421/2010 Sb.
The DECREE
of 21 April 2004. December, 2010,
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 of this Act:
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. and Decree No 411/2009 Coll., is hereby amended as follows:
1. In section 2 (2). 2, the words "This Ordinance does not apply" shall be replaced by the words
"From the business units referred to in paragraph 1 of this Decree
not apply, with the exception of the provisions of section 38a, ".
2. In article 2 (2). 2 the words "§ 19 paragraph. 9 and "shall be deleted and the word" law "
the words "and further accounting units under section 19a of the Act".
3. In section 4, paragraph 4. 7, the words "on whose property is in the current accounting
period, the bankrupt "shall be replaced by" in bankruptcy "and the words
"bankruptcy" is replaced by "the decision of the bankruptcy".
4. In section 10, paragraph 8 shall be added at the end of the sentence "in the item" URC.III. 2.
Debt securities "shall be given also the mortgage bonds under
special legal regulation ^ 1a). ".
5. In section 10, paragraph 1. 10, the words ", which is ensured by the Bank
the guarantee of ' shall be deleted.
6. In section 10, paragraph 1. 12, the words "to the limit" shall be deleted.
7. In section 10, paragraph 16 shall be repealed.
8. In section 16 of the text at the end of paragraph 4, the words "and includes
the amount representing the proportion of gross premiums written which is to
be assigned to the following accounting period or later accounting
period ".
9. In section 16 is at the end of paragraph 4, the following sentence "the reserve is created
under a special legal regulation also ^ 1a) unearned
reinsurance. ".
10. In section 16. 6, after the words "interest rates", the words "and
other numeric parameters. "
11. In section 16. 7, after the words "interest rates", the words "and
other numeric parameters. "
12. In section 22, paragraph. 2 (a). I), the words "§ 19 paragraph. 9 "shall be replaced by the words" §
19A. "
13. In section 22, the following paragraph 8 is added:
"(8) business unit, which has used 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, in particular in the
fact, which suggests that the entity may not be
able to continue its activities continuously and as a result, in
part of its normal business activities, for example, to meet its obligations,
in the annex shall be entered in the accounts of this fact. Also describe any
measures or proposals for the solution of these matters. ".
14. In section 23, paragraph. 3 the words "Act No. 363/1999 Coll." shall be replaced by the words
"special legislation" ^ 1a) ".
15. Under the heading of part three, the words in brackets "(§ 14 paragraph. 1
the Act) ' shall be deleted.
16. Under the heading of the fourth, the words in brackets "(section 4, paragraph 4. 8 and § 24
paragraph. 4 and 5, and section 28, paragraph. 1 of the law) "are deleted.
17. In section 29, paragraph 9 is added:
"(9) for the value of the differences referred to in paragraph 1 when the conversion of the accounting unit
shall apply mutatis mutandis to section 14a, 54 and 54a of the Decree No. 500/2002 Coll., as amended by
amended, with the fact that these differences are given under the heading "a. IV.
Other capital funds "; in the case of securities, shares and derivatives are
valuation differences shall be shown under this Ordinance. ".
18. Under the heading of the fifth, the words in brackets "(section 4, paragraph 4. 8 and 6) "
shall be deleted.
19. In article 38, paragraph 1 reads:
"(1) the consolidation unit in accordance with section 22 paragraph 1(b). 6 of the Act consists of the consolidating
the entity and the consolidated unit. ".
20. In article 38, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall be renumbered as paragraphs 2 to 4.
21. In section 38, paragraph. 2, after the words "the consolidated unit ' shall be
the words "solely or principally".
22. In section 38, paragraph. 2 the words "Konsolidujícími business units according to
paragraph 1 are also controlling the persons acting in concert "are replaced by
the words "the consolidating accounting unit referred to in paragraph 1 is also
the controlling person exercising influence ".
23. In section 38, paragraph. 3 of the introductory part of the provisions: "In the consolidated Group
may not be included in the consolidated unit: ".
24. In section 38, paragraph. 3 (b). and the words "the aggregate) balance sheet, net turnover and
equity. "shall be replaced by the words" the submission of a faithful and honest picture
the subject of accounting and the financial situation of the consolidation unit; ".
25. In section 38, paragraph. 3 (b). and If the word ")" is replaced by the word "If",
the words "significant share ^ 4)" shall be added after the word "are", and the words "yet
included in the consolidated accounts ' shall be replaced by the words "included in the
the consolidation of the whole ".
26. In section 38, paragraph. 3 (b). (c)), the words "in the immediately following
accounting period "shall be deleted.
27. In § 38 paragraph 4 is added:
"(4) to the consolidated financial statements includes consolidating accounting
Unit i of the entity under a common influence and business units
associated with these accounts, if equipped.
28. In section 38, the following paragraphs 5 and 6 shall be added:
"(5) For the inclusion of the business units under the joint influence of the
consolidated accounts shall apply mutatis mutandis the provisions of paragraph
3.
(6) the business unit 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 listed financial units insignificant in terms of the
the submission of the faithful and honest picture of the subject of accounting and financial
the situation of the consolidation unit. ".
29. In section 38a, paragraph. 1 the words "under section 38, paragraph. 1 and 2 "shall be deleted.
30. In section 38a, paragraph. 1 (a). and the word ")" be deleted and the word "drive"
replaced by the word "drive".
31. In section 38a, paragraph. 1 (a). (b)), the word "in" be deleted, the word "drive"
replaced by the word "unit" and the words "for consolidating all" shall be deleted.
32. In section 38a, paragraph. 2 (a). (c)), the words "; is required to be officially certified
translation of ' shall be deleted.
33. In section 38a, paragraph. 3, the word "registered" shall be replaced by the words "accepted to
trading "and the words" in any Member State "shall be replaced by the words
"securities, based in a Member State".
34. In section 38a, paragraph. 4, the words "controlled or controlled by the person" be replaced by
the words "consolidated unit" and the word "free"
replaced by the word "this".
35. In section 39, paragraph. 1, the words "in accordance with the relevant methods", the word
"consolidation", the words "consolidated Group" and the word "consolidation"
shall be deleted.
36. In § 39, paragraph. 2 the words "(hereinafter referred to as" partial consolidation units ") and" and
the word "consolidation" shall be deleted.
37. In article 39, paragraph 3 is deleted.
Paragraphs 4 through 10 shall be renumbered as paragraphs 3 to 9.
38. In section 39, paragraph. 3 in the introductory part, the words "provisions for consolidation
all "be deleted.
39. In § 39, paragraph. 3 (b). and), the words "the person or persons controlled controlled"
shall be replaced by "consolidated entities".
40. In § 39, paragraph. 3 (b). (b)), the words "a person who is controlled in conformity
with another or other persons, if these persons have the same proportion of the
equity-controlled or controlled by the person, "shall be replaced by the words" accounting
units under the joint influence of ".
41. In section 39, paragraph. 3 (b). (c)), the words "persons under significant influence"
replaced by the words "of the accounting unit is associated with".
42. In § 39, paragraph. 4, the words "controlled or managed by persons" shall be replaced by
the words "consolidated units in full".
43. In section 39, paragraph. 5, the words "persons operated in conformity" shall be replaced by the words
"the business units under a common influence", the word "basic"
replaced by the word "own" and the words "by that person" shall be replaced by the words
"these business units".
44. In § 39, paragraph. 6, the words "controlling person" shall be replaced by the words
"the consolidating accounting unit" and the words "a person" under significant influence
shall be replaced by the words "business unit is associated with".
45. In section 39, paragraph 6, the following paragraph 7 is added:
"(7) for the business units, which have the obligation to submit to the Assembly
the consolidated financial statements, you can change the consolidation method
only in exceptional cases. Such an amendment shall specify the entity in
the annex to the financial statements on the grounds and a statement of its effect on the
assets, liabilities and the financial situation of the entities included in the
consolidated accounts. ".
Paragraphs 7 to 9 shall be renumbered as paragraphs 8 to 10.
46. In § 39, paragraph. 8 the word "persons" shall be replaced by the words "business units"
and the words "consolidated Group" shall be replaced by the word "consolidation".
47. In section 39, paragraph. 8, 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, which were made
business units in the consolidation ". 48. In § 39, paragraph. 8, the fourth sentence is added:
"In particular, the mutual claims and liabilities, amounts received and paid
dividends, donations and other operations between business units, which have
significant effect on the consolidated results of operations. ".
49. In section 39, paragraph. 9, the words "consolidated Group" shall be replaced by the word
"consolidation".
50. In § 39, paragraph. 10 the words "consolidated Group" shall be replaced by the word
"consolidation", the words "public (organized)" shall be replaced by the words
"regulated", the words "profit or loss" are replaced by the words "the result
the management of "and the words" consolidated Group "shall be replaced by the word
"consolidation".
51. In section 40 paragraph. 1 the words "statement of changes in equity"
replaced by the words "may include a statement of cash flows and an overview of the
changes in equity ".
52. In section 40 paragraph. 2, the first sentence shall be replaced by the phrase "Information
the consolidated financial statements are based on the accounts of the consolidating
business unit and consolidated units, business units
under the joint influence of the business units and affiliates,
the consolidated accounts of the sub units, and other information,
which are referred to the entity under section 22b, paragraph. 1 of the law
the consolidating accounting unit. ".
53. In the second subparagraph of section 40. 3 the words "consolidated Group" shall be replaced by the words ",
they have the obligation to submit to the Assembly the consolidated financial
the shutter ".
54. In the first subparagraph of section 40. 4, the words "§ 3 (3). 2, 3 and 5 ' shall be replaced by the words "§ 3
paragraph. 2 and 3 ".
55. In section 42, paragraph. 2, after the words "negative consolidation Settlement
the difference, ", the words" c) items ".
56. In section 43 shall be added to paragraph 1:
"(1) the consolidating accounting unit shall be shown in the annex to the consolidated
the financial statements
and consolidation method) pursuant to § 39, paragraph. 1 and the consolidation method under section
paragraph 39. 3,
(b) the business name and seat) consolidated units included
in the consolidated entity with an indication of the proportion of capital in these
business units held by persons other than consolidating accounting
unit or persons acting on their own behalf, but on behalf of those
the business units; further, stating the grounds on the basis of which became
controlling person,
(c) the business name and seat) consolidated units
not included in the consolidated unit according to § 38 paragraph. 4, including the reasons for
their non-inclusion, indicating the proportion of capital in these
business units held by persons other than consolidating accounting
the unit,
(d) the business name and registered office) business units, which are associated with
included in the consolidated financial statements, indicating the market share of their
own capital, which holds business units included in the consolidation
or a person acting in his own name but on behalf of those accounting
units,
(e) the trade name and Head Office) business units, which are not associated with
included in the consolidated financial statements pursuant to section 38, paragraph. 6, including
reason for non-inclusion,
(f) the business name and registered office) business units under the joint influence of the
included in the consolidated financial statements, indicating the market share of their
capital, which holds business units included in the consolidation or by persons
acting in his own name but on behalf of those accounting units; further
shall state the reasons on which it is executing a common effect,
(g) the business name and registered office) business units, which are not listed below
(b) to (f))), in which the consolidating accounting unit itself or
through a person acting in his own name on behalf of the share on the
equity is less than 20%; Enter the amount of the share of the private
the capital, including the total amount of own funds, the amount of the result
profit for the last financial year the following accounting units; This
the information may not be listed, unless these business units of
terms of submission of the faithful and honest picture of the subject of accounting and
the financial situation in the consolidated accounts; for information about custom
capital and the result will also be excluded if they are not
published and where the proportion of the consolidating accounting unit on its own
capital directly or through other entities smaller than
50%,
h) information on accounting methods and principles, of changes
methods of valuation, accounting procedures, organize the items in the consolidated
accounts and content definition items compared to the previous
accounting period, indicating the reasons for those changes; for the items listed in
the consolidated accounts which are or were originally expressed in
foreign currency, shall be given information about how their conversion to the currency in which the
the consolidated financial statements were prepared,
I) explanation of the item "positive consolidation difference" and "Negative
consolidation difference ", the method of their determination, and any significant changes
compared to the previous accounting period,
j) average number of employees of the consolidating unit during
the accounting period for which draws up the consolidated accounts,
broken down by category; separately, by specifying the average recalculated
the number of employees during the financial year for accounting units under
the common influence. ".
The present text becomes paragraph 2.
57. In section 43, paragraph. 2 in the introductory part, the words ' the provisions of the financial
statements, "added the word" on ".
58. In section 43, paragraph. 2 (a). and), the words "former members" shall be replaced by the words
"former members".
59. In section 43, paragraph. 2 (a). (b)), the words "other receivables" are replaced by
the words "loans" and the words "the amount of guarantees provided" shall be replaced by the words
"of all the forms of collateral".
60. In section 43, paragraph. 2 c) and (d)):
"(c)), the total amount of liabilities, which at the date of preparation of the consolidated
the accounts have a maturity of longer than five years and the total amount of
secured obligations with the indication of the nature and form of the collateral,
(d) summary of financial commitments), which are not listed in the
the consolidated balance sheet, if these information useful for the assessment of
the financial situation; separately, all commitments related to the
pensions and commitments between the consolidating accounting unit and accounting
units not included in the consolidated accounts. "
61. In section 43, paragraph. 2 the letters e) to (h)) shall be deleted.
Letters i) up to) shall become letters (e)) to).
62. In section 43, paragraph. 2 at the end of the text of the letter e), the words ";
If it was not a security, derivative and share fair valued or
the entity shall equivalences, the reasons and the eventual amount of repair
the items ".
63. In section 43, paragraph. 2, points (f) and (g))) shall be deleted.
Subparagraph (h)) to) shall become letters (f)) to (i)).
64. In section 43, paragraph. 2 (a). (f)), the words "for consolidating all" be deleted.
65. In section 43, paragraph. 2 (a). g), the words "consolidated Group" shall be deleted.
66. In section 43, paragraph. 2 (a). (h)), the words "in the framework of the consolidation unit"
replaced by the words "between business units in consolidation", words
"included in the consolidated unit" shall be replaced by the words "accounting units
under the joint influence of or the entity associated with the "and the words" the conditions
on the regulated market of the usual ^ 42b) "shall be replaced by the words" normal market
the terms ".
Footnote No. 42b shall be deleted.
67. In section 43, paragraph. 2 (a). (h)), the words "or", "consolidated Group" and
"consolidated Group" shall be deleted.
68. in annex No 1 in the item "5. The Equalization reserve ", the words" and)
gross ..... X "and" (b)) reinsurers ' share (-) "are deleted.
69. in annex No. 1, after the words "7. The provision for the fulfilment of the commitments of the used
technical interest rates ", the words" and other quantitative
the parameters ".
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 accounting period, which
began in 2011 or later, unless otherwise provided for in point 2.
2. The provisions of section 2 (2). 2 and § 38 to 40, 42 and 43 of Decree No 502/2002
Coll., as amended, effective from the date of entry into force of this order, for the first time
used in the preparation of the consolidated financial statements for the accounting period,
that began in the year 2010 or later.
Article. (III)
The effectiveness of the
This Decree shall take effect on 1 January 2005. January 2011.
Minister:
Ing. K in r.
