Key Benefits:
Decision of 10 May 1993 laying down detailed rules for the balance sheet, profit and loss account and explanatory notes of banks
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the Secretary of State for Justice, on behalf of our Minister of Finance, of 29 January 1993, Staff section of Private Law Legislation, No 303967/93/6
Having regard to the Directive No 86 /635/EEC -of the Council of the European Communities of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions ( PbEG L372), as well as on Article 417 of Book 2 of the Civil Code ;
Having regard to the opinion of De Nederlandsche Bank N. V.,
The Council of State heard (opinion of 15 April 1993, no. W03.93.0058);
Having regard to the further report of the Secretary of State for Justice of 29 April 1993, No 363307/93/6
Have found good and understand:
1 Under the assets are included separately:
a. the cash, the balances of giro accounts and the balances of the funds immediately payable to central banks in countries where the bank has an establishment;
(b) securities issued by bodies governed by public law and having an original maturity of not more than two years, which are refundable by the central bank;
c. claims;
d. marketable securities issued with a fixed interest rate or interest rate dependent on interest;
e. the shares and other non-fixed-income securities;
f. the participations;
g. the intangible assets, by corresponding means as determined by Article 365 of Book 2 of the Civil Code ;
h. the tangible fixed assets;
i. the remaining assets;
j. the deposits requested from shareholders;
k. the overflowing assets.
2 Under the liabilities are included separately:
a. Debt, whether or not embodied in marketable debt instruments;
b. The accrual-related liabilities, in so far as they are not covered by the debt;
c. the provisions, determined in the manner Article 374 (1), (2) and (4) of Book 2 of the Civil Code ;
d. subordinated debt;
e. own funds, by corresponding means as determined by Article 373 of Book 2 of the Civil Code .
3 Off-balance sheet are included in the conditional debts and irrevocable commitments that may lead to credit risk.
1 Assets which manage the bank in its own name on behalf of another non-separation of its own assets and liabilities shall be included in the relevant balance sheet items.
2 If, in the case of a sale of assets, return at a certain price is stipulated, the price received in the case of sale shall be recognised as a debt against those assets and shall be indicated in the notes on the amount of the assets transferred.
3 Foreign exchange transactions, forward exchange transactions and repurchase transactions in the issue of bonds or other fixed-income securities shall not in any event be considered as a sale of assets subject to repayment of a return.
4 Assets received for security shall be included on the balance sheet only if it is ready for money.
1 Under the claims shall be included separately:
a. claims on banks, including the price paid by the bank in the event of a purchase of assets, if the return is secured at a given price and with a separate statement of the claims immediately due;
b. Claims on customers, other than banks, including the price paid by the bank in the event of a purchase of assets, if the return is secured at a certain price.
2 Under the banks referred to in paragraph 1, the following definitions shall apply:
a. Banks established within the territory of the European Union authorised to carry out the holding of the bank;
b. Banks established outside the territory of the European Union;
(c) central banks or other international or public-law banks.
3 In securities with fixed or interest-rate dependent interest are listed that are issued by bodies governed by public law and by others. These securities shall also be distinguished according to whether or not they are defined as fixed assets, indicating the measure used for such purposes and according to whether or not they are included in a single asset. price list of a stock exchange. The amount to be due for the financial year following that to which the financial statements relate shall be declared.
4 Own equity instruments with fixed or interest-rate dependent interest held or held by the bank may not be activated unless such securities are not to be considered as fixed assets, they are put into circulation and are not on the back of the market, and trade. The amount of such securities shall be quoted as of the amount.
5 Differentiated from claims referred to in paragraph 1 and securities referred to in the first sentence of paragraph 3 shall be declared in respect of claims, whether or not evidenced in debt instruments, on group companies and on other accounts, legal persons and companies having a holding in the bank or in which the bank has an investee.
6 shall state which of the claims referred to in paragraph 1 (a) and (b) and which of the securities referred to in paragraph 3 shall be subordinated each time, as specified in accordance with paragraph 5.
7 The breakdown referred to in paragraph 5 is also mentioned in the assets referred to in paragraph 5. Article 1 (1) (b) .
8 Indicate the amount to which the maturity of claims on customers is undetermined. The other claims on customers, as well as of claims on banks that have not been repayable immediately, shall indicate the amount remaining to be paid up to each repayment:
a. Three months or less;
b. is longer than three months, but not more than one year;
c. is longer than one year, but not more than five years;
d. be longer than five years.
1 Under the participations are included separately:
a. participations in group companies with separate mention of the participations in group companies which are banking as defined in: Article 3 (2) ;
b. the other equity with separate mention of the holdings in banks as referred to in Article 3 (2) .
2 Distinct to the points in Article 1 (1) P. The group and the groups of holdings referred to in paragraph 1 shall indicate the securities, whether or not listed in a price-book of a stock exchange. Shares and other variable-yield securities shall also be distinguished according to whether or not they are defined as fixed assets, and shall include the measure of the award used for this purpose.
1 In the case of tangible fixed assets, separate items are listed separately in the land and buildings for their own use.
2 Unless the components of the remaining assets are of subordinate significance to the assets, they are explained by nature and extent.
1 Debt shall be entered separately:
a. The debts to banks as referred to in Article 3 (2) , as distinct from debt repayable and other debts;
b. the debts owed to customers, other than banks, as distinct from savings and other debts, and also to both groups, are distinguished according to the debt payable immediately and the other debts;
c. evidenced by the debt in debt instruments, distinguished by marketable debt instruments with fixed or interest-rate dependent interest and the other debt instruments;
d. the other debts, indicating the nature and extent of the debts which are of interest to the whole of the debts.
2 Under debts to banks or to customers is understood to be the price received by the bank in a sale of assets, if back delivery is negotiated at a certain price.
3 To the provisions of paragraph 1, a, b and C those categories of debt, shall be declared to be evidenced by debts evidenced by debt certificates to group companies and those to other legal persons and companies having a holding in the bank or in which the bank has an investee. This is
4 In the case of marketable debt instruments with fixed or interest-rate dependent interest, the amount to be due for the financial year following that on which the financial statements relate shall be indicated.
5 Of the debts subordinated to other debts, the breakdown referred to in paragraph 3, as well as the charges paid to those debts during the accounting year, shall be indicated. For each of the subordinated debt which is more than one-tenth of the amount of all subordinated debts, please specify:
a. amount, cash unit, interest rate and maturity, either determined or undetermined;
b. The terms of the subordination;
c. Any clauses that may result in early repayment or conversion into capital or other liabilities.
In the case of other subordinated debts, the conditions for which they are negotiated are generally communicated. They shall be split according to Article 3 (8) .
6 In the case of convertible loans, the conditions of conversion shall be communicated.
7 The debts not payable immediately to banks and those owed to customers, savings and debts embodied in the other debt instruments referred to in paragraph 1 (1), C , be split according to Article 3 (8) .
1 The contingent liabilities to be included off balance sheet are distinguished by contingent liabilities under
a. Disaccount changes;
b. Liabilities and collateral for the debts of others;
(c) irrevocable letters of interest and other contingent liabilities.
2 Non-irrevocable commitments to be included in off-balance-sheet items that may lead to credit risk shall be included in the non-exercised options for the resupply of assets sold by the bank.
3 Unless the categories of conditional debt set out in paragraphs 1 and 2 are commitments of subordinate significance to the whole of the debts, the nature and scope of each of the various categories of debt shall be explained.
To be awarded to the categories of debt specified in Article 6 (1) , and to the contingent liabilities referred to in Article 7 (1) It is indicated for which assets are linked, which assets are no longer available for free disposal, and the amount of such debt.
1 To the profit and loss account are separately recorded:
a. The income and expenses of ordinary business, the taxes thereon and the result from the ordinary business post-tax exercise;
b. the extraordinary benefits and charges, the taxes thereon, and the extraordinary post-tax result;
c. the other taxes;
d. post-tax returns.
2 The income and expenses of the ordinary business exercise shall be divided into:
a. Interest and varieties of interest, which have the character of interest, from the assets, referred to in Article 1 (1) (a), (b), (c), -on the one hand, and the interest charges and similar charges, which are the nature of interest, from the liabilities referred to in Article 1 (2), A and Ed On the other hand, the differences, Article 422 (2) and (3) of Book 2 of the Civil Code shall also be included in those items; interest shall be shown separately on interest from securities with a fixed interest rate or interest rate dependent on interest;
(b) income from securities, as distinct from income from non-fixed-income securities, equity participations in group companies and other equity holdings;
c. the commission received on the one hand and the commission paid on the other;
d. the result from financial transactions;
e. the other operating income;
f. personnel and other administrative costs;
g. the depreciation and impairment of intangible and tangible fixed assets;
h. the other operating costs;
i. the value reductions of the claims, referred to in Article 3 (1) , contingent liabilities included on off-balance-sheet items and irrevocable commitments on the one hand and the repayments of those statements, on the other hand,
(j) the value reductions of the securities of fixed assets referred to in Article 1 (1) (b), P. And 3 (3) and of the participations, as referred to in Article 3 (2) Article 4 , on the one hand, and the takeovers of such reservations.
3 Unless Article 420 (2) of Book 2 of the Civil Code shall be applied, or unless appropriate, on the whole of the value reductions provided for under I of the previous paragraph, the size of the impairon claims on the banks, customers, group companies and other legal persons and companies having a holding in the bank or in which the bank is held shall be shown has an investee.
4 Unless Article 420 (1) of Book 2 of the Civil Code shall be applied, or unless appropriate, on the whole of the value reductions provided for under J of the second paragraph, the size of the reductions in the value of the securities of the fixed assets, the holdings in group companies and the other holdings shall be indicated.
5 Unless the components of other operating income are otherwise of subordinate importance to the whole of the operating income or business premises, they shall be explained by nature and extent.
6 In exceptional income and expense, Article 377 paragraph 7 shall apply.
1 The result of financial operations includes:
a. The gain or loss of transactions in non-fixed asset securities and, where not the character of interest, in currency instruments and other financial instruments, including precious metals;
b. the value changes of the securities not included in the fixed assets, but related to trading book securities, as determined by: Article 420 (3) of Book 2 of the Civil Code .
2 In the case of personnel and other administrative costs, the following shall be reported separately:
a. wages and salaries;
b. the social security charges with a separate mention of the pension costs;
c. the other administrative costs.
1 Where the Bank's activities in the field of management and mediation are of interest to third parties at the whole of the business, this shall be stated. If the bank does not separately manage its own assets and liabilities on behalf of a third party, both the total amount of the assets and liabilities shall be shown as a split to the balance sheet items under which they are listed. Any separation of assets which the bank manages in his own name on behalf of another shall be indicated in the notes on the accounts.
2 The sum of the liabilities in the financial statements of the sum of the assets shall be indicated as the sum of the liabilities in the foreign currency unit.
3 The amount of the lease agreements, broken down according to the balance sheet items under which they occur, shall be indicated.
4 In respect of claims on banks and on customers, as well as on off-balance-sheet contingent liabilities, concentrations of credit risk shall be indicated, if they are of significance at the whole of the balance sheet. the claims on customers, banks and contingent liabilities were made.
5 The amount of securities given on loan or on loan shall be indicated in the notes on the accounts. The amount of securities received on loan or on loan shall also be indicated.
1 Of the forward transactions open at the balance sheet date shall be given an overview, according to the type of forward transaction. It shall also be disclosed whether a significant part of these transactions is made to cover risks and/or to a significant part of the trade.
2 The total of interest income, income from non-fixed-income securities and participating interests, commissions receivable, result from financial operations and other operating income shall be broken down by areas where the establishment is has significant differences from the banking business to area.
If the proposal of the Act laying down provisions for the annual accounts of banks, submitted by the Royal Message of 27 June 1991, is to become law and enter into force, this Decision shall enter into force at the same time. It shall apply to financial years beginning on or after 1 January 1993.
This decision may be cited as: Decision annual accounts of banks.
Burden and order that this Decision, together with a note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 10 May 1993
Beatrix
The Secretary of State for Justice,
A. Kosto
The Minister of Finance,
W. Kok
Published the 27th of May 1993The Minister of Justice,
E. M. H. Hirsch Ballin
