Regulations Of Consolidated Supervision Rules

Original Language Title: Konsolidētās uzraudzības normatīvie noteikumi

Read the untranslated law here: https://www.vestnesis.lv/ta/id/167483

Financial and capital market Commission Regulation No. 166 in Riga in 2007 (30 November. 3. p. 49)
Consolidated supervision Regulations Issued in accordance with the provisions of the credit institutions act article 50.9 eighth and financial instruments market law article eighth 123.4 i. General questions 1. provisions are binding on those banks and investment brokerage firms (hereinafter the authority), which is subject to consolidated supervision.
2. the rules provide: 2.1. consolidation the consolidation group and subgroup of the company be and their consolidation;
2.2. The credit institutions law 35, 40, 42, 44 and 45 and article. Financial instruments market law in article 121 and 122 of the first paragraph of article 1 and paragraph 2 defined a regulatory enforcement procedures for the calculation of indicators characterize the consolidation group or subgroup level;
2.3. the report on the composition of the Group and the preparation of consolidated financial statements and submitting the order.
II. Consolidation of 3 institutions group consolidation group consists of the parent body of the Republic of Latvia or the Republic of Latvia to the European Union established in the mother's body (hereinafter referred to as the consolidation of the responsible authority of the Group) and the Republic of Latvia, other Member States or abroad: 3.1 registered its subsidiaries that are credit or financial institutions or commercial companies that provide with core business related services such as property management, data processing management system (hereafter – palīgsabiedrīb);
3.2. the company, which is a credit institution or financial institution or palīgsabiedrīb, in which the institution's membership, and which authority administered jointly with another person or other persons (commercial companies) that do not fall within the consolidation group and the accountability of the company and limit the extent of its participation (hereinafter kopsabiedrīb).
4. the voting rights in the credit institution, financial institution or palīgsabiedrīb and their respective credit institutions, financial institutions or administrative organ of the palīgsabiedrīb the number of members that have the right to appoint or to cancel it: take into account: 4.1 4.1.1. the institutions voting rights (the right to appoint or cancel from the members of the administrative organ) in this company;
4.1.2. its subsidiary's voting rights (the right to appoint or cancel from the members of the administrative organ) in this company;
4.1.3. the voting rights of persons (right to appoint or cancel from the company the members of the administrative organ) in which this company under the agreement, act in their own name, but the authorities or its subsidiary tasks or right;
4.2. the vote shall not be taken into account in this company (the right to appoint or cancel this company from the members of the administrative organ), shares (parts): 4.2.1 which is acquired or its subsidiary's name but on behalf of another person or;
4.2.2. where is the company or its subsidiaries guarantee claims provided that the rights in question are exercised in accordance with the instructions received from the person who provided the security;
4.3. the company's shareholders (participants) of the total number of voting rights, in relation to which the institution is established, the proportion of voting rights held, do not include the vote of shares (shares), which acquired the same company-stock (part of) the issuer, the company's subsidiary company, as well as a person acting in his own name but on the company or its subsidiary company to the task or favor.
5. consolidation of the financial holding company of the group consists of the parent of the Republic of Latvia on financial holding company or registered in the Republic of Latvia to the European Union's financial holding company, parent, or registered in another Member State of the European Union of the mother's financial holding company that is the parent holding company of the consolidation group to which supervision on a consolidated basis shall be exercised by the Commission and the Republic of Latvia, other Member States or abroad: registered 5.1. subsidiaries, which are credit institutions, financial institutions or palīgsabiedrīb;
5.2. kopsabiedrīb.
6. the consolidation of the financial holding company of the group is a responsible authority in the Republic of Latvia registered institution which is the parent of the Republic of Latvia or the financial holding company registered in the Republic of Latvia in the European Union the financial holding company of the parent company or a subsidiary established in another Member State of the European Union, the financial holding company of the mother, which is the parent holding company of the consolidation group to which supervision on a consolidated basis shall be exercised by the Commission, a subsidiary company and which at the same time not some other financial holding company in the consolidation group in the Republic of Latvia, the authorities established a subsidiary company or kopsabiedrīb. If these signs comply with the number of registered in the Republic of Latvia authorities, the financial holding company of the Group's consolidation of the authority of the Commission.
7. the consolidation of the authority of the subgroup consists of authority (hereinafter – the consolidation of sub-groups responsible authority), which is the parent of the Republic of Latvia to the Republic of Latvia or of the authority of the financial holding company of the mother, or registered in another Member State of the European Union, the financial holding company of the mother, which is the parent holding company of the consolidation group to which supervision on a consolidated basis shall be exercised by the Commission, a subsidiary company which itself or its parent holding company of the foreign financial is a subsidiary company, which is a credit institution or financial institution whether it's participation in the Foreign Office, and in the Republic of Latvia, other Member States or abroad: registered 7.1. subsidiaries, which are credit institutions, financial institutions or palīgsabiedrīb;
7.2. kopsabiedrīb.
8. the institutions or financial holding company in the consolidation group or sub-group of consolidation (hereinafter the consolidation group), subject to authorisation by the Commission may not include any authorities or of the subsidiary kopsabiedrīb: 8.1 which is registered in a foreign country and information about the company or the subsidiary kopsabiedrīb, which requires the preparation of consolidated financial statements, cannot receive timely or without unduly large expenditure;
8.2. for supervisory purposes which is not substantial;
8.3. where the balance sheet total is less than the lesser of the following amounts: 8.3.1. one percent of the parent company or body which has membership, balance sheet total;

8.3.2.10 million euros, which is recalculated for the Latvian currency after the Bank of Latvia exchange rate.
However, if two or more subsidiaries or kopsabiedrīb, with each separately meet 8.2 or 8.3. criteria referred to in paragraph together are essential in the consolidation group shall be included;
8.4. the consolidation of the financial statements which from the point of view of supervision are inappropriate or misleading.
9. If the authority is limited to subsidiaries or kopsabiedrīb, which is palīgsabiedrīb or the electronic money institution, the consolidation group does not exist.
III. reports of the consolidation group consolidation group 10, the financial holding company of the group, consolidation the consolidation of sub-groups responsible authority (hereinafter referred to as the responsible authority) prepare: 10.1 "report on the composition of consolidation" for authorities in the consolidation group or consolidation group of financial holding company and each subgroup of consolidation of the authority of the appropriate form referred to in annex 1;
10.2. the consolidated balance sheet and consolidated profit and loss statement (hereinafter referred to as the consolidated financial statements);
10.3. review of equity and the minimum capital requirement is calculated in accordance with Commission Regulation No 165 30.11.2007. "report on minimum capital requirements and the calculation of own funds for the preparation and submission to the legislative provisions" authority consolidation requirements, the financial holding company of the Group's consolidation group and the Sub-group consolidation for each authority level;
10.4. exposure limit calculations for consolidation of the authority of the financial holding company of the group, the Group of consolidation and consolidation of subgroups of each authority level;
10.5. the calculation of the investment restrictions of the consolidation group of the institution, financial holding company consolidation consolidation of the Group and each sub level, if the responsible authority is the bank.
11. If the consolidation group is the parent company of the Republic of Latvia on financial holding company of the mother or in the Republic of Latvia to the European Union established the parent financial holding company, or registered in another Member State of the European Union of the mother's financial holding company that is the parent holding company of the consolidation group to which supervision on a consolidated basis shall be exercised by the Commission, ' report of the consolidation group "information about the parent company is indicated first.
12. If the rules referred to in paragraph 7 of the subgroup structure consolidation coincides with the consolidation of the financial holding company of the group structure, as determined in accordance with the provisions of paragraph 5, the institution made the reports referred to in paragraph 10 of the Sub-group consolidation level.
IV. Consolidated financial statements 13. Consolidation a consolidated balance sheet of the Group and the consolidated income statement items layout corresponds to the provisions of annex 2 and 3. Consolidation of the Group's consolidated financial statements prepared in accordance with Commission Regulation No 46 24.02.2006. "banks, investment companies and investment management company of the annual accounts and the consolidated annual report".
14. In consolidated financial statements: 14.1. subsidiary of the consolidation group of credit institutions, financial institutions and the financial statements palīgsabiedrīb figures include using the full consolidation method, in accordance with article 27 of the international accounting standards;
14.2. the consolidation of the Group kopsabiedrīb, which is a credit institution, financial institution and palīgsabiedrīb, the financial statements include figures using the proportional consolidation method, in accordance with international accounting standards 31.
15. In consolidated financial statements, participation in the consolidation of the Group's subsidiaries or kopsabiedrīb, which rates the financial statements referred to in paragraph 8 of the rules of reasons not included in the consolidated financial statements under the terms of paragraph 14 of the requirements presented by the purchase method or the fair value, in accordance with international accounting standard 27.
16. the Consolidation of the company's participation in the Group of credit institutions, financial institutions or palīgsabiedrīb, which are not included in the consolidation group, presented in the consolidated financial statements using the equity method in accordance with international accounting standards 28.
17. Consolidation of the company's participation in the Group of credit institutions, financial institutions, or palīgsabiedrīb, which are not included in the consolidation group, but which are associated with the consolidation of Group companies, if the connection gets as a company under common control of contracts concluded or the instrument of incorporation of the company, or the provisions of the Statute, or that those in the course of the financial year at least half of any governing body members are one and the same person as presented in the consolidated financial statements using the equity method in accordance with international accounting standards 28.
V. consolidation the Group's own capital and minimum capital requirements 18. Consolidation of the Group's equity calculated in accordance with Commission Regulation No 60 02.05.2007. "calculation of minimum capital requirements rules" (hereinafter – MKP) requirements, based on the consolidation of the Group's consolidated financial statements prepared in accordance with the requirements of part IV of the rules.
19. the calculation of the own funds of the group consolidation, in addition comply with the following requirements: 19.1. consolidation group first level capital increases of such negative elements (liabilities) or reduced by following the positive elements (active items) value: 19.1.1. minority interests corresponding to the first tier capital elements;
19.1.2. goodwill;
19.2. the consolidation of the Group's second level capital accompanied by minority interests, which corresponds to the second tier capital elements, taking into account the second tier capital elements under certain restrictions.
20. The consolidation of the Group's capital requirements calculated in accordance with the provisions of the MKP and in addition meet the following requirements: 20.1. consolidation of the group for the purpose of calculating the capital requirements of the Group's consolidation in the company balance sheet and off-balance-sheet items distributed in the trading book and the trading book;

20.2. the consolidation of the Group's non-trading portfolio credit risk and risk reduction in recoverable value (dilution risk) capital requirement is calculated using one of the following methods or a combination of these two methods: 20.2.1. on the basis of the consolidated financial statements;
20.2.2. how this risk, the capital requirements calculated for each group company, a consolidation total;
20.3. the consolidation of the Group's trading portfolio of debt securities and equity position risk, the capital requirements for the trading book capital requirements for settlement risk, trading portfolio counterparty risk, the capital requirements for the trading book and not a trading portfolio of foreign exchange risk and capital requirements for commodities risk capital requirement is calculated using one of the following methods or a combination of these two methods: 20.3.1. how this risk, the capital requirements calculated for each consolidation group company , total;
20.3.2. on the basis of the consolidated financial statements, if the following requirements are met: 20.3.2.1. the consolidation of the Group company manages and controls the risks of the trading portfolio on a unified basis, each of the consolidation group 20.3.2.2. the company's capital (capital requirements) have been individually, there is no 20.3.2.3. foreseen material practical or legal impediment to the parent company does not allow for the prompt transfer of own funds or the consolidation group company take-consolidation group company obligations 20.3.2.4. the responsible authority, to prepare consolidated financial statements every day;
20.4. If you have received permission from the Commission to exceed the limit of large exposures of the trading book exposures, capital requirements for such excess is calculated based on the consolidated financial statements, in accordance with Commission Regulation No 62 02.05.2007. "exposure limit" the enforcement rules (hereinafter "exposure limit" the enforcement rules) and taking into account the requirements of part VI of the rules;
20.5. the consolidation of the Group's capital requirements for operational risk is calculated using one of the following methods or a combination of these methods: 20.5.1. on the basis of the consolidated financial statements, if consolidation authority in the group use the same rules of 290.1.1-MKP 290.1.3 approach referred to in paragraph 290.2.2 or 290.2.1 – this approach in combination;
20.5.2. based on internal operational risk measurement model of data if the consolidation of the institutions in the group use the MKP, paragraph 290.1.4 of the rules;
20.5.3. how this risk, the capital requirements calculated for each company, the consolidation group total if the consolidation group within institutions use different rules of MKP in paragraph 290 of the approach or combination of approaches;
20.6. the authority shall be used in accordance with the rules, 20.3 and 20.2 20.5. point the approach consistently, changing it only reasonable reason.
21. the calculation of the capital requirement in accordance with the rules of total 20.2.2., and section 20.3.1.20.5.3, comply with the following requirements: 21.1. consolidation the Group companies excluded between balances, transactions, income and expenses;
21.2. the consolidation of the Group's capital requirements included kopsabiedrīb proportional consolidation of authorities for part of the kopsabiedrīb group;
21.3. in another Member State of the regulated company capital requirements may be determined in accordance with the relevant requirements of the home State;
21.4. foreign capital requirements of the regulated company may be determined in accordance with the requirements of the home State, if they are equivalent to those laid down in the Member States the minimum capital requirements;
13.4. If the consolidation group within the company law does not set capital requirements, capital requirements calculated in accordance with the provisions of the MKP.
22. the responsible authority shall calculate and observe the trading portfolio of debt securities and equity position risk capital requirements in accordance with the provisions of paragraph 73.2.1 MKP requirements, if the provisions of paragraph 74 MKP in certain criteria are exceeded, based both on the consolidation group of the responsible authority to the individual financial statements and to the consolidation of the Group's consolidated financial statements. If the provisions of paragraph 74 of the MKP within certain criteria are exceeded, the basis of consolidation the Group's consolidated financial statements, but is not exceeded, on the basis of the consolidation group of the responsible authority to the individual financial statements, the responsible authority may submit to the Commission a request to allow the trading book exposures not included to calculate the provisions of paragraph 73.2.1 MKP requires the heading risk capital requirements, but to apply those provisions of title II of the MKP, Chapter 2 and Chapter 3 of part 3 of the approach to the calculation of capital requirements on the basis of the consolidated financial statements.
23. If any of the Group companies of consolidation trading portfolio does not exceed the provisions of paragraph 74 of the MKP at specific criteria or not subject to requirements equivalent to those in the Member States the minimum capital requirements for the following commercial companies trading portfolio consolidation group, the minimum capital requirement shall not be included in the calculation for purposes of calculating, under rule 20.3. point requirements, but within the consolidation group not trading portfolio credit risk capital requirements calculated in accordance with the provisions of paragraph 20.2.
Vi. the consolidation of the Group exposures on the consolidation of the Group's 24 exposures they considered consolidation the Group companies consolidated balance sheet and off-balance-sheet items reported transactions, which are specified in "exposure limit rules of execution" in point 6.
25. the consolidation of the Group's exposure limits shall be calculated in accordance with the "exposure limit rules of execution" requirements of part II, based on the consolidation of the Group's consolidated financial statements prepared in accordance with the requirements of part IV of the rules.

26. If the consolidation group shall consist of at least one commercial company subject to requirements equivalent to those in the Member States the minimum capital requirements for the trading book and which exceeds the provisions of paragraph 74 MKP criteria set out in the consolidation group not trading book exposures of the trading book and the exposure value shall be determined in accordance with "exposure limit rules of execution" requirements of part II.
27. a consolidation group if the company's trading portfolio does not exceed the provisions of paragraph 74 of the MKP at specific criteria or not subject to requirements equivalent to those in the Member States the minimum capital requirements for the following commercial companies trading portfolio exposure limit calculations include the consolidation of the Group's non-trading portfolio.
28. the competent authority shall prepare a consolidation group "large exposures review" ("exposure limit" the enforcement provisions in the form referred to in annex 1) under "exposure limit" the enforcement of the provisions of paragraph 30-33 requirements.
VII. contribution to the consolidation of the Group's 29. the responsible authority shall, on the basis of consolidation the Group's consolidated financial statements, in accordance with Commission Regulation No 83 6/1/2007. "Investment Bank reporting rules" (hereinafter – the "Investment Bank reporting rules") requirements, draw up: 29.1. consolidation "report on major groups ' participation in the share capital of the company" ("Investment Bank reporting rules" form in annex 1);
29.2. the consolidation of the Group's "report on the significant participation of credit institutions, financial institutions, insurance companies, reinsurers ' share capital and subordinated capital investments" ("Investment Bank reporting rules" form in annex 2);
29.3. the consolidation of the Group's "report on the significant participation of companies not included in the calculation of investment limits, capital" ("Investment Bank reporting rules" form referred to in annex 3).
30. paragraph 29 of the rules of preparing the reports referred to in the consolidation group, equity shall be determined according to the provisions of paragraph 18-19.
VIII. Reporting 31. "report on the composition of consolidation" for authorities in the consolidation group, the holding company of the group for the financial consolidation and consolidation of the authority of each subgroup, "consolidated balance sheet", "the consolidated profit or loss", "report on significant interests in the share capital of the company", "overview of the essential participation of credit institutions, financial institutions, insurance companies, reinsurers ' share capital and subordinated capital investments" and "statement of participation in the company, which is not subject to the investment restrictions "the authorities in the capital, the consolidation group, the financial holding company of the group consolidation and the consolidation of the authority of each subgroup prepared a report on the situation on June 30 and December 31, shall be submitted to the Commission and to review on august 1 and the reference year for the following February 1.
32. the reports referred to in paragraph 10.3 of the rules, submitted in accordance with Commission Regulation No 164 30.11.2007. "report on minimum capital requirements and the calculation of own funds for the preparation and submission to the legislative provisions". Submitting an "equity and minimum capital requirements summary statement" for the first time, the authority shall inform the Commission about the selected rule 20.2, 20.3, and 20.5. approaches and referred further informed of the changes.
33. "large exposures review" on the Authority's consolidation group, the holding company of the group for the financial consolidation and consolidation of the authority of each subgroup prepared on the State of the review on 31 March, 30 June, 30 September and 31 December and submitted to the Commission to review on 1 may, 1 august and 1 November for the following year February 1.
34. The provisions of paragraphs 31 and 33 of these reports shall be drawn up in accordance with Commission Regulation No 156 16.07.2004. "electronically submit statistical reports preparation and dispatch rules".
35. If the Commission finds that the consolidation group responsible authorities submitted reports prepared in error, it shall notify by email to the relevant group of consolidation to the responsible authority. If the Commission has not stated otherwise, the responsible authority shall submit corrected report not later than the working day following the application of the Commission notice on the existence of an error.
IX. procedures for receiving Permission 36. Authorisation a consolidation Group subsidiaries or kopsabiedrīb not for inclusion in the consolidated financial statements referred to in paragraph 8 of the rules of reason, the responsible authority shall submit to the Commission a written notice at least 30 days prior to the preparation of consolidated financial statements for a specific date. The application shall be accompanied by the consolidation of the Group's subsidiaries or kopsabiedrīb of the last approved annual or interim balance sheet and a profit and loss statement. Permit is valid until the date until which the subsidiary company or kopsabiedrīb complies with the provisions of paragraph 8.
37. for rule 20.4. authorisation referred to in paragraph 1 to exceed the limit of large exposures of the trading book exposures, the authority shall submit to the Commission documents under "exposure limit rules of execution".
38. for provisions in paragraph 22 of the Commission's regulations 74. MKP criteria in the appropriate trading book positions to calculate the capital requirements for credit risk exposures and to exclude debt securities and equity securities risk capital requirements, the authority shall submit to the Commission an application for which the add documents, financial statements and compliance with the criteria supporting calculations.
X. closing question 39. entry into force these rules shall lapse, Commission Regulation No 301 29.12.2004. "rules" of consolidated supervision and Commission Regulation No 15 19.10.2001./4 "Investment Bank reporting rules".
Financial and capital market Commission Chairman U. When attachments ZIP 57 kb annex 1 financial and capital market Commission Regulation No. 166 30.11.2007.

"Regulations of consolidated supervision", the name: code: 0651297 Application level UPDK (consolidation the consolidation group, subgroup) must submit financial and capital market Commission twice a year-till august 1 and to the following year February 1, overview of the consolidation group of the year (accounting period) no PO box
The full name of the registered registration number Registration in the national Commercial kods1 registered office-General-bass veids2 balance sheet total (000) core-capital (k) share (%) of the issued share capital, which belongs to the consolidation group company-a good part of the voting rights (%) belonging to the consolidation group company-a good justification for inclusion in the consolidation grupā3 A B C D E F http://www.iso.org/iso/en/prods-services/iso3166ma/02iso-3166-code-lists/list-en1.html 1 2 3 4 5 1.








BNK-bank, 2; EN-the electronic money institution; IBS-investment brokerage company; IM-investment management company;






PFO-pension fund; LIZ-leasing company; CFI-other financial institution; Pls-palīgsabiedrīb; FP-financial holding company.



3 MS-subsidiary company; MMS-subsidiaries subsidiaries; KS-kopsabiedrīb; Mt-parent company; MTM-parent company subsidiary.


















Authorities (signature) (name) performer (first name, last name, phone number, email address) Annex 2 financial and capital market Commission 30.11.2007. Regulation No. 166 "regulations of consolidated supervision", the name: code: UPDK 0651298 must submit financial and capital market Commission twice a year-till august 1 and to the following year February 1 in the consolidated balance sheet. year (reporting period) name of the active Position Position code amount, thousand dollars (A) (C) 1 and the requirements to Which request for central banks to demand Action against K0100 credit K0150 held for trading financial assets K0210 K0200 equity instruments debt instruments credit K0220 K0230 K0240 derivative financial instruments classified as at fair value financial assets evaluated the presentation of profit and loss statement K0310 K0300 equity instruments debt instruments available for sale K0320 credits K0330 financial assets K0410 K0400 equity instruments debt instruments K0420 credits
K0430 loans and receivables (are not admitted to trading on a regulated market) (t.sk. financial leasing) debt instruments K0510 K0500 credit K0520 held-to-maturity investments in debt instruments K0610 K0600 credit K0620 derivative financial instruments – hedge K0700 the fair value of the hedging K0710 cash flow hedge K0720 the net participation outside the Latvian K0730 of hedging interest rate risk fair value hedge interest rate risk K0740 the cash flow hedging Against risk of K0750 interest in restricted parts of the portfolio changes in fair value assets K0800 K1000

Property, plant, equipment investment property K1020 K1010 intangibles K1100 positive goodwill (consolidation difference) K1110 other K1120 intangible assets investments in affiliated and associated companies kopsabiedrīb, share capital (calculated on the equity method-including goodwill) assets Tax, K1200 t.sk.
Current tax assets K1300 K1310 K1320 deferred tax assets other assets for sale K1400 assets (non-current assets and disposal groups classified as held for sale) the evil one in the set (K0150 + K0200 + K0300 + K0100 + K0400 + K0500 + K0600 + K0700 + + + + K1200 K0800 K1000 + K1300 K1400 K1100 + + evil one) K2000 annex 3 financial and capital market Commission 30.11.2007. Regulation No. 166 "regulations of consolidated supervision" annex 4 financial and capital market Commission 30.11.2007. Regulation No. 166 "regulations of consolidated supervision" annex 5 financial and capital market Commission rules 30.11.2007. No. 166 "regulations of consolidated supervision"