399/2005 Sb.



DECREE



of 22 March. September 2005,



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

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

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

amended



The Ministry of Finance shall determine under section 37b of the Act No. 563/1991 Coll., on the

accounting, as amended, (hereinafter referred to as the "Act") to

the implementation of § 4 para. 8, § 24 para. 4 and 5 and § 28 para. 1:



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 insurance undertakings, as amended by Decree No 474/2003 Coll. and

Decree No. 561/2004 Coll., is amended as follows:



1. in section 17(2). 1 the words "e. provisions for other risks and losses"

replaced by the words "E. other provisions".



2. In section 20 (2). 3 (b). (c)), the words "e. provisions for other risks and

losses "shall be replaced by" E. other provisions ".



3. In article 20 (2). 5 (b). (c)), the words "e. provisions for other risks and

losses "shall be replaced by" E. other provisions ".



4. in section 22 para. 1 at the end of the letter l) is replaced by a comma and dot

the following letters m) up to), which read as follows:



"m) to items III. 11. Extraordinary expenses "and" III. 12. Extraordinary income "

about the amount and nature of these expenses and income for the current or previous accounting

period, if they are významné4) for profit,



n) to the item "(B). a) formation expenses" for an explanation of the amounts referred to in this

item,



about) to the item "b. b) goodwill" on the procedure of depreciation used pursuant to § 33

paragraph. 4 with the reasons for this use. ".



5. in section 22 para. 2 at the end of the letter m), the dot is replaced by a comma and

the following point (n)), which read as follows:



"n) or the company name, address and legal form of each of the business units in the

which is an entity member having unlimited liability. ".



6. in section 22, the following paragraph 7 is added:



"(7) in the annex, the entity shall also:



a) name and address of the consolidating accounting unit higher consolidation

a whole (section 39 (2)), to which an entity as a controlled or

controlled entity belongs to,



(b)) name and address of the consolidating accounting unit of the lower of the consolidation

a whole (section 39 (2)), entering the consolidation unit according to the

(a)), to which an entity as a controlled or controlled by the person

It belongs,



(c)) where it is possible to consolidated accounts of consolidating

the business units referred to in points (a) and (b)) to obtain). ".



7. in section 34 para. 1 the words "e. provisions for other risks and losses"

replaced by the words "E. other provisions".



8. In section 34 para. 2 the words "risks, losses and other ' shall be deleted.



9. in section 34 para. 4, the third sentence is replaced by the phrase "the reserves shall not be

used to adjust the values of assets. ".



10. In article 38, paragraph 1, including the footnote No 48 and 48a reads as follows:



"(1) into the consolidated Group includes consolidating accounting

^ 48) and consolidated entities, which means:



and) persons that are operated or controlled by the persons ^ 48a), regardless of

at their headquarters,



(b)) of the person in which the consolidating accounting unit has significant

effect of ^ 48), regardless of their place of establishment.



48) § 22 para. 2 of the Act No. 563/1991 Coll., as amended.



Act § 48A). 2 and 7 obchodníhozákoníku. ".



11. In article 38, after paragraph 1, insert a new paragraph 2 is added:



"(2) the basis of the consolidated group consists of the consolidating accounting unit and

consolidated entities listed in paragraph 1 (b). To and).

thus established the basis of the consolidated Group are included

consolidated entities with substantial influence listed in

paragraph 1 (b). b).".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.



12. In article 38, paragraph 4 shall be deleted.



Paragraphs 5 and 6 shall be renumbered as paragraphs 4 and 5.



13. In article 38 paragraph 2. 5, after the words "units", the words "to the

the consolidated Group ".



14. Section 38 shall be added to § 38a is inserted:



"§ 38a



(1) consolidated does not create the consolidating accounting unit pursuant to section

38 para. 1 and 2, which is the one that's included in the consolidation

a whole other consolidating accounting unit governed by the law of the Czech

States or other persons without regard to consolidating its headquarters

governed by the law of the Member State of the European Union (hereinafter referred to as "the consolidating

a foreign person "), provided that:



and the other the consolidating accounting) unit or the consolidating

a foreign person holds all the shares in the consolidating accounting

Unit; to the shares held by the members of the administrative, management and

supervisory authorities established on the basis of special legislation,

the articles of association or social contract is not taken into account, or



(b)), the other the consolidating accounting unit or the consolidating

a foreign person is holding at least 90 percent of the shares in the

the consolidating accounting unit and nesestavení consolidated

accounts for the remaining shareholders have approved the consolidated or

the companions of the consolidating accounting unit.



(2) in accordance with paragraph 1 shall be applied, if all are true

the following terms and conditions:



and the consolidating accounting unit) and all her consolidated

the units are included in the consolidated financial statements the consolidated

a whole other consolidating accounting unit or the consolidating foreign

of the person,



(b)) the consolidated financial statements under (a)) and the consolidated

the annual report are drawn up another consolidating accounting unit or

the consolidating foreign person and are audited according to the law

State other consolidating accounting unit or the consolidating

foreign person drives



c) consolidated financial statements under (a)), the consolidated

the annual report referred to in subparagraph (b)) and the audit report responsible for their

verification of the consolidating accounting unit shall publish pursuant to section 21a of the law; These

the accounting records are published in the Czech language; officially is required

certified translation and



d) annex to the financial statements of the consolidating accounting unit includes

the business name and seat of the consolidating accounting unit or other

the consolidating foreign persons that consolidated financial statements

According to subparagraph (a)), and information on the application of paragraph 1.



(3) the provisions of paragraphs 1 and 2 shall not apply to the entity whose

securities are registered on a regulated market in any Member

State of the European Union.



(4) in cases other than those referred to in paragraph 1 does not produce consolidated

the consolidating accounting unit that is at the same time controlled or controlled

a person included in the consolidated group other consolidating accounting

the drive or the consolidating foreign persons, provided that they are

all of the conditions referred to in paragraph 2 are met, and at the same time the shareholders or

the companions of the consolidating accounting unit liberated the owning together

at least a 10-percent stake in the joint-stock company or at least 20

percent in other types of companies have requested no later than 6 months

before the end of the accounting period of the preparation of consolidated financial statements.



(5) he shall draw up the consolidated financial statements and the consolidated

annual report for the purposes of informing the employees or their representatives

under special legislation or at the request of the administrative or

the judicial authorities for their needs, the provisions of paragraphs 1 to 4 shall

not apply. ".



15. in annex No. 1 of the Liabilities, the words "e. provisions for other

risks and losses "are replaced by the words" E. other provisions ".



16. in annex No 4 in the chart of class 4, the words "provisions for other risks

and losses "are replaced by" other provisions ".



Article II



Transitional provisions



1. The provisions of article. And section 5 of this order shall apply the accounting unit for the first time

for the preparation of the financial statements for the accounting period, begun in 2005.



2. The provisions of article. I, points 10 to 14 shall apply the accounting unit for the first time

consolidated financial statements for the accounting year commenced 1.

January 2005 and later.



3. the provisions of paragraph 2 shall not apply to the consolidated accounts no longer

built before the entry into force of this Decree.



Article. (III)



The effectiveness of the



This Decree shall enter into force on 1 January 2000. in January 2006, with the exception of

the provisions of article. I, points 5, 10 to 14, which will become effective on the date of

publication.



Minister:



Mgr. Sobotka in r.