361/2009 Sb.
GOVERNMENT REGULATION
of 17 May. October 2012
about the communication of key information for the participants of the supplementary pension
savings and retirement savings
The Government directs pursuant to § 170 para. 2 of law No 427/2007 Coll. on supplementary
pension savings and, pursuant to section 110 of paragraph 1. 3 of Act No. 426/2007 Coll.
retirement savings:
§ 1
The subject of the edit
This regulation regulates the
and) the details, structure, form and language requirements for observations
the communication of key information for the participants of the supplementary pension
savings and the communication of key information for the participants of the retirement savings
(hereinafter referred to as "the communication"), and
(b) the conditions and the method of continuous) update and the time limit for communication
public disclosure.
§ 2
Content of the communication
The communication contains only the data and information that this regulation establishes
or permits.
§ 3
The structure of the communication
(1) the communication shall be called "key information local fund" for
the participation Fund and name "key information to the Pension Fund" for
the Pension Fund.
(2) the communication is divided into 9 sections that contain the following information:
and) basic data relating to communication, participation, or retirement
the Fund and the data relating to the pension company that manages
the participation, or pension fund,
(b)) the main characteristics of the supplementary pension savings or
retirement savings,
(c) a description of the investment objectives) and how the investment of local or
the Pension Fund,
(d)) the risk profile of the Pension Fund, local or
e) information about the consideration and fees relating to the participation or
the Pension Fund,
f) information about the historical performance of a participating or retirement
the Fund,
g) information on the depositary, and other supplemental information for a directory
or pension fund,
h) information on the activities of the pension company's permit and the authorisation to
create a local or the Pension Fund and
(I) the date of publication of the communication).
§ 4
Language expression and display the communication
(1) the communication must be
and processed legible, in particular) in terms of the size of the font, and
(b)) expressed in a way that a participant understanding of his neznesnadňuje
content, and in particular its language must be clear and understandable, it cannot be
use of jargon and technical term, if it is possible, it must be replaced by the
generally known by the term of a comparable importance.
(2) the use of color must not restrict the readability, clarity and intelligibility
the content of a communication after his capture on paper.
(3) graphic design logos must not distract or lead.
from the contents of the communication or content overlap.
(4) the name of the communication, as well as the business name of the pension company and the name
local or the Pension Fund must be made significantly larger
font than the rest of the text of the communication.
§ 5
The physical form of communication
After the capture of a communication on paper has dimensions of communication of two sides of a single
a sheet of A4 portrait or landscape, and is lined with border
at least 3 mm, on which there is no text.
§ 6
The basic data
The name of the part of the first communication: "basic data". This part of the communication
contains
the participation Fund) for the introductory provisions, worded as follows: "in this communication
party or candidate will find key information about the Fund and the participant's
the supplementary pension savings. This is not a promotional communications; the provision of
This information is required by law. The purpose is for a party or candidate
better understand the way of investing in this Fund and local risks
the associated. For an informed decision whether to choose the participation
the Fund, to the participants and it is recommended with this communication
get acquainted. "
(b)) for the pension fund introductory provisions, worded as follows: "in this communication
party or candidate will find key information about the Pension Fund, and
retirement savings. This is not a promotional communications; the provision of such
information required by law. The purpose is to make the participant of, or lead to better
understood this way of investing the Pension Fund and the risks
associated. For an informed decision whether to choose the Pension Fund,
to the participants and interested parties are advised to become familiar with this notice. "
(c) the name of the local or) Pension Fund,
d) in the case that this is a participation Fund, other than the mandatory
Conservative Fund, an indication of its kind in terms of what
assets predominantly invested in,
(e)) the business name and identification number of the person the pension companies,
which manages the participation, or pension fund, where appropriate,
the name of the consolidated Group, which is included in the pension company,
or the logo of the pension company.
§ 7
Basic characteristics of supplementary pension savings or
retirement savings
(1) the title of part the second of the communication for the participation Fund added: "the basic
characteristics of supplementary pension savings ". This part of the communication
contains a brief characterization of the supplementary pension savings,
in particular, information about the claim on the State contribution, on the tax advantages and
on the impacts of early termination of the supplementary pension savings.
(2) the name of the part of the second communication to pension fund added: "the basic
characteristics of the pension plan ". This part of the communication contains
a brief characterization of the pension plan, in particular the information on the
and creation of conditions for participation), retirement savings and that cannot be
registered retirement savings plans to denounce the Treaty or
to withdraw,
(b) the obligation to pay the premiums on) retirement savings Financial institutions
administration of the United States, its amount and the obligation to notify attendance at
retirement savings to the employer or to the insurance Declaration,
(c) participation in retirement) the impact of the savings on pension entitlements from the pension
insurance.
§ 8
Investment objectives and the way of investing the twisted or retirement
Fund
(1) the title of part III of the communication reads: "investment objectives and method
investments ". This section contains information about the communication
the main types of assets), in which the participation or the Pension Fund
investing or intends to invest; investing or intends to invest the
in bonds, it also contains the kind of these bonds according to their issuer
and their rating,
(b)) a particular sector of the national economy, or part thereof, a certain
a geographical area or a specific part of the financial market, in which
the participation or the Pension Fund intends to concentrate or concentrated its
investment, or a specific type of asset, or a particular issuer, to
which the participant or the Pension Fund intends to concentrate or
It concentrates its investments,
(c)), whether the participation or the Pension Fund intends to follow or
tracks a particular index or indicator (benchmark); from this information must
result of the index or pointer is and how, or in
to what extent the participation or pension fund it follows,
(d)), whether the participation or the pension fund a specific index copies; from
This data must indicate what the index it is and to what extent it
the participation or the pension fund copies,
(e)) the use of financial derivatives or other techniques in order to
collateral or to meet the investment objectives or participating
the Pension Fund,
(f)) the approximate time that is suitable to remain in a directory or
Pension Fund, that participant could reach the expected yield, and
Notice that this Fund may not be suitable for the party
intends to change the strategy of saving, request a dose or make a claim
to transfer funds in less than the approximate length of time
You should remain in the pool.
(2) the part of the third communication can also contain additional data and information,
If they are important for the proper understanding of the investment objectives and how
local investment or Pension Fund participant.
(3) the information referred to in part three of the communication must clearly distinguish
between the investment, if it would otherwise information about
investment objectives and how the investment of local or of the pension
the Fund could be misleading or deceptive.
§ 9
The risk profile of the Pension Fund of local or
The name of the fourth section of the communication reads: "risk profile". This part of the communication
contains
and display scale for synthetic) indicator, which is based on the
the volatility of the historical performance of a participating or the Pension Fund and
the compiled procedure referred to in annex 1 to this regulation, a brief
justification the inclusion of participation or the Pension Fund to the appropriate
Group by this indicator and warning that
1. the value of the assets of a participant may fluctuate and that is not
guaranteed return of the participant,
2. the inclusion of a participating fund to the appropriate group may change and
3. the classification of local or the Pension Fund to the least risky
the group does not make an investment with no risk,
(b)), depending on the selected method of description of the risks of investing, if
associated with the chosen way of investing, and the participant with them
experience in connection with the deposit to the local or
the Pension Fund,
1. the credit risk inherent in the fact that an issuer or counterparty
fails to meet its commitment,
2. the risk of lack of liquidity, namely, that certain assets
local or the Pension Fund will be liquidated in a timely manner at a reasonable
and that participation or the Pension Fund for that reason will be unable to
meet the commitments,
3. settlement risk associated with the fact that the settlement of the transaction
fails, as expected, for the reason that the counterparty
will not pay or deliver the investment vehicles within the prescribed period,
4. market risk arising from the effects of changes in the development of the total market for
prices and values of each type of property owned by the local or
Pension Fund,
5. the risk of loss due to deficiencies or failure of internal processes, or
human error or due to external events (operational risk) and
the risk of loss of assets held in custody or other custody
that may be caused by, in particular, insolventností, negligent or
willful act a person who is in the custody or other care
assets in a directory or a pension fund, and
6. risks related to the investment focus of the local or
the Pension Fund of certain sectors of the economy or his
in part, a particular geographical region, a part of the financial market, the
type of property or of a particular issuer.
§ 10
Remuneration and fees or local pension fund
(1) the title of part five of the communication reads as follows: "the Remuneration and fees". This part of the
the communication contains
and information on the amount of payment) for the management of assets in a directory
or pension fund, which covers the entire cost of
management of assets, with the exception of the fees referred to in subparagraph (c)),
(b) information on the amount of and) the conditions of entitlement to remuneration for the appreciation of the assets
in a directory or a pension fund and
(c) a description of all other charges) and the conditions under which the pension
the company charged participant.
(2) the amount of remuneration for the asset management and remuneration for evaluation
the assets shall be indicated in percentage, along with the basis from which the
calculation is based on.
(3) the Remuneration shall be specified in the company's pension the previous accounting period.
(4) part five communication also contains information about the fact that no more
remuneration and fees cannot be charged to participants.
§ 11
Historical performance
(1) the name of the communication reads: "Historic performance". This part of the
the communication contains
a) warning that the data used relate to the past, and that the performance in the
the past is not a reliable indicator of future revenue,
(b) information on the impact of remuneration) on the performance of local or of the pension
the Fund,
(c) in the form of historical performance) bar chart showing the
annual income after tax for the last at least 10 consecutive
years, displayed in accordance with the criteria listed in annex 2 to this
Regulation,
(d)) the comparison of historical performance referred to in subparagraph (c)) with the development of the index
or a pointer in the event that a State party or the Pension Fund
the index or pointer.
(2) in the event that a State party or the pension fund exists for the
less than 10 years old, but for longer than 1 year, the annual
revenue and the comparison referred to in paragraph 1 (b). (d)) for all years of its
the existence of. If for some period, data are not available,
in the appropriate section of a bar diagram date without a record of performance.
If from the occurrence or create local or the Pension Fund
less than 1 year, give notice of a lack of data
should the participant can provide information about historical performance
local or pension fund.
(3) the information about historical performance must be accompanied by an explanation that the
the calculation of the historical performance of a participating or the Pension Fund
is based on the value of the funded capital participation or
the pension fund after deduction of the remuneration for the management and payment for
the appreciation of the assets of the Pension Fund in a directory or.
(4) the bar diagram must be displayed legibly and shall not capture
a communication on paper must not exceed the dimensions of length and width of one side of the format
A5; the bar diagram and refills warning
and my limited explanatory power), in terms of future performance
the twisted, or pension fund,
(b)) a year, from which the participation or the pension fund exists,
(c)) the currency in which the historical performance of the Fund is calculated.
(5) the communication must not contain data about the performance of a participating or
the Pension Fund for the year in which the notice published or has
publicly available.
(6) If, during the period of the display in a bar diagram occurred
significant change in the investment objectives or the way the investment of local
or the Pension Fund, which affected its performance, shall be indicated in the
a column chart and the period preceding this change. Information related
to this period is completed, the performance was
achieved in other circumstances.
§ 12
Information on the depositary, and other information
The name of the part of the seventh communication added: "additional information". This part of the
the communication contains
and the name of the depositary or local) Pension Fund,
(b) information on the right to) free provision of the Statute of the local or
the Pension Fund, and their annual and half-yearly reports,
c) an indication of the point of contact, where it is possible, if necessary, to obtain the
additional information, including address, phone number, e-mail address and
Internet address of this contact point, and
d) information about the fact that the pension company is responsible for the correctness and
the completeness of the information referred to in this communication are vague, false,
misleading or deceptive, or are not in accordance with the information
referred to in the statute or local pension fund.
section 13 of the
For information about enabling
Part eight of the communication is without name, and, in the case of
and the participation Fund), the text reads as follows: "Permission to create this
Local Fund was issued in the Czech Republic. Pension company,
which manages the participation Fund, is subject to supervision of the Czech
National Bank. "
(b) the Pension Fund), the text reads as follows: "Permission to create this
the Pension Fund was issued in the Czech Republic. Pension company,
that manages the Pension Fund, shall be subject to the supervision of the Czech national
Bank. ".
§ 14
An indication of the publication
Part nine of the communication is without name, and date of publication of the communication,
preceded by the text reads as follows: "the communication of key information
It was drawn up on the day. "
§ 15
Continuous update of the communication
(1) the pension company participation or belong to a pension fund
continuously validates the timeliness of communication, and without undue delay is
updates. In a bar chart depicting historical performance
always take into account the performance of the participant or the Pension Fund in
the previous year.
(2) the timeliness of communication always verifies in the context of an approved
by changing the Statute of the local or the Pension Fund.
section 16 of the
The publication of the updated communication
(1) if it has been updated, shall publish a communication to the pension company
updated communication without undue delay.
(2) if the notice was last updated in connection with the change of the Statute
the twisted, or pension fund, will publish the updated communication
always before the date on which the change of the statute or local pension fund
shall take effect.
(3) the communication containing the taking into account of the performance of local or
the Pension Fund in a calendar year shall be published no later than 35.
working day of the following calendar year.
§ 17
The effectiveness of the
This Regulation shall enter into force on 1 January 2000. January 1, 2013.
Prime Minister:
RNDr. Nečas in r.
Minister of Finance:
Ing. Kalousek in r.
Annex 1
View scale for a synthetic indicator
1. Synthetic indicator is reflected in one of the groups on a scale.
The scale consists of a contiguous sequence of groups marked with whole numbers in
ascending order from 1 to 7 from left to right.
2. On the scale must be noted that the lower risk means potentially
lower returns and higher risk means potentially higher yields.
3. the group, in which is included the participation or the Pension Fund, is
highlighted.
4. To distinguish the individual groups on a scale cannot be used exclusively
colors.
Annex 2
The criteria for displaying historical performance
Bar chart that shows the historical performance of the meets this
criteria:
1. the scale of the Y axis of a bar diagram is linear, not
logarithmic,
2. the scale is adapted to the scale of the displayed columns, with
the column must not be compressed to the extent that the ability to detect fluctuations in
profitability was aggravated by,
3. the X axis is located on level 0% rate of return,
4. for each column is indicated by the return achieved in the percentage
observations and
5. historical performance values are rounded to the first decimal
instead.
