350/2007 Sb.
DECREE
of 17 May. December 2007,
amending Decree No. 501/2002 Coll., implementing some
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 under section 37b of the law No. 563/1991 Coll.
accounting, in the wording of Act No. 437/2003 Coll. (hereinafter the "Act") to
the implementation of § 4 para. 8, § 24 para. 4 and 5 and § 28 para. 1:
Article. (I)
Decree 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. 473/2003 Coll., Decree No. 545/2004 Coll. and Decree No.
398/2005 Coll., is amended as follows:
1. § 1, including footnote No 1 is added:
"§ 1
This Decree incorporates the relevant provisions of the European Communities ^ 1)
and provides for the business units referred to in § 2
and organizing and labelling items) of the financial statements and the consolidated
financial statements and content of these statements, accounting
methods and their use, the method of consolidation of accounts and the procedure for
include the business units to the consolidated Group,
b) accounting methods and their use,
c) reference the chart of accounts.
1) Council directive of 8 March. December 1986 on the annual accounts and
consolidated accounts of banks and other financial
institutions (86/635/EEC).
European Parliament and Council Directive 2001/65/EC, amending
Directive 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the rules
pricing for the annual accounts and consolidated accounts
certain types of companies, banks and other financial institutions.
European Parliament and Council Directive 2003/51/EC amending
Directive 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual
accounts and consolidated accounts of certain types of
companies, banks and other financial institutions and insurance companies.
European Parliament and Council Directive 2006/46/EC of 14 July 1999. June
2006 amending Council Directives 78/660/EEC on the annual accounts of
accounts of certain types of companies, 83/349/EEC on consolidated
accounts, 86/635/EEC on the annual accounts and
consolidated accounts of banks and other financial
institutions and 91/674/EEC on the annual accounts and consolidated
accounts of insurance undertakings. '.
2. In section 2 paragraph 1 including the footnotes # 2 to 6a is inserted:
"§ 2
(1) this Ordinance applies to the business units pursuant to § 1 (1). 2 (a). and)
and (b)) of the Act, which are:
and the Bank) ^ 2)
(b) a branch of a foreign bank)
(c)), a savings and cooperative úvěrním ^ 3) (hereinafter referred to as "Credit Union"),
(d) a securities dealer) ^ 4),
e) departments of the foreign brokerage house,
(f) investment company) ^ 5),
g) investment fund ^ 5),
h) mixed-activity holding person ^ 2)
I) financial holding person ^ 2)
j) pension fund ^ 6), or
k) electronic money institutions ^ 6a).
2) Act 21/1992 Coll., on banks, as amended.
3) Act 87/1995 Coll., on savings and credit cooperatives and
some of the measures related to the law and the Czech
the National Council No. 586/1992 Coll., on income taxes, as amended
regulations.
4) Act 256/2004 Coll., on business in the capital market, as amended by
amended.
5) Act 189/2004 Coll., on collective investment, as amended by
amended.
6) Act 42/1994 Coll. on supplementary pension insurance with State contribution
and on amendments to certain acts related to its introduction, as amended by
amended.
6a) Law No. 124/2002 Coll., on transfers of funds,
electronic means of payment and payment systems (law on
payment system), as amended. ".
3. in article 7, paragraph 1 reads:
"(1)" 3. Receivable from banks and credit unions "
contains claims on loans and other receivables from banks or
credit unions, including accrued accessories, in particular the common
accounts with banks or credit unions, the term deposits with Central
the banks, for banks or credit unions, loans Central
banks, co-operative banks and savings associations, including loans
central banks, co-operative banks and savings associations under repurchase
shops, other receivables from banks or credit unions,
non-marketable debt securities issued by banks that are
taken with the intention of immediate or early sales and are not
measured at fair value, adjustments to these claims. ".
Paragraphs 2 and 3 shall be deleted.
Paragraphs 4 and 5 shall be renumbered as paragraph 2 and 3.
4. In section 8 paragraph 1. 3, § 17 para. 1 and 2, § 18 para. 3, § 44 para. 1 and 2 are
the words ", the Czech consolidation agency ' shall be deleted.
5. In section 8 paragraph 1. 1, § 18 para. 1, the words ", the Czech consolidation
the Agency and "shall be replaced by" or ".
6. § 9 para. 2, the words ' debt securities acquired in primary
not for emissions trading "shall be replaced by the words" non-negotiable
debt securities which are not taken with the intention of the immediate
or the early sales and are not measured at fair value ".
7. in section 10, paragraph 1. 1, the third sentence is replaced by the phrase "own shares and
interim certificates shall be shown under "8. The capital of ".".
8. in section 12 in paragraph 1 the words "formation expenses" shall be deleted.
9. In article 12, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall become paragraphs 2 to 4.
10. in article 15, footnote # 9 is added:
"9) Section 4a of the Act No. 87/1995 Coll., as amended.".
11. section 24 of the title:
"§ 24
The capital of the
The entry "8. The capital "includes the subscribed capital,
credit unions an Enrollee and the capital to nezapisovaný
the commercial register. In a separate subheading, the entity shall
the paid-up share capital. This item also includes its own shares and
its own interim certificates without regard to the purpose of the acquisition, if an entity
joint-stock company, or its own shares without regard to the purpose of the
the acquisition, if it is an entity other than a public limited companies
reduce the value of the capital. ".
12. In § 25 para. 2, footnote No 11 referred to as
footnote # 5, including links to a footnote.
13. in section 29 para. 2, after the word "asset", the words "and with the participation of
substantial or decisive influence ".
14. in § 47 para. 2, after the word "asset", the words "and with the participation of
substantial or controlling influence in the award-winning fair value to
the time of their disappearance and, in cases where it is proven that there was an
permanent reduction in their values. "
15. § 52 including the title reads as follows:
"§ 52
Extraordinary income and extraordinary charges
The entry "20. Extraordinary income "and" 21. Extraordinary expenses "include
income and expenses from the business cases that are clearly due to the common
the activities of the entity, as well as income and expenses from
randomly occurring events. These items do not include deficits and
damages, compensation of damages and shortages are reported in the "7. Other
operating income "or" 8. Other operating expenses ".
16. in section 60 paragraph. 1 (b). (h)), the words "formation expenses" shall be replaced by
the words "own shares and own provisional data sheets".
17. in § 60 para. 1 at the end of the letter o) dot is replaced by a comma and
the following point p) is added:
"p) resolution, the time where this is significant.".
18. in section 60 paragraph. 2 at the end of the text of subparagraph (a)), the words "
indicate the extent to which income taxes affect the profit or loss of the
normal and emergency activities ".
19. in section 60 paragraph. 2 at the end of subparagraph (f)) is replaced by a comma and dot
the following point (g)), which read as follows:
"(g)) of extraordinary costs and revenues, if their material, with
indicating their nature and amount. The same information shall be indicated and to
and revenue relating to a different accounting period ".
20. in section 60 paragraph. 3 (b). f) footnote # 12
renumbered as footnote # 4, including links to a comment
below the line.
21. in paragraph 62 (a). a) footnote # 13 be renumbered as
footnote # 5, including links to a footnote.
22. In the third section, the words "(§ 14 para. 1 of the law) "are deleted.
23. In article 67, the words ' (§ 4 para. 8, § 25 para. 4 of the Act) "are deleted.
24. In paragraph 68, under the heading of ' (to section 27 para. 6 of the Act) "are deleted.
25. In paragraph 68, the following paragraph 3 is added:
"(3) the capital investment company for their managed mutual funds and
investment funds are valued at fair value of participation according to law No.
189/2004 Coll., on collective investment. Changes to the valuation of the property
will be shown in the appropriate entry in liabilities. When the loss of this asset is
the resulting change in the appropriate entry is reported by the profit and loss account. If
demonstrated that there was a permanent reduction in value (depreciation) of this
participation, this must be reported without undue delay and loss in
the appropriate item in the profit and loss account. The amount of this loss corresponds to the
the difference between the valuation at acquisition of holdings and the current fair value is
taking into account the previous reported losses from write-down. ".
26. in paragraph 69, below the heading, the words ' (§ 4 para. 8 and section 27 para. 6
the Act) ' are deleted.
27. in § 69 para. 1 footnote # 16:
"16) section 27 para. 7 of law 563/1991 Coll., on accounting, as amended by
amended. ".
28. in section 70 and 72 under the heading, the words ' (§ 4 para. 8 and section 27 para. 6
the Act) ' are deleted.
29. in § 71 under the heading, the words ' (§ 4, paragraph 4. 8 and § 25 para. 4
the Act) ' are deleted.
30. in the sections of the second and fourth, section 74, 76, 78 and 80, under the heading the words
"(§ 4 para. 8 of the Act) "are deleted.
31. in paragraph 75, the words under the heading "(§ 4 para. 8 and § 28 para. 1
the Act) ' are deleted.
32. In § 76 para. 1, after the word "likely" the words "or
certain ".
33. In paragraph 77, the words under the heading "(§ 4 para. 8 and § 7 (2). 6 of the Act) "
shall be deleted.
34. In paragraph 79, the words under the heading "(§ 8 paragraph. 2 of the Act) "are deleted.
35. In the fifth under the heading of ' (to section 22 paragraph 1. 3, § 23 para. 2 and
5 of the Act) "are deleted.
36. In § 86 para. 1 at the end of the text of subparagraph (a)) the following words
"separate information about the total cost of the remuneration of the statutory
^ 18b) the auditor or audit firm for the accounting period broken down
on:
1. ^ 18 c) the statutory audit of annual accounts
2. other assurance services,
3. tax advisory services,
4. non-audit services. "
Footnote # 18b and 18 c are added:
18B) Article. 2 section 2 of the European Parliament and Council Directive 2006/43/EC.
18 c) Article. 1 point 2 of European Parliament and Council Directive 2006/43/EC.
37. In § 86 para. 1 the letter j) is added:
"(j) the nature and business purpose) transactions that are not listed in the
the consolidated balance sheet, and the financial impact of these transactions if they are
the risks or benefits arising from such transactions are material and if putting these
risks or benefits is necessary to assess the financial situation of the consolidation
the whole, ".
38. In § 86 para. 1 at the end of the letter l) is replaced by a comma and dot
following is the letter m), including the footnotes # 18 d and 18e
added:
"m) transactions, with the exception of transactions within the framework of the consolidated Group,
that the consolidating accounting unit or other consolidated
the drive concluded with a related party, including the amount of such
transactions, the nature of the related party relationship and other information about
These transactions, which are necessary for the understanding of the financial
the situation ^ 18 d) the consolidated Group, if they are significant and
have not been concluded under normal conditions on a regulated market ^ 18e).
Information about individual transactions may be aggregated according to their
nature except where separate information is necessary for the
understanding of the effects of related party transactions on the financial situation
the consolidated Group. For the purposes of this order, the term "related
"the same meaning as in international accounting standards
referred to in § 23a para. 1 of the law.
18 d) § 21 para. 3 of the Act on accounting.
18e) section 27 para. 5 of the Act on accounting. ".
39. In annex 1, under Liabilities under item # 8 (b)) shall be deleted.
40. in Appendix 1 of this part of the Liabilities in the subheading 10a footnote.
20:
"20) section 67 para. 1 and 2, § 217 of the commercial code.
§ 10 para. 1 of the law No. 87/1995 Coll., as amended. ".
Article. (II)
Transitional provisions
1. the provisions of this order shall be used for the first time in the business unit accounting
periods beginning 1. January 2008 and later, if it is not in point 2
unless otherwise provided for.
2. The provisions of article. I, point 36 in § 86 para. 1 (b). and) apply
the accounting unit for the financial statements and the consolidated financial statements
drawn up to 29. June 2008 and later.
Article. (III)
The effectiveness of the
This Decree shall enter into force on 1 January 2000. January 1, 2008.
Minister:
Ing. Kalousek in r.
