Amendment Of The Decree Implementing The Law On Accounting For Insurance Companies

Original Language Title: Změna vyhlášky k provedení zákona o účetnictví pro pojišťovny

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=81283&nr=469~2F2013~20Sb.&ft=txt

469/2013 Sb.



The DECREE



of 20 December. December 2013,



amending Decree No 502/2002 Coll., which implements certain

the provisions of Act No. 563/1991 Coll., on accounting, as amended,

regulations, for accounting units, which are insurance undertakings, as amended by

amended



The Ministry of Finance shall determine in accordance with section 37b of paragraph 1. 1 of Act No. 563/1991

Coll., on accounting, as amended by law No 437/2003 Coll. and Act No 304/2008

Coll., to implement section 4, paragraph 4. 8:



Article. (I)



Decree No 502/2002 Coll., which implements certain provisions of the Act

No. 563/1991 Coll., on accounting, as amended, for the accounting

units which are insurance undertakings, as amended by Regulation No. 474/2003 Coll.

Decree No. 546/2004 Coll., Decree No. 399/2005 Coll., Decree No.

351/2007 Coll., Decree No 411/2009 Coll. and Decree No 421/2010 Coll., shall

amended as follows:



1. In the introductory part of the provisions of section 1, the words "European Community",

replaced by the words "European Union".



2. In section 3, paragraph 3. 2 and 4, § 4, paragraph 4. 1, 4, 6, 7 and 8, § 5 (3). 1 and 3, § 10

paragraph. 13, section 16. 10 (a). and), section 22, paragraph. 2 (a). g) and m), section 22

paragraph. 3, § 36 odst. 2 and section 37, paragraph. 2 the word "(balance)" is deleted.



3. In section 3, paragraph 3. 2, section 4, paragraph 4. 2, 3 and 5, section 22, paragraph. 1 introductory part

the provisions of section 22, paragraph. 2 (a). (f)), section 23, paragraph. 2 (a). (e)), section 23, paragraph. 6

(a). (d)), § 39, paragraph. 4 and 5 and article 41, paragraph. 2 the word "(balance)" is deleted.



4. In section 3, paragraph 3. 6, after the word "partners", the words "commercial

Corporation "and the words" dividends or other "is deleted.



5. In section 5 (3). 3 the word "(real estate)" is deleted.



6. In section 5 (3). 5, the word "undertakings" shall be replaced by the words "commercial

company ".



7. In section 7 (2). 3. footnote 9 is added:



"9) § 1879 of the civil code.".



8. In section 7 (2). 3, the words "the right to compensation for damage caused by the insured

event. ^ 10) "shall be replaced by the words" transfer of rights on the insurer ^ 10). ".



Footnote 10 is added:



"10) section 2820 of the civil code.".



9. In section 7 (2). 3, the words "the transition law on compensation for damage caused by

the insurance event "shall be replaced by the words" transfer of rights "to the insurer.



10. In section 8 (2). 4 and 5, the word "commitments" shall be replaced by the word "debts".



11. In section 8 (2). 7, the words "the full amount of contributions receivable

insurers for payment transactions referred to in section 24, paragraph. 2 and section 29.

1 of the law on insurance of liability from the operation of the vehicle and paid

insurance frontier insurance ' shall be deleted.



12. In section 8 (2). 8, the second sentence shall be deleted.



13. In section 8 (2). 9, after the words "the costs of financial placements," shall be inserted after

the words "in accordance with the nature of the transaction and the transaction" and the words "in the

Non-technical account "shall be inserted after the words" in "and 7. (c)), the administrative

directed by ", or under" i. 8. Other technical expenses, net of

ensure "in the technical account for non-life insurance".



14. In section 8, paragraph 9 shall be added at the end of the sentence "in accordance with the marketing

These costs are in the same amount of mentions the use of the guarantee fund.



15. In section 8 (2). 10, the words "of frontier insurance, revenues from contributions

insurers for payment transactions referred to in section 24, paragraph. 2 and section 29.

1 the Act on the liability insurance of the vehicle traffic and revenue "and the

the second deleted.



16. In section 8 shall at the end of paragraph 11 is added the phrase "in accordance with the marketing

the creation and use of technical provisions shall in the same amount of use and gives

the creation of Garanč-lation Fund, with the exception of the amounts of the creation and use of

technical provisions for outstanding claims arising from the border

insurance. ".



17. In section 8, paragraph 11, insert a new paragraph 12, which read:



"(12) For placing reinsurance contracts shall apply mutatis mutandis the relevant Office

the provisions of title II and title III. In accordance with the marketing of

in the same amount of lists the creation and use of the guarantee fund, with the exception of the

ensure border insurance. ".



Paragraphs 12 and 13 shall become paragraph 13 and 14.



18. In section 8 (2). 14, the words "for the applied regresy" shall be replaced by the words

"The remuneration Received claims paid", the word "apply" shall be replaced by the words "

indicate the manner in a modified "and the words" with the fact that these regresy will

State at the time and in the amount of the collection of funds on account

The Office "shall be deleted.



19. In section 8 shall be added to paragraph 15, which read:



"(15) adopted by the payment of contributions under section 24 c of the law governing the

liability insurance of motor vehicle lists Office under the heading "i. 3.

Other technical income, net of reinsurance technical account

non-life insurance profit and loss. At the same time in the same amount of

shows the creation of a guarantee fund. ".



20. under section 8, the following new section 8a, including title and notes

line no 52:



"§ 8a



Pool barrier damage



(1) the Office provides the creation of the Fund, the barrier damage ^ 52) from the contribution of members of the

Office as increasing its balance at the time of acceptance of the payment

the contribution from a member of the Office, in the item "URG.VII. Pool barrier damage "

liabilities. As well, in the case of the creation of the Fund subsidies of barriers

The Office of its resources into this Fund.



(2) the Office provides the use of the Fund to the amount of damage the barrier of the contributions by

paragraph 1, as a reduction of its balance at the time of the granting of funds

to cover the costs, and in the item of liabilities "URG.VII. Pool barrier damage ".

As well, in the case of the use of the Fund for the provision of barrier damage

grants or leases.



(3) Office reported income from the investment of temporarily free funds

Pool barrier damage in the non-technical account item III. 3. The proceeds from the

financial placements (investments), "statement of profit and loss. At the same time with

putting these lists in the same amount of damage in the creation of the Fund inhibitions

non-technical account item III. 8. Other costs ".



(4) the Office lists the costs of investing temporarily free

resources of the Fund of claims in the entry barriers the non-technical account "III. 5.

The costs of financial placements (investments), "statement of profit and loss.

At the same time indicating those costs in the same amount of use of Fund

the barrier damage in the non-technical account item "III. 7. Other income ".



(5) in the case of the obligations of the recipient to return the funds to the Fund

inhibitions of the damage is the Office until their payment placed on off-balance sheet

accounts. At the time of payment of such funds as the creation of the Fund

inhibitions of damage referred to in paragraph 1, including, where applicable, the interest paid from the

the delay.



52) Act No. 168/1999 Coll., on liability insurance for damage caused by

the operation of the vehicle and on the amendment of certain related laws (the law on the

liability insurance of the vehicle), as amended by Act No. 160/2013

Coll., amending Act No. 168/1999 Coll., on liability insurance

damage caused by operation of the vehicle and on the amendment of certain related

laws (the law on the liability insurance of the vehicle), as amended by

amended, law No 238/2000 Coll., on Fire Rescue

the Corps of the Czech Republic and on an amendment to certain acts, as amended

regulations, and Act No. 586/1992 Coll., on income taxes, as amended by

amended. ".



21. In the title of title II of part two, the word "(BALANCE)" is deleted.



22. In section 9 (2). 1 the words "and members of cooperatives" shall be replaced by "commercial

Corporation "and the words" of the commercial code and a specific legal

prescription. ^ 16) "shall be replaced by the words" the Act on business corporations and

the law governing the insurance industry. ".



Footnote 16 is deleted, including the reference to the note under

line.



23. In section 9 (2). 2 the words "^ 17) computer programs (software) and other

Copyright by special legal regulation "are replaced by the words" towards

computer programs and other objects of protection under copyright

of the Act, where appropriate, other intangible things ^ 53) ".



Footnote No. 53:



"section 53), paragraph 496. 2 of the civil code. ".



Footnote 17 is repealed.



24. In section 9 (2). 2 at the end of the text of the third sentence, the words ", in

as amended, (hereinafter referred to as "Decree No. 500/2002 Coll.") ".



25. In section 10, paragraph 1. 1, the word "and" shall be replaced by a comma and the word

"(real estate)" shall be replaced by the words "or other things, immovable."



26. In section 10, paragraph 1. 2 the word "(real estate)" be deleted and the words "all

real estate ^ 18) "shall be replaced by the words" land and buildings, or other

things Realtek ^ 54) ".



Footnote No. 54:



"54) for example. section 498, paragraph. 1 of the civil code. ".



Footnote 18 is hereby repealed.



27. In section 10, paragraph 1. 2 the second sentence, the words "operational real estate

which are considered as real estate, which "shall be replaced by the words" this property

as operational investments, if it ".



28. In section 10, at the end of paragraph 2 the following sentence "in this item further

State law building and easements with the exception of the exploitation rights to the

the land and building, if they are not reported as part of the awards in the framework of the

the item "C.I." or "F.I.".



29. In section 10, paragraph 1. 3 footnote No 20:
"20) § 71 et seq.. Act No. 90/2012 Coll., on commercial companies and the

cooperatives (Act on business corporations). ".



30. In section 10, paragraph 1. 3 the word "loan" shall be replaced by the words "lease or

loans granted ".



31. In section 10, paragraph 1. 4 footnote No. 21 and 22:



"21) section 31 of the Act on commercial corporations.



22) section 74 of the Act on commercial corporations. ".



32. In section 10, paragraph 1. 8 (a). and the word "loans)" shall be replaced by the words "lease

or loans. "



33. In section 10, paragraph 10 is added:



"(10) the item" URC.III. 5. Other leases or loans "includes amounts

provided by the insured person, which is the main guarantee of the insurance contract. In

This item shall also indicate the amount of the insured person, provided that

are not guaranteed by the insurance contract. ".



Footnote No 25 and 26 shall be deleted.



34. In section 10, paragraph 1. 13 (a). (b)), the words "the commitments" shall be replaced by "with the

debts ".



35. In section 11 (1). 1 at the end of the text of the first sentence, the words ",

If they are not as intangible thing movable items listed in the "B." or

"(C)" assets ".



36. In section 11 (1). 5, the words "trade receivables from contractual

relations, "shall be deleted.



37. In section 12, paragraph. 2 the introductory part, the words ' the provisions of the land and buildings

(real estate) "shall be replaced by the words" the property referenced in the entry headed "Land

and the construction of the "".



38. In section 12, paragraph. 2 (a). and) footnote No 32 is added:



"§ 32) 498, paragraph. 2 of the civil code. ".



39. In section 12, paragraph. 2 (a). (c)), the word "and" shall be replaced by a comma and the word

"(real estate)" shall be replaced by the words ", where appropriate, other things real," and

the word "backup", the words "and závdavky".



40. In section 12, paragraph. 2 the final part of the provision, the words "this item"

replaced by the words "tangible fixed assets, including the item" C.I. "

assets, "and at the end of the text of the paragraph, the words ', which shall be carried out

some of the provisions of Act No. 563/1991 Coll., on accounting, as amended by

amended, for the accounting units that are entrepreneurs

relation in the system of double-entry accounting "shall be deleted.



41. In section 14, paragraph. 2, the words "of the commercial code and a specific legal

prescription. ^ 16) "shall be replaced by" the law of business corporations and

the law governing the insurance industry. ".



42. In article 14, paragraph. 3, the words "of the commercial code. ^ 36) "shall be replaced by

"the law on business corporations ^ 36).".



Footnote No. 36:



"36) Section 248 of the Act on commercial corporations.".



43. In section 14, paragraph. 6, the words "commercial code" shall be replaced by the words

"the law on business corporations".



44. In section 16. 10 (a). and (b))) and the word "commitments" shall be replaced by

"debts".



45. In section 17(2). 4 (b). (b)), the words "of the undertaking or its part"

replaced by the words "commercial plant, or its part, and in particular the organizational

folder or branch ".



46. In section 18, paragraph. 2 the word "commitments" shall be replaced by the word "debts".



47. In section 18, paragraph. 3, the words "of the loan guaranteed since" be replaced by

the words "Payables from debt securities", the words "borrowing intended"

shall be replaced by the word "specified" and the word "loan" shall be replaced by the word

"bonds".



48. In section 18, paragraph. 4, the words "the obligations of the trade of contractual relations,"

deleted and the word "commitments" shall be replaced by the word "debts".



49. In section 18, paragraph. 4. ^ 41) "shall be replaced by the words

"prescription ^ 41).".



50. In section 18, paragraph. 4, after the words "of the ^ 41)" the words "and the debts of the

the obligations of the members of the Bureau to remit the contribution to the barriers

^ damage 52) ".



51. In section 18, paragraph. 7 the word "commitments" shall be replaced by the word "debts".



52. In section 19, paragraph. 5, the word "commitments" shall be replaced by the word "debt".



53. In section 20 (2). 1, the words "special legislation. ^ 41a)"

replaced by the words "of the civil code ^ 41a).".



Footnote No. 41a is inserted:



"41a) of the Civil Code section 2819.".



54. In section 20, at the end of paragraph 2 the following sentence "in this entry is also

remuneration corresponding to the premiums under the civil code ^ 55). ".



Footnote No. 55:



"section, paragraph 55) 2764. 2 of the civil code. ".



55. In section 20 (2). 3 (b). (b)), the word "commitments" shall be replaced by

"debts".



56. In section 20 (2). 5, the words "income from the commercial contractual relations,

or "shall be deleted.



57. In section 22, paragraph. 1, letter a) is added:



"and the item headed") land and buildings "of holding, ownership and

other substantive rights to assets in this item, as well as other

information about the asset entered in the public lists or

the registers or other records maintained under specific legal

legislation; This applies mutatis mutandis to the property referenced in the item "F.I.", ".



Footnote No. 42 is repealed.



58. In section 22, paragraph. 1 (a). (b)), the words "other loans" shall be replaced by the words

"Other leases or loans", the words "loan policy holders" shall be replaced by

the words "provided by the policy holders" and the words "non-guaranteed loans"

replaced by the words "provided by the non-guaranteed to policyholders".



59. In section 22, paragraph. 1 (a). (d)), the words "this financial position"

replaced by the words "these assets".



60. In section 22, paragraph. 2 (a). (f)), the word "commitments" shall be replaced by

"debts" and "obligations" shall be replaced by the word "debt".



61. In section 22, paragraph. 2 (a). (g)), the word "commitments" shall be replaced by

"Debts".



62. In section 22, paragraph. 2 (a). about) the word "loan" shall be replaced by

"leases".



63. In section 22, paragraph. 3 the words "obligations" shall be replaced by the words "debts".



64. In section 22, paragraph. 5, after the words "organization unit" shall be replaced

"or branch".



65. In section 26, paragraph. 1 the word "(real estate)" is deleted.



66. In section 26, paragraph. 4 (b). and point 1) "received untaxed

dividends "shall be replaced by" received a share of the profit before

tax ".



67. In paragraph 27. 1 the word "(real estate)" is deleted.



68. In section 27. 2 the word "(real estate)" is deleted.



69. In section 27. 3 the word "(real estate)" is deleted.



70. In section 27, the following paragraph 4 is added:



"(4) paragraphs 1 to 3 shall apply mutatis mutandis for things other than real estate

land and buildings ".



71. In section 29. 5, the word "(real estate)" is deleted.



72. In section 29. 9, the words ", as amended," shall be deleted.



73. In section 31, paragraph. 1, after the word "inventory," following the word "animals" and on the

the end of the text of paragraph 1, the words ', which shall be carried out either

the provisions of Act No. 563/1991 Coll., on accounting, as amended,

regulations for accounting units, which are the business relation

system of double-entry accounting "shall be deleted.



74. In § 33 paragraph. 1 the words "land and buildings (real estate)" shall be replaced by

the words "property referenced in the entry headed" land and buildings ".



75. In § 33 paragraph. 2, the words ", which implements certain provisions of

Act No. 563/1991 Coll., on accounting, as amended, for the

the business units are business relation in the system

double-entry accounting "shall be deleted.



76. In § 33 paragraph. 3, the words "is depreciated under section 65a of the business

the code "shall be replaced by the words" must be written off within 5 years ".



77. In § 34 paragraph. 2 the word "commitments" shall be replaced by the word "debt".



78. In § 34 paragraph. 4, the word "undertaking" shall be replaced by the word "debt".



79. In section 35, paragraph. 2 the word "commitments" shall be replaced by the word "debts" and

the words "advances", the words "and závdavků".



80. In section 35, paragraph. 3 the word "commitments" shall be replaced by the word "debts".



81. In section 35, paragraph. 4, the words "mutual credit receivables and Payables

made in accordance with the provisions of the civil and commercial code "

replaced by the words "set-off pursuant to the civil code".



82. In § 36 odst. 1, 3 and 4, the word "commitment" shall be replaced by the word "debt".



83. In paragraph 37. 1 and 2, the word "section 4, paragraph 4. 6 "shall be replaced by ' article 4

paragraph. 12. "



84. In § 39, paragraph. 8 the word "commitments" shall be replaced by the word "debts" and the word

"dividends" shall be replaced by the words "profit sharing".



85. In section 41 at the end of the text of paragraph 2, the words "commercial

Corporation ".



86. In section 43, paragraph. 2 (a). and), the word "commitments" shall be replaced by

"the debt".



87. In section 43, paragraph. 2 (a). (b)), the word "loan" shall be replaced by the words

"závdavků, loaners."



88. In section 43, paragraph. 2 (a). (c)), the word "commitments" shall be replaced by

"the debt".



89. In section 43, paragraph. 2 (a). (d)), the word "commitments" shall be replaced by

"debts".



90. the footnote No. 48a shall be deleted.



91. in annex No 1 item assets C.I.:



"I. land and buildings, of which:



1. Land



2. Construction



and operational investment. ")



92. in annex No 1 in the items of assets (C) (II). 2. and (C) (II). 4. the word

the "loan" shall be replaced by the words "lease and loans".



93. in annex No. 1 in the entry of assets URC.III. 5. the word "loan" shall be replaced by

the words "lease and loans".



94. in annex No. 1 under the words "F.I. assets land and buildings

(real estate) "shall be replaced by the words" the property referenced in the entry headed "Land

and the construction of the "".



95. in annex No. 1 in liabilities item URG.III. the words "Loan guaranteed

Since "shall be replaced by the" Payables from debt securities "and
the word "loan" shall be replaced by the word "bonds".



96. in annex No. 1 under liabilities G. text added to the end of

the entry "VII. Pool barrier damage ".



97. in annex No. 2 in item II. 2. b) aa) is the word "(real estate)"

repealed.



98. in annex No. 2 in item (III). 3. b) ab), the word "(real estate)"

repealed.



99. in annex 3, the word "(real estate)" is deleted.



100. in annex No. 3 chart is added to the Group Pool barrier damage ".



101. in annex 4 explanatory note footnote "*) net profit/loss

means the profit or loss from financial operations by placing the

(investments) referred to in items URC.III. 1. and URC.III. 2. assets. "

repealed.



Article. (II)



Transitional provisions



1. the provisions of Decree No 502/2002 Coll., as amended, effective from the date of acquisition

the effectiveness of this Ordinance, shall apply for the first time in the current accounting period

1 January 2014 and later, unless otherwise provided in the following point otherwise.



2. The accounting unit, which showed long-term intangible and tangible

assets and inventory in the items set out in section 9 (2). 2, § 10 (1). 2 and

section 12, paragraph. 2 Regulation No. 502/2002 Coll., as amended, effective the day of acquisition

the effectiveness of this Ordinance, has this property until its disposal

pursuant to section 9 (2). 2, § 10 (1). 2 and section 12, paragraph. 2 Regulation No. 502/2002

Coll., as amended, effective the date of the entry into force of this order.



Article. (III)



The effectiveness of the



This Decree shall take effect on 1 January 2005. January 2014.



Minister:



Ing. Fischer, CSc., r.