Change The Decrees For The Implementation Of The Accounting Act For Banks

Original Language Title: změna vyhlášky k provedení zákona o účetnictví pro banky

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=72738&nr=420~2F2010~20Sb.&ft=txt

420/2010 Sb.



DECREE



of 21 June 1999. December 2010,



amending Decree No 501/2002 Coll., which implements certain

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

regulations for business units, which are banks and other financial

institutions, as amended



The Ministry of Finance shall determine in accordance with § 37 b, para. 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 of this Act:



Article. (I)



Decree No 501/2002 Coll., which implements certain provisions of the Act

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

units which are banks and other financial institutions, as amended by

Decree No. 469/2003 Coll., Decree No. 539/2004 Coll., Decree No.

398/2005 Coll., Decree No. 350/2007 Coll. and Decree No 470/2008 Coll.,

be amended as follows:



1. In article 2 (2). 1 (b). (j)), the comma is replaced by a dot and the word "or" is

repealed.



2. In article 2 (2). 1, point k) including footnote No. 6a)

repealed.



3. In article 2 (2). 1 at the end of subparagraph (j)) is replaced by a comma and dot

the following points (k) and (l))), including footnote # 21

shall be added:



"to) electronic money institutions ^ 21), or



l) payment institutions ^ 21).



21) Law No 284/2009 Coll., on payments, as amended

regulations. ".



4. In section 2, paragraph 1, the following paragraph 2 is added:



"(2) this Ordinance shall apply to the entity referred to in paragraph 1

(a). k) and (l)), only if they are financial institutions under the Act

relating to the bank. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



5. In article 2 (2). 5, the words "this Ordinance does not apply" shall be replaced by

"From the business units referred to in paragraph 1 of this Decree

does not apply, with the exception of the provision of section 81a, ".



6. In article 2 (2). 5, the words "§ 7 para. 9 and "shall be deleted and the word" law "

the words "and further on the entity under section 19a of the Act".



7. In paragraph 55, the following paragraph 2 is added:



"(2) an entity that has applied accounting methods in a manner based on

the assumption that it will continue its activities continuously and for that

at the same time there is a significant uncertainty, specifically in the

the fact that suggests that an entity need not be

able to continue their activities continuously and as a result, in

part of its normal business activities, for example, to perform its obligations,

be disclosed in the notes to the financial statements. Next, describe the potential

measures or proposals for the solution of these matters. ".



8. In article 66, the following paragraph 3 is added:



"(3) an entity that provides payment services or issues

electronic money and financial institutions under the law governing

the activities of the bank, shall be shown in the chart of accounts separate accounts on which the

posted about this activity ^ 21). "



9. section 81, including footnote No 22:



"§ 81



(1) to the consolidated financial statements includes consolidating accounting

Unit



and) consolidated units with the consolidating accounting

the unit consists of the consolidation unit



(b)) of the entity under a common influence and business units associated with,

If you will compile the consolidated financial statements.



(2) to the consolidated entity may not be included in the consolidated financial

units,



and that do not share) on a significant taxable ^ 22) in terms of

give a true and fair view of the subject of accounting and financial

the situation of the consolidated Group; If two or more such

consolidated units their share significant ^ 22),

These business units are included in the consolidated Group, or



(b)) for which the long-term restrictions significantly hinder the consolidating accounting

Unit in the exercise of its rights in respect of disposal of the property or the control

referred to consolidated units, or, exceptionally, where

without demonstrably necessary disproportionate costs or no proven

required excessive delay to obtain the information necessary for Assembly

the consolidated financial statements in accordance with this Decree, or



(c)) where shares of consolidated units held

solely for the purpose of sale.



(3) For the inclusion of the business units under the joint influence of the items

consolidated accounts shall apply mutatis mutandis the provisions of paragraph

2.



(4) the entity associated with the items may not be included in the

the consolidated financial statements, where the proportion of the consolidating accounting unit

in the equity of the entity associated with the insignificant in terms of

give a true and fair view of the subject of accounting and financial

the situation of the consolidated Group.



22) § 19 para. 6 of the Act on accounting. ".



10. In section 81a of paragraph 1. 1 the introductory part, the words ' pursuant to the provisions of § 81 para.

1 and 2 "shall be deleted.



11. in section 81a of paragraph 1. 1 (b). and the word ")" be deleted and the word "drive"

replaced by the word "drive".



12. in section 81a of paragraph 1. 1 (b). (b)), the word "the" and the words "for consolidation

all "be deleted.



13. in section 81a of paragraph 1. 1 (b). (b)), the word "unit" shall be replaced by

"units".



14. in section 81a of paragraph 1. 2 (a). (b)), after the words "which" shall be replaced

"this".



15. in section 81a of paragraph 1. 2 the semicolon at the end of the text of subparagraph (c)) is replaced by the

a comma and the words "certified translation of the required" shall be deleted.



16. in section 81a of paragraph 1. 3, the words "whose securities are registered"

replaced by the words "that are the issuer of securities admitted to

trading "and the words" in any "shall be replaced by the words" securities

based in ".



17. in section 81a of paragraph 1. 4, the words "controlled or controlled by the person" be replaced by

the words "of the consolidated unit".



18. in section 81a of paragraph 1. 4, the word "exempt" is replaced by "this".



19. in section 82 para. 1, the words "in accordance with the relevant methods", the word

"consolidation", the words "consolidated Group" and the word "consolidation"

shall be deleted.



20. in section 82 para. 2 the term "consolidation", the words "(hereinafter referred to as" partial

consolidation units ")" and the word "consolidation" is deleted.



21. in section 82, paragraph 3 shall be deleted.



Paragraphs 4 to 9, shall be renumbered as paragraphs 3 to 8.



22. in section 82 para. 3 of the introductory part of the provisions, the words "for consolidation

all "be deleted.



23. in section 82 para. 3 (b). a), the words "controlled or controlled by the person"

shall be replaced by "consolidated entities".



24. in section 82 para. 3 (b). (b)), the words "a person who is controlled in whole

conformity with the other or others, if these persons have the same proportion of the

in the capital-controlled or controlled by the person, shall be replaced by

"the entity under a common influence".



25. In section 82 para. 3 (b). (c)), the words "persons with substantial influence"

replaced by the words "of the entity associated with the".



26. in section 82 para. 4, the words "controlled or managed by people" are replaced by

the words "consolidated units".



27. in section 82 para. 5, the words "persons controlled in conformity" shall be replaced by

"the business units under the joint influence of" and the words "registered capital

This person "is replaced by" equity accounting

units ".



28. in section 82 para. 6, the words "controlling person to person with substantial

the influence of "shall be replaced by the words" the consolidating accounting unit on book

Unit is associated with ".



29. in section 82 para. 6, the last sentence shall be deleted.



30. In paragraph 82, paragraph 6, the following paragraph 7 is added:



"(7) for the business units that have an obligation to submit to the Assembly

the consolidated financial statements, you can change the consolidation method

only in exceptional cases. Such an amendment shall be an entity in

Notes to the financial statements on the grounds and a statement of its effect on the

assets, liabilities and financial position of the entities included in the

consolidated accounts. ".



Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.



31. in section 82 para. 8, the word "persons" shall be replaced by the words "business units"

and the words "consolidated Group" shall be replaced by the word "consolidation".



32. In section 82 para. 9, the words "in the consolidated financial statements have been

captured only those relationships that have been persons of the consolidating unit

implemented outside of the consolidation unit "shall be replaced by" consolidated

the financial statements did not contain mutual transactions that were made

business units in the consolidation ".



33. In § 82 para. 9, the words "the purchase and sale of stocks, fixed

property of "and the words" consolidated Group "shall be deleted.



34. In section 82 para. 9, after the words "influence on" following the word "consolidated".



35. In § 83 para. 2 the words "consolidating and consolidated

units "shall be replaced by the words" the consolidating accounting unit, consolidated

business units, business units under the joint influence of the accounting

the units of the associated ".



36. In § 83 para. 2 the term "consolidation" shall be deleted and the words

"provide the consolidated entities" are the words "accounting

units under the joint influence of the accounting unit and associated ".




37. In § 83 para. 3 the words "consolidated Group" shall be replaced by ",

they have an obligation to submit to the Assembly the consolidated financial

the shutter ".



38. In paragraph 83, paragraph 5 shall be deleted.



39. In § 85 para. 2 of the introductory part, the words ' in accordance with provisions applied

methods of consolidation "shall be deleted.



40. In § 85 para. 2 (a). (b)), the words "minority interests result

management and a share of the profit or loss in equivalence. ' shall be deleted.



41. In § 85 para. 2, the following point (c)), which read as follows:



"(c)) of the minority interests in the profit or loss on a share of the result

management of equivalence, in accordance with the consolidation method used. ".



42. In § 86 para. 1 the introductory part, the words ' mutatis mutandis provisions

information pursuant to § 54 to 60 and further information about "shall be replaced by the words" in

the consolidated financial statements ".



43. In § 86 para. 1, letter a) is added:



"and the amount of remuneration) paid in the reporting period in cash, as well as

non-cash form of persons who are members of the governing body,

statutory or other managing and supervisory bodies, as well as the amount of

obligations incurred or entered into in respect of former members

listed bodies, with an indication of the total for each category.



Footnote # 18b and 18 c is deleted.



44. In § 86 para. 1, letter a) the following new subparagraph (b)), which read as follows:



"(b)) and information about the total cost of the remuneration of the statutory

auditor or audit firm for the accounting period broken down by:



1. the statutory audit of the financial statements,



2. other assurance services,



3. tax advisory services,



4. non-audit services. "



Subparagraph (b)) and m) shall become point (c)) to (n)).



45. In § 86 para. 1 (b). (c)), the words "other receivables" are replaced by

the word "credit" and "guarantees" are replaced by the words "all

forms of collateral ".



46. In § 86 para. 1 letter d) is added:



"(d) the aggregate amount of liabilities) that are not listed in the

the consolidated balance sheet, if these information useful for the assessment of

the financial situation; separately, shall indicate all the liabilities related to

pensions and commitments between the consolidating accounting unit and accounting

units not included in the consolidated accounts. "



47. In § 86 para. 1 the letters e) to (h)) shall be deleted.



Letters i) to (n)) shall become letters e) to (j)).



48. In § 86 para. 1 (b). e), the words "securities and shares

valued using the equity method (consideration), accounts receivable/payable "

replaced by the words "total liabilities".



49. In § 86 para. 1 (b). e), the words "receivables and Payables

covered by the lien or encumbrances "are replaced by the words" and

the total amount of the secured obligations, "and the words" in the event of default "

shall be deleted.



50. in § 86 para. 1 (b). (f)), the word ' way ' is replaced by

"the way" and the words "revaluation" is added after the comma.



51. In § 86 para. 1 (b). f), the words "the consolidating accounting unit

information to the extent required § 60.0 "are deleted.



52. In § 86 para. 1 (b). g), the words "the nature and business purpose"

replaced by the words "nature and business purpose" and the words "of the consolidation

the whole "shall be deleted.



53. In § 86 para. 1 letter i) reads as follows:



"i) additional information on the nature and conditions of implementation of the financial

assistance; in the case of non-inclusion of consolidated entities, or accounting

units associated to the consolidated financial statements in accordance with § 81 para. 3

(a). (c)) and paragraph 4, which is a bank or other financial institution, and

If the shares of this business unit is temporarily held in the framework of the

financial assistance for the purpose of reorganization or other measures aimed at

to continue the activity, accompanied by the consolidating accounting unit

consolidated financial statements, the accounts of this entity ".



54. In § 86 para. 1 (b). (j)), the word "transactions" shall be replaced by

"transaction" and the words "in the framework of the consolidation unit" shall be replaced by

"between the entities in the consolidation".



55. In § 86 para. 1 (b). (j)), after the words "the consolidating accounting unit"

shall be inserted after the words "or other" is deleted.



56. In § 86 para. 1 (b). (j)), after the words "consolidated entities"

the words "business unit under the joint influence of or accounting

the units of the associated "and after the words" financial situation ^ 18 d), the words "

"consolidated Group" shall be deleted.



57. In § 86 para. 1 (b). j), the words "normal regulated

the market. Information "including footnote # 18e is replaced by

"current market conditions; information ", after the words" financial situation "

the semicolon is inserted, and the words "of the consolidated Group. For the purposes of this

the Decree has a "shall be deleted.



58. In § 86 para. 1 (b). (j)), after the words "" related party "" is inserted

the word "has" and the words "referred to in § 23a para. 1 of the Act "shall be replaced by

the words "governed by the law of the European Union".



59. In § 86 para. 2 of the introductory part, the words ' the provisions of the procedure

include the business units and "are deleted.



60. In § 86 para. 2 letter a) is added:



"and the method of consolidation), pursuant to section 82 para. 1 and the method of consolidation

According to § 82 para. 4. "



61. In § 86 para. 2 (a). (b)), the words "or the name" shall be deleted and the word

"registered office" shall be inserted after the word "consolidated".



62. In § 86 para. 2 (a). (b)), the words "the degree of influence (dependencies) and

share (participation) in the capital of these business units "

replaced by the words "the proportion of capital in accounting

units held by other entities than the consolidating accounting

unit or persons acting in their own names but on behalf of those

the business units; further, stating the grounds on which has become

the controlling entity ".



63. In § 86 para. 2 (a). (b)), the words "of the voting rights or other

How to control with an indication of the consolidation methods when their consolidation

pursuant to § 71 para. 4 possible reasons the consolidation

methods, ' shall be deleted.



64. In § 86 para. 2 (c)) shall be deleted.



Subparagraph (d)) to (h)) shall become point (c)) to (g)).



65. In § 86 para. 2 (a). (c)), the words "or the name" shall be deleted and the word

"registered office" shall be inserted after the word "consolidated".



66. In § 86 para. 2 (a). (c)), the words "on the grounds that non-inclusion"

replaced by the words "pursuant to § 81 para. 2, including the reasons for their non-inclusion with

an indication of the proportion of capital in those business units

held by persons other than the consolidating accounting unit ".



67. In § 86 para. 2 letter d) is added:



"(d)) business name and registered office of the business units, which are associated with

included in the consolidated financial statements, indicating the market share of their

own capital held by the entity are included in the consolidation

or a person acting in his own name but on behalf of those accounting

units ".



68. In § 86 para. 2 letter e) is added:



"e) business name and registered place of business units that are not associated with

included in the consolidated financial statements in accordance with § 81 para. 4, including

reason for non-inclusion ".



69. In § 86 para. 2, letter e) the following points (f) and (g))),

are added:



"(f)) business name and registered place of business units under the joint influence of

included in the consolidated financial statements, indicating the market share of their

capital held by the entity included in the consolidation or by persons

acting in his own name but on behalf of those business units; further

shall state the reasons on which it is carried out to a common effect,



g) business name and registered place of business units that are not listed below

(b)) to (f)), in which the consolidating accounting unit itself or

through a person acting in his own name and on behalf of the percentage

share in the equity of less than 20; Enter the amount of the share on the

equity, including the total amount of own funds, the amount of

profit or loss for the latest financial year of the accounting

units; This information may not be listed, unless the accounting

units relevant for the give a true and fair view of the subject

accounting and financial situation in the consolidated accounts; information

on the equity and the profit or loss is also not shown

If they are not published and where the proportion of the consolidating accounting unit on

equity directly or through other entities

less than 50 percent, ".



Subparagraph (f)), and (g)) shall become points (h) and (i))).



70. in § 86 para. 2 (a). h) after the word "used" is inserted after the word

"accounting" and "General" shall be deleted.



71. In § 86 para. 2 at the end of the text of the letter h) a comma is replaced by

a semicolon and the following words "for the items listed in the consolidated

accounts which are or were originally expressed in foreign currency, the

information about how their conversion to the currency in which the

consolidated financial statements have been prepared, ".



72. In § 86 para. 2 (a). I) semicolon replaced with a comma and the words "for

employees involved in the management of the entity shall indicate the


the appropriate amount of personal expenses "are replaced by the words" broken down by

categories; separately, shall indicate the average number of employees in the

during the accounting period for the business units under a common influence ".



73. In § 86 para. 2 at the end of paragraph (i) is replaced by a comma and dot)

the following point (j)), which read: "j) an explanation of the item" the positive

consolidation difference "and" Negative consolidation difference ", methods of their

the determination and any significant changes compared to the previous accounting period

period. ".



Article. (II)



Transitional provisions



1. the provisions of Decree No. 501/2002 Coll., in the version in force from the date of acquisition

the effectiveness of this Ordinance, shall apply for the first time in the financial year,

began in 2011 or later, unless otherwise provided for in point 2.



2. the provisions of section 2 (2). 5, § 81 to 86 of Decree No. 501/2002 Coll., on

the version in force from the date of entry into force of this order, shall first apply

When preparing the consolidated financial statements for the accounting period

started in 2010 or later.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 2011.



Minister:



Ing. Kalousek in r.