Advanced Search

Regulation on the accounting of pension funds

Original Language Title: Verordnung über die Rechnungslegung von Pensionsfonds

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation on the financial reporting of pension funds (Pension Funds Accounting Regulation-RechPensV)

Unofficial table of contents

RechPensV

Date of completion: 25.02.2003

Full quote:

" Pension Fund Accounting Ordinance of 25 February 2003 (BGBl. I p. 246), most recently by Article 8 (15) of the Law of 17 July 2015 (BGBl. 1245).

Status: Last amended by Art. 8 Abs. 15 G v. 17.7.2015 I 1245

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 28.2.2003 + + +) 
(+ + + For application cf. § 41 + + +)

Unofficial table of contents

Input formula

Pursuant to section 330 (1) in conjunction with paragraphs 3 and 5 of the Commercial Code, in the adjusted version published in the Bundesgesetzblatt, Part III, outline number 4100-1, paragraph 1 as last amended by Article 91 (2) of the Regulation of 29 June 1991. October 2001 (BGBl. 2785), paragraph 3 added by Article 1 (7) (c) of the Law of 24 June 1994 (BGBl I). 1377) and paragraph 5 added by Article 16 (1) of the Law of 26 June 2001 (BGBl I). 1310), the Federal Ministry of Justice, in agreement with the Federal Ministry of Finance, is responsible for: Unofficial table of contents

Content Summary

Section 1
Scope
§ 1 Scope
Section 2
Balance sheet and profit and loss account
§ 2 Form sheets
§ 3 Of which-Vermerke
§ 4 Additions
§ 5 Application of the provisions of the Regulation on the accounting of insurance undertakings to the balance sheet and profit and loss account
Section 3
Provisions relating to individual items in the balance sheet
Subsection 1
Active Page Post
§ 6 Contracts for life assurance undertakings
§ 7 Other lending
§ 8 Assets for the account and risk of employees and employers
§ 9 Accounting claims arising from reinsurance business
§ 10 Requirements for life assurance undertakings
§ 11 Other requirements
Subsection 2
Passive Page Items
§ 12 Pension fund provisions
§ 13 Cover return
§ 14 Provision for supply cases not yet unfolded
§ 15 Return for performantsdependent and performantsindependent contribution restitution
§ 16 Other provisions of the pensionsfondstechnisches
§ 17 Pension fund provisions corresponding to the assets for the account and risk of employees and employers
§ 18 Deposit liabilities arising from reinsurance pension fund business
§ 19 Settlement liabilities arising from reinsurance business
§ 20 Liabilities to life insurance companies
Section 4
Provisions relating to individual items of the profit and loss account
Section 21 Gross premiums written
Section 22 Reinsurance contributions
Section 23 Unrealised gains from capital investments, unrealised losses from investments
§ 24 Other pension-related income for own account
Section 25 Charges for Supply Cases for Own Account
Section 26 Expenses for performantsdependent and performantsindependent contribution refunds for own account
§ 27 Expenses for the pension fund establishment for own account
§ 28 Other expenses related to pension funds for own account
§ 29 Income from investments
§ 30 Expenditure on investments
Section 31 Other income
Section 32 Other expenses
§ 33 Other taxes
Section 5
Annex
Section 34 Additional explanations
§ 35 Additional mandatory data
§ 36 Application of provisions of the Regulation on the accounting of insurance undertakings at time
Section 6
Site Report
Section 37 Site Report
Section 7
Group Accounting
§ 38 Consolidated balance sheet and consolidated profit and loss account
§ 39 Group Attachment
Section 8
Irregularities
§ 40 Irregularities
Section 9
Final provisions
Section 41 Transitional provisions

Section 1
Scope

Unofficial table of contents

§ 1 Scope

This Regulation shall apply to pension funds within the meaning of Section 112 (1) of the Insurance Supervision Act, for which the provisions of the Second Subsection of the Fourth Section of the Third Book of the Third Book of the Third Book of the Third Book of the The commercial code should be applied accordingly.

Section 2
Balance sheet and profit and loss account

Unofficial table of contents

§ 2 Forms

Pension funds have, in place of Section 266 of the Commercial Code, on the structure of the balance sheet, the attached form 1 and, in place of Section 275 of the Commercial Code, on the structure of the profit and loss account, the attached form 2 , Unofficial table of contents

§ 3 Of This-Vermerke

The balance sheet (form 1) shall be given in each case separately:
1.
the claims to affiliated companies and the claims made to companies with which an equity ratio exists, in each case to the items "receivted from the pension fund business" (asset item E No. I) "Accounting claims arising from reinsurance business" (Assets item E No. II), "exposures to life assurance undertakings" (asset item E No. III) and "Other requirements" (asset item E No. IV),
2.
the liabilities to related companies and the liabilities to enterprises with which an equity ratio exists, in each case to the items "liabilities arising from the pension fund business" (liabilities item I n. (i) "settlement liabilities arising from reinsurance business" (liabilities item I n. II), "Liabilities to life assurance undertakings" (passive item I No III), "liabilities to credit institutions" (passive item I No IV) and "Other liabilities" (passive item I No V).
Unofficial table of contents

§ 4 Additions

(1) Where the balance sheet and the profit and loss account and the following provisions are used in the forms for the balance sheet and in the following provisions, the items, sub-items and information, including amounts to be included in the form, shall be indicated in the form of (2) In the form for the profit and loss account and in the following provisions, the addition "for own account" or "net" shall be used, the items, sub-items and particulars shall be used. without specifying the amounts of the pension fund business referred to in reinsurance (3) If the pension fund business is not covered by reinsurance, the additions contained in the forms "gross" and "net" and "for own account" as well as in the balance sheet for liabilities items E and F shall be deleted by means of a Arab number provided sub-posts. Unofficial table of contents

§ 5 Application of provisions of the Regulation on the accounting insurance companies to the balance sheet and profit and loss account

§ § 6 to 9 sentence 1, § § 11, 12, 18 to 20 and 22 to 24 of the regulation on the accounting of insurance companies of 8 November 1994 (BGBl. 3378), as last amended by Article 6 of the Law of 10 December 2001 (BGBl I). 3414), as amended in each case, Section 6 (2), with the proviso that the presentation should only be given in the Annex.

Section 3
Provisions relating to individual items in the balance sheet

Subsection 1
Active Page Post

Unofficial table of contents

§ 6 Contracts for life assurance undertakings

(1) In the "Contracts for the life insurance undertakings" item, contracts are to be issued which are received by pension funds in the case of life insurance undertakings as a capital investment to cover obligations towards the persons entitled to benefits. (2) The value of contracts for life assurance undertakings with related undertakings and undertakings with which an equity ratio exists shall be given separately in the Annex. Unofficial table of contents

Section 7 Other lending

(1) In the "Other lending" item, without regard to its term of office, the following lending shall be expleted, in so far as it does not appear in the post "lending to affiliated undertakings" or in the post " lending to undertakings with which: Participation ratio " shall be:
1.
Name bonds, which include, in particular, the names of the names of the Federal Railways, the former Bundesbahn and the former Bundespost, the Länder and the Federal Republic of Germany, the names of the Federal Railways and the Federal Republic of Germany, the names of the Federal Railways and the Federal Government. Municipalities that are registered in the debt book on the name of the accounting pension fund,
2.
Debt claims and loans,
3.
Other lending, including in particular:
a)
Loan repayment loans,
b)
Loans and advances paid to employees (employees and self-employed intermediaries) in the amount of more than six months; lower loans are to be shown under the heading "Other receivings".
(2) The remaining lending shall be broken down in the Annex if they are of a larger scale. Unofficial table of contents

§ 8 Assets for the Invoice and Risk of Employees and Employers

(1) In the item entitled "Capital investments for the account and the risk of employees and employers", those investments are to be shown which value the obligation of the pension fund in the event of a supply, in accordance with the provisions of the Pension fund contract (capital investments for the account and risk of employees and employers). (2) In the "Other assets" item, in particular, the due but backward and the period to the end date of the date of the closing date are , to the extent that they have not yet received the proceeds of the investments referred to in paragraph 1, are not already included in the balance sheet value of these capital investments. Unofficial table of contents

Section 9 Accounting claims arising from reinsurance business

In the item entitled "Accounting receivables from reinsurance business", the debt balances arising from the current accounts with reinsurers and reinsurance brokers are derived from the reinsurance business. To expel pension fund business. In the case of reinsurance contracts announced at the closing date, the accounting balances shall also include the provisions of the pension funds provided for in these cases, provided that they are replaced by the closing date of the closing date; the settlement of the provisions of the reinsurance contracts shall be the Pension fund provisions only at a later closing date or time, they are to be expunged under the corresponding subheadings of the pension fund provisions until then. Unofficial table of contents

§ 10 Claims for life insurance companies

In the item entitled "Claims for life assurance undertakings", the claims arising from the contracts concluded for the purpose of covering obligations to the persons entitled to the pension are to be rejected, in so far as they are not included in the item " Contracts for the 'Life insurance companies' or 'assets for the account and risk of employees and employers'. Unofficial table of contents

Section 11 Other claims

In the item "Other receivings" there are claims to be issued which cannot be assigned to another item. These include the claims arising from the provision of insurance and pension fund contracts, other service contracts, bail-out provided by a mutual insurance association or a pension fund. Reciprocity as a foundation stock amount made available, receivings from regresses and claims to employers who do not come from the pension fund business.

Subsection 2
Passive Page Items

Unofficial table of contents

Section 12 Pension fund provisions

The pension provisions referred to in this Regulation shall be in accordance with the technical provisions referred to in the fourth title of the second subsection of the Fourth Section of the Third Book of the Commercial Code. Unofficial table of contents

§ 13 Cover reserve

(1) In the calculation of the cover provision, appropriate security surcharges are to be applied for taking into account the risks arising from the pension fund contract. (2) If the cover provision calculated in accordance with section 341f of the Commercial Code is a In the case of a pension fund contract or a supply relationship under the contractual or legally guaranteed value to be provided in the event of termination of the contract or the supply relationship, it shall be set at the level of the contract; this shall be the shall apply mutatily to the non-contributory performance of the pension fund. (3) The Item "Cover provision" also includes, in particular, the administrative cost provision for non-contributory periods of pension fund contracts and supply relationships. (4) For the calculation of the provision, the rest are subject to the provisions of section 116. Provisions adopted by the Insurance Supervision Act. A cover provision on the basis of these provisions is not in the "cover provision" item, but under the heading " Pension fund provisions corresponding to the assets for the account and risk of workers and 'employers' in the subheading 'cover provision' where, in accordance with the provisions of the pension fund contract, the formation of the assets is made up of contributions paid to the account and risk of employees and employers and the value of the At least one of the assets of the cover provision to be formed . Unofficial table of contents

Section 14 Reprovision for supply cases which have not yet been uncovered

For the amount of the provision for unprocessed supply cases in accordance with Section 341g (1) sentence 1 of the Commercial Code, the obligations of the beneficiary shall be decisive, including provisions for not yet unwound completed pension fund contracts and supply contracts. Unofficial table of contents

§ 15 Reprovision for performantsdependent and performantsindependent contribution restitution

(1) In the item entitled "Replacement for non-profit-dependent and non-performanted contribution restitution", the provisions for repayment of contributions are to be rejected in accordance with Section 341e (2) (2) of the Commercial Code. This includes the amounts intended for offsetting with future contributions to the extent that they are not granted by way of direct credit. (2) The performantsdependent contribution refund shall include the amounts of the total or the total amount of the contributions. (3) The non-performanty contribution refund shall include the amounts dependent on the course of the damage or the profit of one or more pension fund contracts, or the amounts paid out by the pension fund. are contractually agreed. (4) Accumulated interest Surplus shares as well as due but not yet distributed surplus shares are to be shown under the heading "liabilities from the pension fund business". (5) For final surplus shares and final payments, within the reserve in the case of repayment of contributions, a partial return (final surplus fund) shall be established in accordance with the last declaration. The provision may only be used for these purposes. § 56a of the Insurance Supervision Act shall remain unaffected. (6) The Fund for Closing Surplus Shares shall be calculated in such a way that, for each supply relationship, at least the part of the pension provided for at the beginning of its normal retirement pension The final surplus, which corresponds to the ratio of the elapsed time for the period to be paid in respect of the total period of validity, shall be discounted at an interest rate not higher than that calculated over a reference period of 10 calendar years. arithmetic means of the return on circulation of the bonds of the public sector in accordance with the German Bundesbank in its monthly reports published capital market statistics. Deviations are permitted in order to comply with the specific characteristics of the pension plan. Prematurely due final excess shares may be taken into account by means of appropriate advices or deductises. (7) In the Annex, you must specify:
1.
the development (initial stock, supply, take-up, final stock) of the provision for repayment of contributions,
2.
the parts of the reserve for reimbursement of contributions, which are not
a)
on existing surplus shares already established but not yet allocated;
b)
on already fixed, but not yet allocated, final surplus shares,
c)
the final surplus fund (excluding the amounts to be specified under point (b)),
3.
for the individual accounting associations, the surplus shares fixed and, where applicable, the rate of collection interest used, indicating the allocation year,
4.
the procedures for calculating the Final Surplus Fund and the invoiced bases.
Unofficial table of contents

Section 16 Other provisions on pension funds

In particular, the item entitled 'Other provisions relating to the provision of pensions' means the provision for imminent losses and, if it reaches a larger scale, it shall be shown separately in the balance sheet or in the Annex. Unofficial table of contents

Section 17 Pension fund provisions in accordance with the assets for the account and risk of employees and employers

(1) Under this heading, the pension fund provisions shall be issued for the obligations of the pension fund, the value of which shall be based on the assets held by employees and employers on account and at the risk of the pension fund. Provisions in the pension fund contract are determined. (2) A cover provision to be formed in accordance with the provisions of Section 116 of the Insurance Supervision Act is in the item "Pension fund provisions corresponding to assets" for the account and risk of workers and employers ' to the extent that, in accordance with the provisions of the pension fund contract, the formation of the assets is made up of contributions made to the account and risk of employees and employers and the value of the said assets of the cover provision to be formed at least. The amount of the cover provision to be paid shall be indicated in the Annex. Unofficial table of contents

§ 18 Depository liabilities arising from reinsurance pension fund business

(1) In the item entitled "Depository liabilities arising from the pension fund business in reinsurance", the liabilities to reinsurers are to be shown in the amount of the amounts retained as collateral by the accounting pension fund; or (2) The deposit liabilities shall not be combined with other liabilities to the reinsurer, nor shall they be charged with claims to the reinsurer. Unofficial table of contents

Section 19 Accounting liabilities arising from reinsurance business

In the item entitled "Settlement liabilities arising from reinsurance business", the debt balances arising from the current accounts with reinsurers and reinsurance brokers from the reinsurance undertaking shall be the same as those arising from reinsurance. To expel pension fund business. In addition, § 9 sentence 2 applies. Unofficial table of contents

Section 20 Liabilities to life insurance companies

In the item entitled "Liabilities to life assurance undertakings", the liabilities arising from the contracts concluded are to be given in order to cover obligations to the persons entitled to the pension.

Section 4
Provisions relating to individual items of the profit and loss account

Unofficial table of contents

Section 21 Gross Premiums

(1) In the subheading "Gross premiums", the following contributions shall in particular be shown:
1.
the contributions payable in the financial year and the rates of contributions (including the rate supplements), even if they relate in whole or in part to a later financial year, plus the additional fees paid by employers and employees, even if: they are left in whole or in part to the mediator,
2.
the contributions which can only be calculated after the closing date,
3.
the one-off contributions,
4.
the surpluses levied by pension fund clubs in the financial year,
5.
Receipts from contributions receivted or cancelled in previous financial years, as well as income from the dissolution and reduction of the flat-rate correction to the contribution claims to the employers and employees.
(2) The contributions referred to in paragraph 1 shall include the amortisation of unrecoverable contributions to employers and employees, as well as the expenses arising from education and the increase in the flat-rate correction of contributions to the contribution receivings. to employers and employees. The contributions referred to in paragraph 1 shall not be reduced by means of reimbursement of contributions and commissions paid to intermediaries. Unofficial table of contents

Section 22 Reinsurance Contributions

The following amounts shall be shown in the sub-item entitled "Reed reinsurance contributions":
1.
the contributions of employers and employees credited to reinsurers and ancesuits,
2.
the portefeuille entry fees paid to the reinsurer when the pension fund business in reinsurance is concluded or increased.
From the amounts set out in the first sentence, the portfolios of the portfolios of portfolios obtained by the reinsurer in the event of abandonment or reduction of the pension fund business in reinsurance shall be deducted from the amounts of the cash-fire items received. Contributions from the pension fund for contracts entered into by life assurance undertakings to cover obligations to the pension fund are not provided for reinsurance contributions. Unofficial table of contents

Section 23 Unrealised gains from capital investments, unrealised losses from investments

In the item entitled "Unrealised gains from investments" or in the item "Unrealised losses from investments", the unrealised gains or losses from the capital investments are for the account and risk of employees and employers. . Unofficial table of contents

§ 24 Other pension funds-technical income for own account

In the item entitled "Other pension-related income for own account", the pension funds are to be issued which cannot be allocated to another item. These include in particular:
1.
by employers and employees
a)
the payment of VAT and interest on arrears,
b)
non-repealed, annual contribution repayments,
2.
the income from employers ' contributions to cover the total or partial cover of the pension fund operations.
The shares of the reinsurers shall be deducted from the previous proceeds. Unofficial table of contents

Section 25 expenditure on supply cases for own account

(1) The costs of supply cases for own account shall include the gross payments made in the financial year for supply cases, as well as the change in the gross reserve for supply cases which have not yet been unwound. The shares of reinsurers shall be deducted from the gross expenditure referred to in the first sentence. The shares of reinsurers do not include the benefits received by the pension fund from contracts which are received by life assurance undertakings to cover obligations to the persons entitled to supply. (2) Gross amount of payments for supply cases are the total payments made in the financial year for supply cases of the financial year and the previous years minus the payments received in the financial year on the basis of regresses. The gross amount of payments for supply cases also includes payments due to terminations of pension fund contracts and supply relationships and those in the functional area " Regulation of supply cases, terminations of pension fund contracts and supply relations " related personnel and material expenses, consisting of external and internal regulatory expenses. External regulatory expenses include, in particular, legal fees, court and process costs, fees for reviewers, and supplementary commissions for the regulation of supply cases to the intermediaries. (3) The change in gross amount the provision for unprocessed supply cases is the difference between the corresponding value at the end of the financial year and that at the beginning of the financial year. (4) In the case of the identification of the share of the reinsurers the gross amount of payments for supply cases and the change in the The gross amount of the reserve for supply cases which have not yet been completed shall be applied in accordance with paragraphs 2 and 3. (5) The result from the settlement of the provision made in the previous financial year for not yet completed in the case of supply cases which have been unwound, shall be explained in accordance with the type and level of the Annex. Unofficial table of contents

§ 26 expenses for performantsdependent and performantsindependent contribution refunds for own account

(1) The expenses for the performance-dependent contribution repayment shall include the contributions to the provision for repayment-dependent contribution restitution. (2) The expenses for the non-performance-independent contribution refund shall include:
1.
the supply to the reserve for non-performanted contribution restitution,
2.
the losses arising from the settlement of provisions taken over from the previous financial year; corresponding profits shall reduce expenses.
The shares of the reinsurers shall be deducted from the expenditure referred to in paragraph 1 and in the first sentence of paragraph 1. (3) In order to achieve a greater extent in the case of non-performance and non-profit-making contributions, they shall be separated from the Annex. . Unofficial table of contents

Section 27 expenses for the pension fund operation for own account

(1) The total personnel and material expenses of the company plus the calculation of the calculation of rental costs for the property and buildings used are to be assigned to the following functional areas:
1.
Regulation of supply cases, terminations of pension fund contracts and supply conditions,
2.
the conclusion of pension fund contracts;
3.
management of pension fund contracts,
4.
Management of investments.
Expenses which cannot be allocated to these functional areas are to be shown under the item "Other expenses". The allocation of the expenses to the functional areas is, in so far as they are not directly attributable, to be carried out in principle after the use of the operating range for the functional area. (2) As final expenses, the costs are determined by the following: the conclusion of a pension fund contract and the reasons for the expenditure incurred, including as far as they are covered by the accounts. Final expenses shall include both
1.
the expenditure directly attributable, in particular:
a)
the final commissions and additional commission for policy-making,
b)
the Courtage to the brokers,
c)
the charges for the application of the Treaty, the inclusion of the pension fund contract and the supply relationship in the stock,
d)
the costs of medical examinations in connection with the establishment of a supply relationship, as well as
2.
the indirectly attributable expenses, such as in particular:
a)
the general advertising expenditure,
b)
the non-material expenses incurred in connection with the processing of applications and the policy.
(3) Administrative expenditure shall include, in particular, expenditure on:
1.
the contribution, including the corresponding commissions,
2.
the management of the stock, including the corresponding commissions,
3.
the processing of
a)
Reimbursement of contributions,
b)
Passive reinsurance.
(4) From the gross expenditure for the pension fund establishment, the commission and profit participations received shall be deducted from the pension fund business in reinsurance and shall be rejected separately. This includes the repayment of the original expenses incurred by the reinsurer to the pension fund for the operation of the pension fund, as well as the build-up commissions received and other reconstruction grants. Unofficial table of contents

§ 28 Other expenditure on pension funds for own account

In the item "Other pension expenditure on own account", the pension fund expenditure must be expunged, which cannot be allocated to another item. These include in particular:
1.
the interest on accumulated surplus shares;
2.
the direct debit of surplus shares, to the extent that they are not supplied to the cover,
3.
the deductions paid to the reinsurers to the securities retained.
The shares of the reinsurers shall be deducted from the above expenses. Unofficial table of contents

Section 29 Income from investments

As "income from land, equal rights and buildings, including buildings on foreign land", it is also possible to identify the calculatory rents for the properties of the land and buildings which are used. Unofficial table of contents

§ 30 expenditure on investments

(1) As expenses for the management of the investments, the personnel and material expenses allocated to the functional area "Management of investments" are to be shown. (2) The interest expenses and other expenses for the capital investments include in particular:
1.
expenditure on land, equal rights and buildings, including buildings on foreign land, such as operating costs, maintenance costs, risk of levies, levies and insurance contributions;
2.
depot fees,
3.
Remuneration for the trustee for the cover stock,
4.
losses from shareholdings in partnerships,
5.
Debt interest on mortgages on their own property.
Unofficial table of contents

Section 31 Other income

In the item "Other income", the non-pensive fund yields are to be shown which cannot be allocated to another item. These include in particular:
1.
the income from services provided,
2.
(dropped)
3.
other interest and similar income, in so far as they are not derived from investments,
4.
the income on the basis of receipts from depreciated claims and income from the dissolution and reduction of the flat-rate adjustments to the claims, in so far as such income is not derived from the
a)
requests relating to the investments to be recorded in the item entitled "Income from attributions",
b)
Contributions receivable to employers and employees to be included in the "Gross premiums" item.
Unofficial table of contents

Section 32 Other expenses

In the item "Other expenses" the non-pension fund expenses are to be expunged, which cannot be allocated to another item. These include in particular:
1.
Personal and material expenses which cannot be attributed to the functional areas referred to in Article 27 (1), first sentence, no. 1 to 4,
2.
(dropped)
3.
the interest payable, including the interest-rate contributions to the pension provision; not to be shown in the item "Other expenses" are those paid to the reinsurers for the retained assets held in the item " Other "to be able to cover expenditure on the subject of the pension fund for its own account",
4.
depreciation and amortisation of receivments as well as the expenses arising from the formation and increase of the flat-rate value adjustments to the claims, insofar as these expenses are not
a)
relating to claims relating to investments to be recorded in the item entitled "depreciation and amortisation of investments";
b)
the contribution claims to employers and employees who are to be treated as deductions in the "Gross premiums" item.
Unofficial table of contents

§ 33 Other taxes

In the item "Other taxes", taxes are to be shown in so far as they are not taxes on income and on income.

Section 5
Annex

Unofficial table of contents

Section 34 Additional Explanatory Notes

(1) In addition to those referred to in § 341a in conjunction with sections 284 and 285 (1) to (3a) to (3a), (7), (9) to (14a) to (30) and (32) to 34 of the Commercial Code, the Annex shall be included in this Regulation on the individual items of the balance sheet or profit and/or profit and loss account to include the information required. In addition, the information required in this section must be provided. (2) In place of the information required by Section 284 (3) of the Commercial Code, the development of the assets B and C I to III shall be based on the applied pattern 1 and the (3) In place of the information required by Section 268 (7) of the Commercial Code, the information referred to in § 251 of the German Commercial Code (Handelsgesetzbuch) shall be replaced by the following: Liability conditions in each case separately specifying the pledge rights granted and other collateral . Where such obligations exist in relation to related undertakings, they shall be disclosed separately. The balance sheet value of the pledged assets transferred or deposited for security purposes, for which the insolvency proceedings may be used to assert or declaim rights, with the exception of the stocks of the cover stock in accordance with § 66 of the (4) In place of the information provided for in Article 285 (4) of the Commercial Code, the following information shall be provided under the following information: Comparison with the corresponding data from the previous financial year to make:
1.
the gross premiums written are broken down according to the following groups:
a)
gross premiums written, broken down by
aa)
ongoing contributions,
bb)
One-off contributions;
b)
gross premiums written, broken down by contributions in the framework of contracts
aa)
without profit-sharing,
bb)
with profit-sharing,
c)
Gross premiums booked:
aa)
pension-related pension plans,
bb)
performance-related pension plans.
2.
The reinsurance balance shall be disclosed, including the balance from the contributions of the reinsurer and the reinsurer ' s contributions to gross costs of supply and gross expenses for the To understand pension fund operations plus the change in the share of reinsurers in the gross cover provision.
(5) In place of the information provided for in Article 285 (8) (b) of the Commercial Code, information on the commissions and other references of the representatives for the pension fund business as well as personnel expenses according to the applied pattern 3 shall be made. (6) In the The appendix shall specify the expenses for contributions to the pension assurance association. Unofficial table of contents

Section 35 Additional mandatory particulars

In addition to the items in the balance sheet and the profit and loss account, the following shall be stated in the Annex:
1.
on the balance sheet item "Land, equal rights and buildings, including buildings on foreign land", the balance sheet value of the own land and buildings used by the pension fund in the course of its activities,
2.
to the balance sheet item entitled "Genussrechtskapital", the amount of which shall be due before the end of two years,
3.
in addition to the information provided for in Section 284 (2) (1) and (2) of the Commercial Code, the methods of determining the individual pension provisions, with the exception of the provision for repayment of contributions, both with regard to the gross amounts, as well as amounts to be paid to the pension fund business in reinsurance; the main changes to the methods used in the previous financial year are to be explained;
4.
the actuarial methods and calculation bases used to calculate the provisions relating to the pension funds, including the surplus shares included therein,
5.
the amount of surplus shares accumulated in the subheading of the balance sheet "liabilities arising from the pension fund business vis-à-vis persons entitled to the pension";
6.
the amounts shown in the sub-items of the item entitled "Income from investments" shall be disclosed in accordance with the following groups:
a)
Income from investments (assets C),
b)
Income from capital investments for the account and risk of employees and employers (assets D I),
c)
income from life insurance contracts contained in asset C, which are received by pension funds to cover obligations to the persons entitled to supply;
d)
income from contracts of life insurance undertakings contained in assets item D I, which are received by pension funds to cover obligations to persons entitled to benefits;
7.
the amounts shown in the sub-items of the item entitled "Expenditure on investments" shall be disclosed by the following groups:
a)
Expenditure on investments (Assets item C),
b)
Expenditure on capital investments for the account and risk of employees and employers (assets D I),
c)
expenses for life insurance contracts included in asset C, which are entered into by pension funds to cover obligations to the persons entitled to supply;
d)
Expenditure on contracts for life assurance undertakings included in asset D I, which are received by pension funds to cover obligations to the persons entitled to supply.
Unofficial table of contents

Section 36 Application of provisions of the Regulation on the accounting of insurance undertakings at time

Articles 54 to 56 of the Regulation on the accounting of insurance undertakings, as amended, are to be applied accordingly.

Section 6
Site Report

Unofficial table of contents

Section 37 Situation report

(1) In addition to the information required by Section 289 of the Commercial Code, the management report shall include the following information:
1.
Indication of the types of pension schemes operated,
2.
Report on the course of business in the different types of pension plans.
(2) The pension fund associations on reciprocity shall also explain the way in which an increase in the amount of the surcharge has been determined. (3) In addition, the pension fund contract stock shall be broken down in accordance with the existing pattern 4.

Section 7
Group Accounting

Unofficial table of contents

Section 38 Group balance sheet and consolidated profit and loss account

(1) Unless the specific features of the Group differ, Form 1 and Form 2 shall apply for the preparation of the consolidated balance sheet and the consolidated income statement. (2) The consolidated balance sheet and the consolidated statement of profit and loss account The consolidated profit and loss account is, moreover, in so far as these do not result in deviations due to their own nature,
1.
§ § 3, 4, 6 to 33 and
2.
the provisions of § § 6 to 9 sentence 1, § § 11, 12, 18 to 20 and 22 to 24 of the regulation on the accounting of insurance undertakings, § 6 para. 2 with the prescribed conditions, in accordance with § 5 of this Regulation,
shall apply accordingly. Unofficial table of contents

Section 39 Group attachment

Section 59 of the Regulation on the accounting of insurance undertakings must be applied accordingly.

Section 8
Irregularities

Unofficial table of contents

§ 40 Administrative Offences

Contrary to § 341p in conjunction with Section 341n (1) No. 6 of the Commercial Code, who acts as a member of the representative body or of the supervisory board of a pension fund
1.
in drawing up or establishing the annual accounts
a)
it does not apply the prescribed form, contrary to § 2,
b)
Contrary to § 3, § 4 (1) or (2) or § 36, the latter, in conjunction with § 54, § 55 or § 56 of the Regulation on the accounting of insurance undertakings, does not make an indication, not correct or not in the prescribed manner,
c)
a provision of § 5 in conjunction with § § 6 to 9 sentence 1, § § 11, 12, 18 to 20 or 22 to 24 of the regulation on the accounting of insurance undertakings or § § 6 to 11, 13 to 33 on the individual items of the balance sheet or the profit and loss account shall be contrary to the claims,
d)
a provision of § 34 or § 35 on additional explanations or additional mandatory data, or
2.
in the case of the establishment of the management report of a provision of section 37 on additional information, or
3.
in the preparation of the consolidated financial statements
a)
does not apply the prescribed form, contrary to Section 38 (1),
b)
a provision of section 38 (2) no. 2 in conjunction with § § 6 to 9 sentence 1, § § 11, 12, 18 to 20 or 22 to 24 of the regulation on the accounting of insurance companies by way of the individual items of the consolidated balance sheet or the consolidated profit-making and loss account shall be contrary to the information to be received or
c)
Contrary to § 39 in conjunction with Section 59 (2) to (4) of the Regulation on the accounting of insurance undertakings, an indication is not made or is not correct.

Section 9
Final provisions

Unofficial table of contents

Section 41 Transitional provisions

(1) The provisions of this Regulation shall be applied for the first time to the annual accounts and the management report and the consolidated financial statements of pension funds for the financial year beginning after 31 December 2001. (2) § § 31, 32 and 34 (6), the Form 2 and the model 1 in the version of the Accounting Law Modernisation Act of 25 May 2009 (BGBl. 1102) as well as the Form 1 with the amendments made by the Accounting Law Modernisation Act and Article 5 (2) of the Regulation amending Accounting Regulations of 9 June 2011 (BGBl. 1041) shall be applied for the first time to annual financial statements for financial years beginning after 31 December 2009, in the case of Article 66 (3), sentence 6 of the Introductory Act to the Commercial Code after 31 December 2008. Form sheets 1 and 2, as well as the model 1 in the version valid until 28 May 2009, are to be applied last year and consolidated financial statements for the financial year beginning 1 January 2010. To the extent that this Regulation refers to the provisions of the Commercial Code as amended by the Accounting Law Modernisation Act, the provisions of Articles 66 and 67 of the Introductory Act to the Commercial Code shall apply. Transitional arrangements accordingly. Article 66 (3) sentence 6 of the Introductory Act to the Commercial Code applies accordingly. (3) On the forms 1 and 2 in the version of the Regulation amending the Insurance Company-Accounting Regulation and amending more Accounting regulations of 18 December 2009 (BGBl. (4) Form 1, as well as samples 1 and 2, as amended by the AIFM Implementation Act of 4 July 2013 (BGBl. I p. 1981) are to be applied for the first time on annual and consolidated financial statements for financial years beginning after July 21, 2013. (5) (In force 1.1.2016) (6) § § 34 and 35 in the version of the balance-sheet implementation law of 17 July 2015 (BGBl. I p. 1245) shall be applied for the first time on annual and consolidated financial statements for financial years beginning after 31 December 2015. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Form 1

(Content: non-representable form)

(Fundstelle: BGBl. I 2003, p. 256-257;
with regard to of the individual amendments. Footnote)

Unofficial table of contents

Form 2

(Fundstelle: BGBl. I 2003, p. 258-259;
with regard to of the individual amendments. Footnote)

 Name: ................................... 
Seat: ...................................
Profit and loss account
for the time from ........ to ........

Post
-------------------------------------------------------------------------------
Euro Euro Euro
I. Pension fund account
1. Verdict contributions for own account
(a) Gross premiums paid ....
(b) Submitted reinsurance contributions .... ....
----
(c) Change in gross contributions to the contribution ....
(d) Change in the share of reinsurers
in the gross contributions .... .... ....
---- ----
2. Contributions from the gross provision for
Contribution refund ....
3. Income from investments
a) Income from participations ....
of which:
from affiliated companies .... Euro
(b) Income from other investments
of which:
from affiliated companies .... Euro
(aa) income from land, the same
Rights and buildings, including the
Buildings on foreign land ....
bb) Income from other capital investments .... ....
----
(c) Income from attributions ....
(d) profits from the demise of capital investments ....
(e) Income from profit communities, profit and loss
and partial profit transfer agreements .... ....
----
4. Unrealised gains from capital investments ....
5. Other pensionsfondstechnische revenues for own
Invoice ....
6. expenses for supply cases for own account
(a) payments for supply cases
(aa) gross amount ....
bb) Share of reinsurers .... ....
----
(b) Change in the provision for not yet
unwrapped supply cases
(aa) gross amount ....
bb) Share of reinsurers .... .... ....
---- ----
7. Change of the other pensionsfondstechnisches
Net provisions
(a) Cover provision
(aa) gross amount ....
bb) Share of reinsurers .... ....
----
(b) Other pensionsfondstechnische
Net provisions .... ....
----
8. expenses for performance-dependent and success-independent
Contribution refund for own account ....
9. expenses for the pension fund operation for own
Invoice
a) Final expenses ....
(b) Administrative expenses .... ....
----
(c) from:
Commissions received and profit participations
from the reinsurance
Pension fund business .... ....
----

still post
-------------------------------------------------------------------------------
Euro Euro
10. Expenditure on investments
(a) expenditure on the management of investments;
Interest expenses and other expenses for the
Capital investments ....
(b) Depreciation of capital investments ....
(c) losses arising from the demise of investments ....
(d) expenses arising from loss of loss .... ....
----
11. Unrealized losses from capital investments ....
12. Other expenditure on pension funds for
Own account ....
----
13. Pension fondstechnisches result for your own account ....
II. Non-pensionsfondstechnische invoice
1. Other income ....
2. Other expenses .... ....
---- ----
3. Result of normal business activities ....
4. Extraordinary returns ....
5. Extraordinary expenses ....
----
6. Extraordinary result ....
7. Taxes of income and of income ....
8. Other taxes .... ....
----
9. Income from loss of loss ....
10. On the basis of a profit community, one
Profit or loss of profit or partial profit
led profits .... ....
---- ----
11. Annual surplus/annual loss 1) ....
== ==

Footnotes to form 2:
1) Taking into account changes in capital and profit reserves
, as well as the capital of the non-penitory-related technical
Invoice is the following in continuation of the numbering
Posts to be supplemented:
" 12. Profit proposal/loss lecture from the previous year ....
----
....
13. Decorations from the capital reserve ....
----
....
14. Withdrawal from profit reserves
a) from the legal reserve a) ....
(b) from the reserve for shares in a ruling
or majority of the companies involved ....
(c) from statutory reserves ....
d) from other profit reserves .... ....
---- ----
15. Genussrechtskapital deprivation ....
----
....
16. Settings in retained earnings
a) in the legal reserve b) ....
(b) in the reserve for shares in a ruling
or majority of the companies involved ....
(c) in terms of statutory reserves ....
d) in other profit reserves .... ....
---- ----
....
17. Replenials of the Pleasure Capital ....
----
18. Balance Sheet Profit/Balance Sheet ... "
== ==

(a) The position of item II 14 a "from the statutory reserve"
in the non-pension fund account shall be taken into account in the case of the
Pension fund associations on reciprocity of item II 14 a
"from the loss reserve in accordance with § 37 VAG".
(b) To the position of item II 16 a "in the legal reserve"
in the non-pension fund account shall be taken into account in the case of the
Pension fund associations on reciprocity of item II 16 a
"in the loss reserve according to § 37 VAG".
The information from item II 12 may take place in the non-pensive fund
Invoice is also included in the appendix.
Unofficial table of contents

Sample 1

(Content: non-representable form)

(Fundstelle: BGBl. I 2003, p. 260;
with regard to of the individual amendments. Footnote)

Unofficial table of contents

Sample 2

(Content: non-representable form)

(Fundstelle: BGBl. I 2003, p. 261;
with regard to of the individual amendments. Footnote)

Unofficial table of contents

Sample 3

(Fundstelle: BGBl. I 2003, 262)

Commissions and other references of the representatives, staff-AufwendungenPrefiscal year Tsd. EuroTsd. Euro
1. Commission of any kind of representatives
2. Other references of the representatives
3. Wages and salaries
4. Social charges and expenses for assistance
5. Expenditure on pensions
6. Total expenses
Unofficial table of contents

Sample 4

(Fundstelle: BGBl. I 2003, 263)

(Content: non-representable form)