons, ensuring the performance of the risk management function, the function
compliance and internal audit functions, or on her appeal. Control
authority shall be assessed in an appropriate manner the activities of these persons. Without the consent of the
the control body of the person of these functions cannot be appealed. In the event that the
the performance function is involved more people, expresses the control authority
only the credentials or the appeal of a person concerned in the management of
function.
(3) the supervisory authority shall lay down in particular the principles of the remuneration of persons to which
the credentials of the leadership function is expressed in advance in accordance with paragraph 2, and the members of the
the management of the authority, unless this is not in the competence of the general meeting or the Member
the meeting.
(4) a supervisory authority assesses the total remuneration system. For a more detailed
definition of certain requirements for remuneration mentioned in annex No. 1.
of this order.
§ 15
(1) a person shall adopt measures that lead to ensure that the
control authority as a whole and its members have for the exercise of their activities,
appropriate expertise, time, and other assumptions and pay them the appropriate and
sufficient capacity. Part of the appropriate conditions for the exercise of the activities of the
the control of the institution as a whole is a sufficient degree of independence in
performance of their duties. These requirements shall apply mutatis mutandis to the Committee
the supervisory authority and its members.
(2) If required, the person shall on its own decision, or on the basis of
Act or other legal regulation Committee of the supervisory authority,
clearly define its scope and powers, composition, manner of negotiations
and decision-making and the inclusion of the Committee into the organisational arrangements and
information flows required of the person. The activities of the Committee focus on helping
support the activities of the supervisory authority. The responsibility of the audit authority
You cannot pass on his Committee, unless another law provides otherwise.
(3) If a mandatory person establish a Committee or committees of the supervisory authority,
apply the requirements laid down in this decree or other legal
law on the composition and activity of a specific Committee of the supervisory authority
by analogy to its supervisory authority and its members, and such activities
the supervisory authority shall be regarded as specific control activities
the inspection authority.
(4) for a more detailed definition of certain requirements for activities and committees
the supervisory authority referred to in annex 2 of this order.
(5) for the purposes of setting up committees for nomination, for the risks and for
the remuneration shall be considered as mandatory for the relevant position of the person, if the share of
mandatory of the person on the total balance outstanding of all required of persons on the
the market reaches or exceeds 5%.
(6) a person who is not referred to in paragraph 5 is considered significant,
can merge the risk Committee and the audit committee ^ 9) with the fact that on
the merged Committee shall apply mutatis mutandis the requirements set out for each Committee
separately.
section 16 of the
The managing authority shall ensure that the creation of a coherent and adequate management and
control system and systematic maintenance of functional and
efficiency in its whole and parts, including
and implementation of the strategies laid down) the principles and objectives and day-to-day management
the performance of the activities required of the person,
(b)), to ensure compliance with the management and control system by
the legislation, in particular the compliance with the legal obligations and the relevant
standards required by the person; part of this requirement is to ensure
activities with professional care,
c) set up and maintain the management and control system, so that
ensure the adequacy of information and communication in the performance of activities required
persons, in particular the introduction and maintenance of a functional and effective system
acquisition, use, and retention of information, including internal and
external communication and disclosure of information required by the person,
(d) establishing and maintaining functional) and an effective organization
the arrangement, including the segregation of incompatible functions and preventing the emergence of
potential conflict of interest,
e) exclusion of the relevant and of sufficient capacity for the performance of activities
mandatory of the person, in particular in the following areas:
1. the management of significant risks,
2. capital and liquidity management, financial management, management accounting,
pricing and activities directly related to those activities,
3. use of external ratings and
4. internal models used for risk management and internal models
associated with these activities, including internal validation and reviews
These models,
f) ensure the integrity of accounting systems and financial reporting,
g) ensure the reliability of financial and operational controls and
h) ensure a smooth performance of the activities and the permanent functioning of the mandatory
the person on the financial market, in accordance with the subject and plan its activities.
§ 17
(1) the managing authority shall ensure that the determination of the overall strategy, in particular
sufficiently specific principles and objectives of its fulfilment, and elaborations,
establishing and maintaining procedures for filling set out strategy.
(2) the managing authority shall ensure that the rules, which clearly
formulate the ethical and professional principles and models of behavior and
meeting of workers in accordance with these principles and rules, and their
the promotion, application and enforcement.
(3) the managing authority shall ensure that the principles of human resources management,
in particular, the principles for the selection, remuneration, evaluation and motivating workers
in accordance with the approved overall pay system, and their
establishing and maintaining. It is also part of the policy, the requirement that all
activities, including the activities of the authorities and of the committees, if they are established, and their
Members, persons in the top leadership and people in key positions they have worked
qualified personnel with relevant knowledge and experience and to
the scope and nature of the activities of persons, which required the person secures the performance of
its activities, does not impede the proper performance of the individual activities of these
persons.
(4) the managing authority shall ensure that they are established, maintained and applied
and the credibility of) the requirements for knowledge and experience of the persons that
secures the performance of its activities, including the members of the institutions and committees,
(b) the total requirements) the knowledge and experience of the persons constituting the authority or
the Committee, persons in the top leadership and people in key positions and the
(c) the scope and requirements)
1. demonstrating the required knowledge and experience and trust,
2. examination of lasting trust and
3. examination of whether the knowledge and experience of the persons, which required a person
secures the performance of their activities, are still current and reasonable
the nature, scope and complexity of the activities.
(5) the managing authority shall ensure that the required person consistently applies the proper
management, administrative, financial and other procedures. The managing authority shall ensure that the
that all staff are familiar with the relevant internal rules and
respect means your job is, in the management and control system and actively
This system laid down by the way involved; to the security of this
the request also serve to influence corporate culture the negotiation management
the authority and its members and the internal communications system required the person.
(6) the managing authority shall ensure that such systems are applied and the procedures
the proceedings, which
and ensure its compliance with) strategies, policies, objectives and procedures, and
(b) in order to avoid undesirable), or phenomena, which are
in particular, the
1. the preference for short-term results and objectives, which are not in accordance
with the implementation of the overall strategy,
2. the remuneration system, which is disproportionately dependent on the short
performance, and
3. other procedures that do not support the functionality and effectiveness of performance
activities, allow you to exploit the resources or covering up deficiencies or other
inappropriate behaviour including circumvention of the purpose of the legislation.
section 18
(1) the governing body approved and regularly evaluates the
and the overall strategy)
(b)), the organisation of
(c)) the strategy of human resources management, including policy support
diversity in the overall composition of the institutions required the person taking account of
a sufficiently broad range of features and capabilities of members of the institutions required
persons, including the proposed, in their search and examination,
(d)) of the risk management strategy, including risks arising from
the macroeconomic environment in which the person operates, and mandatory even in
Depending on the economic cycle, and including
1. acceptance of risks required by the person, and
2. the recognition, evaluation, measurement, monitoring, reporting and
reducing the occurrence or impact of the occurrence of the risks to which it is or may be
required the person exposed,
e) strategy related to capital and capital ratios,
f) development strategy information and communication system that
the key elements of this system are
1. the information and their flows, including the disclosure of information required
person and internal and external reporting required person, and
2. information technology and technology including recording techniques and
technologies,
(g)) the principles of internal control system in the always the policy for
1. preventing the emergence of a potential conflict of interests,
2. compliance and
3. the internal audit and
h) safety policy, including the security policy for the information and
communication system.
(2) the management authority approves and evaluates regularly, as part of the
strategic decisions referred to in paragraph 1,
and the system of limits, including total) an accepted risk level and potential
internally set capital, liquidity and other prudential
reserves or surcharges (hereinafter referred to as "prudential reserve or margin"),
that person will be required to use for risk reduction in the context of her
an accepted risk level,
(b) an accepted level of risk) and other limits for risk
credit, market, operational, concentration, excessive leverage and liquidity,
including requirements on the structure of assets, debt and off-balance sheet items,
unless the governing body has delegated this authority, without prejudice to the
his responsibility, in part or in full to its designated Executive
the Committee or the Executive Committees, the Commission or the other services of the management authority
of a similar nature (hereinafter referred to as "Executive Committee"),
(c) definition and system policy) internal cost allocation and internal prices,
zohledňovaného required by the person in the context of the risk management system and the system
internal capital, if this is relevant,
(d) definition and access policy) required the person to the use of outsourcing,
(e)) the definition and principles of access required a person to perform operations with persons
engaged in the activity or providing services similar to the Bank,
which is not supervised,
(f) the definition and principles of access) required the person to operations in which it is
or could be directly or indirectly involved under-
transparent or otherwise potentially risk counterparty or
geographical area, including offshore centres; the obligations laid down
mandatory person in the area of the prevention of the legalization of proceeds from crime
activities and the fight against terrorism and are not affected by
(g)) the definition and principles of access required a person to the nonstandard operations,
in particular, such that are unique and unusual and are not normally
implemented or other providers of financial services; as
non-standard operations can also specify operations required the person referred to in points
e) and (f)).
(3) the governing body approved
and new products, activities) and systems and other matters with
the required person of fundamental importance or another possible impact, unless the
the control authority has delegated that competence, without prejudice to its
responsibility, in part or in full to its designated Executive Committee
or executive committees,
(b) the status and function of the subject), risk management, the compliance function and the function
the internal audit and the personnel and technical support for their performance and
(c) strategic plan) and periodic internal audit.
(4) the governing body oversees the implementation of approved strategies, policies and
the objectives required of a person and other activities, in particular the activities of the persons in the high
leadership. The managing authority in good time and is sufficiently regular reports and evaluates the
the extraordinary findings, which are reported to him by persons in the high
leadership, in the performance of the functions of risk management, the compliance function and the function
the internal audit, the supervisory body, committees, if they are established,
Auditor ^ 11) or by the competent supervisory authorities or from other sources. On
the basis of this evaluation takes appropriate measures and ensure their
implementation without undue delay.
(5) the management authority is regularly with persons in the top leadership of the
matters relating to the management and control system.
(6) the management authority at every major change in the situation required a person
at least once a year, evaluates the overall functioning and efficiency of the
the management and control system, and shall ensure that the appropriate steps to remedy as follows
any identified deficiencies.
§ 19
(1) a person shall adopt measures that lead to ensure that the control
the authority as a whole and its members have for the exercise of their activities, the appropriate
training, time and other assumptions and pay them the appropriate and
sufficient capacity. Similarly, the following requirements apply to the Executive Committee
and its members.
(2) If required, the person shall on its own decision, or on the basis of
Act or any other Act of the Executive Committee, clearly define the
its terms of reference, powers, composition, manner of negotiations and decision-making
the inclusion of the Executive Committee to the Organization and arrangement of information
flows person required. The activities of the Executive Committee shall focus on helping
support the activities of the management authority. The responsibility of the managing authority cannot be
delegate to the Committee, unless another law provides otherwise.
(3) If a mandatory person Executive Committee shall establish the requirements
laid down in this decree or other legislation on the composition and
a specific activity of the Executive Committee of the steering body by analogy to its
the managing authority and its members.
The performance of the activities of the Organization
section 20
(1) the person shall ensure that the organizational arrangements and internal
the rules that govern it, sets out clearly and fully the scope and
powers, the main flow of information and links
and the institutions, committees,) if they are established, their members and other
the staff and the services required of the person and in the framework of the consolidation unit for
the purpose of prudential requirements; required, the person shall also ensure that the
the arrangement of the performance of certain activities within the consolidated Group
in the form of their centralization or a similar form, including the application of
Group models
1. does not interfere with the proper performance of the legal and contractual obligations required of the person,
2. restrict information unduly required persons and
3. will not compromise the other significant assumptions the performance activity in accordance with the
the rules of prudent business, including providing adequate
understanding the following organized activities and corresponding options
influencing their performance required by a person.
(2) the person establishes the working individual departments and persons
enabling effective communication and cooperation at all levels and
providing functional, effective and prudent management and the performance of other
activities, including the activities of the decision-making and control, and the way
neohrožujícím proper, honest and professional obligations.
(3) the person shall define their key features with the fact that the relevance of the peace
membership in the authority of the Committee, or the top management required a person
rank. A specific function or functions required of the person, including
the key, can provide, in part, or in full, usually
(I) a person other than the worker.
(4) a person shall establish internal information flows towards the head of the institution
so, to clearly cover all significant management risks have been
accordance with the principles required for risk management and its
^ 10) arranging and adequately take account of the changes in the risk profile of the
mandatory of the person or of its organizing principles and risk management.
section 21
(1) the person shall ensure that the institutions and committees, where they are established,
their members and other staff and services on all of the management and
organizational levels defined the scope and powers of the so that it
enough to avoid the emergence of potential conflict of interest.
(2) a person identifies areas where there is a possibility of
conflicts of interest, including the potential conflicts between the interests of the people and clients required,
within the Group of which the person is a member, is mandatory in the representation and
outsourcing.
(3) the person shall ensure that the procedures for the exercise of activities are
so, in order to reduce the possibility of conflict of interest. Required the person on
ensure that the area of conflicts of interests and areas of possible occurrence of are
also the subject of ongoing independent monitoring internal audit or
other comparable way.
(4) the person provides workers the obligation to inform her
specified way without undue delay of the Tokugawa or imminent
conflict of interests, in particular when such conflict involves or could involve
the worker himself.
(5) a person shall ensure appropriate independence of the performance of the internal
due to the nature of the checks, the subject and the importance of control and prevention
conflict of interest in arranging for all the control mechanisms including the
control of risk management, and compliance. As part of the implementation of the request referred to in
the first sentence is mandatory, the person shall ensure that the
and workers in internal control) functions are independent of the
departments that control, and
(b)), the duties of risk management and performance compliance function are mutually
separated, unless such an arrangement would be disproportionate to the nature, scope
and complexity of the activities required of the person.
(6) the performance of the internal audit is independent of other activities required
persons, as well as on the performance of other control functions required of a person. The performance of the
internal audit is incompatible with membership in the authority, the mandatory
of the person; This also applies to a person close to the Member of the authority, the mandatory of the person.
section 22
(1) the person shall ensure that, regardless of the activities in which direct
as a result it is required the person exposed to credit or market risk (hereinafter
"commercial activity"), is carried out
and) approval of systems and methods for valuation of collateral
(b) the valuation of collateral)
(c) the valuation of transactions agreed on) financial markets,
d) settlement and compliance data (hereinafter referred to as "rekonciliace")
negotiated transactions on financial markets,
e) release of funds provided
(f)) for risk management limits approval of credit, market, liquidity,
concentration and excessive leverage,
(g)) the approval value and other methods, systems and models
used for risk management,
h) risk management of credit, market, liquidity, concentration and excessive
lever including checking compliance with the limits
I) creating quantitative and qualitative information about the risk
credit, market, liquidity, concentration and excessive leverage, the reported
people in the top management and the head of the authority and the
j) measurement and monitoring the liquidity position and its reporting of persons in the
top executives and the head of the institution.
(2) the person shall ensure that until the level of the members of the steering body of the Department of
scope and powers in the area of management of business activities from
scope and powers in the area of risk management of credit, market,
liquidity, concentration and excessive leverage and settlement and transaction reconciliation
negotiated transactions on the financial markets.
(3) development of an information and communication system is provided separately
from its operation and management of the system is carried out separately from the evaluation
security audit records, checks the allocation of access
rights and drawing up and updating of the security regulations for the
the system.
(4) if the arrangement referred to in paragraphs 2 and 3 in some of his
parts appropriate to the nature, scale and complexity of the activities required of the person,
can a person apply other appropriate mandatory arrangement, provided that the
There is no conflict of interests.
Information and communication
section 23
(1) the person shall ensure that the competent authorities, including the control,
committees, if they are established, their members and other professionals and services
they have for their decision making and further specified the activities available
information that is timely, reliable and comprehensive.
(2) the person shall ensure that the management authority within a reasonable time
informed of the
and all the facts that) could significantly affect the
the financial situation of the mandatory of the person, including the effects of changes in the internal or external
environment, and
(b)) of all překročeních the limits affecting compliance with the accepted rate
credit, market, and other significant risks incurred, including
concentration risk, excessive leverage and liquidity; in cases where the
the liquidity situation significantly adversely changing the control authority is informed
without undue delay.
(3) the person shall ensure that the head of the institution shall determine the nature, scope, format
and the periodicity of the information requested and it is regularly informed
at least on the
and compliance with the requirements laid down by) the laws and internal
provisions, including an overall assessment of whether the internal regulations and
standards chosen and used by a person in accordance with the compulsory section 10, paragraph 1. 2 are
the current and appropriate to the nature, scale and complexity of the activities required
persons, and including the identified significant differences in the procedures required of the person
to the requirements laid down by the legislation and internal regulations,
(b)) compliance with the rules for large exposures and risk concentration,
(c) credit risk to the extent podstupovaného), market, operating and excessive
lever and the liquidity situation,
d) overall risk profile, which means the overall level
incurred risks taking into account the influence of the mechanisms of internal
checks,
e) capital ratios and
(f)), the size and types of development assets in the load always on
1. level, trends and the types of asset and resource load load assets,
and it's broken down at least on repo transactions, loans of securities within the meaning of
^ Regulation 11) and other transactions,
2. quantity trends and credit quality of the unencumbered, but
loadable assets including the quantification of the volume of assets available for
load, and
3. quantity, trends and the types of additional load assets on the basis of the
taking into account the results of the stress tests, including the information as
stressful scenario.
(4) the person shall ensure that it has and uses information
and the progress and the results of the performance) of the activities required of the person,
(b) a comparison of the extent of the risk) podstupovaného with internal limits and with the requirements of
laid down by the legislation or the competent supervisory authority,
(c) the results of the analyses are important for) ensuring consistency and proportionality
the prerequisites of good governance and management, risk management and internal control
including compliance with the prudential rules, including the results of
analysis of the effects of the economic and market environment for the operation of mandatory
persons, analysis of its assets, debt and off-balance sheet items and analysis
its loan portfolio,
(d) the results of the stress tests)
(e)) the comparison of previous estimates rates of podstupovaného the risk is real
the results of the (testing), if required, the person uses methods
using or based on the estimate of the extent of the risk,
(f) the results of measurements) of liquidity on a daily basis, within the stipulated time
zones in each of the major currencies and collectively for all currencies and
(g) a comparison of the actual development of liquidity) with an appropriate scenario and limits
for liquidity risk management.
(5) a person Required
and) lays down the conditions of access of staff to information and communication
systems and data recorded in them, the scope of the rights and
the process of their establishment, including the method of deciding the scope of the
the rights of individual workers and their
the changes,
(b)) provides a way to ensure and the conditions under which they will be in the
information and communication systems store data associated with the
carried out the trades and services provided and carried out their
vacation adjustment conditions for the management of the data and ensure easy
quantification of their original content and the adjustments made, and the
(c)) provides the protection of information and communication systems
access and interference by unauthorized persons and against damage and
the ability to recover certain information even in the event that the damage to the
has occurred.
section 24
(1) the person shall ensure sufficient transparency in the management and
control system and proper disclosure of information about the system and the
its key components.
(2) a person publishes information about their current situation and the
foreseeable developments in a timely, affordable, adequate and balanced,
including the provision of a true and complete picture of her assumed
risks and their extent.
(3) the information required of a person for clients, including marketing communications,
are objective, clear, reasonable and not misleading.
§ 25
Required the person shall ensure that, in connection with the offering and provision of credit in the
informing clients about the foreign currency
and) risks associated with the loans granted in foreign currency in this
the extent that it was sufficient for an informed and prudent
decision making, including informing the client about the severe impact of the possible
the significant depreciation of the domestic currency or increase in foreign interest
extent on the amount of foreign currency loan repayment, and
(b) the existence of mandatory menu) of a person, in respect of
1. loans of the same nature in the domestic currency and the
2. financial instruments providing the client with a hedge against monetary
the risk.
section 26
(1) the person shall ensure that the system for the creation, control and
transmission of information to the Czech National Bank and other competent authorities is
created and maintained to provide information in a timely manner, currently,
reliably, and seamlessly.
(2) the person shall ensure that they are implemented and maintained mechanisms
internal controls to ensure the completeness and accuracy of all calculations,
the information, statements and other information on the individual and consolidated
the basis provided by the Czech National Bank and other competent authorities
regularly or on request.
(3) the person shall ensure that the procedures for creating and
the provision of data of the Czech National Bank and other competent authorities,
including reporting, are reverse traceable and
rekonstruovatelné even within the consolidated entity established for the purpose of
prudential requirements.
(4) the person shall keep the data required for monitoring compliance with the
limits and other rules laid down in this decree or regulation
for at least five years, unless otherwise specified; This is true even after the demise of the
permissions required of a person for the performance of activities in the financial market, as well as
for the successor to the mandatory of the person.
Part 2
Risk management system
The basic requirements for the risk management system
section 27 of the
(1) a person Required
and) will ensure that the management and control system is set up so that it allows the
systematic risk management
(b)) shall establish and maintain a risk management system so that it provides non-distorted
picture of the extent of the risks incurred,
(c)) shall ensure that the process of recognition of the risks is ensured for all activities
and on all of the management and organizational levels and allows the detection of
new, unidentified risks and
(d)) in the risk management takes into account all significant risks and risk
factors, which is or may be exposed, taking into account the nature of the
the scale and complexity of the activities. Risk management in its whole and parts
It takes into account internal and external factors, including consideration of the future
business strategy mandatory of the person, the effects of the economic environment and the cycle
and the environmental impact of the regulatory environment. Risk management takes into account the quantitative
and qualitative aspects of risk management options, and the real costs and
the proceeds resulting from risk management.
section 28
Mandatory person takes and maintains
and strategy and procedures for) the recognition, evaluation, measurement,
monitoring, reporting and control of the occurrence or impact the occurrence of risks
(b)) a system of limits used in risk management, including the procedures and
information flow when crossing intermediate levels or an accepted rate
risk or when any of the prudential reserves or surcharges
under their internally fixed level or regulatory limits,
(c)) the principle of control mechanisms and risk management activities, including
control of compliance with the established procedures and limits for risk management,
internal validation and reviews of models used in risk management,
authentication of the outputs of the assessment and measurement of risks and verification of effectiveness
measures taken to reduce the occurrence of a mandatory person or impacts
the occurrence of the risks, and
(d)) risk management function.
section 29
(1) the person shall ensure the systematic and effective performance of the functions of risk management.
(2) the person shall ensure that the person in the management of the risk management function is
by a person independent of other persons in the top leadership, with clearly
defined responsibilities and powers in the area of risk management required
of the person. If such an arrangement would not exercise the function of risk management
appropriate to the nature, scale and complexity of the activities required of the person, may
the performance of the risk management function to provide other appropriate and technically competent
sufficiently experienced worker, provided that there is no conflict of
interests.
(3) the person shall ensure that the level of independence risk management function on
other departments, the definition of the scope and powers of the business
inclusion, status and the resources allocated for its performance are adequate
the nature, scope and complexity of the activities, which required the person performs
or intends to carry out.
(4) the person shall ensure that the risk management function is introduced and
maintained so that will ensure the identification, evaluation, measurement,
monitoring, reporting and control of the occurrence or impact of the occurrence of the risks and
appropriate information on all significant risks and actively
participates in the preparation of the risk management strategy required the person and on all
important decisions in the field of risk management.
(5) a person shall establish and maintain a risk management function, so that
consistently provide a comprehensive and complete information about each of the
the risks, their mutual relations and the overall extent of the risks
mandatory of the person.
(6) the person shall ensure that the person in the management of the risk management function has
access to the head of the institution. If this person comes to the conclusion
that a certain risk is evolving in a manner that has or could have
an adverse effect on the required person, if necessary, shall submit reports on the
their concerns, including the reasons and the control authority,
independently of the control authority and the persons in the top leadership. In the case of
the findings, which may significantly affect the financial
the situation required the person to person in the leadership functions of the risk management initiative to
extraordinary meetings of the supervisory authority, which may be made of the
the decision of this body or to persons in the leadership of reasonably design features
risk management as a specific control activities of the supervisory authority.
The responsibility of the head of the institution is not affected.
section 30
(1) a person has a risk management strategy that is appropriate to the nature,
the range and complexity of its activities. Mandatory person shall draw up a specific
procedures for the implementation of this strategy.
(2) the risk management strategy set out in particular
and) internal definition (definition) the risks to which it is or may be required
a person is exposed to, including the definition of their key components,
(b) the principles for the assessment and) determining the significance for the purposes of risk management
required by the person,
(c) the individual risk management policy), including a system of appropriate time
Horizons for their management, in that the credit risk, the market always,
operating, liquidity, concentration and excessive leverage,
(d) methods for risk management), including stress testing, in that always
credit, market, operational, liquidity, concentration and
excessive leverage,
(e) the accepted level of risk), credit risk, the market always,
operating, liquidity, concentration and excessive leverage,
(f)) policy for the Assembly and adjustments to the contingency plans, including the
the contingency plan in the event of a crisis of liquidity and
(g) the policy for a definition of permitted) products, currencies, countries, geographical
areas, markets and counterparties.
(3) the person shall ensure that workers whose activity has an impact on
risk management strategies are familiar with the necessary
the extent and shall act in conformity with this strategy and the resulting
procedures and limits, including an accepted risk level and prudential
reserves or price increases.
(4) the person shall ensure that the
and the procedures used to monitor), the measurement and the streamlining of the individual
risks, including limits and prudential reserves or incidentals are comprehensive
and linked,
(b)) a system of limits and other measures for the management of individual risks
takes account of other risks and regulatory limits and is in accordance with the
business model and overall strategy required the person and market
the terms and conditions
(c)) applicable thresholds and procedures effectively avoiding overruns
the regulatory limits and mandatory person accepted risk level overall
even for individual risks.
(5) the person shall ensure that the risk management strategy and any procedures
and limits, including an accepted risk level and prudential reserves or
increases relating to risk management are regularly, especially when each
a significant change in the relevant facts, at least once a year,
evaluated and possibly edited.
section 31
Mandatory person controls the consistently
and credit risk, market), operational, liquidity, concentration and excessive
lever,
(b)) other significant risks or risk component, which is or may be
exposed, particularly the risk of reputation risk, strategic risk,
the sources of capital and financing, the risk associated with participation in
consolidation, including the risks of operations with members of the same consolidation
a whole, the risk associated with the management of reinsurance and load assets, risk
market infrastructure, the risk of non-standard operations, risk operations, in
which is or might be involved non-transparent or otherwise
potentially risk counterparty or the geographical area, the risk of operations
persons providing financial services like Bank, over which the
It is not supervised, risk operations, in which it is involved, other than
Member State, the risk of the impact of the regulatory environment, the risk impact
the political environment, the risk of infection and the risk of the system, except for the
the required person out of this risk into account, or not significant, and
(c) overall out of risk.)
§ 32
(1) a person holding a person in a group of mixed loads and maintains
procedures that allow it to adequately monitor the operations that
has negotiated with the mixed-activity holding person, a member of the group required
the person is, or with a person controlled by the mixed-activity holding a person
(hereinafter referred to as "operation within the group"). Special attention is paid to
major operations within the group.
(2) operations within a group are considered to be significant, if the
an individual basis 5% from 8% of total risk exposure
in accordance with article 92, paragraph. 3 regulation operations within the Group
of the same nature, negotiated with the same counterparty and in the same currency,
considered as one operation.
section 33
(1) the person provides the capital or other suitable cover for risks,
which is or may be exposed.
(2) policies and procedures for risk management, and for ensuring their protection
are integrated and linked.
(3) Mandatory person in the risk management and ensuring their coverage with caution
It takes into account the factors that influence the results of the evaluation or measurement of the
assumed risks, including the effects of
and) making adjustments and other adjustments for the valuation of assets and the creation of
provisions for off-balance sheet items,
(b) the use of own estimates) and models,
(c) mainstreaming of the results of the tests), in particular the interest rate shock test and other
stress tests
(d)), taking into account use of derivatives and other hedging techniques
reducing the risk and
(e) consideration of the effects of the layout).
(4) If the total rate of out risk or risk incurred
not even taking into account the influence of the mechanisms of internal control reasonably
covers, mandatory person in a timely manner, adopt appropriate and effective corrective measures.
More detailed requirements on the control of selected risks
§ 34
(1) Mandatory person recognizes and manages the risks associated with new or
non-standard products, operations, services and other activities, markets,
client segments, geographic areas, counterparties, distribution
sites and channels, market infrastructure, technologies, internal models
and systems, including the risks associated with their integration into existing
the activities and structures of the mandatory of the person.
(2) the person Required
and shall specify when) as to the case referred to in paragraph 1,
(b)) shall define the scope and powers,
(c)) shall ensure that the case referred to in paragraph 1 is scanned before the introduction of the
adequate inspection and approval procedures in the interests of a resolution of its
risk and inclusion in the risk management process, in accordance with the principle of
of significance.
(3) the person provides the essentials, which contains a proposal for the case
in accordance with paragraph 1. The proposal includes at least
and the description of the case) referred to in paragraph 1, including the description of accounting, tax and
legal aspects and possible needs the consent of the competent authority
supervision,
(b) an analysis of the expected impact of the introduction) to the required person and its control
and control system,
(c) the introduction of the procedure, design)
d) risk analysis, including proposals to their management; the proposed measures
required the person subsequently incorporated in the risk management system,
(e) the identification of the human, technical), and other sources that need to be
set aside on the proper management of security risks in accordance with the results of the
risk analysis,
f) valuation techniques
(g) the definition or list of suggested) counterparties and
h) ways of settlement of transactions.
(4) the facts referred to in paragraph 3 (b). (f)), g) or (h)), the proposal contains
only if this is the case referred to in paragraph 1.
(5) for the purpose of effective prevention and reduction of risks associated with
the case referred to in paragraph 1 required the person
and shall be deemed for the purposes of) risk management as a separate case under paragraph
1 in particular, each group of stores or services that have a common
the characteristics and risks of the distinctive characteristics and the risk is from another
She proposed, offered or provided by trade or services,
(b) for a separate case individually) in accordance with paragraph 1 in the manner specified by the
According to subparagraph (a)) applies specifically differences, in terms of principles,
the procedures, methods and tools for risk management, and
(c)) prohibits its staff to negotiate
1. transactions with non-approved cases referred to in paragraph 1,
2. the transaction, which would be based on an analysis of their economic
merits, the financial situation of the counterparty, the possible adverse
the implications for the required person or other recognized risk factors
the transactions were not commonly performed with other persons, and
3. the transaction, which would have led to the breaching internal limits or not
in accordance with the requirements laid down by the legislation, the Czech national
the Bank or other competent supervisory authority.
(6) the obligations referred to in paragraphs 1 to 5 shall apply mutatis mutandis to changes in
the cases referred to in paragraph 1.
section 35
(1) the person shall ensure that the
and) lending is based on reliable and clearly
set out the criteria and is clearly set out the procedure for the approval,
additions, alterations, renovation and the refinancing of loans,
(b)) through effective systems is provided ongoing management and
the monitoring of the various portfolios and exposures, with which it is associated to the credit
the risk, including the identification and management of problematic exposures and
the provision of the corresponding adjustments in the valuation, in particular the provisions items
in the balance sheet assets and off-balance sheet reserves for items, and
(c) diversification of the portfolios) credit risk takes into account the total
credit strategy including target markets.
(2) in direct dependence on the scale, nature and complexity of its activities
mandatory person thoroughly consider the creation of an internal evaluation tools
credit risk and increasing the rate of application of the approach based on the
the IRB approach for the calculation of capital requirements for credit risk,
in particular, if the exposure of a person required significant in absolute scale
and also has a large number of counterparties. Compliance with the requirements
laid down for the use of the internal ratings-based approach is not
This requirement of prejudice.
section 36
Required a person
and) through documented policies and procedures and
checks if the effect of the eligible credit reduction techniques
the risk of lower than expected, and
(b) the suitability and reliability) to ensure the principles and procedures for the management of
the residual risk associated with the use of eligible reduction techniques
credit risk and the accuracy of their application.
§ 37
(1) If a person is required by the investor, the originator or sponsor
securitization, evaluates and directs through adequate policy
and procedures for risk securitization including reputačního risk; in doing so, always
assess reputation risk in relation to the complicated structures or
products and ensure that the economic substance of the transaction is fully reflected
in the risk assessment and decision-making processes.
(2) If the person is required, the originator of the securitisation of revolving exposures
with the option of early repayment, provides liquidity plans for
the expected situation, so for the case of early repayment.
(3) a person is capable of at the request of the Czech National Bank to demonstrate her
to what extent is the capital maintained against the assets, sekuritizovala,
appropriate given the economic substance of the transaction, including
achieved the degree of transfer of risks.
(4) the person shall ensure that the achievement of the expected transfer of risks is not
reduced by the provision of a non-contractual support.
section 38
(1) a person shall establish and maintain policies and procedures for the management of the extent
market risk including evaluation or measurement of all its important
resources and impacts. Mandatory person takes and keeps the market management system
the risk of the trading book in accordance with the requirements referred to in articles 102 to
106 of regulation and control system of interest rate, currency, equity and
commodity risk investment portfolio. If the short position due
before long the position required the person shall take measures against
the risk of lack of liquidity.
(2) a person performs stress testing the impact of sudden and unexpected
changes in interest rates on the investment portfolio of the measurement of the impact of the interest rate
the shock value of the capital.
(3) the person shall ensure that measuring and documenting the impact of the interest rate shock
the capital of at least once every 3 months, separately for each currency with
at least 5% of the value of the assets and debts of the investment portfolio and
aggregate manner for the rest of the currency of the investment portfolio, the method
a parallel shift in the yield curve of 200 basis points in both directions; in
the case of a significant increase in the volatility of interest rates changes required
a person performs a calibration offset values of the yield curve. The lowest
the permissible value of the interest rate is 0%. Interest rate shock is counted only from the
low-sensitive items, which cannot be admitted. Mandatory
a person who does not have the obligation to establish the capital requirements for monetary
the risk, as does not exceed the threshold of significance under Article 351
Regulation, the interest rate shock for foreign currency might not count.
(4) in the case where the total impact of the interest rate shock could cause a decline in
the economic value of required persons of more than 20% of the capital, the mandatory
the person shall take the corrective measures without delay; the economic value of the compulsory
person for these purposes means the present value of the expected future
the net cash flows. Of the measures required, the person shall inform the
without undue delay, the Czech National Bank.
(5) having regard to the nature and size of the podstupovaného interest rate risk
mandatory person in managing the interest rate risk of the investment portfolio
used, where appropriate, alternative scenarios of the development of the yield stress
the curve, such as the development of the inverse, or changes the shape of the yield curve,
also uses a scenario set by the Czech National Bank itself.
(6) a person who, in the calculation of the capital requirements for position
the risk referred to in part III, title IV, Chapter 2 of regulation for their
positions in one or more of the shares that make up the stock index, compared to one
or more of the positions in the stock index futures or other product
the stock index takes into account the basic risk of loss caused by
the value of the futures or other product not moving fully in line with the
the value of the individual shares of the index is made up of, in strategies
and procedures for the internal capital ^ 12) required of a person. In these
strategies and procedures to take into account also the basic risk of existing
in the case when a person opposite the mandatory holding positions in futures on stock
indexes that are not identical to maturity, composition, or both.
section 39
(1) the person shall take into account the strategies and procedures for internally
capital risk of loss which exists in the case of the procedure referred to in
article 345 regulation at the time of the creation of the first debt in the following
the day's work.
(2) in direct dependence on the scale, nature and complexity of its activities
mandatory person thoroughly consider the creation of an internal evaluation tools
the specific risks and setting capital requirements for specific
the interest rate risk of the debt instruments in the trading book the internal
the model, along with the use of an internal model for the calculation of the requirements on
capital to cover the risk of failure and migration, especially if the exposure
required persons against specific risk significant in absolute scale and
It has a large number of important positions in the debt instruments of different
issuers. Fulfilment of the requirements laid down for the use of internal models
for setting capital requirements for market risk and the specific
the risk is not affected by this request.
section 40
(1) a person shall establish and maintain policies and procedures for the assessment and
influence of podstupovaného rate of operational risk, including risk models
and including the taking into account of a few major events frequently. Required a person
establishes what constitutes operational risk for the purposes of these policies and procedures,
without prejudice to this, the definition of operational risk in accordance with article 4
paragraph. 1, point 52 of the regulation.
(2) a person creates and maintains contingency plans, which
means plans for emergency situations, including emergency and crisis
situations and for reconstruction activities, to ensure the skills required of a person
continuously carry out activities and for capping losses in the event of a significant
disturbance activities.
§ 41
(1) a person shall establish and maintain
and) policies and procedures for ongoing and prospective measurement and management
liquidity position,
(b)) scenarios for liquidity risk management,
1. the standard scenario for liquidity risk management, which means
file internal assumptions, in particular, the assumption of the development of the structure of the
assets, debt and off-balance sheet items, and external assumptions, in particular
the assumption of the development of the interbank market and developments
individual States, on the basis of the required person estimates
the liquidity position during normal activities required of a person, and a summary of the
the subsequent steps required of a person for the purpose of the corresponding cover
the expected cash outflow and
2. alternative scenarios for the management of liquidity risks, including
alternative stress scenarios for liquidity risk management;
alternative stress scenario for liquidity risk management means the
file internal assumptions, in particular, the assumption of the development of the structure of the
assets, debt and off-balance sheet items, and external assumptions, in particular
the assumption of the development of the interbank market and developments
individual States, on the basis of the required person estimates
the liquidity position in stressful situations to varying degrees, and a summary of the
the subsequent steps required of a person for the purpose of the corresponding cover
the expected runoff and
c) contingency plans in case of liquidity crisis.
(2) the person Required
and) has sophisticated enough strategies, policies, procedures and systems to
identification, measurement, management and monitoring of liquidity risk in the proper
the system of time zones, including intraday time zones, so that
ensure that they will maintain adequate liquidity reserve
level. These strategies, policies, procedures and systems are
1. chosen so that they are appropriate to the individual lines
business, currencies, affiliates and legal persons and shall include adequate
allocation mechanisms on the liquidity costs, benefits and risks that
the internal price shall apply the mandatory person on all significant assets, debts and
off-balance sheet items, and
2. the complexity of the activities to be performed, the appropriate risk profile
mandatory of the person and the level of risk accepted by the managing authority and approved
reflect the importance of the mandatory person in any Member State or another State, in the
which carries out its business activity with that of the accepted
risk of liquidity are informed of all the relevant line management
and business,
(b)) shall take into account in the risk management of liquidity of the nature, scale and complexity of the
of its activities, in particular, the structure and scope of the product portfolio,
the system of risk management and the principles of financing, including its possible
concentrations, so that its liquidity risk profile was in the
accordance with the requirements of the appropriate and sufficient management functionality
This risk and avoid crossing the limits laid down,
(c) the methods applied to) identification, measurement, management and monitoring
refinancing of positions, which include current and estimated cash flows from
assets, debt and off-balance sheet items and the possible impact of the risk, reputačního
(d)) makes a distinction between assets and assets subject to nezatíženými, which are
whenever available, especially in a crisis situation. Also to be taken into account
legal person, which has certain rights to the assets of the fact in
which State are legally registered, and to their eligibility. Mandatory
the person also monitors whether the assets may be sold in a timely manner or loaded,
e) takes into account the existing legal, regulatory and operational obstacles
in the event of the transfer of unencumbered assets liquid or between
legal persons, both inside and outside of the European economic
space, and
f) assesses and takes into account the various options used tools
liquidity risk mitigation including the system of limits and liquidity reserves
in order to ensure that its functioning is not affected when a range of different
stress events and an adequately diversified to
the structure of financing and access to sources of financing.
(3) a person Required
and) takes into account the various alternative scenarios including stress for your
liquidity position and liquidity risk mitigation tools and
subjected to periodic review the assumptions on which it is
based decisions about refinancing position with regard to the changing
internal or external conditions, and this review is carried out in each
a significant change in the relevant facts, at least once a year, and
(b)) included in the alternative scenarios, in particular, used off-balance sheet
items and other contingent debt, including off-balance sheet items and
the other contingent debt relating to the securitisation of units for
Special purpose and other legal entities established with special
the purpose to which the person is required in the position of a sponsor or
provides significant liquidity support.
(4) a person Required
and considering the potential impact of alternative) stress scenarios
relating specifically to the required person scenarios relating to the market as a
a whole and combined alternative stress scenarios. In the account are
gateway of the different time zones and different degree of severity of the stressful situations; and
(b)) review and maintains the functionality and effectiveness of its strategies,
policies, procedures, systems, and other mechanisms for risk management
liquidity, including contingency plans, taking into account the results of the
alternative stress scenarios referred to in paragraph 3.
(5) contingency plans in case of liquidity crisis provide for adequate
strategies and proper implementation of measures to tackle the situation arising from
the possible lack of liquidity, even in relation to foreign
branches. These plans are regularly tested, updated by
the results of the alternative stress scenarios and in frequency according to
paragraph 3 (b). and presented to the persons in the top) leadership and
approved by such persons so as to be able to properly adapt
internal procedures. Mandatory person accepts in advance the necessary operational
the measures, to be contingency plans immediately applied. For the mandatory
the person is a bank or savings and úvěrním cooperative, this
operating measures include possession of collateral eligible Central
the Bank; If necessary, this requirement also includes
and possession of the collateral in the currency) of another State in which the person is mandatory
exposed to liquidity risk, and
(b)) if it is necessary from the operating reasons, also holding collateral on
the territory of another State, in whose currency is required the person exposed to the risk of
liquidity.
section 42
(1) a person shall Institute and maintain proper control, administrative and
accounting procedures and adequate internal control mechanisms for the detection and
record of major concentrations, including all large exposures in accordance with
Article 393 of the regulation and its subsequent amendments, in accordance with the requirements of the
Regulation, the Act and this order and to the monitoring and evaluation of all
in cases of significant concentrations and large exposures with regard to internal
the principle of mandatory person in this area.
(2) the principles and procedures for the management of concentration risk include
and) policies and procedures for dealing with the risks arising from the concentration
exposures to persons, economically or otherwise, groups of connected persons or
against persons in the same sector or geographical area, from the concentration
exposures from the same activity or traded commodities or underlying
the assets of the securitised exposures, exposures to central counterparties
collective investment funds or other exposures or from other
significant concentration with the common factor of risk and
(b)) policies and procedures for dealing with risk concentration arising from the
as a result of the use of the credit risk mitigation techniques, especially in the
case of significant indirect exposures, for example to one issuer
securities received as collateral.
§ 43
(1) a person shall establish and maintain policies and procedures for the identification,
the management and monitoring of the risks of excessive leverage. The indicator the risk of excessive leverage
include the leverage ratio determined in accordance with article 429 of the regulation and
a mismatch between the assets and the debts.
(2) the person accesses the control risks excessive lever preventively.
Required the person governed by the risk of excessive leverage, so that she was able to
check the entire range of the different events of crisis, as regards risk
excessive leverage, and sufficiently take into account the possible increase in the risks of excessive
the reduction of capital caused by the lever required persons due to
expected or realized losses, depending on the used
the accounting rules.
§ 44
(1) a person shall establish and maintain policies and procedures for the identification,
monitor and control the risks associated with the management of collateral and the load
assets.
(2) the principles and procedures referred to in paragraph 1
and take into account the business model required) of the person, the geographic distribution of
the relevant activities and assets, the market specifics and macroeconomic
the situation and
(b)) principles for contingency plans to tackle
the additional loads due to stressful events on the basis of the
taking into account the results of testing the impact of the possible, although a few
the likely shocks, including the consequences of a possible decline in guest
the credit quality of the mandatory of the person, the depreciation of collateral and the increase in
backup requirements for trading required a person.
section 45
Another definition of certain requirements for the control of selected risks outlined
for
and credit risk) in annex No. 3 of this order,
(b)) market risk in annex 4 of this order,
(c) liquidity risk) in annex No. 5 of this order,
(d) operational risk) in annex No. 6 of this order and
the risk of outsourcing in e) Annex No. 7 of this Ordinance.
Part 3
The internal control system
The basic requirements for the internal control system
section 46
(1) a person shall establish and maintain the control function and the mechanisms and
the procedures for monitoring the activity on all of the management and organizational
levels. Required, the person shall ensure that the personnel in the internal control
functions have systematically for the exercise of its supervisory responsibilities
the corresponding staffing and other requirements.
(2) the inspection activities are part of the normal, usually daily,
activities required of a person and include, in particular,
and after line management control),
(b) appropriate control mechanisms) for individual processes, in particular
control over the activities and transactions, control of risk management, authentication,
outputs used systems and models, check for compliance with the laws and
internal rules and limits, including evaluating the timeliness,
consistency and completeness of the internal regulations and the limits of control
the management of conflicts of interest, check the reliability of the security measures,
check the approval and authorization of transactions above the limits,
verification of details of transactions, regular transaction reconciliation, and also
the control mechanisms for the activities, which required the person or outsourcuje
intends to outsource, and
(c)) a physical check; physical control focuses on the limitations
access to tangible property, securities and other financial assets and
on the regular inventory of assets.
section 47
(1) the person shall ensure the systematic and effective compliance function and performance
the internal audit function.
(2) the system of internal control includes the mechanisms required for
internal reporting of violations of workers or impending violation of requirements
laid down by this Decree, by law, that this Ordinance is performed,
Regulation or other relevant regulations including internal, including the
mechanisms for communicating the specific concerns of workers regarding the functionality of the
or effectiveness of the management and control system or any of its
the components outside the normal flow of information.
(3) in the framework of the internal control system required a person takes and maintains
internal mechanisms of preventive and subsequent evaluation of the functionality of the
and effectiveness of the management and control system as a whole and its
part of the.
More detailed requirements on the selected internal control functions, mechanisms and
procedures
section 48
(1) a person shall establish and maintain policies and procedures for ensuring
compliance.
(2) the person shall ensure the continuous monitoring of compliance with the legal
the obligations and responsibilities arising from its internal rules.
(3) the person shall ensure that the Required performance, compliance and related control
It is also secure
and informing the persons in the top) the management of any detected
variance and nesouladech,
(b) inform the head of the authority) of significant variance and nesouladech,
(c) informing the persons in the top) executives on upcoming or new
legislation and standards relating to the activities of the
mandatory of the person and
(d) providing other useful information) regarding the compliance manager
authority and the persons in the top leadership.
(4) the principles and procedures for ensuring compliance cover seamlessly and
connecting all the activities required of the person.
section 49
(1) the person shall ensure the performance of the internal audit that covers
seamlessly and connecting all the activities required of the person and focuses on the
detecting deficiencies and risks.
(2) the person shall ensure the performance of the internal audit, that provides
the appropriate level of management objective and independent assurance of activities
mandatory of the person, information about the detected facts and clear recommendations
to remedy any identified deficiencies.
(3) the scope of the internal audit function shall apply in particular to the
and compliance with the prudential rules) required a person
(b) compliance with the policy) objectives and procedures,
(c)) risk management system including internal approaches and internal models and
the internal control system,
(d)) financial management and compliance management,
e) completeness, relevance and accuracy of the accounting,
f) reliability and bezrozpornost of the accounting, statistical and other
information, including information provided by the authorities of the mandatory of the person,
the information provided to clients and to the published information, and
(g)) the functionality and safety of the information and communication system including the
the reliability of the system, compilation and reporting of the Czech national
the Bank.
(4) the person shall ensure that in the performance of the internal audit are
carried out the following activities:
and risk analysis) of the Assembly, and at least once a year,
(b)) and the Assembly of the strategic plan of periodic internal audit,
(c)) the introduction and maintenance of system of monitoring measures to remedy the stored
on the basis of the findings of the internal audit and
(d) the assessment of the functionality and efficiency of) the management and control system
including the areas referred to in paragraph 3, at least once a year.
(5) the person in command of the internal audit function shall inform the
the facts of the managing authority and, if necessary, or to request
the control authority, of the decision of the authority or to reasonably
the design of the person in the management of internal audit functions may be a special
control activities of the supervisory authority. In the case of a finding, which may
meaningful way negatively affect the financial situation of the mandatory of the person,
the person in the management of the initiative of the internal audit functions for the extraordinary meeting of the
the supervisory authority, which may be made of the decision of this body
or on the proposal of the person in the management of probable internal audit functions, such as
specific control activities of the supervisory authority. The responsibility of the head of
authority is not affected.
(6) the definition of certain requirements for internal audit is referred to in
Annex No. 8 of this order.
section 50
(1) a person shall establish a mechanism for reporting on internal staff
a breach or imminent breach of the requirements laid down by this Decree,
by law, that this Ordinance shall, by regulation or other
relevant regulations including internal, including mechanisms for communication
the specific concerns of workers regarding the functionality and effectiveness of the management
and control system or some of its components, outside of the normal information
flows for all workers, ensure the consistent and reliable
the availability of the mechanism and the right to preserve the confidentiality of the sources of information
in the event that the worker will use the mechanism.
(2) the person shall ensure that the appropriate way to report staff
referred to in paragraph 1 and sufficiently transparent monitoring and evaluation
where appropriate, the measures adopted on the basis thereof.
(3) the person shall ensure that, in the event that the worker will use the mechanism
referred to in paragraph 1, the full protection of the worker concerned, in particular
unequal negotiations, reprisals or other unfair
treatment.
section 51
The assessment of the functionality and effectiveness of the management and control system
(1) the person sets the system detecting and reporting deficiencies
management and control system so that it covers and connecting seamlessly
all the management and organizational levels, and all the activities required of the person and
allows the timely correction of deficiencies.
(2) the person shall ensure that the shortcomings of the management and control system
or some of its components exposed by the control authority, after the line
control, within the internal audit or on the basis of other internal control,
Auditor, or in any other way are notified without undue delay
the appropriate management level and dealt with in a reasonable time.
(3) the person shall ensure that the significant weaknesses of the management and
control system or some of its components are notified to the
the head of the institution and to the audit committee and any further relevant
the Committee and dealt with without undue delay.
(4) the Mandatory person in an appropriate manner then verifies the effectiveness of the adopted
corrective measures.
TITLE II
REPORT ON THE VERIFICATION OF THE MANAGEMENT AND CONTROL SYSTEM AUDITOR
(Section 22, paragraph 2, of the law on banks and § 8b (1) of the Act on savings and
credit cooperatives)
section 52
(1) the report is the result of the validation, that meets these requirements:
and the validation was carried out by) State 31. December,
(b)) system has been compared to the laws, regulations and standards in accordance with § 10
as follows:
1. the basic components of the verification system comparison and evaluation
compliance of the system with the requirements of legislation,
2. selected standards pursuant to section 10, that were used to verify the
the system, in the professional judgement of the auditor's best reflect the size,
organizational arrangements, the nature, scale and complexity of the activities, which
mandatory person performs; the auditor may use recognized standards
not included in the list of correct Czech National Bank,
(c)) has been evaluated the functionality and effectiveness of control mechanisms and
specified under internal control mechanisms,
(d)) was expressed as risk weaknesses represented and
represent for the management and control system, and
(e)) was evaluated the functionality and effectiveness of the management and control
the system in the areas concerned as a whole.
(2) a more detailed definition of the structure and format of the report on the verification of the management
and control system is set out in annex 9 of this order.
section 53
(1) a person shall submit to the Czech National Bank report on the verification of the system
by the end of February of the following year, together with any comments required
the person to the message.
(2) the relevant facts that were discovered after the submission of the report
The Czech National Bank and have a substantial relationship to its content, shall notify the
mandatory person without undue delay of the Czech National Bank.
PART THE THIRD
THE RULES FOR THE RISK COVERAGE
TITLE I OF THE
THE RULES FOR CALCULATING THE CAPITAL RATIO OF BANK BRANCH FROM OTHER THAN
THE MEMBER STATE OF
(Section 12a (4) of the law on banks)
§ 54
The capital ratio of bank branch from other than the Member State of
(1) the capital ratio of bank branch from other than a Member State shall be
and capital) at the level of at least 6% tier 1,
(b)) at the level of at least 8% of the capital.
(2) a bank from another Member State than when calculating the
the capital ratio, mutatis mutandis, in accordance with article 92, paragraph. 2 (a). (b)), and (c)) and
articles 102 to 106 of regulation.
section 55
Determination of capital Bank branch from other than the Member State of
(1) The capital of the Bank branch from another Member State than can be included
the individual items of capital only once, and after a decrease of liabilities
tax obligations.
(2) Capital is derived from the balance sheet of the Bank branch other than the Member
State.
(3) capital is a branch of the Bank from other than the Member State immediately and
Unlimited available to cover losses from the risks to which it is exposed.
section 56
Capital Bank branch of the items other than the Member State of
(1) Capital branches of banks from other than the Member State concerned is the sum of
the capital of tier 1 and tier 2 capital.
(2) tier 1 Capital Bank branch from other than the Member State is
the sum of equity capital, tier 1 and tier 1 capital of the secondary.
(3) equity tier 1 Bank branch from other than the Member State of
consists of the items equity tier 1 by analogy with article 26 of the
paragraph. 1 (a). (c) to (f))) (a). 2 and 3 of regulation after editing by
articles 32 to 35 of the regulation, the deductions provided for in articles 36 to 48 of regulation and
application of article 79 of the regulation.
(4) a secondary tier 1 capital Bank branch from other than the Member State of
consists of items of secondary equity tier 1 by analogy with articles 51
up to 55 of regulation after the deduction of the items referred to in articles 56, 58 to 61 of regulation and
application of article 79 of the regulation.
(5) tier 2 Capital Bank branch from other than the Member State consists
from tier 2 capital the items similarly referred to in articles 62 to 65 of the regulation
the deductions referred to in article 66 of the regulation and of article 79 of the regulation.
§ 57
The total volume of risk exposure and capital requirements of the branch bank of the
other than the Member State of
Bank branch from other than a Member State provides for the total volume of
risk exposure by analogy with article 92, paragraph. 3 and 4 of the regulation and
capital requirements
and to credit risk), mutatis mutandis, in accordance with articles 107 to 311 of the regulation,
(b)) to the operational risk by analogy with articles 312 to 324, regulation
(c)) to a market risk by analogy with articles 325 to 377 of the regulation,
(d)) to settlement risk by analogy with articles 378 to 380, regulation
(e) the risk of credit adjustments) in awards, mutatis mutandis, in accordance with articles 381 to 386
of the regulation.
The request of the Bank branch from other than the Member State of the agreement with
use internal access or change internal access
section 58
(1) the request for consent to the use of any of the internal approaches for
the calculation of the capital requirement or changing the approach used
(hereinafter referred to as "request for approval") shall submit to the branch of a bank other than the
the Member State of the Czech National Bank, separately for each of the internal
approach for the calculation of the capital requirement.
(2) the request for consent contains basic information and the annex to that
information and facts presented in the basic data and the annexes to the
the application allows the Czech National Bank to examine compliance with the requirements
asked on the internal access.
section 59
(1) an application for approval submitted to Česká národní banka includes in its
the basic data in addition to the general terms and
and the definition of what an internal) access and the date from which a branch of the Bank of
other than the Member State intends to use,
(b)) the list of annexes, which are part of the application,
(c)), that all the applicant's statements it referred to information and facts
and submitted documents and documents are current, complete and correct.
(2) in the event that the branch of the Bank from another Member State than the Czech
National Bank asks for consent to the use of two or more internal
at the same time, and if the hit is for the approval of these approaches requires
the submission of the same documents and documents, is a branch of the Bank of
other than the Member State only once with the fact that in the request for consent
indicate that the application and when were these documents and documents submitted.
section 60
(1) the annexes mentioned in the list referred to in section 59 paragraph. 1 (a). (b)) in the case of
requests for consent to the use of any of the internal approaches for
the calculation of the capital requirement submitted by the Czech National Bank forms
and documentation of the Organization) strategy, the system and processes management
given the risks,
b) measurement system documentation of the risks,
(c) the implementation of the procedure documentation) of the internal access,
d) self-evaluation for the internal management of the Department of access established
the risk with the possible support of the internal audit department or with the
support the auditor's or consultants
(e) a list of all relevant documents) that are available for affiliates
banks from other than a Member State and subject to the system of management and
risk measurement, for which he wants to apply this branch of internal access, with
the fact that bank branch from other than the Member State is able to
to provide these documents to the Czech National Bank on its request.
(2) in the case of a request for consent to an internal access document
Annex to the application transparently and fully meet the requirements of the regulation on the
the internal access.
(3) if required by the branch of the Bank from a Member State other than the
the chosen way of implementation of internal access, shall submit to the branch of the Bank
from another Member State than the other documents or documents that
referred to in paragraphs 1 and 2, and in section 59 paragraph. 1, to request
clearly documented and fully meet the requirements of the regulation on the
internal access.
(4) If a branch of the Bank from another Member State than previously
the Czech National Bank has submitted documents or documents required in
requests for the consent or part of them, only those documents or
the documents, for which there was a change compared to the previous state. Previously
passed and still valid documents and the documents of the Bank branch other than the
the Member State designates in the application. In the attached statement of the Bank branch
from other than a Member State, in this case, indicating that these documents and
the documents remain unchanged.
section 61
(1) documentation of the Organization, the system and processes of risk management
contains
and the overall strategy and strategy) management of risks,
(b) the organizational arrangement) overview the scope, powers and
information flows in the management of risk,
(c) an overview of the verification process) for internal access
d) overview and reports from events and consultation ujišťovacího character
carried out by the internal audit service or other similar service or
the Auditor,
(e)) minutes of meetings of management and advisory bodies of the Bank branch from another
than the Member State of the region and
(f) other documentation demonstrating a way) meet the requirements of the
the Organization, the system and the risk management processes.
(2) documentation of the risk-measurement system contains
and the corresponding risk categorisation), exposures or portfolios used for
the approach and criteria
(b)) list of all the used methodologies and models and their use
a branch of the Bank other than the Member State of the relevant aspects,
for example, the coverage of categories of exposures, geographical areas, units or
lines of business, types of risks or loss measurement,
c) description and explanation of all the methodologies and procedures,
(d) a description of the structure of information technology), system and database
environment, the software used and the
(e) other documentation demonstrating a way) meet the requirements of the system
the measurement of risks.
(3) the implementation of the procedure documentation for internal access
contains
and the development of the methodology of measurement) of the risks has been developed by the branch
Bank of a Member State other than the
(b) a description of the implementation of the information system) for the measurement and control of the
the risks,
(c) an overview of the education workers made) relating to the
internal access
(d) a description of the procedure) when the transition from the existing system to the new,
(e) the procedures for changing the scope of) the use of methods or models, projection
major changes in the methods or models within a given access,
(f) the interim evaluation) procedures for appropriateness of models, methods and
procedures including the audit plan fitness models
(g) an overview of the use of the area) of the internal access in processes
Bank branch from other than a Member State, and
(h) other documentation demonstrating a procedure) of the implementation of the internal
access.
(4) of the Self-assessments for the internal access includes
and assessment of the adequacy and strategy) of the organizational arrangement of the
the requirements for the management and control system in a given area,
(b) assessment of the adequacy of resources for) further development, deployment and use of
the internal access,
(c) reciprocal links between) the evaluation methodologies used and
the internal consistency of approach and
(d)) identified deficiencies and errors, and a plan for their removal and the achievement of the
accordance with the requirements of the regulation on the internal access.
section 62
If a branch of the Bank other than the Member State shall forward the documents or
documents in electronic form, stating the nature of the media and used
the format of the data, especially for databases, tables, or charts, that advance
agree with the Czech National Bank. For the representation of the data in the cash
units of the Bank branch other than the Member State in advance, agree with the
The Czech National Bank currency.
TITLE II
CAPITAL RESERVES
(Section 12d (6) and section 12 (6) of the Act on banks, section 8aa (6) and section
paragraph 8aj. 6 of the Act on savings and credit cooperatives and section 9aa of paragraph 1. 6
and § 9aj paragraph. 6 the law on capital market business)
section 63
Countercyclical capital reserve
(1) the Counter-cyclical capital specific to the relevant mandatory
the person is given by the relation
ISCCB = sp. TRE,
where:
ISCCB indicates a countercyclical capital reserve
specific for the compulsory
person, expressed in Czech Crowns,
SP indicates the rate of countercyclical capital reserves
a specific person for the compulsory
TRE indicates the total amount of risk exposure
in accordance with article 92, paragraph. 3 regulation laid down
on an individual or consolidated basis,
expressed in Czech Crowns.
(2) the rate of countercyclical capital reserves specific to the
the required person sp is calculated as the weighted average rates of spi
countercyclical capital reserves, which apply in the States, in
which has a mandatory person located for counter-cyclical capital reserve
the applicable credit exposure, in relation
n
The SUM of the spi. XI
I = 1
sp = ----------------
n
SUM Xi
I = 1
where:
SP indicates the rate of countercyclical capital reserves
specific to the required person
the SPI indicates the rate of countercyclical capital reserves
in the State and in which the person required
placed their exposure,
and indicates the State
n indicates the total number of States in which it has
mandatory person located their exposure,
XI indicates the total capital requirement for credit
the risk determined in accordance with part three of the
titles II and IV to the regulation relating to the credit
applicable exposures for a countercyclical
the capital reserve and located in the State of
I, expressed in Czech Crowns,
n
SUM Xi indicates the total capital requirement for credit
I = 1 the risk determined in accordance with part three of the heads
II and IV to the regulation, related
applicable to all credit exposures
for countercyclical capital reserve, expressed
in Czech Crowns.
(3) the credit exposure for a countercyclical capital reserve
include all categories of exposures with the exception of the categories referred to in article 112
(a). and (f))) up to regulation, if these exposures shall be subject to the requirement to
capital for credit risk pursuant to part III, title II of the regulation, or
are held in the trading book and are subject to the requirement of capital to
specific risk pursuant to part III, title IV, Chapter 2 of regulation or
the requirement for additional capital to risk and the risk of migration failure
pursuant to part III, title IV, Chapter 5 of the regulation or, in the case of exposure,
that are subject to the requirement of securitisation, capital under part
the third title II, Chapter 5 of the regulation.
(4) the Mandatory person in determining the State in which the credit exposure
decisive for the calculation of countercyclical capital reserve is located,
proceed according to the regulation of the European Union relating to the geographical classification
credit exposures ^ 13).
(5) As the rate of sleep, which is the input for the calculation of the variable
countercyclical capital reserves specific to the relevant mandatory
person shall apply
and counter-cyclical capital reserve) for exposures situated in Czech
the Republic established the Czech National Bank,
(b) the rate of countercyclical capital reserve) for exposures situated in another
Member State of the date laid down by the competent authority
Member State, if this is not more than 2.5% of the total volume of
risk exposure,
(c) the rate of countercyclical capital reserve) for exposures situated in another
Member State of 2.5% of the total risk exposure of the date from
where the competent authority of another Member State has established a rate exceeding
2.5% of the total risk exposure. If it was recognized by the Czech
National Bank rate exceeding 2.5% of the total volume of risk
exposure, this rate shall apply,
(d) the rate of countercyclical capital reserve) for exposures situated in another
than the Member State of the amount laid down by the competent authority other than the
Member State, the Czech National Bank has not set a different rate
referred to in subparagraph (e)). To the section rates exceeding 2.5% of the total volume of
the risk of exposure shall be disregarded. If the rate increases, the
from the time of the expiry of 12 months from the date of the notice; However, this does not apply,
If the rate decreases, the
(e) the rate of countercyclical capital reserve) for exposures situated in another
than the Member State set out in the rate of the Czech National Bank.
section 64
The capital reserve to cover systemic risk
(1) the capital reserve to cover systemic risk for the
liable person is given by the relation
SRB = sr. TRE,
where:
SRB indicates the capital reserve to cover system
the risk for the compulsory
person, expressed in Czech Crowns,
SR indicates the rate of capital reserves to cover
systemic risk for the compulsory
the person, the amount of which and the date of use,
establishes the Czech National Bank,
TRE indicates the total amount of risk exposure
in accordance with article 92, paragraph. 3 of the regulation, as set out
on an individual or consolidated basis,
expressed in Czech Crowns.
(2) If by way of derogation from paragraph 1, the Czech National Bank stipulates that
calculation of capital reserves to cover systemic risk only applies
on the part of the total risk exposure depending on the geographical
the location of the exposures in individual States, or accepted for exhibition
located in other Member States the rate of capital reserves to cover
systemic risk in the amount laid down by the competent authorities of the
the Member States, then the capital reserve to cover systemic risk
for the mandatory person calculated by
n
SRB ' = sum of sri. Trey + (sri. TRE ')
I = 1
where:
SRB ' indicates the capital reserve to cover system
the risk for the mandatory person modified
According to the geographical location of the exposures and rates
capital reserves to cover systemic risk
in other Member States recognised the Czech
National Bank, expressed in Czech Crowns,
Sri indicates the rate of capital reserves to cover
systemic risk for exposure to mandatory
persons located in the State and, the amount of which and the day
Since when is used, establishes the Czech national
the Bank. If the exposure placed in the
State capital reserve to cover system
risks not covered, assigned to them in the
the calculation of the rate of sri = 0%,
and indicates the State
n indicates the total number of States in which the
It has required the person placed their exposure
and does not apply to them because the rate of the sr
The Czech National Bank for them to recognise the rates
capital reserves to cover system
the risk of the
authorities of the Member States or the
exposure in them placed the capital reserve
to cover systemic risk does not apply,
Trey indicates the part of the total volume of the risk
TRE exposure determined in accordance with article 92
paragraph. 3 of the regulation, where the relevant exposure
are geographically located in the State and,
TRE ' indicates the remaining part of the total volume of
the risk of exposure, which are covered by the capital
reserve to cover systemic risk
and that is located in the Czech Republic or in
States for which has not been recognized by the rate of the capital
reserve to cover systemic risk
laid down by the competent authorities of the
the State, on an individual or consolidated
basis, expressed in Czech Crowns.
Meanwhile,
n
TRE = TRE ' + SUM Of Trey
I = 1
(3) the method of determining the geographic location of risk exposures in a particular
the State is the same as for the relevant exposures in the case of the countercyclical
capital reserves. The remaining part of the risk of exposures whose location
in this way cannot be determined, the person shall be deemed mandatory for risk exposure
located in the Czech Republic.
(4) the rates of capital reserves to cover systemic risk shall apply
the date and amount of published the Czech National Bank.
section 65
Security capital reserve
Security capital reserve for the compulsory per person
calculated by
CB = sb. TRE,
where:
CB indicates security capital reserve
for the mandatory person expressed
in Czech Crowns,
SB denotes the rate of security capital reserves
determined in accordance with the law on banks
the Act on savings and credit cooperatives,
the law on the capital market, business
TRE indicates the total amount of risk exposure
in accordance with article 92, paragraph. 3 regulation laid down
on an individual or consolidated basis,
expressed in Czech Crowns.
section 66
Capital for systemically significant institution
(1) reserve Capital for systemically significant institution for
the required person calculated by
SIIB =. TRE,
where:
SIIB indicates capital reserve for systemically
an important institution in the Czech
Crowns,
indicates the rate's capital reserve
for systemically significant institution
TRE indicates the total amount of risk exposure
in accordance with article 92, paragraph. 3 regulation laid down
on an individual or consolidated basis,
expressed in Czech Crowns.
(2) the determination of the resulting capital reserves for systemically important
institution and capital reserves for systemic risk, if by
also on exhibition outside the Czech Republic shall be governed by the following rules:
and if the required person) on a consolidated basis shall be subject to the capital
the reserve for global systemically important institution and the capital reserve
an important institution for a different system, in the final result
the capital reserve, which is the higher of these,
(b) if the person is required) on a consolidated basis shall be subject to the capital
the reserve for global systemically important institution, the capital reserve
Another important institution for systemically and capital reserve to cover
systemic risk, in the final outcome of the capital
the reserve, which is the highest of them,
(c) if the person required to) an individual or subconsolidated basis
subject to capital reserve for another important institution and system
capital reserve to cover systemic risk, in the final
the result of the capital reserve, which is the higher of them.
(3) if the capital reserve to cover systemic risk by
the only exposure that are located in the Czech Republic in the final
the result of this capital added to the higher of the following capital
provisions for systemically significant institution:
and for global capital) a systemically significant institution and
(b) capital reserve for another) systemically significant institution.
(4) where paragraph 2 applies and the person is a member of the group,
which also is a member of the global systemically significant institution or other
systemically significant institutions, so this required a person on an individual
the basis of the combined capital is subject to a reserve, which is at least equal to the
the sum of the security capital reserves, countercyclical capital
reserves and higher capital reserves from the pair of covering the capital
reserve for another systemically important institution and the capital reserve
for the cover of systemic risk, which shall apply on an individual
basis.
(5) shall apply paragraph 3 and the person is a member of the group,
which also is a member of the global systemically significant institution or other
systemically significant institutions, so this required a person on an individual
the basis of the combined capital is subject to a reserve, which is at least equal to the
the sum of the security capital reserves, countercyclical capital
the reserve, capital reserve for another important institution and system
capital reserves to cover systemic risk, which apply
on an individual basis.
The combined capital and restrictions associated with it
§ 67
(1) the person maintains a combined capital reserve
through equity tier 1. Is not entitled to this
use the equity tier 1 capital, which is required to maintain for
cover the capital requirements under article 92 of the regulation or for the fulfilment of the
corrective measures and other measures referred to in the Act on banks, law on
savings and credit cooperatives, the law of business capital
market or under other legislation.
(2) the person meets the individual capital reserves, which are on
applicable, tier 1 capital, which has for this purpose to the
There, in this order:
and security capital),
(b) the counter-cyclical capital reserve)
c) capital reserves other than those referred to in subparagraphs a and b)).
(3) a person who completely fulfils the combined capital reserve,
may decide on the distribution of equity tier 1 only
the extent to which does not reduce the equity tier 1 to such
the level where the combined capital has already been met;
the Division of equity tier 1:
and payment of emoluments) share of the profit,
(b)) the provision of fully or partly paid shares or other
capital instruments referred to in article 26(3). 1 (a). and) Regulation,
(c) the repayment or repurchase) own shares or other capital
the instruments referred to in article 26(3). 1 (a). and made a compulsory regulation)
person,
d) repayment of amounts paid in connection with the equity instruments
referred to in article 26(3). 1 (a). and) Regulation,
(e) allocation of items) referred to in article 26(3). 1 (a). (b) to (e))) Regulation.
section 68
(1) a person who fails to comply with a combined capital reserve,
and the maximum amount to be calculated) of a possible Division in accordance with paragraph 2, and without
undue delay inform about it the Czech National Bank,
(b)) before it calculates the maximum amount of potential distribution is not
shall be entitled to
1. decide on the allocation of equity tier 1 under section 67, paragraph. 3,
2. assume the obligation of payment of the variable component of the remuneration or a specific
pension benefits or pay a variable component of remuneration, if
the obligation to payment was created at a time when the person did not meet the required
the combined capital reserve,
3. make payment related to the secondary tier 1 capital instruments,
(c)), through the activities referred to in subparagraph (b)) shall not amount higher
than the highest amount possible Division in accordance with paragraph 2.
(2) the person Required to calculate the maximum amount of possible division by
the relationship
MDA = (PI + PYE-T). (F),
where:
PI indicates the profit for the current financial period covered
the equity tier 1 by
Article 26, paragraph. 2 of the regulation, which was created
Since the last decision on profit distribution
or the adoption of any of the measures referred to in paragraph
1 (a). (b)),
PYE indicates earnings for the previous accounting period included
the equity tier 1 by
Article 26, paragraph. 2 of the regulation, which was created
Since the last decision on profit distribution
or the adoption of any of the measures referred to in paragraph
1 (a). (b)),
T indicates the tax that would have been payable if the
the profits were divided by PI and PYE,
(F) indicates a multiplier factor.
(3) the multiplier factor (F) shall be determined as follows:
and) if the equity tier 1 maintained a required person that
It is not used for the purposes of compliance with the requirement of capital referred to in article 92
paragraph. 1 Regulation, expressed as a percentage in relation to the total volume
risk exposure in accordance with article 92, paragraph. 3 the regulation is the first
(the lowest) the interval of the combined capital reserves, or
is higher than its lower limit and does not exceed the upper limit,
then F = 0,
(b)) if the tier 1 equity capital maintained by a person that the mandatory
It is not used for the purposes of compliance with the requirement of capital referred to in article 92
paragraph. 1 Regulation, expressed as a percentage in relation to the total volume
risk exposure in accordance with article 92, paragraph. 3 of the regulation, is in the second
the interval of the combined capital reserves, or higher
than its lower limit and does not exceed the upper limit, then F =
0.2,
(c)) if the tier 1 equity capital maintained by a person that the mandatory
It is not used for the purposes of compliance with the requirement of capital referred to in article 92
paragraph. 1 Regulation, expressed as a percentage in relation to the total volume
risk exposure in accordance with article 92, paragraph. 3 regulation, located in the third
the interval of the combined capital reserves, or higher
than its lower limit and does not exceed the upper limit, then F =
0.4,
(d)) if the tier 1 equity capital maintained by a person that the mandatory
It is not used for the purposes of compliance with the requirement of capital referred to in article 92
paragraph. 1 Regulation, expressed as a percentage in relation to the total volume
risk exposure in accordance with article 92, paragraph. 3 regulation, located in the fourth
the interval of the combined capital reserves, or higher
than its lower limit, then F = 0.6.
(4) the lower limit and the upper limit of each interval is given by
relations
CombiB
DHq = -------- . (q-1)
4
CombiB
HHq = -------- . (q-1)
4
where:
DH denotes the lower border of the each interval,
HH indicates the upper limit of each interval,
CombiB indicates the total combined capital
the reserve, which has required a person
keep, expressed in Czech Crowns,
q indicates the serial number of the interval
and take the values 1, 2, 3, or 4.
§ 69
(1) the limitation under section 68, paragraph. 1 concerns only payment appropriations, which should
result in a reduction of equity tier 1 or reduce the profits for
the conditions that the postponement or non-payment will not make the failure event
or the condition for the initiation of insolvency proceedings relating to the
the liable person.
(2) If the person does not meet the combined mandatory capital reserve and
intends to make payment of the amount of the potential distribution or accept some
of the measures referred to in section 68, paragraph. 1 (a). (b)), it shall inform without undue
delay the Czech National Bank and provide it with at least the information on the
and the amount of the capital maintained the) required by a person in
1. equity tier 1,
2. secondary tier 1 capital and
3. tier 2 capital,
(b) the amount of the normal profit) of the accounting period and the profit for the previous financial
period,
(c) the amount of the possible) the highest Division calculated in accordance with section 68, paragraph. 2,
d) envisaged measures, if:
1. the payment of profit shares,
2. purchases of its own shares or other capital instruments referred to in
Article 26, paragraph. 1 (a). and compulsory regulation by the person)
3. the payment on the next tier 1 capital instruments, or
4. the payment of the variable component of the remuneration or a specific pension benefits without
irrespective of the fact whether this is supposed to happen on the basis of the new
the obligation to pay or on the basis of obligation arising at a time when mandatory
the person did not meet the requirement related to the combined
the capital reserve, and
(e) the anticipated impacts of the measures referred to in) (d)) on equity
tier 1 capital or profits referred to in subparagraph (b)).
(3) the person shall ensure that the Required accuracy of quantification of the impact of the amounts and
the proposed measures referred to in paragraph 2 (a). (e)) and the accuracy of the calculation of the
the highest amount possible distribution and is capable of the Czech National Bank on the
request the accuracy of this calculation.
section 70
The essentials of the plan to restore the capital
A plan to restore the capital contains
and) measures to ensure increasing capital ratios required
person in order to meet the requirement of the combined capital reserves in full
the range, including a capital increase, their plan and time frame,
(b) estimates of the financial data), at least in the range of estimates of revenue and expenditure and the
a forecast balance sheet for the time frame referred to in subparagraph (a)), and
(c)) the information that demonstrate feasibility with the plan to restore the capital.
PART THE FOURTH
RULES FOR THE LIMITATION OF RISK
TITLE I OF THE
THE RULES FOR QUALIFYING HOLDINGS OUTSIDE THE FINANCIAL SECTOR, LARGE EXPOSURE
AND TRANSFER OF RISKS THE BANK BRANCH FROM OTHER THAN THE MEMBER STATE OF
(Section 13, paragraph 2, section 14, paragraph 3, and article 15, paragraph 2, of the law on banks)
section 71
Qualifying holdings outside the financial sector bank branch from other than
the Member State of
Bank branch from other than a Member State applies, the conditions for
qualifying holdings outside the financial sector, mutatis mutandis, in accordance with article 89, paragraph.
1, 2 (a). 3 (b). (b)) and article 91 of regulation that is applicable
the capital of this branch is the sum of tier 1 capital and tier
2, which shall not exceed one third of the equity tier 1 of this branch.
The great exposure of the Bank branch other than the Member State of
section 72
A branch of the Bank other than the Member State applies the rules of large
exposures by analogy with articles 403 to 387, with regulation by the applicable
capital means the applicable capital Bank branch from other than
the Member State referred to in section 71.
section 73
Bank branch from another Member State than the cuts of the limits by analogy with the
Article 395, paragraph. the regulation also
and exposure in covered bonds) in accordance with article 129, paragraph. 1, 3 and 6
Regulation, and in the amount of 75% of the value of the exposure,
(b)) off-balance sheet documentary credits and undrawn credit facilities,
medium low risk according to annex I of the regulation, up to 50%
their values,
(c) exposures to recognised exchanges).
§ 74
Bank branch from other than a Member State applies rules for
Similarly, the transfer of the risks referred to in articles 404 to 409 regulation.
TITLE II
THE RULES FOR THE ACQUISITION OF CERTAIN TYPES OF ASSETS
(To section 14, paragraph 3, and article 15, paragraph 2, of the law on banks and section 11, paragraph 2, of the law on
savings and credit cooperatives)
§ 75
(1) a person may not acquire or claim on a share of the child
a person who has a qualifying holding on to this mandatory person separately
or acting in concert with another person.
(2) a person may acquire equity instruments issued by a person who has
the mandatory participation of a qualified person referred to in paragraph 1, only when the
present the following conditions:
and) required a person who intends to acquire the equity instruments issued by the person,
the mandatory participation of a qualified person referred to in paragraph 1, is in
the position of the market maker and the position of the Czech National Bank proves
before the first acquisition of a capital instrument issued by the person who has the
mandatory participation by the qualified person referred to in paragraph 1,
(b)) these capital instruments shall, for the purpose of making a market and is
in its business portfolio and
(c)), the fair value of all equity instruments of one issuer that
is the person who has the required person by a qualified participation referred to in paragraph
1, shall not exceed 1% of the capital required of the person established in the
an individual basis.
§ 76
(1) a branch of the Bank from other than a Member State may not acquire the share or
a child of a claim on a person who has a qualifying holding on
Foreign Bank, of which it is a branch, alone or acting in concert
with another person.
(2) a branch of the Bank other than the Member State may acquire capital
instruments issued by a person who has a foreign bank, of which it is a branch,
qualified participation referred to in paragraph 1, only at the current meeting
These terms and conditions:
and from another bank branch) than of the Member State which intends to take
equity instruments issued by a person who has a foreign bank, which is
Branch, a qualifying holding referred to in paragraph 1, is in the position of the creator
the market and its position of the Czech National Bank shows before the first
the acquisition of a capital instrument issued by the person who has the foreign
the Bank, which is an affiliate of, a qualified participation referred to in paragraph 1,
(b)) these capital instruments shall, for the purpose of making a market and is
in its business portfolio and
(c)), the fair value of all equity instruments of one issuer that
is a person who has a foreign bank, of which it is a branch,
qualified participation referred to in paragraph 1, shall not exceed 1% of the capital
This branch.
TITLE III
RULES FOR THE FINANCING OF THE ACQUISITION OF CERTAIN TYPES OF ASSETS
(To section 14, paragraph 3, and article 15, paragraph 2, of the law on banks and section 11, paragraph 2, of the law on
savings and credit cooperatives)
§ 77
(1) a person shall not provide loans even to exhibit locking
or payment instruments such as guarantees, letters of credit, with a view to the adoption of
loan for the purchase of capital instruments, which were issued
and this person, compulsory)
(b)) a legal entity with a qualified interest in the mandatory person
(c)) of the legal person which is controlled by the person with a qualifying holding
the required person
(d)) of the legal person which is controlled by persons acting in concert,
If these people control the required person
e) a legal person, which belongs to the persons acting in concert by
(d)),
(f)) of the legal person which is controlled by one of the persons acting in
conformity in accordance with subparagraph (d)), or
(g)) legal person controlled by a person liable.
(2) a person shall not provide loans even to exhibit locking
or a payment instrument in order for acceptance of the loan to finance the acquisition of
and that is not a share) in the form of a security, the persons referred to in paragraph
1, or
(b)) subordinated claims for a person referred to in paragraph 1.
(3) a person shall not provide loans even to exhibit locking
or a payment instrument in order for repayment of the deposit base of the Member
or another Member of the deposit required of the person.
§ 78
(1) a branch of the Bank other than the Member State shall not grant credit
or issue securing or payment instruments, in particular the guarantee or
letters of credit, in order to take credit for the purchase of equity instruments
that have been issued
and) the foreign bank, which is a branch,
(b)) a legal entity with a qualified interest in the foreign bank, which
It is a branch,
(c)) of the legal person which is controlled by the person with a qualifying holding
the foreign bank, of which it is a branch,
(d)) of the legal person which is controlled by persons acting in concert and
These individuals dominate the foreign bank, of which it is a branch,
e) a legal person, which belongs to the persons acting in concert by
(d)),
(f)) of the legal person which is controlled by one of the persons acting in
conformity in accordance with subparagraph (d)), or
(g)), a legal entity controlled by the foreign bank, of which it is a branch.
(2) a branch of the Bank other than the Member State shall not grant credit
or issue securing or payment instruments with a view to the adoption of
the loan, for the financing of
and the acquisition of the stake) is not in the form of the security, to the persons referred to in
paragraph 1, or
(b)) to obtain the children of the debts owed by the person referred to in paragraph 1.
(3) a branch of a bank other than the Member State shall not grant credit
nor exhibit the lock or the payment instrument in order for the repayment of the
basic member deposit or another Member of the deposit in foreign
the Bank, which is a branch.
TITLE IV
RULES FOR THE ASSESSMENT OF ASSETS
(To section 14, paragraph 3, and article 15, paragraph 2, of the law on banks and section 11, paragraph 2, of the law on
savings and credit cooperatives)
section 79
Object categorization
(1) Mandatory person categorizes exposure represented by the claims of
arising from the performance of activities resulting from the activity (the permissions
"receivables from financial activities"). Receivables from financial
the activities are mainly loans, receivables from financial
lease receivables from deposit, receivables from guarantee claims
Letter of credit, factoring, receivables, prepayments for acquisition of securities
granted for a period longer than 30 days, the claims from the sale of securities
securities with maturity of sales prices for a period longer than 30 days,
the receivables from the sale of securities outstanding, within 30 days after the
the specified settlement date.
(2) the Categorization of the selected exposures shall not apply to the exposure of classified
in the trading portfolio, receivables from holding securities, accounts receivable
from derivatives, and receivables from other than the financial activities, in particular
claims from labour and similar relationships, provided by operating
the backup or backups on the acquisition of tangible and intangible assets,
accounts receivable from the sale of stock, tangible and intangible assets.
§ 80
The basic category
(1) a person Required to be classified receivables from financial activities in these
categories:
and the failure of the debtor of the receivable) without,
(b) failure of the debtor's claims).
(2) If required, the person for the purposes of capital ratios applied for
retail exposures the definition of default of the borrower at the level of the transaction,
it applies in the same manner and for the purposes of categorization of these exposures.
§ 81
Claims without the debtor's failure
(1) failure of the debtor of the claim without the required a person to be classified into the following
subcategories:
the standard claims)
(b) the reference of the claim).
(2) a person may not claim without failure of the borrower pursuant to paragraph
1 subdivide, if, in assessing whether there has been a reduction in their
the accounting values, accesses to the portfolio of individually insignificant
the claims.
(3) a receivable is deemed to be a standard, if the repayment of principal and
accessories are properly paid, none of them are overdue for more than
30 days, for any of the debts of the debtor was not in the last 2 years
due to the deterioration of its financial situation carried out restructuring and
There is no reason to doubt its full repayment, without mandatory person
She walked up to the satisfaction of his claim.
(4) a receivable is deemed to be monitored, if from the inception of the
claims to the deterioration of the financial situation of the debtor, or repayment of principal
or accessories are covered with both problems, but none of them
It is not past due more than 90 days, or for any of the claims were not in
the last 6 months due to the deterioration of the financial situation of the debtor
implemented restructuring, and with regard to the financial and economic
the situation of the debtor, it is likely the full repayment, without mandatory
the person proceeded to satisfy its claim from the collateral.
section 82
The claim is the failure of the debtor
(1) failure of the debtor are deemed non-performing receivables.
The person is required to be classified into the following subcategories:
non-standard receivables)
(b) bad debts),
(c)) loss.
(2) a claim shall be regarded as substandard, if its the full repayment of the
in particular, with regard to the financial and economic situation of the debtor
uncertain. Its partial repayment is highly likely, without
required the person proceeded to satisfy its claim from the collateral.
The claim shall be regarded as non-standard also if payments are
the principal or accessory covered with problems, but none of them is not
past due for more than 180 days.
(3) the claim shall be regarded as dubious, if its full repayment is
in particular, with regard to the financial and economic situation of the debtor high
unlikely. Its partial repayment is possible and likely, without
would have required the person approached the satisfaction of his claim.
The claim shall be regarded as dubious if the repayment of principal
or accessories are covered with problems, but none of them is after
maturity date longer than 360 days.
(4) a receivable is deemed to be a loss if its full repayment is
in particular, with regard to the financial and economic situation of the debtor.
It is assumed that this claim is not met or will be
satisfied only partially in a very small amount, without mandatory person
She walked up to the satisfaction of his claim. The claim is
considered lossy also if are repayment of principal or
accessories after the maturity longer than 360 days. For lossy is also
It considers the claim on the debtor, on whose property was declared
bankruptcy, except for the material substance of the claim arising after the
a declaration of bankruptcy.
section 83
The classification into categories and subcategories
(1) if the required person more receivables from financial activities
the same borrower and any one of them meets the characters of the failure of the debtor,
all claims on the debtor are classified into the categories of claims
with the failure of the debtor and in its context in the same subcategory claims.
Mandatory person refrain from claims of financial activities
classified for the purposes of capital ratios to the category retail
exposures for which the debtor's failure to monitor the level of transactions.
(2) if the claim meets the criteria at for inclusion in a more
the subcategories, it required a person to be classified in the worst of these
the subcategories. Mandatory person refrain for receivables from financial
activities included for the purposes of capital ratios to the category
retail exposures, which follows the failure of the debtor to the level
the transactions.
(3) the Restructured debt required a person to be classified at the time of
restructuring into a subcategory in which the receivable was or
should be included before the restructuring. If the required person is able to
demonstrate that the level of risk of non-payment of claims against the State before the
the restructuring declined, it may move up to a better subcategory,
If consistency is preserved in the approach to the claim for the purposes of
capital ratio; without prejudice to the provisions defining
standard and monitored the claim.
(4) a claim, which was the mandatory person in connection with the assignment of
the Group of its other claims, the person required to be classified at the formation of the
subcategory in which was or should be included in crucial market share
of ceded claims. If a person is required to demonstrate that the rate of
the risk of non-payment of claims against the State before forwarding
decreased, it can move up to a better subcategory, if it is maintained
consistency in the approach to the claim for the purposes of the capital ratio.
(5) the person at least once per quarter, examines the accuracy of
the classification of receivables into categories and subcategories, and in conformity with the results of the
the findings carried out the appropriate changes in their classification. Mandatory person may
the accuracy of the classification of the insignificant volume of claims to examine in
a longer period than the quarter, but at least once a year, if it
corresponds to the nature of the claim or the debtor and, if it is able to
demonstrate sufficient caution in the application of such a procedure.
§ 84
Individual and portfolio approach
(1) a person assesses whether to reduce the book value (
"depreciation") of individual receivables or receivables with
similar characteristics due to credit risk (hereinafter referred to as
"portfolium of homogeneous claims").
(2) the person submits the portfolio approach for individually
evaluated claims for which write-down has not identified individually. In
this case required the person also assesses whether the depreciation of the
the portfolio of homogeneous neznehodnocených the claims individually. If
the person does not have the required more homogeneous claims, the portfolio approach
does not apply.
(3) a person may apply for access to a portfolio of individually
the non-homogeneous claims.
(4) depreciation of the portfolio of receivables, which occurred in the
as a result of events that occurred after the occurrence of the receivables, it is objectively
demonstrated by the existence of observable data, which indicate a reduction
expected future cash flows from this portfolio, although this
the reduction cannot yet identify individual claims
included in the portfolio.
(5) the indicator of the reduction of the expected future cash flows from the
the portfolio of receivables may be particularly
and the increase in unemployment in the relevant) areas
(b) a reduction in the prices of real estate), the relevant areas
(c) the adverse conditions in the sectors), in which the debtors operate,
d) increase the number of borrowers who fully draw his limit and repaid their
the minimum possible amount of debts.
§ 85
Value adjustments
(1) if the depreciation of receivables, required the person performs
valuation adjustment. If the required person or part of the claim, which
corresponds to the loss of the write-down, not reply, constitute the claim to this
the loss of a corrective entry.
(2) a person shall be assessed at least once every quarter, the adequacy and
justification value adjustments to receivables and regulates their
the amount of.
(3) a person is able to demonstrate the adequacy and reasonableness
adjustments.
§ 86
Method for the determination of the amount of the loss from depreciation of the
(1) loss from devaluation can be set using the
and) discounting expected future cash flows,
(b)) coefficients, or
c) statistical models.
(2) For the purposes of the implementation of the prudential rules required a person
sets the amount of the loss from the write-down by the same method as for the purposes of
accounting and financial statements.
(3) a person may, in determining the amount of the loss from depreciation of the
take into account the collateral, if the
and) ensuring and related applicable principles and procedures used
leading to the reduction of the credit risk based claims that are
legally effective and enforceable in all jurisdictions which are applicable
for claims of collateral,
(b) manage the risks accordingly) which is or may be
exposed in the context of the provision, which takes into account,
(c)), regardless of considerations of ensuring the full assessment continues
the credit risk associated with the claim,
(d)) is the collateral within a reasonable time, at least in the zpeněžitelný value, which
is taken into account in the calculation of the losses from write-downs; If the collateral in
over the past 3 years zobchodován, it is possible to determine the amount of the loss
of depreciation taken into account up to the price of the last trade,
(e)) is in case of failure of the debtor or, if applicable,
the person who took over the collateral deposit, storage, or
the Administration, in particular if the decision on the bankruptcy of some of these
persons, or occurred when another established a credit event, entitled
to satisfy his claim within a reasonable time from the relevant facts
(f)) the degree of correlation between the value of the collateral and the credit quality of
the debtor is insignificant,
(g)) is a provider of personal collateral sufficiently reliable so as to
It was secured with sufficient certainty that the reduction level achieved
credit risk corresponds to the extent of this reduction is taken into account in
the calculation of the losses from write-downs, and
(h)) has established and applies a clear criteria for assessing the
eligibility of providers of personal collateral.
§ 87
Discounting expected future cash flows
(1) if the required person uses the discounting of expected future
cash flows, the loss from the write-down of the claim as the difference
between the book value of the receivable and the present value of the expected
of future cash flows discounted at the original effective from Receivables
interest rate. The original effective interest rate is the effective interest
established at the time of origination of a receivable.
(2) effective interest rate corresponds to the rate of interest, which will be discounted
the expected future cash flows until the due date of the claim, or, if the
It's preferable to a shorter period of time, and that the book value of the receivable.
(3) in the calculation of effective interest rates required the person estimated the expected
future cash flows considering all contractual terms and conditions, in particular
early repayment options and fees. If you cannot reliably
to provide for the expected future cash flows, the contractual cash
flows. When calculating the effective interest rate required by the person does not
future losses from write-downs due to the credit risk.
section 88
The coefficients
(1) if the required person uses the coefficients, the loss of
accounts receivable depreciation so that the difference between the principal claim
plus accrued accessories and the obligatory party zohledněným
by ensuring that the claims shall be multiplied by the coefficient
and in the case of 0.01) Receivables,
(b) in the case of non-standard 0.2) claims
(c)) in the case of doubtful debts 0.5,
(d) in the case of 1.0) loss claim.
(2) Mandatory person also examines whether the loss of correctly classified
Watch, substandard or doubtful debts is not higher than the loss of
provided for in paragraph 1. If the loss is greater than the loss provided for in
in accordance with paragraph 1, required the person increases the coefficient, but to
and receivables) was lower than 0.2,
(b)) a non-standard claims was lower than 0.5 and
c) doubtful debts was less than 1.0.
(3) If a mandatory person in the affected claims the principle of time
resolution (accrual principle), in the calculation referred to in paragraph 1 shall apply
the principal claim nezvýšenou of accrued and calculated accessories
the loss increases by an amount equal to naběhlému accessories.
(4) If a person sets out mandatory loss of reduction in the book value of the
the claim, in particular, the receivables acquired for consideration, which is awarded to the
the time of the transaction, the purchase price shall proceed
that detects whether, at the time of the case, in particular, to the
the time of the acquisition of the claims, there is a difference between the cost of
receivables and deposits accounts receivable increased by accrued accessories.
(5) If there is a difference referred to in paragraph 4 and has character
and when the discount) cost of the claim is less than the principal amount
Receivables increased by accrued accessories, mandatory person in loss
fixed pursuant to paragraph 1 shall be reduced by the discount or discount, if
the discount rate greater than this loss,
(b)), when the premium purchase price claims is higher than the principal
Receivables increased by accrued accessories, mandatory person in loss
determined in accordance with paragraph 1 for the premium increase.
(6) if there is a difference referred to in paragraph 4, the mandatory person establishes
the loss referred to in paragraph 1.
(7) loss from the write-down of the claim, that person has a mandatory
connection with the assignment of groups of its other claims,
to principal receivables increased by accrued accessories and less
impairment was greater than the sum of the principal would be ceded
Receivables increased by accrued less repair and accessories
in the case of items that would be required to avoid referral and person
fixed loss of depreciation of individual receivables. This does not apply,
If required, the person shall proceed pursuant to section 81, paragraph. 4 the last sentence.
§ 89
Statistical models
(1) a person at the start of the assessment of the portfolios of individually
immaterial claims has
and) created in terms of the number of sufficiently large portfolio of individually
the non-homogeneous claims to ensure the statistical
the significance of the losses; the portfolio of individually insignificant homogeneous
the claims required for the purposes of the use of the person of the statistical model
includes all claims of this type, and even those that are
decided to retire from the portfolio of individually immaterial claims
because she had enough information to assess their deterioration,
(b)) a long enough time series concerning the claims,
as a rule, comparable with an average maturity of individually
small claims; the length of the time series for the portfolios of individually
immaterial claims with an original maturity of more than one year is
However, usually at least one economic cycle, or at least 3
years, and
(c)), taking into account statistical model the time value of money, all of the
the expected future cash flows associated with the portfolio of receivables and
the maturity of the receivables portfolio and causing losses of
write-down of receivables in the portfolio at the time of the accounting
case.
(2) the person monitors the actual losses associated with the portfolio
individually immaterial claims, and tests the accuracy of the estimate of losses on
the basis of new data on the real failures of the borrowers in the portfolio in
appropriate time period depending on frequency of instalments; taken into account and
information about extraneous claims individually, which knocked out of
portfolio of individually immaterial claims, because it had enough
information for the assessment of the impairment.
(3) the person shall verify regularly the suitability of the statistical model and the
the accuracy of the settings of the parameters.
(4) the Mandatory person consists of adjustments to portfolios, individually
minor claims of statistical estimation of losses from these
portfolios, calculated using statistical models, if this
the amount of receivables not reply.
(5) a person is able to demonstrate a sufficient caution when
the use of statistical models to determine the amount of losses to portfolios
individually immaterial claims.
§ 90
Reserves for off-balance sheet items
(1) a person shall be assessed at least once every quarter, the adequacy and
the soundness of reserves, which are in accordance with the accounting methods of the form to
off-balance sheet items, and modifies their amount.
(2) a person is able to demonstrate the adequacy and reasonableness of the reserves
in accordance with paragraph 1.
§ 91
Rules for the assessment of the assets of the Bank branch from another Member
State
Bank branch from other than a Member State applies rules for
assessment of assets under section 79 to 90.
THE HEAD OF THE
RULES OF LIQUIDITY THE BANK BRANCH FROM OTHER THAN THE MEMBER STATE OF
(To section 14, paragraph 3, and article 15, paragraph 2, of the law on banks)
section 92
A branch of the Bank other than the Member State complies with the liquidity
Similarly, the requirements referred to in articles 411 and 412 of the regulation.
PART THE FIFTH
DISCLOSURE OF INFORMATION
(§ 11a paragraph 6 and section 11b, paragraph 7 of the law on banking., § 7b, paragraph 10, of the Act.
the savings and credit cooperatives and section 16a paragraph. 10, and section 16b, paragraph. 2
the law on the capital market business)
The content of the information intended for publication
§ 93
The contents of the data, which required a person publishes
and about myself, about) the composition of the shareholders or members, the structure of the consolidation
Unit, which is part of, on its activities and the financial situation of the
an individual basis, is shown in annex 10 of this order,
(b)) of the related relations between members of the consolidated Group, which is
part of it, and its management and control system, is given in annex No.
11 of this Decree.
§ 94
Content data on the types and range of investment services provided is
given in annex No. 12 of this Decree.
section 95
The content of the information published by the branch of the Bank from a Member State other than the
is given in annex No. 13 of this Decree.
Periodicity and time limits for public disclosure of information
section 96
(1) a person on a quarterly basis publish data referred to in annexes 10 and 12
of this order.
(2) a person who discloses information under part of the eighth
the regulation also publishes quarterly figures
and) pursuant to article 437 paragraph. 1 (a). and with the exception of full regulation)
matching items, filters, and deductions on the balance sheet within the audited
the financial statements and
(b)) (a) in accordance with article 438. (c) to (f))) Regulation.
(3) a person who discloses information about related
the relations between the members of the consolidated Group and the management and control
the system, year published data according to annex No. 11 of this Decree.
§ 97
(1) the required information as of the date the person discloses
and) 31. March, 30. June 30. September until 6 weeks after the end of the
the calendar quarter
(b)) 31. December until 4 months after the end of the calendar year.
(2) If a person applies as a mandatory accounting period of the marketing year
instead of the calendar year, you may publish the quarterly balance sheet
quarterly profit and loss statement and the ratios referred to in annex No.
10 of this order to the last day of each quarter of the marketing year,
and it
and) to 6 weeks after the end of the relevant quarter of the marketing year, and
(b)), by 4 months after the end of the marketing year.
(3) quarterly data on financial situation required a person publishes
together with the data for the 3 preceding quarters.
(4) at the same time with the data referred to in paragraphs 1 to 3 shall publish the required person i
the date of their publication. The first sentence shall apply, mutatis mutandis, also to the
supplement and correction of already published data.
§ 98
(1) a branch of the Bank other than the Member State publishes quarterly
information on the date of
and) 31. March, 30. June 30. September until 6 weeks after the end of the
the calendar quarter
(b)) 31. December until 4 months after the end of the calendar year.
(2) If a branch of the Bank of the Member State, other than the claims as
the accounting period of the marketing year rather than the calendar year, the
published quarterly balance sheets, quarterly profit and loss statement and the
ratios in accordance with annex 13 of this order to the last day of the
each quarter of the marketing year, and
and) to 6 weeks after the end of the relevant quarter of the marketing year, and
(b)), by 4 months after the end of the marketing year.
(3) at the same time with the data referred to in paragraphs 1 and 2 shall publish a branch of the Bank of
other than the Member State of the date of their publication. Sentence first
applies also mutatis mutandis to replenishment and repair of already published data.
The method and the structure of the publication of the data
§ 99
(1) a person publishes information referred to in the eighth section of the regulation, the law of
banks, law on savings and credit cooperatives, the law of
business on the capital market, and this order in Czech language on their
website in a folder marked "Mandatory under the common
released information ", in the form of neuzamčených data files
suitable for download in xls/xlsx format. Included in this folder
are at least the information referred to in the first sentence for the past 5 years, the last 5
annual reports and consolidated annual reports for the last 5, if the
the obligation to make it; These reports also contain financial statements
Certified Auditor.
(2) the person shall communicate, without undue delay, the Czech National Bank
the exact address of the website, which is provided for in
paragraph 1 available, and an update to this address. This address
mandatory person also reported in its annual report.
§ 100
(1) a branch of the Bank from a Member State other than the published required
information in English on its website in a folder under the
the common designation "Compulsorily released information", in the form of
neuzamčených appropriate data files for download, and in the format
xls/xlsx.
(2) a branch of the Bank other than the Member State without undue delay
the Czech National Bank shall communicate the exact address of the website,
that the information referred to in paragraph 1 are available, and an update
This address.
§ 101
If the data required for publication subject to reporting obligations
to the Czech National Bank, the required person is published in similar
the structure, which was used in the statements submitted by the Czech National Bank,
unless otherwise provided in the structure of the published data directly applicable provision
The European Union governing the disclosure of such data.
The contents of the data verified by an auditor
§ 102
(1) the content of the data on an individual or consolidated basis 31.
December, or on the last day of the marketing year for the publication of the
liable person, which are verified by an auditor, is given in annex No.
14 of this Ordinance.
(2) the person shall publish the information referred to in paragraph 1 in the Czech language to the
their website in a folder under the shared marking
"Compulsorily released information".
section 103
(1) the content of the information to the date of 31. December, or on the last day of the economic
year intended for the publication of a branch of the Bank from other than a Member State,
that are verified by the Auditor, is given in annex No. 14 of this
the Decree.
(2) a branch of the Bank other than the Member State shall publish the information referred to in
paragraph 1, in Czech language on its website in a folder
under a common designation "Compulsorily released information".
PART SIX
SOME OF THE INFORMATION AND DOCUMENTS SUBMITTED BY THE CZECH NATIONAL BANK
(Section 24 para 1 and 2 of the Act on banks, section 27, paragraph 1, of the law on
savings and credit cooperatives and section 16(1). 5 of the law on business
the capital market)
section 104
Information on the system of internal capital
(1) the information on the system of internal capital presents Czech
the National Bank required a person who according to the law on banking, the law on the
savings and credit cooperatives, or of the law on business
capital market fulfils the obligations relating to the internal
capital ^ 13).
(2) a person referred to in paragraph 1 shall inform the Czech National Bank on the
the system, which in the context of its management and control system has introduced and
maintained for the
and the establishment and continuous assessment) internally set capital needs
and
(b) planning and ongoing maintenance) internally set capital
resources in the amount, structure and layout, to sufficiently cover
the risks to which it is or might be exposed. Always inform about the
management and organizational prerequisites and the arrangement, procedures,
outputs and their use and control mechanisms of the system.
(3) the scope and detail of the information corresponds to the scale and complexity of the
the system of internal capital required of a person referred to in paragraph 1.
If the information about this system on a consolidated basis, compulsory
the person referred to in paragraph 1 shall indicate the data broken down by individual
persons who are a member of the same consolidated Group and are included in the
its system of internal capital.
(4) a person referred to in paragraph 1 shall inform the Czech National Bank on the
the system of internal capital for the past accounting period
no later than 30 June 2005. in April, agreed with the Czech National Bank otherwise.
If the nature of the matter otherwise requires, includes information about the system
internal capital plan information and the facts behind the
accounting period and on the plan of further maintaining internally set
capital ratios.
(5) a person referred to in paragraph 1 shall submit the information about your system
internal capital in paper and electronic form,
If you disagree with the Czech National Bank otherwise. The format of the data used in the
the presentation of this information in electronic form agreed mandatory person
referred to in paragraph 1, with the Czech National Bank.
§ 105
Information about transactions within a group
(1) a person shall notify without undue delay the Czech National Bank
the negotiation of the transaction of a value exceeding 1% of the balance sheet total required
persons, which means that the required person transferred credit risk,
which the person is exposed,
and mandatory) which is controlled by the person,
(b)) which controls the same person as the required person or
(c)) that controls the required person.
(2) the Transactions referred to in paragraph 1 shall in particular
and the acquisition of the assets of that) is not traded in an active market,
(b) the acquisition of the portfolio of receivables), which are not traded on an active
market,
(c) the acquisition of the securitised exposures),
(d) the granting of credit) syndikátního participation in the credit risk or
a similar business, or
(e) the provision of a guarantee or negotiation) credit derivative.
(3) if the transfer of credit risk on a mandatory person in
as a result of more related transactions, those transactions for
the purpose of the assessment of the value in excess of 1% of the balance sheet total persons required
in one transaction.
Section 106
Information about the structural changes
Mandatory person shall inform without delay the Czech National Bank on the
and the negotiation of the purchase of the business) of the plant, or any part thereof from the person
1. which is controlled by the person liable,
2. controlled by the same person as the required person or
3. which controls required a person
(b)) the negotiation, direct, indirect, or synthetic capital investment in
a person controlled by the same person as the person liable, if this
capital investment exceeds 10% of the capital of the person to which the
investment is directed, and
(c) a decision to take part in) the conversion of business corporations.
§ 107
Information about outsourcing
(1) If a person is required to ensure its important activities or to
their support is arranged by outsourcing, it shall inform in good
advance of the Czech National Bank. Part of this information is an overview of the
the following activities to be performed, and basic identifying information about
outsourcing providers.
(2) For the purposes of paragraph 1, the major activities of the means
and the activities of such importance) that lack or failure of their
the provision can have a significant impact on the ability of a person to meet mandatory
prudential rules or on the continuity of the performance of its activities,
(b)), the provision of activities is subject to the granting of permission to
the activities of the competent supervisory authority,
(c)), activities that have a significant impact on the risk management of the mandatory of the person,
(d)) risk management related to the activities referred to in points) to (c)).
(3) the person shall inform in good time the Czech national
the Bank of any material changes in the facts referred to in paragraph
1, and in particular of any change of the outsourcing provider, and change the nature,
the scope or complexity of the activity carried out in this way.
(4) On a branch of the Bank from other than a Member State, paragraphs 1 to 3
apply by analogy.
section 108
Information on approaches for the calculation of capital requirements
(1) a person who uses a standardized approach, shall inform the
The Czech National Bank without undue delay of registered credit rating
export credit agency or the Agency, which has opted for the purposes
the determination of credit quality.
(2) a person who uses an internal approach for the calculation of the volumes of
risk-weighted exposure amounts or for the calculation of capital requirements
other than the capital requirements for operational risk shall inform the
The Czech National Bank on the results of the calculations of their internal approaches for
their exposure or a position listed in comparative portfolios along with
an explanation of the methodologies used, and according to the status of 31. December
no later than 30 June 2005. in April of the following year, and in accordance with the
The European Union governing the submission of such information and comparisons
the portfolio ^ 14).
(3) a person who uses an external rating for the purposes of determining the
the credit quality of the securitised exposures, shall notify, without undue
the delay of your choice registered credit rating agency, the Czech National Bank.
(4) If a person intends to change the required one of the not yet used
approaches to calculating capital requirements or make changes in the
used internal access or an internal model, inform the
intent without undue delay, the Czech National Bank.
(5) On a branch of the Bank from other than a Member State, paragraphs 1 to 4
apply by analogy.
section 109
For information about the small business portfolio
(1) a person shall notify without undue delay the Czech National Bank
and options) on the use of imposing capital requirements to tools
in the small business portfolio as the sampled instruments
the investment portfolio and
(b) on completion of the procedure) under (a)).
(2) On a branch of the Bank other than the Member State (1)
apply by analogy.
section 110
Information about the risk of non-compliance with debt
(1) a person shall notify without undue delay the Czech National Bank
of all the repos and securities lending or borrowing or
commodities within the meaning of regulation ^ 15), for which there was a failure of the counterparty.
(2) On a branch of the Bank other than the Member State (1)
apply by analogy.
section 111
For information on changing the accounting period
(1) If a person intends to change the mandatory accounting period, inform the Czech
National Bank of this intent, without undue delay, however, at least 12
months before the planned change.
(2) On a branch of the Bank other than the Member State (1)
apply by analogy.
section 112
Information about foreign currency positions
(1) a person shall notify without undue delay the Czech national
the Bank, if
and) the absolute value of the net currency position required persons in any foreign
currency in Czech crowns or fixed under article 352 of the regulation
exceeds 15% of the capital required of the person specified on the individual
basis, or
(b)) the total net monetary position required persons provided for under article 352
regulation exceeds 20% of the capital required of the person established in the
an individual basis.
(2) On a branch of the Bank other than the Member State (1)
apply by analogy.
§ 113
Information on the remuneration of
(1) a person shall inform the Czech National Bank on the remuneration in the
the previous accounting period no later than 30 June 2005. June.
(2) information about the remuneration contains
and the number of workers with rewards) corresponding to the amount of eur 1 0000 0000
more for the accounting period,
(b) the inclusion of workers) work under (a)), broken down by
areas of business within the framework of the activities required of the person including the information about
job duties of these workers,
(c) the basic structure) data on the individual remuneration of personnel according to the
(a)), broken down by area of business activities in the framework of the compulsory
of the person.
(3) On a branch of the Bank other than the Member State, paragraphs 1 and 2
apply by analogy.
section 114
For information about changing a person in management key features
(1) If the person carries out the required amendment of the person in the management key features
shall inform without delay the Czech National Bank. Part of the
the information is
and the exact functions) which,
(b) clarification of the change;) This does not apply, as regards the amendment by
solely on the initiative of the person from the Office,
(c)) the basic identifying information about both the persons concerned, and
(d)) the term changes and any other relevant information to the notified
change.
(2) On a branch of the Bank other than the Member State (1)
apply by analogy.
section 115
Information about operations with selected risk counterparties or
geographical areas
(1) if the mandatory person in the framework of its activities has concluded arrangements or
another form is active against the opposing party or in the country, which are or
could be considered as non-transparent or otherwise potentially
risk, including offshore centres [section 18, paragraph 2 (b), (f))],
shall inform without delay the Czech National Bank. This also applies
in the event that the activities required of a person for the client or his
request.
(2) part of the information is
and the identification of the counterparty or the State), of which, as
(b) a concise description of the notified activity),
(c)), specify whether it is a custom activity required of the person or activity of the
the initiative of the client, and
d) time and any other relevant information to the notified activity;
If it's relevant, is part of the notification
1. at least the framework of quantifying the scope of activities,
2. at least the conceptual assessment of the risks associated with the activity and
3. basic information about the person or persons directly involved or with the
Another important link to the notified activity.
(3) On a branch of the Bank other than the Member State, paragraphs 1 and 2
apply by analogy.
section 116
Information on the possible significant risk to reputation
(1) a person shall notify without undue delay the Czech national
the Bank, if the record can be a significant threat to reputation, which has, or
could have an impact on the performance of the activities required of the person.
(2) a person shall notify without undue delay the Czech National Bank
about
and) significant criminal activity, which may endanger or endangers the performance of
its activities, and
(b) a significant trend in the area) the fight against legalization of criminal incomes
the activities and the financing of terrorism.
(3) the information referred to in paragraphs 1 and 2 is a concise description of
of the phenomenon and its key material, time, and other characteristics.
If it's relevant, is part of the description, at least the framework of quantification
imminent or already resulting from the adverse financial impact
of the phenomenon and the basic information about the person or persons in relation to the
device phenomenon.
(4) On a branch of the Bank from other than a Member State, paragraphs 1 to 3
apply by analogy.
PART SEVEN
TRANSITIONAL AND FINAL PROVISIONS
section 117
Mandatory person shall state its legal and internal ratios in accordance with the requirements
According to § 11 and 29 to 5. September 2014.
§ 118
Data by State to 30. June 2014, the Commission shall publish the required person and branch
Bank of a Member State other than in accordance with the provisions of part five
Decree No. 23/2014 Coll., on the performance of the activities of banks, savings and
credit unions, and securities traders, as amended effective June 30.
June 2014.
section 119
Decree No. 23/2014 Coll., on the performance of the activities of banks, savings and
credit unions, and securities traders is hereby repealed.
§ 120
The effectiveness of the
This Decree shall take effect on the date of its publication.
Governor:
Ing. Singer, Ph.d., in r.
Annex 1
For a more detailed definition of certain requirements for remuneration
The scope of the
1. Mandatory person applies
and the General and other policies) pay on the total remuneration system
required people to pay all workers,
(b)) the specific policies and procedures to selected areas of the total remuneration
the system of remuneration of the person required to pay at least the selected
the staff and workers groups made up by them, whose activities have
a significant influence on the overall risk profile of the mandatory of the person (hereinafter referred to as
"selected"), unless the application of the procedures referred to in points 13 to 20
It was not a reasonable impact of selected worker or group of selected
workers on the overall risk profile of the mandatory of the person; the provisions of point (a)
(c)) shall remain unaffected; for the introduction, maintenance and application of the criteria for
determining the selected workers corresponds to the required person.
(c) the status of mandatory) if the person on the relevant market, the
mandatory person mutatis mutandis all the specific policies and procedures that
the status of the person is required for these purposes be deemed significant, always
If the proportion of the total balance outstanding of all mandatory persons on the
the market reaches or exceeds 5%.
2. remuneration Policy referred to in point 1 a mandatory person in an appropriate manner
When the remuneration of the other legal or natural persons, if
in fact, operate for the required person and this activity has
a significant influence on the overall risk profile of the required person or whose
remuneration is similar as for selected workers provided for under point 1 (a). (b))
points 2 and 4, and regardless of the legal relationship with the person liable, the legal
the form and the geographical location.
The General principles of the remuneration
3. remuneration policy and procedures
and the proper and effective) support risk management and are in accordance with it,
(b)) don't encourage the risk-taking beyond the extent of risk accepted
required by the person,
(c)) are in accordance with the strategy, objectives, values and long-term interests of the
mandatory of the person,
(d) measures to forestall) include conflicts of interest in connection with the
remuneration and
e) ensure that the variable component of the remuneration as a whole do not restrict the ability of
persons required to strengthen capital.
Specific policies and procedures of the remuneration
Selected assumptions and the arrangement of the total remuneration system
4. The inspection body shall be approved and periodically evaluates the policy summary
pay selected employees or groups; This activity
It considers the specific control activities of the supervisory authority.
5. Application of the principles of the remuneration of the workers or their selected groups
at least once a year subjected to the total independent internal
examination for compliance with the overall principles of the remuneration
selected groups of workers, approved by the control authority.
6. Without prejudice to the provisions of other laws, policies,
pay selected employees clearly distinguish between the criteria for
the determination of the
and the fixed part of the remuneration) base, which should in particular reflect the relevant
professional experience and job description of the worker, and
(b)) of the variable component of the remuneration which should reflect sustainable performance
mandatory of the person, take into account the risks and performance above and beyond what is
required to meet the description of the work of the selected employee.
7. The staff of the internal control functions shall be remunerated according to the
the objectives established for the control function, independently of the
the performance of the departments they control.
8. The remuneration of the workers in the management of the performance of the risk management function, the function
the internal audit and compliance function is under the direct supervision of the Committee for
remuneration, or the inspection authority.
Performance measurement in the context of the remuneration
9. If the performance rewards
and the total remuneration is) based on a combination of assessment of individual
work performance and the performance of the Department s assessment
the overall results of the mandatory of the person,
(b)) in the evaluation of the individual performance of work shall take account of the financial
and non-financial criteria
c) performance evaluation is based on a multiannual basis, so that
ensure that the remuneration is based on the longer-term
the results and that the release of parts of the variable components of remuneration based on the
performance evaluation is spread over the period, which takes account of the length
business cycle required the person and related risks, and
(d)) for the purposes of performance measurement procedure the calculation of the variable component of the remuneration
or the moving components of the remuneration as a whole includes adjustments that
taking into account all types of existing and future risks and costs
ensure the required capital and liquidity.
The form and structure of the remuneration
10. the fixed and the variable component of the total remuneration of the worker selected are
appropriately balanced; the fixed component is large enough to share
the total fees to be applied fully flexible approach to
moving the rewards, including the possibility of a variable component of remuneration
doesn't do. Mandatory person establishes an appropriate ratio between fixed and floating
component of the remuneration individually for each person or group of persons,
with:
and does not exceed the variable component) for any individual 100% fixed
the folder its total remuneration, unless the shareholders or members of the compulsory
the person shall approve a higher maximum level the ratio between fixed and floating
component of remuneration, provided that the overall level of the variable components
any individual shall not exceed 200% of the fixed component of its total
rewards, and
(b) the person may apply) for the purposes of calculating the amount of the variable component
Rewards discount rate up to 25% of the total volume of the variable components
rewards for any of the individual, provided that it is paid
through tools that are deferred for a period of at least 5 years.
11. A higher proportion of fixed and variable components of total remuneration in accordance with section 10
(a). and) is approved the following procedure:
and the partners or members) required of the person acting on the basis of a detailed
the recommendations drawn up by the liable person, containing the reasons for the
the required approval and its scope, including an indication of the number of the selected
workers will be covered, their functions, and the expected
the impact of the requirement to maintain orderly capital,
(b)) the members of the mandatory of the person acting at least 66% majority
provided that it is represented at least 50% of the shares or the equivalent
ownership shares, or in the case of failure to comply with this condition, Act
75% majority of the represented shares or ownership shares,
(c)) person in sufficient time to inform all
members of the mandatory of the person that will ask for consent
proposal under item 10 (a). and)
(d)) shall immediately inform the person of the Czech National Bank on its
recommendation to the shareholders or members and the proposed higher maximum
the ratio of fixed and variable components of the total rewards and its rationale and is
able to the Czech National Bank show that the proposed higher ratio is not in
conflict with the obligations required of the person under this Ordinance or the regulations,
with regard, in particular on capital requirements,
(e)) shall immediately inform the person of the Czech National Bank on the decisions
adopted by its members, including any higher
maximum ratios according to point 10 (a). and) that have been approved,
f) selected staff, which referred to a higher maximum level
the variable component of the remuneration in accordance with section 10 (b). and directly concerned, should not)
Alternatively, directly or indirectly, to apply when the related discussions
any voting rights that may be associates or members of the
mandatory of the person; mandatory person for these cases adjusted in its articles of Association
rules for the assessment of the ability of the general meeting or the Member meeting
a quorum.
12. The allocation of the moving components of the remuneration of staff takes into account selected
all types of existing and future risks.
13. Entitlement to a substantial part of the variable component of the remuneration,
at least 40%, is delayed for at least the next 3 to 5 years; the length of the
the period is well established with regard to the nature of the business required a person
its risks and the activities of the selected employee. Shall be entitled to
delayed part of the variable component of the remuneration cannot be granted faster than on the
proportional basis to the total length of the periods into which it returns
the claim of a substantial part of the variable component of the remuneration oddáleno. In the event that the
part of the variable components of remuneration is achieved an extremely high volume,
oddáleno entitlement at least equal to 60% of this volume.
14. A substantial part of it, but at least 50%, oddálené 50% neoddálené
the variable component of the remuneration of the selected employee, is made up of an appropriate
a combination of
and) capital instruments or other assets in accordance with the legal
forms required of the person, the tools related to equity instruments
or, in the case of a person that has not issued equity instruments adopted by the
to trading on a regulated market, other non-monetary instruments, and
(b)) if appropriate, of the instruments referred to in articles 52 or 63 or regulation
other tools, which can be fully converted into instruments of equity capital
tier 1 or write off and that always duly accordingly
take into account the credit quality of the mandatory of the person, taking into account the principle of
the permanent functioning of the mandatory person in the financial market in accordance with
the subject and plan its activities and are accordingly
applicable for the purposes of the variable component of the remuneration.
15. the instruments referred to in section 14 shall be for a reasonable period in accordance with the principles of compulsory
the persons held to be the motivation of the selected personnel is consistent
with the long-term interests of the mandatory of the person.
16. the instruments referred to in point 14, issued the required person or person with a narrow
link with no additional tools that are not considered appropriate
way to take due account of the credit quality of the mandatory person in
taking into account the principle of permanent operation of the mandatory person in the financial market in the
accordance with the subject and plan its activities, unless the person is mandatory
able to prove otherwise.
The variable component of the remuneration limits
17. the right of the variable component of the remuneration or any portion
granted only if it is sustainable, given the overall financial
the situation required the person and performance of the Department concerned and justified
individual work performance of the selected employee. In
otherwise, the claim, or shall be granted only in limited
the range.
18. Mandatory person takes measures to allow it to withdraw already
granted, a variable component of remuneration or any part thereof and require the
back already paid a variable component of remuneration; the provisions of other
without prejudice to the legislation.
19. In the case of adverse financial performance, or its decline is
total variable component of remuneration substantially reduced, including the application of the
the measures referred to in points 17 and 18, both in the current remuneration and
rewards for the previous period.
20. The mandatory person lays down specific criteria for the use of the system
the rejection of, or the whole of the claim to remuneration and rearview requiring
remuneration already paid. The following criteria shall apply in particular to the situation, when
selected worker
and participated in or bore) of the responsibility for the negotiations that led to the
significant losses required a person
(b) to comply with the appropriate standards of trust), vocational
competence and experience.
Special pension benefits
21. The principle of providing any special pension benefits,
provided by the selected workers outside the framework of any area
the program mandatory for workers, including the possible occupational
insurance, are in accordance with the strategy, objectives, values and
long-term interests of the mandatory of the person. Special pension benefits
are not considered contributions under occupational pension schemes,
supplementary pension insurance with State contribution, the supplementary pension
savings, pension insurance or similar normal posts
for the staff of the mandatory of the person. Special pension benefits are part of the
the variable component of the remuneration. If the worker
and leaves before the onset of) entitlement to a pension, the special pension benefits will be
required by the person oddáleny for 5 years in the form of the instruments referred to in section 14,
b) reaches the entitlement to a pension, his pension will be granted special benefits
in the form of the instruments referred to in point 14 and required the person will be required is 5
years to hold.
To prevent possible circumvention of the purpose of regulation of remuneration
22. The variable component of the remuneration is not paid in the form of tools, or,
that would allow circumvention of the requirements of this Ordinance or of any other
the legislation.
23. Mandatory person contracted to undertake the selected workers to exert
insurance or other hedging strategies associated with their remuneration
or responsibilities that might jeopardize or limit the effects of the risk-
elements of remuneration policy-oriented.
24. The variable component of the remuneration which is guaranteed regardless of performance,
is granted exceptionally and only in the event that the required person keeps
sufficient capital equipment, and it is only with respect to the acquisition of
new selected workers; This method of compensation is limited to the
the period of the first year after the onset of the new selected worker.
25. the contractually guaranteed variable component of remuneration does not correspond to the proper management of
the risks nor the principle of pay for performance, and therefore is not included in the future
remuneration plans.
26. the redundancy provided by selected personnel in connection with the
early termination of the relationship reflects their performance achieved during the
of the period and is designed in a way that doesn't reward failure.
27. The reward, which is associated with the replacement or payment from the contract in the
the previous post is in accordance with the long-term interests of the mandatory of the person,
including detention, suspension, performance and the provisions on withdrawal of granted
the variable component of the remuneration or paid.
Other remuneration policy
Special provisions for compensation in the case of public aid
28. If a person is required given the extraordinarily public support,
and a variable component limits the percentage) of parts of their net
revenue, so that it was in accordance with keeping the capital and in a timely
the termination of the provision of public support,
(b) the total remuneration system re-examined) so that, in accordance with the ordinary
risk management and long-term growth, and, if appropriate, lay down limits
the remuneration of the head of the authority, and
(c) the head of the authority is granted by the members) of the variable component of the remuneration only if
If it is justifiable.
Annex 2
For a more detailed definition of certain requirements for activities and committees
the supervisory authority
General provisions concerning committees
1. a person Required to ensure that the Committee is composed of the supervisory authority
non-executive members of the supervisory body, unless the law provides for the
otherwise.
2. the Committee on the activities of the supervisory authority, and other persons may participate in the
the Committee members, if it is appropriate and required the person shall ensure that,
that such an arrangement is clearly established, it cannot be
conflict of interest or domination or other undesirable influence decision making
non-executive members of the Committee and information on this fact is appropriately
available, and the public.
The remuneration Committee
3. a person Required to ensure that the members of the remuneration Committee are
sufficiently technically competent and experienced, in particular, to ensure
a competent and independent assessment of remuneration policies and procedures and proposals
motivational incentives for risk management, capital and liquidity.
4. The competence of the Committee for the preparation of proposals on the remuneration is the decision of the
relating to the remuneration, including those that have an impact on the risks and
risk management required the person received the mandatory control body of the person.
In the preparation of these decisions take into account the remuneration Committee to
the long-term interests of the shareholders or members of the mandatory people, investors and
other interested parties and to the public interest.
5. If you are in the control of the institution represented in accordance with other
the law required the person compulsory staff person shall ensure that the
a member of the remuneration Committee is one or more of the employees ' representatives.
The Committee for risk
6. the members of the Committee for risks are sufficiently technically competent and
experienced, so that they can fully understand and follow a strategy in the field of risk
and access required people to risk-taking.
7. the Committee shall be exercised in particular risks for the following activities:
and) provides advice to the inspection authority for the total current, and
the future of the person approach required for the risk of its strategy in the area of risk
and the accepted level of risk and control authority to assist it
carried out by the control over the implementation of the strategy by the persons in the high
leadership; the total liability of the management authority for the risks that does not affect;
and
(b) examine whether the valuation) of the assets, liabilities and off-balance sheet items
projected to offer clients fully takes into account the business model required
of the person and its strategy in the area of risk. If the projection of the risks to price
It is not in proper compliance with the business model and strategy required a person
in the area of risk assessment, the Committee shall submit to the supervisory body for risk plan
seeking to remedy the situation.
8. The inspection authority and the Committee for the risks they have adequate access to
information on the risk situation of the person required to control risks and to
to promote external consultancy services, if it is appropriate and necessary.
9. The inspection authority and the risk Committee shall determine the nature, volume, and format
the frequency of information concerning the risk assessment, which shall require.
10. The inspection authority and the risk Committee, in order to contribute to the implementation of
proper policies and procedures, review paid, without prejudice to the
the tasks of the Committee for remuneration, whether the incentives provided for in the overall system
remuneration shall take into account the risks, capital, liquidity and the likelihood and
the timing of the anticipated gain mandatory of the person.
The Nomination Committee
11. Members of the Committee for the appointment are sufficiently qualified and professionally
experienced, to be able to objectively assess the credibility of professional
competence and experience for selected personnel or potential
workers required persons.
12. The Nomination Committee carries out the following activities in particular:
and identifies and proposes to) the approval of the supervisory authority, the general meeting of
or membership meetings of candidates for vacant posts in the leading authority
mandatory of the person. While the Nomination Committee also assesses the balance
professional competence and experience and the diversity of the composition of that body
as a whole. The Nomination Committee will propose a description of the activities and capabilities
required for a specific function and estimates the estimated time range
liabilities related to the performance of functions; the Nomination Committee also recommends
target representation of the less represented sex in a given authority and policy
How to increase the number of representatives of the less represented sex in a given authority to
to achieve the objective;
b) regularly and at least once a year, evaluates the structure, size,
the composition and activity of the head of the authority and shall submit to the supervisory body
recommendations for any changes,
(c)), regularly and at least once a year, assesses the credibility of professional
competence and experience of each Member of the head of the institution and the head of the
the authority as a whole and serves the inspection authority of this evaluation report
and
(d)) shall periodically review the policy of the head of the authority in matters of selection and
the appointment of the persons in the top management and to submit a recommendation to the inspection
authority.
13. The inspection authority and the Committee for the appointment of the interim fulfilment of their
obligations on exercise, to the fullest extent their activities for
the purpose of that decision of the head of the authority and the Committee of the neovládala only
a person or a small group of people in a way that was damaging to the interests of the mandatory
of the person.
14. The inspection authority and the appointment of the Committee have the opportunity to use all the
the kinds of resources that they deem appropriate, including external advice, and
for this purpose available to them sufficient financial resources.
15. The inspection authority and the Committee for the appointment and assessment of the
the members of the steering body of the mandatory of the person taken into account sufficiently wide range of
the properties and capabilities of persons and for this purpose are implemented also
approved the principles required of a person that supports the diversity within
of the competent authority.
Annex 3
For a more detailed definition of certain requirements for credit risk management
System for the implementation of the trades
1. Mandatory person shall Institute and maintain the system for the implementation of the trades, so that
were limited to those subjective aspects of the decision-making process, which
do not contribute to the quality of this process.
2. a person Required to ensure that persons with a special relationship to the
are negotiated on the basis of the conditions customary in the market.
3. a person Required to ensure that information is available, that will allow her to
even before the negotiation of trade to assess the financial and economic situation
(credibility) of the opposing party, and even in the case of syndicated loans, participation
on credit risk, structured products and similar stores.
Required the person to negotiate trade without disables assessment of the creditworthiness of the counterparty.
4. a person Required to ensure that each store is assessed with regard to its
the amount and complexity.
5. a person Required to ensure that in the framework of the system for the implementation of the
the shops are, depending on the type of product and the type of counterparty
assessed, and the time horizon, taking into account the maturity of the exposure,
in particular, the
(c)) the financial and economic situation of the counterparty,
(d)) the purpose of the implementation of the trade,
(e) the source of the repayment period, including a proportion of) the exposure value to revenues of the counterparty
and including an assessment of persistence and binding of these revenues,
(f) the quality and adequacy of collateral),
(g)) the situation in the economic sector of the counterparty; If the exposure is secured
property by ensuring mandatory shall examine the person also ratio values
exposure to the value of the collateral,
h) macroeconomic conditions in the State of residency of the counterparty, including phases
the economic cycle,
I) conditions under which the business is to be carried out,
(j)) applicable law, especially if it is about foreign legislation and
to a specific funding), in case the assets ratio also own resources
used by the counterparty to the value of this asset.
6. Mandatory person in managing the credit risk mitigation techniques used and
limiting this risk tools, including reinsurance, with the understanding that the use of
These techniques and tools cannot replace the evaluation of financial and
the economic situation of the counterparty, it cannot be in the assessment of the counterparty
considered a replacement source of repayment of the exposure, or zohledňováno in the
internal rating of the counterparty. The assessment referred to in paragraph 5, it is evident
that exposure will be paid properly and on time, without satisfying the
of collateral.
The system of measurement and monitoring of credit risk
7. Mandatory person has such a system for the measurement and monitoring of credit risk,
which is proportionate to the nature, scale and complexity of the activities, will underpin
all the major sources of credit risk and allows you to evaluate the impact on the
income and expenses and the value of the assets, debt and off-balance sheet items
so, in order to provide pristine picture of the extent of risk podstupovaného.
8. a person Required to ensure that its system of measurement and monitoring of the credit
risk allows, in particular,
and, in a timely manner) accurately and completely recorded all the shops so that the
address all associated with them out of credit risk,
(b)) was to evaluate all significant sources of credit risk,
(c) tracking) to establish exposures to groups of connected economically and
(d)) to measure credit risk summary for all business units and
compare the degree of podstupovaného of risk limits approved by the internal
in the appropriate time period with regard to the size and nature of the podstupovaného
risk and regulatory limits.
9. a person Required to ensure that its system of measurement and monitoring of the credit
risks resulting from negotiated deals on ensure, in particular,
and the financial and economic) monitoring the situation with regard to the type of counterparty
deals agreed with the counterparty,
(b) monitoring of compliance with the conditions of the Treaty) of the counterparty,
(c) monitoring of the value of the collateral valuation),
(d) monitoring of current problems) which immediately require corrective
measures, and
(e) the adequacy of the amount) monitoring provisions and reserves.
10. Mandatory person shall also ensure that the
and) personnel, including those in top management and the relevant
committees, if established, shall mean the assumptions from which the system
the measurement and monitoring of credit risk, and
(b)), from which the system's assumptions is based are sufficiently
documented.
Limits for credit risk management
11. Mandatory person takes and keeps the system limits for credit management
the risks and the procedures for their implementation and compliance to ensure that
not to exceed the rate of credit risk accepted by the managing authority,
where appropriate, the Executive Committee, on which the managing authority this competence
delegated, or provided for to the competent supervisory authority. For this purpose,
in particular, the
and) will ensure that the system of limits and the procedures used to measure and
credit risk monitoring are integrated and linked and set of limits
takes account of other risks, which is or may be exposed, particularly
market and liquidity risk,
(b) ensure the adequacy of the system limits) due to its size,
organizational arrangements, the nature, scope and complexity of the activities,
capital and capital requirements. Depending on the following factors
provides for partial limits, for example for each counterparty, individual
States, geographical area or for each activity;
(c)) shall ensure that the minor levels of credit risk are used to
not to exceed the total accepted measure of credit risk and
(d) take into account when setting limits) position resulting from the total
the structure of assets, debt and off-balance sheet items.
Annex 4
For a more detailed definition of certain requirements for the management of market risk
The system of measurement and monitoring of market risk
1. Mandatory person has such a system for the measurement and monitoring of market risk,
which is proportionate to the nature, scale and complexity of the activities and that
will underpin all the major sources of market risk and allows you to evaluate
the impact of changes in market rates and rates on income and expenditure and on the value of the
assets, debt and off-balance sheet items to provide pristine
picture of the extent of risk podstupovaného.
2. a person Required to ensure that its system of measurement and monitoring of market
risk allows, in particular,
and, in a timely manner) and record all transactions, so that
address any associated out market risk,
(b)) these transactions properly appreciate. For these purposes it is necessary to use the
the valuation carried out independently of the commercial activities (services).
Mandatory person has established procedures for the valuation, including the
1. the detailed identification of the sources of data for revaluation and
2. method of determining the market price;
(c) to capture all of the relevant sources) market risk of all transactions
and evaluate the impact of changes in market rates and rates are appropriate
to the nature, scale and complexity of transactions,
(d) provide for the aggregation of individual method) positions, so that in the aggregate
There has been no substantial distortion of the podstupovaného risks, including
establishing the number of inappropriate bias or length of time zones in the gap
(differential) analysis, and that all important positions and cash flows
sensitive to market risk were covered by the system in a timely and coherent manner,
e) to measure market risk summary for all business units and
compare the degree of podstupovaného of risk limits approved by the appropriate
time period with regard to the size and nature of the risks and podstupovaného
the regulatory limits and
(f)) to measure the interest rate risk in each currency in which the person has a mandatory credit
sensitive position, separately. If the interest rate risk is measured in two or
multiple currencies together, this procedure is necessary to justify a significant
correlations, currencies, by mandatory person in these currencies has negligible
activities or other facts, and clearly establish the conditions for the
where such a procedure is possible.
3. Mandatory person shall also ensure that the
and) personnel, including the relevant persons in the high management and the
the members of the relevant committees, if established, shall mean the assumptions of
which system of measurement and monitoring of market risks is based on, and
(b)), from which the system's assumptions is based are sufficiently
documented.
Limits for market risk management
4. Mandatory person takes and keeps the system limits for market management
the risks and the procedures for their implementation and compliance to ensure that
not to exceed the level of market risk accepted by the managing authority or
laid down by the competent supervisory authority. For this purpose the required person
in particular, the
and) will ensure that the system of limits and procedures used for the measurement monitoring
market risks are integrated and linked and set of limits takes into account the
other risks, which required the person is or may be exposed,
in particular, credit and liquidity risk,
(b) ensure the adequacy of the system limits) due to its size and
the way of management, the nature, scope and complexity of the activities, and capital and
capital requirements. Depending on these factors provides for partial
limits, for example, for each of the business units, or portfolio
specific instruments;
(c)) shall ensure that the components of market risk limits are used to
total not exceeded the accepted measure of market risk,
(d) take into account when setting limits) as position resulting from the daily
trading, so position resulting from the overall structure of the assets, debts and
off-balance sheet items, and
e) limits to limit the constructs the impact of potential changes in
market risk factors on the income and on the value of the assets, debts and
off-balance sheet items, that takes into account the speed with which it is
Unable to close their positions.
Market risk stress testing
5. Mandatory person performs stress testing for impact assessment
the extremely adverse market conditions. Mandatory person takes these
the results into account when determining and verifying the reliability of procedures and
limits for market risk management, so that the losses incurred in the
as a result of adverse sharp changes in market conditions, do not cause
her inability to or involved in its capital ratios under
fixed level.
6. the person shall ensure that the Required stress testing is carried out on the basis of the
stress scenarios. In the formation of stress scenarios required a person
It takes into account your risk profile in the area of market risks, in particular
the size and structure of the business portfolio and the factors against which change
is or could be the most vulnerable.
7. the person shall ensure that the Required
and regular stress testing) implementation, taking into account the
the size, structure and nature of the business portfolio,
(b) verification of the validity of the assumptions) regular stress scenarios with
regard to the changing conditions on the market, or within the mandatory of the person. Changes
assumptions are the stimulus for editing scenarios and subsequent implementation
stress tests;
(c) submission of the results of the stress tests) persons in the top leadership, to
the scope of the risk management belongs.
Annex 5
For a more detailed definition of certain requirements for liquidity risk management
Measurement and monitoring of liquidity risk
1. For the purposes of liquidity risk management is required, the person reasonable procedures
measuring and monitoring the liquidity position so that it is possible to specify the steps
mandatory of the person required to manage liquidity risk.
2. Mandatory person shall ensure that the procedures of measurement and monitoring of liquidity
position, in particular, allow:
and the measurement and comparison of the inflow) and the outflow of funds,
(b) the expected net) monitoring cash flows on a daily basis for
period of at least 5 working days in advance, the Assembly calendar a maturity
and the calculation of the liquidity position with regard to the contractual maturities.
If the person required to be classified into zones of assets with a shorter maturity than would
match the actual maturities of these assets, provides for these assets
the system of precipitation, which will reflect the market risk associated with the rapid
the sale of individual assets. If the person required to be classified into obligations
zones with a longer maturity than the actual due dates of these
debts, is able to demonstrate the legitimacy of such movements.
3. Mandatory person shall also ensure that the
and) personnel, including the relevant persons in the high management and the
the members of the relevant committees, if established, shall mean the assumptions of
which system of measurement and monitoring liquidity risk, and
(b)), from which the system's assumptions is based are sufficiently
documented.
Liquidity risk management in each of the major currencies and limits
4. For the purposes of liquidity risk management in each currency has a mandatory
person for the measurement, monitoring and control of liquidity required
persons in any of the major currencies, with whom he works.
5. If required, the person shall finance the assets held in one currency obligations
held in a different currency, analyzes the market conditions which may affect the
her access to the foreign exchange market, the possible conditions of exchange one currency for another
in various situations, and other conditions that may affect its
access to resources in the desired currency.
6. Depending on the volume of activities in the various currencies required a person
sets limits for liquidity risk management, both collectively for
all currency, as well as individually for each major currency that
works.
7. In determining the limits of mandatory person shall take into account also the impact of possible
non-standard conditions or exceptional circumstances of crisis.
Management of financial resources and access to the market
8. Mandatory person sufficiently conditioned and diversifies your financial
resources. For this purpose, in particular,
and creates and maintains the) regular contacts with major creditors, with
correspondent banks and other major trading partners and
clients,
(b) the degree of reliability of the individual) financial resources
(c) monitors the various financing options) of its assets and the development of these
options and
(d) monitors and maintains the option) access to the market for the sale of their
assets.
Scenarios for liquidity risk management
9. Mandatory person lays down the prerequisites for each scenario development
the volume and structure of assets, debt and off-balance sheet items and other
important factors for liquidity risk management scenarios, which, in particular,
include
and)
1. the volume of assets due to, and is able to recover,
2. the anticipated increase in volume, the most important asset and
3. the categorization of individual assets in terms of liquidity,
(b))
1. the volume of debt, including the definition of the usual levels of renewal due
debt and the normal growth of new deposits and
2. the average maturities of deposits and similar instruments to sight based
on historical experience,
(c) examination of the brain) of financial flows by means of credit commitments,
guarantees and letters of credit, fixed futures contracts and options and
(d)), other important factors that need to be taken into account when drawing up and
authentication scenarios for liquidity risk management, in particular the liquidity needs
associated with some of the activities required of the person and the activities of its clients
and other persons, including the settlement of trades for clients and other persons or
correspondent banking services.
10. the person shall ensure that Mandatory screening of the correctness of the assumptions, scenarios
liquidity risk management with regard to changing internal or external
the conditions; examination of the correctness of the assumptions of alternative stress
scenarios carried out mandatory person at least once a year. Changes in assumptions
are the stimulus for editing scenarios.
A contingency plan in case of liquidity crisis
11. a person Required to ensure that a contingency plan in case of crisis
liquidity provides, in particular,
and) ensuring accurate and timely information flows within the compulsory
persons, including the establishment of relevant events,
b) clear definition of the competencies and powers within the mandatory of the person,
(c) the possible ways of influencing the development of) assets, debt and off-balance sheet
items,
(d)) method of communication with major creditors, business partners,
other persons, clients and the public in the implementation of this strategy and
e) specification of additional backup sources of funding beyond the liquidity
reserve.
12. The mandatory person in appropriate time the periodicity of testing
feasibility and functionality of the contingency plan.
13. the person shall ensure that the Required updating the contingency plan with regard to the
changing internal or external conditions and the results of the testing plan.
Annex 6
For a more detailed definition of certain requirements for operational risk management
Operational risk management system
1. Mandatory person takes and maintains a system of operational risk management,
which is proportionate to the nature, scale and complexity of the activities and provides
at least
and the definition of operational risk)
(b)) of the principles and objectives of operational risk management,
c) operational risk management procedures,
(d) the scope, powers and) information flows in operational risk management
on all of the management and organizational levels,
e) information about significant events and losses incurred as a result of
operational risk,
(f) peace accepted operational risk) and
(g)) of any outlet of operational risk outside the mandatory person.
2. Mandatory person regularly evaluates and adjusts the system where appropriate,
operational risk management.
Recognition, evaluation, monitoring and reporting of operational risk
3. Mandatory person identifies the sources of operational risk.
4. a person Required to ensure that evaluation and monitoring of the operating
the risk is incorporated into its normal processes.
5. Mandatory person regularly evaluates and monitors the potential impact and
potential losses resulting from operational risk event.
6. Mandatory person shall ensure regular information to the appropriate personnel
about podstupovaném the operating risk associated with their activities
(reporting of operational risk).
Reducing operational risk
7. Mandatory person adjusts the degree of podstupovaného of operational risk
the application of appropriate methods of reducing the occurrence of or adverse impacts
the occurrence of operational risk events.
8. Mandatory person assess the risks, so the risks are very standing
beyond its direct effect, and shall decide whether to adopt the risk, reduce their
the possible effects, or that restricts or completely stops the activity.
9. For reducing operational risk required the person takes and also maintains a
the procedures for the
and management approaches, staff) of clients and other authorised persons to
tangible and intangible fixed assets required a person
(b) a response to a possible solution) the occurrence of security incidents and
(c) operational risk) solution, including risk models, risk, legal, and
compliance, in ensuring the supply of goods and services and outsourcing,
If the person is liable or considered to be applied, unless the risk is
outsourcing internally defined and managed as a separate risk
category.
Contingency planning
10. Mandatory person shall Institute and maintain contingency plans for cases of
the unscheduled interruption or restriction of their activities, failure to
the required person significant third parties or a failure of the outer
infrastructure.
11. Mandatory person lays down in the contingency plans at least this
measures:
and the activities of the following immediately after) the emergence of a crisis situation aimed
to minimize the damage,
(b)) the following activities after the crisis focused on the disposal of
the consequences of crisis situations,
(c)) how to back up, if it is relevant,
(d)) way to ensure safe operation, with an indication of the minimum features
which are retained, and
e) recovery activities, including activities undertaken by third
persons.
12. a person Required to ensure that appropriate personnel are
the emergency plans of the familiar and follow them.
13. a person Required to ensure that the contingency plans are regularly
tested, evaluated and, if appropriate, updated.
Information systems and technology
14. for the purposes of this section and sections 15 to 21 means
and) information system a partial functional unit, ensuring the acquisition,
storage, handling, processing and provision of information by using the
information technology,
(b)), information technology hardware and software. Technical
equipment means tangible technical computing resources and communication
techniques. Software means the programs, procedures, and
the rules necessary to ensure that the relevant technical equipment fitted
the desired function;
c) asset information system, information technology, information
stored in the information system and documentation information system,
(d) the authorisation of the user authentication process) his identity,
(e) authorization of the user authentication process) his access rights on
the basis of authentication,
(f) the confidentiality of the information) to ensure that information is accessible only to the
a user who is authorized to access
(g)) availability of the information to ensure that the information is for authorized
the user accessed in the specified time,
(h) ensure the integrity of information) the accuracy and completeness of the information and
the method of processing.
15. a person Required to ensure that the information systems security policy
contain
and the objectives of security of information systems),
(b)) the main policies and procedures to ensure the confidentiality, integrity, and
the availability of information and
(c) the scope and powers of the) field of the protection of assets and the performance of
information systems security policy.
16. The mandatory person shall ensure compliance with the security policy in
the individual information systems.
17. a person Required an analysis of the risks associated with information
systems. It defines the assets of information systems, the threats to them
, the vulnerabilities of the information systems, the probability of
implementation of threats and an assessment of their effects and countermeasures. Required a person
regularly update the analysis of the risks associated with information
systems.
18. In the area of security of access to the information required, the person shall ensure that the
and the allocation of access rights to users) in information systems,
(b)) a unique user authentication, which is preceded by its activities in
information systems,
(c)) access to information in information systems, only the user who
for this approach was authorized,
(d)) the protection of the confidentiality and integrity of authentication information,
(e)) the recording of events that threatened or undermined the safety of the
information systems security audit records, protection of
These records from unauthorized access, in particular by modifying the
(modifications) or destruction, and their preservation and
(f) the evaluation of the safety audit records) a worker who
does not have the ability to edit (modify) in information systems information
related activities, which is a security auditing alert.
19. In the area of security of communications networks, the person shall ensure that the required
and network connections) is under the control of the person required to external
communications network which is not under the control of the person required to
minimize the possibility of penetration into its information systems,
(b)) that when the transfer of confidential information to external communication networks
ensure
1. appropriate confidentiality and integrity of information and
2. reliable authentication of communicating parties, including the protection of
authentication information.
20. The mandatory person shall Institute and maintain measures for the physical protection of assets
information systems.
21. In the operation of the information systems required the person shall in particular ensure
and that change in the operated) information systems it is possible to perform up to
After the evaluation of the impact of this change on the security of information systems,
(b)) that operated by information systems is used only
tested software, for which the results of the tests have shown that the
the safety features are in accordance with the approved safety
principles of information systems. The results of the tests are documented;
(c)) that the service activities in information systems is
organised so as to minimise the threats to their security,
(d)) back up information and software operated by
information systems are essential to its functioning. Backed up
information and software are stored so that they are secure
against damage, destruction and theft; and
(e) regular checking and evaluation) the security of information
systems.
Annex 7
For a more detailed definition of certain requirements for the risk management of outsourcing
The system of risk management outsourcing
1. Risk management of outsourcing means
and the definition of the total access required) of the person to the risk of outsourcing
including a clear internal delineation of this risk, and that in the framework of the
risk management strategy required the person, and
(b) establishing and maintaining specific) procedures risk management outsourcing
including the procedures of recognition, evaluation, measurement, monitoring,
the reporting and control of the occurrence or impact of this risk.
2. Mandatory person has such a system for risk management of outsourcing, which is
proportionate to the nature, scale and complexity of the activities, which outsourcuje or
intends to outsource, and that will underpin and takes into account all significant sources
the risks of outsourcing and limit their possible negative impact on revenue and
the cost of the mandatory of the person and its overall risk profile. For this purpose,
It will establish and maintain these policies and procedures.
The General principles and practices of risk management in outsourcing
General requirements for the management and control system in outsourcing
3. Mandatory person shall Institute and maintain for the use of the strategy of outsourcing
including the establishment of a reasonable approach to outsourcing the insignificant
activities. In doing so, shall take into account and ensure that
and the use of outsourcing is not present) a material change in the
the facts on the basis it was mandatory to the person authorised to
the performance of the activities, in particular inadequate change in substantive, organizational
or other prerequisites for the exercise of activities, and
b) outsourcing has, if the resulting State would be in breach of
with the obligations of the person laid down in law mandatory.
4. the policies and procedures that support the reduction of the risk of outsourcing required
the person shall include, in particular,
and ensuring consistency and proportionality) assumptions of good governance and
management, risk management and internal control mandatory person in the use of
outsourcing, even in the case of the chaining of outsourcing (paragraph 8),
(b) ensure systematic risk management) outsourcing,
(c) the maintenance of an adequate level of quality) the management and control system
the mandatory use of persons and outsourcing,
(d) the responsibilities of the institutions and) the maintenance of persons that lead business mandatory
person, even when the use of outsourcing,
(e) the liability of a person) the maintenance required, even when the use of outsourcing,
(f) maintaining continuous) comply with the terms of the authorisation to conduct
activities required of a person even in the use of outsourcing and
(g)), with the option to exercise control and supervision of the use of independent
outsourcing.
Compliance with the prudential rules, even in the case of chaining
outsourcing
5. the person shall ensure compliance with the Mandatory legal obligations, in particular the
prudential rules, even when the use of outsourcing.
6. The violation of the conditions referred to in point 5, if the method definition
outsourcing, or the manner of its use of mandatory person leads or
could lead to circumvention of the purpose of prudential regulation of outsourcing. To do this,
mandatory person in particular shall ensure that its internal definition of outsourcing is
clear and prudent and in case of doubt, the mandatory of the person, whether it is
about outsourcing, decides to conservatively; in the case of business relations
mandatory of the person with other persons, that are not outsourcing, shall ensure
mandatory compliance with the legal obligations of the person, in particular the rules
a prudent business any other way with the fact that for the purpose
are the rules for outsourcing effectively usable.
7. The violation of the conditions referred to in section 5 is not required, the person shall not be
for outsourcing delivery of standardised products and equipment required
by default, a person, including the offered information about the market and the supply of goods,
facilities and services, with which it is associated to provide information required
person, which concern him or her, which belongs to the supplier,
unless the information readily available, and if it is required by a person other
reliably secured in an appropriate manner the effectiveness and efficiency of the
the supplies.
8. Chaining or use of outsourcing, outsourcing its
a provider for the provision of activities for the required person, shall be subject to
similar principles as the use of outsourcing by the person liable and can be
only if the
and) is not in conflict with the requirements for the outsourcing provider required
the person and the
(b) each person follows) involved in the activities of a provider of
outsourcing undertakes to adhere to the full extent of the arrangement between
person and the provider of outsourcing.
For this purpose, are option and chaining conditions of outsourcing
clearly regulated in the arrangement between the person and the
outsourcing provider.
Arrangement of risk management
9. Risk management of outsourcing is part of operational risk management,
unless there is a risk of outsourcing a mandatory person internally defined and
managed as a discrete risk category.
10. the outsourcing of risk management also includes risk concentration at
outsourcing, in particular the risk of concentration in terms of utilization rate
a particular outsourcing provider, and the concentration of risks of outsourcing,
including the issue of such risk in the context of the consolidated Group.
Maintaining an adequate level of quality management and control system
mandatory of the person
11. the person shall ensure that Mandatory use of outsourcing the quality level
management and control system which corresponds to the situation where the mandatory
person concernedpursued an activity itself.
12. If a legal provision lays down the requirements on competence,
experience or credibility of persons for the performance of certain activities required
the person, the person required to ensure that other natural or legal person,
that effectively performs this activity, meets the requirements in
the case of the use of outsourcing.
13. If the legislation lays down requirements on remuneration for the performance of
certain activities required the person takes into account the required person in the use of
the outsourcing of these requirements in an appropriate manner in the approach to the remuneration for the
the activity, defined by the arrangement between the person and the
outsourcing provider (points 37 and 38), including access to
other remuneration of other persons in the event of chaining of outsourcing (point 8).
14. Mandatory person shall retain sufficient expertise and permissions
to ensure her control over the activities and management of the outsourcovanou
the risks of outsourcing in sufficient scope and quality.
The maintenance responsibilities of the institutions and the persons who lead the business required
the person
15. a person Required to ensure that the scope of its authority and the head of the
their members are not distorted as a result of an inadequate range, or
the use of outsourcing.
16. It is particularly inadmissible that, in the context of outsourcing was to transfer
the basic management and control responsibilities of the head of authority mandatory
persons and their members on the outsourcing provider, in particular
the responsibility for good governance, management and control of overall performance
activities mandatory, including compliance with the prudent person rule
the business.
The maintenance liability of a person for the performance of required activities, including
the provided services and products
17. The use of outsourcing is required, the person shall not relieve of his duties
and accountability to the competent supervisory authorities and other persons for the
activities as follows, in particular, shall exercise the duties
and in the performance of their) activities, including meetings with clients in the manner
neohrožujícím proper, honest and professional obligations and
to harm the interests of the clients and
(b)) in the protection of personal data ^ 16), and other information subject to the
protection, in particular business secrets, banking secrecy or
data protection for member savings and cooperative úvěrním
^ 17).
18. The responsibility of the person required for compliance with the requirements on the performance of the activities of the
in the use of outsourcing is maintained, even when the other fact,
in particular, the contract with the client, the contract with the provider of outsourcing, or
the right of the State headquarters of the outsourcing provider provides otherwise.
19. The responsibility of the person required for damages caused to the client is maintained
even when the use of outsourcing and the person shall take all appropriate
measures to prevent damage when deficiencies or the use of outsourcing
as a result of violation of its obligations, in particular to avoid
unauthorized publication or exploitation of any information relating
client and subject to protection that are provider available
outsourcing.
20. The responsibility of the outsourcing provider to the person is not required
provisions laid down in points 17 to 19.
Maintaining continuous compliance with the terms of the authorisation to conduct business
21. The mandatory person meets consistently, even if the use of outsourcing
all the relevant terms and conditions, which shall be subject to the granting of an authorisation to
the performance of the activities required of the person.
22. The mandatory person cannot, in particular, benefit from outsourcing in such a way,
that would be the majority of the activities provided by the provider of outsourcing and
required the person would become an empty mailbox.
Conservation options to exercise control and supervision of the use of independent
outsourcing
23. The use of the outsourcing must not restrict the ability of persons and required
authorities and the workers in the management and control features to control and
control the activities required of the person as a whole and in the use of
outsourcing.
24. The mandatory person shall ensure that the use of outsourcing does not constitute
reduce the possibility of the Czech National Bank to exercise supervision over it, including the
ensure synergy with the Czech national outsourcing provider
the Bank, in the exercise of supervision, including the possibility of eventual control and review
facts, data, and other information subject to supervision by the
outsourcing provider, even if the outsourcing provider based in
abroad.
The principles and practices of risk management in the implementation of outsourcing
Risk management framework in the implementation of outsourcing
25. The mandatory person takes and maintains a comprehensive management and control system
the preparation and use of outsourcing in accordance with an approved strategy for the
the use of outsourcing. To this end, it will establish and maintain policies and
procedures for the management, monitoring and assessment of the preparation and use of
outsourcing as a whole and its individual cases, which, in particular,
ensure the proper and prudent use of outsourcing and compliance with
approved strategies required the person.
26. Before a person makes use of outsourcing required
sufficient analysis of the risks associated with that intention, including the assessment of
possible adverse impacts on the management and control of the activity and function of
mandatory of the person, and the specific methods and procedures, which will be as follows
recognized the risks managed, which subsequently takes and maintains.
27. Mandatory person assesses the risks of outsourcing, also taking into account the
potential conflicts of interest, including the potential conflict of interest, if any, between the
required by the person and the provider of outsourcing operation.
28. In the framework of the internal control system required the person shall ensure that the
continuously carried out the monitoring and evaluation of individual cases
outsourcing, especially in terms of the monitoring of compliance with the laws
regulations and compliance with the agreed level and quality of the performed as follows
activities and also in terms of risk management and safety and reliability
transmission, processing and information security, in particular data subject to
the protection.
29. The subject of the assessment of the use of outsourcing, which regularly
performs the required person, is in particular whether
and is permanently carried out activity) in accordance with the relevant laws
legislation and the Treaty
(b)) is a provider of outsourcing continues to be a trusted and legally, financially,
professionally and technically competent to ensure that the activities
(c) security of information subject to protection) ensures permanently and
sufficient and
(d) the outsourcing provider regularly examines) functionality and
the adequacy of their internal control systems and risk management including
management of the risk of the occurrence of incidents which might have a significant
a negative effect on the proper performance of the activities.
30. The use of outsourcing, the person shall be assessed by a person required
or persons with adequate knowledge and experience in a given area or
areas and in sufficient scale.
31. The mandatory use of the person before you start outsourcing provides, how
often and by whom will be checked and assessed, including any control
the quality of the operation and effectiveness of the internal control and risk management directly
the outsourcing provider.
32. In the case of a finding of a significant deficiency in the outsourcing shall ensure
mandatory person without undue delay, in the case of other
shortcomings of the axle shall ensure that within a reasonable time.
Potential outsourcing provider
33. Required a person who intends to make use of outsourcing, shall, before
conclusion of the contract a detailed assessment of the potential provider
outsourcing.
34. the outsourcing Provider meets the following criteria in particular:
and business permits or) has different permissions to the performance of the
activities,
(b)) has the prerequisites for the proper implementation of relevant activities, in particular
the credibility, competence and experience for the
activities and is financially stable, and
(c)) shall Institute and maintain at least such internal management and control policies and
the procedures, which provide in comparison with the similar rules required a person
at least a comparable level of quality and reliability.
35. the outsourcing Provider complies with the criteria referred to in section 34 for the whole
When engaged in the performance of the activities required of the person. Required a person
the implementation of these and other specified conditions, including the conditions for the
any use of the chaining of outsourcing, and is able to, in the
a period appropriate to the nature, scale and complexity of the activities to respond to the
situations that endanger or precluded by its compliance with
the conditions of the provider of outsourcing.
36. At the latest before the beginning of the use of the outsourcing of certain activities
required the person shall ensure that the provider takes outsourcing and maintains
for activities that are related to the activities of the person, at least for the compulsory
such a risk management system and internal control system, which would use the
mandatory person in accordance with its principles for the management and control
the system should ensure the activity itself.
The arrangement between the person and the provider of outsourcing
37. a person Required to ensure that in the contract with the provider of outsourcing
It is clearly and definitely defined the agreed way and results
application outsourcing, in particular
and activities carried out through the specification), outsourcing,
in particular, the subject and scope of the activities as follows,
(b) a clear definition of the roles) and relations between the person
and the provider of outsourcing,
(c) the detailed arrangements required) the quantitative and qualitative levels
activities carried out through outsourcing and conditions, on the basis of
that will be the provider of outsourcing this activity to perform, including
the conditions of the price,
(d) security of information subject to) the terms of protection, in particular if
outsourcing provider comes into contact with confidential or other
protected information about the required person or its clients, including
unambiguous obligation to properly dispose of the outsourcing provider with
the information subject to protection,
(e) the determination of the obligations of the outsourcing provider) to provide the required
the person of all of the relevant data and other information related to the activities
carried out on the basis of the Treaty and shall promptly notify the liable person
under threat of impending or the proper performance of the activities,
(f)) method of monitoring and checking the fulfilment of contractual arrangements,
including the options required the person to perform such monitoring and
the control activities in the headquarters of the outsourcing provider, or other
places of performance activities, even if they are abroad,
g) corrective measures and appropriate penalties for breach of, or failure to comply with
terms and conditions, or other failure of the provider,
(h)) to termination of the contract, including the rights required a person to withdraw from the
the contract with immediate effect and ensure the possibility of including contractual
convert the performance of activities to another person (third-party
outsourcing) or back to the required person and including the situation when the notice of termination
the contract will be required by a person on the basis of the decision made to Czech
National Bank on the imposition of corrective measures,
I) specifications of the conditions for the possibility of chaining of outsourcing,
j) Edit to the Czech National Bank supervision. The Treaty clearly
defines the obligation to make available to the outsourcing provider and provide
all the information about the outsourcing and provides the possibility of Czech
the National Bank to exercise supervision over the required person, even if the registered office of the
outsourcing provider or other place or places of performance
of activities abroad; and
to the choice of law in the case), that is the seat of the outsourcing provider, or
another place or places of performance of the relevant activities in a non-member
State, so as to not limit the feasibility or enforceability of
the provisions of the contract between the person and the provider of outsourcing.
38. in order to ensure the proper administrative procedures and management
with due managerial diligence applies the principle to achieve the required person
the use of higher efficiency of outsourcing the activity in the performance
compared to the situation, if the activity performed alone, in particular
the rule of proportionality above the price at which the outsourcing provider
the performance of the activity required the person provides. Level of performance
outsourcing provider required the person usually assessed on the basis of the
a combination of quantitative and qualitative indicators and characteristics
providing an undistorted and sufficient picture of the quantity and quality of
the activities carried out by the provider of outsourcing. The contract between
person and the provider of outsourcing may not be concluded at
advantageous or negotiated the conditions for compulsory person, particularly
any obligation required a person to economically unjustified transactions or
for the performance, which is not proportional to the consideration provided.
Contingency plans for outsourcing
39. Before the beginning of mandatory use of the outsourcing person establishes
the contingency plan. The contingency plan shall identify clearly the procedure for
in case the outsourcing provider is not able to or willing to properly
to carry out the activity in question or the other unwanted development
in the use of outsourcing.
40. the content and level of details of the contingency plan shall take into account the importance and
the priority of the recovery and continuity of the activities carried out by
outsourcing in terms of the overall priorities of the mandatory person in ensuring
recovery and continuity of its activities in case of emergency.
41. the contingency plan shall include the method of response required the person to
unilateral termination of the outsourcing and the case, when it is their
the requirement of supervision by the Czech National Bank within the framework of the measures imposed
The Czech National Bank for the shortcomings identified in the performance
supervision of compliance with the obligations laid down by the legislation of
required by the person.
42. The mandatory person prepares, examines, evaluates and, where appropriate,
updated contingency plans regularly and in particular in the follow-up to the
significant changes in the operational conditions of use and other relevant
outsourcing.
43. a person Required to ensure that
and) are set out internal procedures for the preparation, approval, testing
and update contingency plans,
(b) the screening of their contingency plans) testing is performed
regularly and after their major editing, or if you need
Re testing stems from the results of the tests,
(c)) the test results of the contingency plans are documented,
(d)) is carried out checks on compliance with the procedures for contingency planning
and check the testing of these plans and the
(e)) are taken remedial measures to correct the shortcomings noted
in the area of contingency planning and removal is monitored and
evaluated.
44. For the purposes of the effective restriction of financial or other loss of mandatory
person as a result of the incident, including the loss of data or other
information relevant to the required person required the person evaluates and
contingency plan shall take into account the possible consequences of failure or failure of
the parties to a particular outsourcing provider and against this possibility and
the potential effects of the incident are adequately ensure in
the relevant contract with the provider of outsourcing [37 (b), in particular point.
(e)), g) and (h))].
Evaluation of the use and effectiveness of the functional outsourcing
45. The mandatory person in the appropriate time period and always when a significant change
the conditions shall be assessed:
and whether they are approved) the internal policies and procedures required for
the use of outsourcing continue to be complied with and the current and sufficient
(b)) whether internal control system required the person ensures the early detection
deficiencies in the use of outsourcing and the adoption of remedial measures,
(c)) access required persons to the use of outsourcing, in that always total
the strategy and the main objectives and principles for the use of outsourcing,
(d)) total benefits and any significant negative effects or other
adverse fact arising for the mandatory person in connection with the
the use of outsourcing and
(e)) the overall functionality and effectiveness of the use of outsourcing in terms of
mandatory of the person.
46. any corrective measures required the person accepts, without undue
delay and then verify their effectiveness.
The principles and practices of risk management in selected cases of outsourcing
Outsourcing provider with offices abroad
47. As regards the outsourcing provider, which is based in foreign countries,
in particular, other than a Member State, the person also required on
possible risks resulting from this fact, in particular, on the assessment of the
the capabilities of outsourcing provider adequately demonstrated, and even Czech
the National Bank that administers risk management and internal control are
in accordance with the prudential requirements set out mandatory.
48. The mandatory person performs adequate analysis of the environment in the country of the seat of
outsourcing provider in order to recognize and then effectively
to avoid possible negative effects in the performance or enforcement of the agreed
the conditions of provision of outsourcing outsourcing provider, which
is located abroad, or from the intention to waive, if risks with him
associated was required by the person assessed as inadequate.
The provider of outsourcing, which is not supervised
49. a person Required to adequately take into account the fact that the use of other
the person above which is not supervised, as the outsourcing provider
may be mandatory for the person associated with the additional or specific
risks or risk factors and properly against them.
50. The mandatory person in the risk management of outsourcing may reasonably
take into account, if it is above the outsourcing provider, supervised,
in particular, if the provider of outsourcing resulting from legislation
certain obligations of prudential nature, in particular management requirements
the risks and requirements on the credibility, competence and experience
persons, through which it carries out its outsourcing provider
activity, and if required, the person shall ensure by appropriate means that
outsourcing provider progresses steadily in accordance with the following
the obligations.
The use of outsourcing within the Group
51. If the outsourcing provider is the person with whom the person is mandatory
in close connection, you can apply a specific modification of the conditions of use of the
of outsourcing, including the sharing of information and other relevant outputs and
modification of the contingency planning (point 39 to 44), unless this would
a significant adverse effect on the effectiveness of the risk management of outsourcing
required by the person.
52. The mandatory person takes and maintains control mechanisms, which will ensure
that close links will not affect the proper and prudent exercise of activity compulsory
of the person. Mandatory use of the person within the group, effectively outsurcingu
manage the risks. The use of outsourcing in the context of group responsibility
mandatory of the person is not affected.
Annex 8
For a more detailed definition of certain requirements for internal audit
General requirements
1. For the performance of the internal audit, the required person has or acquires such
capacities that are necessary for the fulfilment of the requirements laid down.
2. the person carrying out the internal audit (hereinafter referred to as "the internal auditor")
in carrying out its tasks, carries out an independent and objective assurance and
where appropriate, the consultancy, which
and) focuses on adding value and improving internal processes and
(b)) brings the systematic, disciplined approach to evaluate and improve
the functionality and effectiveness of risk management, control processes and procedures
the Administration and management of the company.
3. internal auditors provide its outputs to the competent authorities, committees and
workers in a timely manner, and these outputs are up-to-date, reliable and comprehensive.
4. In the implementation of their activities are internal auditors access to
all relevant persons, premises, equipment, information and documents
mandatory of the person.
5. the person in command of the internal audit function has the opportunity to participate in the
a meeting of all the organs and committees of the mandatory of the person. In the cases of
Special considerations may be individually restricted this right reason
by decision of the head of the authority.
6. the person in command of the internal audit function is subject to such
organizational level in the required person, which will allow the fulfilment of the requirements of the
the performance of the internal audit.
7. If in exceptional cases involved in the provision of
assurances about the activities of a natural person who carries out this activity or
on the download participated in less than 12 months ago, is this
indicated and justified in the report on internal audit
and at the same time ensure maximum objectivity of this report.
8. In the event of exercise of the consultation activity is to ensure that it is not
limited the ability of the internal auditor's report to the independent and objective
the assurance of functionality and effectiveness of the management and control system
or other assurance activities for the required person; in the event of performance
the consultation activities of the internal auditor provides impartial consultation in
the issues of implementation and maintenance of the management and control system and its
components, in particular in the issues of implementation and maintenance of functional and
efficient systems and mechanisms of risk management and control mechanisms
and sound administrative and accounting procedures, including the reliability and
the integrity of the financial and other information.
The status of the internal audit
9. Mandatory person shall define the status of the internal audit, which modifies, in particular
and the scope and powers of the Department) or legal or physical person
executing the required person or for the required person internal audit,
(b)), the subject and the target range performance of the internal audit,
(c) the nature and possible ujišťovacích) consulting activities carried out by
the internal auditors and the outputs from these activities,
(d)) the internal audit planning process,
(e) the method of communicating results) internal audit including proposals for corrective
the measures,
(f) method of settlement observations on) the conclusions of the internal audit and
dispute resolution and
g) way of corrective measures on the basis of the findings of the internal
the audit.
Risk analysis and planning of internal audit
10. Planning and scheduling capabilities of Internal Auditors is
based on risk analysis.
11. The risk analysis evaluates the degree of risk associated with each of the activities
required so that persons taking into account the probability of failure of the management and
control system in each of the areas and the degree of possible loss of
This failure. The output from the risk analysis carried out presents
the person in the management of internal audit functions managing authority, or
the audit committee, for consideration. Different views of the management of the authority or
to the audit Committee on the output from the risk analysis are documented.
12. on the basis of a risk analysis compiles a person in leadership functions of the internal
the design of the strategic audit and periodic internal audit plan. When
the preparation of the plan requires and evaluates the suggestions by the head of the authority,
where appropriate, the audit committee, the persons in the top leadership, takes into account the
the requirements of relevant legislation on the examination of the internal audit and
take account of the other major relevant requirements, information and
the facts, in particular to the newly introduced by the activities required of the person and to the
the content of the messages of the supervisory authorities. At the same time takes account of the activities of the internal
the audit of the other persons who are a member of the same consolidation unit, if
It is relevant, and the auditor's report.
13. the activities of the internal audit Plans are before the approval of the design
the Authority submitted for consideration to the inspection authority or of the Committee for
audit. The reasons for the changes in internal audit plans are documented.
14. the internal audit strategic plan is drawn up for a period of three to
of five years. Strategic plan ensures that the internal audit activity is
effectively allocated for the relevant period (three to five years), are
take account of the strategic decisions of the head of authority mandatory of the person and
risk of individual activities and is determined by the estimated period
authentication. The strategic plan is carried out in following the risk analysis
where appropriate, updated.
15. Periodic internal audit plan is established for a period of one
year, or a shorter time period. A recurring plan specifies a target, subject, and
the term of the planned internal audits. Recurring programs on rozvrhuje
the capacity of the planned internal audits, internal audits, an extraordinary
training and other activities.
Performance information and internal audit
16. the person in command of the internal audit function to ensure that the performance of the internal
the audit is effectively coordinated, if relevant, with the internal
Auditors of other persons, that are a member of the same consolidated Group.
At the same time in the coordination of activities takes into account the specified authentication outside the plan
the head of the authority and authentication as required by the competent supervisory authority.
17. For each individual audit action is conducted an audit file.
The audit is conducted in such a way that it is fully
rekonstruovatelný procedure carried out by the audit. Audit files are
reviewed by the person in the management or internal audit functions authorised
the internal auditor.
18. The internal audit shall report. Report
includes in particular the objective, subject, scope, carried out by the internal audit and
the findings together with the design of remedial measures. The report contains the views
the internal auditor's report on the peace of the risks contained in our audit activities, including
residual (open) the risks in the area and its acceptability.
The report is accessible to the head of the institution to the audit committee and
the competent control persons, including persons in the top leadership.
19. the person in command of the internal audit function to ensure the creation and
the maintenance of a system for monitoring the corrective measures imposed on the basis of the
the findings of internal audit, including monitoring, whether these measures are
effectively implemented. In the event that the person in the management function of the internal
the audit concludes that the degree of residual risk in the area in
as a result of the failure to introduce effective remedial measures for compulsory per person
unacceptable, discuss this fact with the managing authority. If according to the
judgement of the persons responsible for the management of the internal audit function is not a question
residual risk in the region resolved to forward the information
the inspection authority, where appropriate, the audit committee.
20. the person in command of the internal audit function shall regularly inform about the
the findings of the internal audit on the proposals of the corrective measures and the
the removal of the identified shortcomings, the head of the authority, where appropriate, the Committee for
audit.
21. the person in command of the internal audit function shall be presented at least once
a year to the head of the authority, where appropriate, the audit committee, to discuss
Summary evaluation of the functionality and effectiveness of the management and control
the system required a person. This evaluation shall cover in particular the reliability and
the integrity of the financial and other information, functionality and effectiveness of the
processes, protection of assets and compliance with laws and internal regulations.
22. the person in command of the processes internal audit functions regularly,
at least once a year, a report on the activities of the internal audit and
submit it to the head of the authority, where appropriate, the audit committee, for consideration.
23. the person in command of the internal audit function shall inform the managing authority,
the inspection authority or, where appropriate, the audit committee, on possible environmental impacts in
due to the limited resources of any internal audit.
Security and improving the quality of the internal audit
24. The mandatory person shall ensure that the personnel and other security performance
internal audit so as to continuously provide independent and objective
the assurance of the activities required of a person, in particular about the functionality and
the effectiveness of the management and control system and its components,
the corresponding quality and with the appropriate added value. The use of
outsourcing in ensuring the performance of the internal audit function is not
without prejudice to the obligation.
25. the person in command of the internal audit function shall draw up and regularly
program updates for security and improving the quality of the internal
the audit, which will include all aspects of the internal audit and continuously
monitor the effectiveness of this programme and the functionality, unless the
the inspection authority or the audit committee.
Annex 9
For a more detailed definition of the requirements to report on the verification of the management and
control system auditor
The structure of the report
1. Chapter 1: brief description of authenticated areas.
This chapter contains:
and) organizational chart with more detailed description of the organizational arrangement in
the components of the management and control system,
(b) a concise definition of the scope of and) the powers of the relevant authorities of the mandatory
persons, departments and committees,
(c)) description approval and decision-making processes within each
authenticated areas
(d)) description of methods and techniques used in each of the areas,
for example, the methods used for risk management,
(e)) the structure of the limits in a given area, if it is for a region
relevant,
(f) a description of the structure) used information and communication systems.
2. Chapter 2: identification of the established internal control mechanisms and
evaluation of the effectiveness of these arrangements and, in particular,
by comparing with the accepted standards.
This chapter contains an overview of all the established internal mechanisms
checks. In the event that the deficiencies were identified, these
the facts listed in this chapter, are each in more detail
the shortcomings of the analysed in Chapter 3.
3. Chapter 3: specification of missing internal control mechanisms and
the evaluation of the severity of individual shortcomings.
In this chapter are described in detail the deficiencies found during the
authentication system auditor. Part of the assessment of the seriousness of the
the shortcomings according to the scale:
and the) lack of with a very high degree of severity-the lack of which may
affect the continued existence of the required person or which significantly threatens the
the financial situation and the capital required of a person. The lack of crucial influence on
the functionality and efficiency of the processes required of the person;
(b)) the lack of with a high degree of seriousness-deficiency can endanger
the financial situation and lack of capital required persons has an effect on
the functionality and efficiency of more incremental processes required the person, it is
about the lack of certain essential system areas;
(c) the mean rate of) lack of seriousness-the lack of it does not affect
the financial situation and the capital required of a person, it is a partial lack of
system character or significant lack of non-system
the character;
d) deficiency with low levels of severity-the lack of it does not affect
the financial situation and the capital required of a person, this is a less significant
the lack of the Nonsystem character.
Furthermore, it is part of the identification of missing internal control mechanisms.
Also included is a description of what kind of impact these facts accounted and
represent for the functionality and effectiveness of the management and control system
or its components.
4. Chapter 4: overall assessment of the functionality and effectiveness of the management and
control system in a given area. In this chapter it is evaluated
the functionality and effectiveness of the management and control system in a given area
as a whole.
The format of the messages and other essentials
5. the report of the verification system is submitted to the Czech National Bank in
paper and electronic format, in the format *.doc *.xls/docx/xlsx, or
*.mdb.
6. the report of the verification system is equipped with a business name and number
the auditor's certificate of registration, stating the name and last name of the Auditor,
the numbers of the certificate of registration and the date of the copy of the message. The report in the paper
In addition, the form is equipped with the original signature of the auditor.
Annex 10
Content data on mandatory person, the composition of the shareholders or members, structure
the consolidated Group, which is part of the activities and the financial situation of the
1. the information about the required person
and) business name, legal form, address of the registered office and identification number
a person (hereinafter referred to as "identification number") required the person according to the entry in the
commercial register,
(b)) date of registration in the commercial register, including the date of registration of the last
the changes, stating the purpose of the most recent changes
(c) the amount of registered capital) in the commercial register,
(d)), the amount of the paid-up capital
(e)), the form, form of the species and the number of issued shares, indicating their
nominal value, if required, the person is a joint-stock company,
f) data on the acquisition of own shares and serve the leaves and other
capital instruments, if required, the person is a joint-stock company,
g) data on the increase of the capital, where the capital was
increased since the last publication of the:
1. the method and scope of the capital increase,
2. are the new shares to be issued, the person will publish the required type and number of
issued shares, stating the nominal value, a range of repayment of the newly
of the shares subscribed and the deadline for the repayment of the newly subscribed shares,
3. when the capital increase from own resources required person
will publish the amount of the capital increases, the own
the source, from which the capital increases. A person who is required
joint-stock company, indicating whether it increases the nominal value
and if the stock increases, the amount of the increases;
h) organisational structure required the person specifying the number of business locations
and the number of employees (number)
I) data on members of the head of the authority and of the persons in the top leadership of the
mandatory person in this range:
1. name and surname, including titles,
2. the designation of the authority and functions performed or the designation of the positions in the
top executives, and the date from which the person performs the appropriate function or
takes the given position,
3. the experience and qualifications for the performance of the
functions or positions held,
4. membership in the bodies of other legal persons, including the
person, authority, and functions
5. the aggregate amount of the credits granted to the members of the head of the person liable
authority and the persons in the top leadership of the mandatory of the person,
6. the aggregate amount of guarantees issued by the person responsible for the compulsory members of the head
authority and the person in the top leadership of the mandatory of the person.
2. information on the composition of the shareholders or members of the mandatory of the person
Information about the associates or members of the mandatory of the person with a qualifying holding
the required person that
and associates or members) who are legal persons, required
a person publishes a business name, legal form, address of the registered office,
the identification number, if assigned, sectoral classification
economic activities and the amount of the share of voting rights in
as a percentage,
(b)) of associates or members who are natural persons required
the person shall publish the name and surname and the amount of the share of voting rights
in percentage terms.
3. the data on the structure of the consolidated Group, which is required by the person
part of the
and) information about people that are in relation to the mandatory person
the controlling entities, where appropriate, the majority partner, which includes
1. business name, legal form, address, identification number,
If allocated, and the sectoral classification of economic activities
such persons; in the case of a natural person, the name and surname;
2. direct or indirect share of the capital required of the person in
as a percentage,
3. direct or indirect proportion of voting rights required the person in
as a percentage,
4. Another method of control,
5. the aggregate amount of debt instruments, which has a mandatory person in assets
and which are the debt of such persons, a summary of debt required a person
against such persons, broken down by individuals and in a breakdown on debt securities
Securities and other debt instruments,
6. Summary of capital instruments, which has a mandatory person in
assets and equity are those persons, and a summary of
persons from these mandatory debt capital instruments, broken down by
persons,
7. a summary of the required person issued the guarantees for such persons and
a summary of the required person received guarantees from such persons, in
the breakdown by persons.
(b)), information about the persons who are in relation to the mandatory person controlled
persons, or in which the person is required, the majority partner,
includes
1. business name, legal form, address, identification number,
If allocated, and the sectoral classification of economic activities
such persons,
2. direct or indirect share of mandatory person in the capital in the
as a percentage,
3. direct or indirect share of compulsory voting in person
as a percentage,
4. Another method of control,
5. the aggregate amount of debt instruments, which has a mandatory person in assets
and which are the debt of such persons, a summary of debt required a person
against such persons, broken down by individuals and in a breakdown on debt securities
Securities and other debt instruments,
6. Summary of capital instruments, which has a mandatory person in
assets and equity are those persons, a summary of
persons from these mandatory debt capital instruments, broken down by
persons,
7. a summary of the required person issued the guarantees for such persons and
a summary of the required person received guarantees from such persons, in
the breakdown by persons;
(c)) a graphical representation of the consolidated Group, whose member is required
person, in terms of the ownership arrangement of designating the persons that are
included in the consolidation, the prudential and the reason for non-inclusion
in the prudential case, the consolidation of other persons
d) graphical representation of the consolidated Group, whose member is required
person, in terms of procedure, with an indication of the persons that are included in the
Prudential consolidation, and indicating the reason for non-inclusion in the
Prudential consolidation with other persons.
4. information on the activities required of the person
and) business (activity) registered in the commercial register,
(b) an overview of the activities actually carried out) and
(c) an overview of the activities) the exercise or grant was the Czech
National Bank Limited or excluded.
5. information on the financial situation of the person required
and the quarterly balance sheet required) of the person,
b) quarterly profit and loss statement required of the person,
(c) compulsory information) the person is a bank or savings and úvěrním
the cooperative, on the claims of financial activities without fail and in
the failure, in the breakdown of receivables for credit institutions and other
persons other than credit institutions and further broken down by individual
categories and subcategories of receivables from financial activities, with an indication of
book value without adjustments, adjustments to individual
receivables and receivables portfolios together with the accumulated losses of the
the fair value,
(d) information required) the person is a bank or savings and úvěrním
a cooperative, on claims without damaging and deterioration, with
specifying the value before depreciation, adjustments and accumulated
losses from the valuation of fair value and the book value of the,
(e) the total amount of claims) required of a person who is a bank or
savings and cooperative úvěrním, from financial activities, which have been
during the accounting period the sum of the balances of the accounts (restructuring
claims to the reporting date, and the claims for which it was
the accounting period of the restructuring); receivables are placed
without the adjustments,
(f)) real and nominal values of the derivatives
1. Summary for derivatives concluded for the purpose of ensuring and collectively for
the negotiated derivatives for trading or speculation,
2. Summary for derivatives, which required a person applies hedge
accounting for derivatives and other
g) capital ratios
1. capital ratio for the equity tier 1,
2. capital ratio of tier 1 capital,
3. capital ratio for the total capital,
h) ratios required of a person who is a bank or savings and
úvěrním cooperative
1. return on average assets (ROAA),
2. the return on average equity (ROAE) tier 1,
3. assets per employee,
4. the administrative costs per employee,
5. profit or loss after tax per employee,
I) ratios required of a person who is a dealer in securities
papers
1. debt and total debt (without the property/assets without property
clients),
2. debt II (total debt without the assets of clients/shareholders ' equity),
3. return on average assets (ROAA, assets, the assets of clients),
4. the return on average equity (ROAE) tier 1,
5. return on sales (profit after taxation/revenue from investment services),
6. the administrative costs per worker.
Annex 11
Content data on related relations between members of the consolidated Group
and the management and control system
1. Data on persons that are in relation to the mandatory person in a narrow
link
and) business name, legal form, address, identification number,
If allocated, and the sectoral classification of economic activities,
(b)) a brief summary of the main activities and
(c) the classification of close links), expressed in letters and), (b)) or (c)) in accordance with
Article 4, paragraph 4. 1, point 38 of the regulation.
2. information on the management and control system
and a brief summary of the arrangement), the principles and procedures for the Administration and management
the company,
(b)) a brief summary of the arrangement, the principles and practices of risk management system,
(c)) a brief summary of the arrangement, the principles and procedures of the system of internal
checks,
(d)), a brief summary of approach to ensuring trust, professional
competence and experience of the members of the head of the authority, the persons in the high
leadership and people in key positions and the
e) brief summary of the approach to the verification and evaluation of the effectiveness,
consistency and adequacy of management and control system.
3. Details of the committees established by the liable person
and the designation of the Committee)
(b)) a brief summary of the scope of the powers, how the negotiations and decision-making
and the inclusion of the Committee to the organizational arrangements and information flows
mandatory of the person and
(c)) data on members of the various committees in this range:
1. name and surname, including titles,
2. the Committee's functions, the date when the person the appropriate member of the
the Committee carries out,
3. the experience and qualifications for the performance of functions
Member of the Committee and
4. membership in the institutions required persons or other legal persons.
Annex 12
Content data on the types and range of investment services provided
1. the investment services provided by the dealer with the securities other than
pursuant to section 8a of the paragraph. 4 or 7 of the Act on business on the capital market
and) the volume of securities transactions for clients
1. trades for clients in the context of the management of the assets
the AA. investment securities-shares and similar securities
AB investment securities-bonds and similar securities
AC. securities investment-other
ad. collective investment securities
AE. money market instruments
2. other shops for clients
the AA. investment securities-shares and similar securities
AB investment securities-bonds and similar securities
AC. securities investment-other
ad. collective investment securities
AE. money market instruments
(b)) the volume of trades in securities on own account
1. investment securities-shares and similar securities
2. investment securities-bonds and similar securities
3. investment securities-other
4. collective investment securities
5. money market instruments
(c)) the volume of trades for clients
1. trades for clients in the context of the management of the assets
CA. equity derivatives
CB. interest rate derivatives
CC. currency derivatives
CDs. commodity derivatives
the CE marking. credit derivatives
CF. other derivatives
2. other shops for clients
CA. equity derivatives
CB. interest rate derivatives
CC. currency derivatives
CDs. commodity derivatives
the CE marking. credit derivatives
CF. other derivatives
(d)) the volume of trades on its own account
1. equity derivatives
2. interest derivatives
3. currency derivatives
4. commodity derivatives
5. credit derivatives
6. other derivatives
2. the investment services provided by the securities dealer under section 8a
paragraph. 4 and 7 of the law on capital market
and) the number of contracts for the provision of investment services
1. the reception and transmission of orders
2. the provision of investment advice
3. asset management
(b) the number and volume of received) instructions
1. for the purchase of investment securities
2. to the sale of investment securities
3. to purchase securities for collective investment
4. available for sale securities, collective investment
Annex 13
The content of the information published by the branch of the Bank from a Member State other than the
1. data on foreign bank from a Member State other than the
and) business name and address of the registered office of a foreign bank from other than
a Member State which is the founder of the branch of the Bank from other than
the Member State,
(b) the identity and address of the registered office) the authority which exercises supervision over foreign
Bank of a Member State other than the
(c)) or with a qualified fellow Member participation in
Foreign Bank from a Member State other than that of the companions
or members who are
1. legal persons shall disclose to the business name, address of the registered office,
the identification number, if allocated, the sectoral classification
economic activities and the amount of the capital share in percentage and the
voting rights percentage
2. natural persons, publish the name and surname and the amount of the share of the
as a percentage of capital and of voting rights percentage
(d)) business (activity) foreign bank other than a member of
the State,
(e) an overview of the activities of the foreign bank) from other than the Member State of
actually carried out,
(f) an overview of the activities of foreign banks) of the Member State, other than the
the exercise or the provision of the competent supervisory authority
restricted or excluded,
g) annual report of the foreign banks from other than a Member State, and
the financial statements of the foreign bank other than a Member State, unless
part of the annual report, at least for the last accounting period, or
the Internet address at which such information is available.
2. information on the branch of the Bank from a Member State other than the
and the address of the registered office) mark, and the identification number of the Bank branch from another
than the Member State of registration in the commercial register,
(b)) date of registration in the commercial register, including the date of registration of the last
the changes, stating the purpose of the most recent changes
(c)), business (activity) registered in the commercial register,
(d) an overview of the activities actually carried out),
(e) overview of activities) the exercise or grant was the Czech
the National Bank restricted or excluded,
(f)), the organizational structure of the Bank branch from other than the Member State with the
the number of business locations and the number of employees (number)
g) data on the head of a branch of the Bank of another Member State and other
persons in the leadership of this branch in this range:
1. name and surname, including titles,
2. function and the date from which the person performs the appropriate function,
3. the experience and qualifications for the performance of functions,
4. membership in the bodies of other legal persons,
5. the aggregate amount of loans granted to the Bank branch from other than
the Member State of the Branch Manager and persons in the leadership of this branch,
6. the aggregate amount of guarantees issued by the branch of the Bank, other than a member of
the State for the head of this branch and others in the management of the branch.
3. information on the fulfilment of the prudential rules of the Bank branch from other than
the Member State of
and) information pursuant to article 437 paragraph. 1 (a). and with the exception of full regulation)
matching items, filters, and deductions on the balance sheet within the audited
the financial statements of the Bank branch other than the Member State,
(b) the information referred to in article 438) (a). (c) to (f))) Regulation,
(c) information from the Bank branch) other than the Member State of the claims
from financial activities without fail and fail, and it's broken down on the
Receivables from credit institutions and other persons than the credit
institutions and further broken down by the various categories and
subcategories of receivables from financial activities, with an indication of the financial
values without adjustments, adjustments to individual
receivables and receivables portfolios together with the accumulated losses of the
the fair value,
d) information bank branch from other than the Member State of the claims
without the write-down, and the deterioration, indicating the values before
depreciation, value adjustments and accumulated losses from the valuation of the fair
the value and the book value of the,
(e) the total amount of receivables) a branch of the Bank from other than a Member State,
from financial activities, which was carried out during the accounting period
restructuring (the sum of the balances of the accounts receivable to the reporting date
and it claims that have been made during the accounting period
the restructuring); receivables are reported without adjustments,
(f)) real and nominal values of the derivatives
1. Summary for derivatives concluded for the purpose of ensuring and collectively for
the negotiated derivatives for trading or speculation,
2. Summary for derivatives, for which the Bank branch from another Member
the State applies hedge accounting for derivatives, and others
g) capital ratios
1. capital ratio of tier 1 capital,
2. capital ratio for the total capital,
h) ratios of the Bank branch other than the Member State of
1. return on average assets (ROAA),
2. the return on average equity (ROAE) tier 1,
3. assets per employee,
4. the administrative costs per employee,
5. profit or loss after tax per employee and
I) data on the volume of transactions carried out in the framework of the provision of
investment services in relation to individual investment tools,
If a branch of the Bank other than the Member State is entitled to
to provide investment services under the Act on business capital
the market.
Annex 14
The contents of the data verified by an auditor
1. information on the capital and capital requirements
and) pursuant to article 437 paragraph. 1 (a). and) Regulation,
(b)) (a) in accordance with article 438. (c) to (f))) Regulation.
2. Capital ratios
and the persons required)
1. capital ratio for the equity tier 1,
2. capital ratio of tier 1 capital,
3. capital ratio for the total capital.
(b)), from another bank branch than the Member State of
1. capital ratio of tier 1 capital,
2. capital ratio for the total capital.
3. the ratios
and) mandatory of the person is a bank or savings and cooperative úvěrním
1. return on average assets (ROAA),
2. the return on average equity (ROAE) tier 1,
3. assets per employee,
4. the administrative costs per employee,
5. profit or loss after tax per employee,
(b)) a person who is required by the dealer with the securities
1. debt and total debt (without the property/assets without property
clients),
2. debt II (total debt without the assets of clients/shareholders ' equity),
3. return on average assets (ROAA, assets, the assets of clients),
4. the return on average equity (ROAE) tier 1,
5. return on sales (profit after taxation/revenue from investment services),
6. the administrative costs per employee,
(c)), Bank branch from other than the Member State of
1. return on average assets (ROAA),
2. the return on average equity (ROAE) tier 1,
3. assets per employee,
4. the administrative costs per employee,
5. profit or loss after tax per employee.
1) directive of the European Parliament and of the Council of 13/36/EC of 26 April 1999. June
13 of the access to the activity of credit institutions and on the prudential supervision of the
supervision of credit institutions and investment firms, about changing
Directive 2002/87/EC and repealing directives 2006/48/EC and 2006/49/EC, in
as amended.
2) European Parliament and Council Regulation (EU) no 575/13 of 26 February.
June 2013 on prudential requirements for credit institutions and
investment firms and amending Regulation (EC) No 648/2012.
for example, section 3, paragraph 22). 3 of the law on banks, as amended by Act No. 254/2012
Coll. and Act No 227/2013, article. 103 to 105, 144, 166, 173 to 179,
185 to 191, 209, 221, 225, 243, 259, 287 to 294, 318, 320 to 322, 368,
369, 393, 434 and 435 of the European Parliament and of the Council (EU) No.
575/2013.
4) European Parliament and Council Regulation (EU) no 1093/2010 of 24 March.
November 2010 establishing a European supervisory authority (European institution
for banking), amending Decision No 716/2009/EC and repealing
Commission decision 2009/78/EC, as amended.
5) the regulation of the European Parliament and of the Council (EU) No 1095/2010 of 24 March.
November 2010 establishing a European supervisory authority (European institution
Securities and markets), amending Decision No 716/2009/EC and repealing
Commission decision 2009/77/EC, as amended.
6) the regulation of the European Parliament and of the Council (EU) no 1094/2010 of 24 March.
November 2010 establishing a European supervisory authority (European institution
for the insurance and occupational pensions), to change the
decision No 716/2009/EC and repealing Commission decision 2009/79/EC, in
as amended.
for example, article 7). 54 European Parliament and Council Regulation (EU) No.
1093/2010.
for example, section 8, paragraph 22). 2 of the law on banks.
9) Law No. 93/2009 Coll. on Auditors and amendment of certain laws (law
the Auditors Act), as amended.
for example, article 10). 368 paragraph. 1 (a). (b)) the third sentence of the regulation of the European
Parliament and of the Council (EU) no 575/2013.
for example, article 11). 100 European Parliament and Council Regulation (EU) No.
575/2013.
12) § 12 of the Act on banks.
section 8a of the Act No 87/1995 Coll., on savings and credit cooperatives and
some related measures, as amended by law no 230/2009
Coll., Act No. 285/2009 Coll., Act No. 160/2010 Coll., Act No. 41/2011
Coll., Act No. 139/2011 Coll., Act No. 420/2011 Coll., Act No. 470/2011
Coll., Act No. 37/2012 Coll., Act No. 254/2012 Coll., Act No. 227/2013
Coll., Act No. 303/2013 Coll. and Act No. 135/2014 Sb.
section 9a of the Act No. 256/2004 Coll., on business on the capital market, as amended by
Act No. 126/2008 Coll., Act No. 230/2008 Coll., Act No. 230/2009 Sb.
Act No. 160/2010 Coll., Act No. 41/2011 Coll., Act No. 188/2011 Sb.
Act No. 37/2012 Coll. and Act No. 135/2014 Sb.
13) Article. paragraph 140. 5 and 7 of the directive of the European Parliament and of the Council
13/36/EU.
14) Article. paragraph 78. 2 and 8 of the directive of the European Parliament and of the Council
13/36/EU.
for example, article 15). paragraph 111. 2 and article. 273, paragraph. 2 (a). (c)) of regulation
The European Parliament and of the Council (EU) no 575/2013.
16) Act No. 101/2000 Coll., on the protection of personal data and amendment to certain
laws, as amended.
17) Eg. section 38 of the Act the Act on banks, § 25b paragraph. 1 of the law on
savings and credit cooperatives, or § 116 of the law on business
the capital market.