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

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

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=81282&nr=468~2F2013~20Sb.&ft=txt

468/Sb.



DECREE



of 20 December. December 2013,



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:



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., Decree No 470/2008 Coll.,

Decree No. 420/2010 Coll. and Decree No. 408/2012 Coll., is amended as follows:



1. in the introductory part of paragraph 1, the words ' European Community ' shall be replaced by

the words "European Union".



2. In article 2 (1):



"(1) the Decree shall apply to accounting units pursuant to § 1 (1). 2 (a).

and), (b)), j and k) of the Act) that are:



and the Bank and the branch) foreign banks under the law governing the activity of the

banks,



(b)), a savings and cooperative úvěrním under the law governing the activity of the

savings and credit cooperative societies (hereinafter referred to as "Credit Union"),



(c) a securities dealer), organizational component of the foreign

brokerage house under the law governing business on

the capital market,



d) investment company and investment fund or a branch of a foreign

a person who is authorized to manage investment funds or

foreign investment funds under the law governing the activity of the

investment companies and investment funds,



(e)) mixed-activity holding a person under the law governing the activity of the bank,



(f)) is a financial holding, by a person under the law governing the activity of the bank,



g) pension companies, pension fund, participating fund or

transformed by the Fund under the law governing supplementary pensions

savings or pension fund under the law governing pension

savings,



h) electronic money institution, a branch of a foreign institution

electronic money from a Member State in accordance with the law governing

payments, or



I) payment institution, the payment institution of foreign branch

Member State, under the law governing payments. ".



Footnote No. 2, 3, 4, 5, 6, 21 and 23 are deleted, including the

references to footnotes.



3. In article 2 (2). 2 the words "l) and (m))" shall be replaced by "h) and (i))" and on the

end of the text of paragraph 2, the words "or branches of foreign

people that are comparable with financial institutions under the Act

relating to the bank. ".



4. in article 2, paragraph 3, including footnote # 7, and paragraph 4

shall be deleted.



Paragraphs 5 and 6 shall be renumbered 3 and 4.



5. In section 3, paragraph 3. 2 the words "(balance)" and "()" are deleted.



6. In section 3, paragraph 3. 4, the word "(balance)" is deleted.



7. in section 3, paragraph 3. 5, the first sentence shall be inserted after the phrase "an overview of the changes

equity do not draw up business units pursuant to § 1 (1). 2 (a).

(b)), j and k) of the Act). ".



8. In section 4, paragraph 4. 1, 4 and 6, the word "(balance)" is deleted.



9. in section 4, paragraph 4. 2 and 3, the word "(balance)" is deleted.



10. in the second section in the title of title II is the word "(balance)" is deleted.



11. in section 7 (2). 1, the word "are" replaced by the word "not".



12. In section 8 paragraph 1 reads:



"(1)" 4. Receivables from clients-members of credit unions "

includes the business units that are bank or cooperative

záložnou, accounts receivable of loans and other receivables including accessories

domestic and foreign clients, members, credit unions or

persons who are not bank or credit záložnou, and in particular

the debit balance of the current account, factoring receivables, accounts receivable

arising from financial leasing, payment claims from guarantees,

letters of credit, loans under repurchase transactions, prepayments for acquisition

securities provided for a period of more than thirty calendar days,

claims arising from the sale of securities with deferred maturity

sales prices in the period of more than thirty calendar days, accounts receivable

arising from the sale of securities outstanding, within thirty days after the

a specified settlement date, non-marketable debt securities

issued by entities other than banks, which are not taken by the

the aim of immediate or early sales and are not measured at fair

value, and provisions to these claims. ".



13. in § 8 para. 2 the term "Member" shall be replaced by the word "cooperative".



14. in § 8 para. 2 the words "in cooperative three other ' shall be deleted.



15. In § 8 para. 2, the last sentence shall be deleted.



16. in § 9 para. 1, the words "through profit or loss,

available for sale "shall be deleted and the words" borrowed debt securities "

replaced by the words "provided by debt securities of loaner."



17. in § 9 para. 2, the words "non-marketable debt" and the words "which

are not taken with the intention of immediate or early sales and

are not measured at fair value, ' shall be deleted.



18. in section 10, paragraph 1 reads:



"(1)" 6. Shares, units and other investments "contains

the shares, which do not have the character of participation with a controlling or substantial

the influence, units, other securities and securities provided by the

under the repurchase transactions or loaner. The entry contains a corrective entry

the fair value of the shares of neoceňovaným. ".



19. in paragraph 11 (1) 1 the term "(consideration)" is deleted.



20. In paragraph 11 (1) 2 the term "(consideration)" is deleted.



21. in § 13 para. 1, after the word "files" is inserted the word "tangible".



22. in paragraph 13 the end of the text of paragraph 3, the words ", as amended by

amended ".



23. in paragraph 15, the word "outstanding" replaced by the word "outstanding".



24. in paragraph 15, the word "Member" shall be replaced by the word "cooperative".



25. in paragraph 15, the words "credit unions" and the words "Credit Union"

replaced by the word "cooperatives" and the word "člena9) ' is replaced by

"Member".



Footnote 9 is deleted.



26. in article 16, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



27. in § 17 paragraph 1 reads:



"(1)" 1. Due to banks and cooperative savings associations "provides for

the business units that are bank or cooperative záložnou, debts of the

loans and other debts to the central banks, other banks, or

the cooperative savings associations, including accessories, especially loans,

loans under repurchase transactions, the payment of guarantees, letters of credit of. This

It also contains current accounts and term deposits of central banks

other banks or credit unions. In this entry are not recognised

obligations arising from the securities, which are stated in the item "3.

Payables from debt securities "or" 4. Other liabilities ".".



28. in section 18 para. 1 the word "commitments" shall be replaced by "debt".



29. section 20 including the title reads as follows:



"section 20



Other liabilities



(1) the item "4. Other liabilities "includes obligations towards third parties,

in particular, advances received from the authorising officers for the purchase of securities, debts of the

supplementary pension schemes, retirement savings plan, or supplementary

pension savings, liabilities from securities trading and other

the debts, which have the character of debts of labor and supply chain

customer relationships or debts to the State budget, if they are not

included in other items. It also contains a negative fair

the value of derivatives, including embedded derivatives separated from the host

tools according to § 6 paragraph 1. 2, liabilities from short sales, other than

debt securities, deferred tax debt, liabilities of the values to

collection, other unidentified amounts owed to customers, items

the passive and the other balances for accounts that are not contained in other

entries. This item does not include the accrual accounts that are

shown under "5. Income and accrued expenses ".



(2) the accounting unit in the item "4. Other liabilities "exhibit

outstanding securities at their redemption. ".



30. in paragraph 22 of the paragraph. 1 the word "commitments" shall be replaced by "debt".



31. in section 22 para. 2 the term "commitment" is replaced by "debt", the words

"funds and pension" shall be deleted and the word "commitments" shall be replaced by the word

"debts".



32. In paragraph 22 of the paragraph. 5, the word "commitment" is replaced by "error" and the word

"company" shall be replaced by the words "of a business corporation or a part thereof".



33. section 24 of the title:



"§ 24



The capital of the



(1) the entry "8. The capital "includes the subscribed capital. In

a separate subheading, an entity shall be paid-up share capital.

This item also includes its own shares without regard to the purpose of acquisition

that reduce the value of the share capital.



(2) business units that have a variable share capital according to the law


governing the activity of investment companies and investment funds, in

the entry "8. The capital of the "show only the amounts deposited by subscribing

founding shares shall be entered in the commercial register. ".



34. section 25, including the title reads as follows:



"§ 25



Share premium



(1) the item "9. Share premium "contains the difference between the emission rate and the

contribution to the share capital. This item also includes the difference between the

the share of equity and its cost reduction

the share capital and the difference between the sales price and the purchase price when you

sale.



(2) this item includes the share premium in the case of emission units

sheets or investment shares and, if possible, by which the deduction is reduced

the current value of the share certificate or the investment shares, the

redemption. ".



35. In section 28 the first sentence after the word "leaves" the words "or

investment shares ".



36. In paragraph 28 of the second sentence, the word "nominal" is replaced by

the "current".



37. In paragraph 28, the text at the end of the second sentence, the words "or

investment shares, the value of the earned pension and retirement

units ".



38. In section 29 para. 2 the words "the investment company for their

managed mutual funds, investment funds, pension funds and

pension company for cultivated by them transformed pools "

replaced by the words "accounting units".



39. In paragraph 32 (a). and the word "loans)" shall be replaced by "leases".



40. In paragraph 32 (a). (c)), the word "commitments" shall be replaced by "debt".



41. In paragraph 33, the word "commitments" shall be replaced by "debt".



42. In paragraph 39 (b). and the word "loans)" shall be replaced by "leases".



43. In section 44 para. 1, after the word "or", the word "other" is deleted, and the word

"the commitments" shall be replaced by the word "debt".



44. In § 44 para. 2, the words "and" 6. Shares, units and other ""

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



45. In section 44 para. 4, the word "commitments" shall be replaced by the word "debts" and

the word "commitments" shall be replaced by the word "debt".



46. In paragraph 45, the words "dividends from shares and similar income from other

shares "shall be replaced by" profit ".



47. In paragraph 45, the words "dividends from stocks and shares" shall be replaced by

"Profit sharing" and the word "(the equivalent of)" shall be deleted.



48. In § 47 para. 1, the words "for sale" are deleted.



49. In § 47 para. 2 the words "the investment company for their

managed mutual funds, investment funds, pension funds and

pension company for cultivated by them transformed pools "

replaced by the words "accounting unit" and the words "award-winning fair value

at the moment of his loss "shall be deleted.



50. in § 50 para. 4, the word "(the equivalent of)" is deleted.



51. In § 50 para. 5, the word "(the equivalent of)" is deleted.



52. In paragraph 51, the word "(the equivalent of)" is deleted.



53. In paragraph 53, the word "dividends" shall be replaced by "profit" and

the word "(the consideration)" shall be deleted.



54. In § 55 para. 2, the word "business" is deleted.



55. In section 56 (a). point 9), the word "liabilities" is replaced by the word "debt".



56. In paragraph 56 (b). (b) of paragraph 4, the word) "commitment" shall be replaced by "debt".



57. In paragraph 57 (a). and section 4) after the word "on", the words "the ticker

and "and the words" or on the stock exchange "shall be deleted.



58. In paragraph 57 (a). and paragraph 8, the word ")" commitment "shall be replaced by the word" debt ".



59. In paragraph 57 (a). b) points 3 and 4, the word "(balance)" is deleted.



60. In article 59 paragraph 2. 2 (a). (d)), after the word "nominal" the words

"or an accountant."



61. In section 59 paragraph 1. 2 (a). (e)), the word "commitments" shall be replaced by

"debts".



62. In section 60 paragraph. 1 (b). and), the word "undertaking" shall be replaced by

"the debt".



63. In section 60 paragraph. 1 (b). (d)), after the words "other accounts receivable"

the word "commitments" shall be replaced by the word "debt".



64. In § 60 para. 1 (b). (f)), after the words "broken down" following the word "to".



65. In § 60 para. 1 (b). (j)), the word "kupovaném" shall be replaced by

"pořizovaném".



66. In § 60 para. 3 (b). (c)), point 2, the word "commitments" shall be replaced by

"debt".



67. In paragraph 62 of the introductory part of the provisions, the words "for their managed

mutual funds ' shall be deleted.



68. In paragraph 63 (b). (c)), the word "share" replaced by the word "deposit".



69. In paragraph 63 (b). (d)), the word "shares" shall be replaced by the word "deposit".



70. In paragraph 63 (b). e), the words "special legal předpisu14)"

replaced by the words "the law governing the activities of credit unions

cooperatives ".



Footnote 14 is repealed.



71. In paragraph 63 (b). (g)), the word "liabilities" is replaced by the word "debt".



72. In the introductory part of the provisions of paragraph 64, the words "and the pension funds ' shall be deleted.



73. In paragraph 65, the words "net assets" shall be replaced by a custom

"and the words" capital dividend or other "is deleted.



74. In § 68 para. 3 the words "cultivated by the company for the

unit trusts and investment "shall be deleted and the words" no 189/2004 Coll., on

collective investment "are replaced by the words" relating to the

investment companies and investment funds ".



75. In section 68a of para. 1 the words "the investment company for their

managed mutual funds, investment funds, pension funds and

pension company for cultivated by them transformed pools "

replaced by the words "accounting units".



76. In the title of § 69, the word "(the equivalent of)" is deleted.



77. In § 69 para. 1 the term "(consideration)" is deleted.



78. In § 69 para. 2 (a). and), the word "dividends" shall be replaced by

"profit sharing".



79. In § 69 para. 4, the word "(in return), ' is deleted, and the word

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



80. in the § 70 para. 1, the words "listed on domestic or foreign stock exchange"

replaced by the words "admitted to trading on a regulated market".



81. in the § 70 para. 1 the words "public market" shall be replaced by the words "regulated

the market ".



82. In paragraph 71, the word "file", the word "property" is replaced by

"tangible immovable property".



83. In paragraph 71, at the end of the text, the words ", as amended

regulations ".



84. In section 74 para. 2 the term "(consideration)" is deleted.



85. In § 76 para. 1 and 6, the word "liabilities" is replaced by the word "debt".



86. In § 76 para. 3, the word "undertaking" shall be replaced by the word "debt".



87. In § 76 para. 10, the words "and the pension funds ' shall be deleted and the word

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



88. In § 76 para. 10 at the end of the first sentence, the words "in accounting

the transformed funds ".



89. In § 76 para. 10, the words "pension fund or" shall be deleted and the word

"the commitments" shall be replaced by the word "debt".



90. in § 78 para. 1, 3, 4 and 5, the word "commitment" is replaced by

"debt".



91. In § 78 para. 6, the word "commitment" is replaced by "debt".



92. In § 79 paragraph 2. 6, the word "(the equivalent of)" is deleted.



93. In § 80 para. 4 (b). (b)), the word "loan" shall be replaced by

"Loaner" and the words "and secured the transfer of securities

cash or other form of remuneration "shall be deleted.



94. In § 80 para. 5, the word "loan" shall be replaced by the word "provide".



95. In § 80 para. 5, after the words "supply of securities" shall be replaced

"Loaner".



96. In § 80 para. 5, the word "secured" shall be replaced by "secured".



97. In § 80 para. 6, the word "loan" shall be replaced by "acceptance".



98. In § 80 para. 6, after the words "admission" shall be replaced

"Loaner".



99. In § 80 para. 6, the word "secured" shall be replaced by "secured".



100. In § 82 para. 3 (b). (c)), the word "(the equivalent of)" is deleted.



101. In § 82 para. 4, the word "(balance)" is deleted.



102. In § 82 para. 5, the word "(balance)" is deleted.



103. In § 82 para. 6, the word "(the equivalent of)" is deleted.



104. In § 82 para. 9, the word "commitments" shall be replaced by the word "debts" and the word

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



105. In paragraph 84 of paragraph 1. 2 of the introductory part of the provisions, the word "(balance)"

repealed.



106. In § 86 para. 1 (b). and), the word "commitments" shall be replaced by

"debt".



107. In § 86 para. 1 (b). (c)), the word "loan" shall be replaced by

"leases".



108. In § 86 para. 1 (b). (d)), the words "financial obligations" shall be replaced by

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



109. In § 86 para. 1 (b). (e)), the word "commitments" shall be replaced by

"debts".



110. In § 86 para. 1 (b). (f)), the word "(the equivalent of)" is deleted.



111. In Appendix 1, the word "(balance)" is deleted.



112. In annex 1, footnote No 20, including a link to

the footnote shall be deleted.



113. in annex 3, the word "200 x" is replaced by "20XX" and the word

"200Y" shall be replaced by the word "20YY".



114. in annex 3, the word "dividends" shall be replaced by "market shares

profit ".



115. in annex No. 4 chart of the group, 91, the word "loan" shall be replaced

the word "lease".



116. Footnote 17, 18, 18a, and 18e are deleted.



Article. (II)



Transitional provision



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, starting in the accounting period

1 January 2014 and later.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 2014.



Minister:



Ing. Fischer, CSc., r.