Regulation (2009:93) With Instruction For The Swedish Financial Supervisory Authority

Original Language Title: Förordning (2009:93) med instruktion för Finansinspektionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:93

Data



section 1 of the financial supervision authority is responsible for



1. oversight, legislation and the granting of permits which

financial markets and financial institutions,



2. the coordinating body for supervision under the Ordinance

(2009:92) on measures against money laundering and the financing of

terrorism, and



3. to take measures to counter financial imbalances

in order to stabilize the credit markets, but with regard to the

the impact on economic development.

Regulation (2013:1111).



2 § the museums shall, within the framework of their own decisions about

resource allocation and planning work for the use of the financial

System



– is stable and is characterised by a high level with well

functioning markets that cater to household and

the needs of financial services, and



-provides a high level of protection for consumers.



The authority shall in particular ensure that monitor and analyse

developments in the area of responsibility. If the agency determines that

instability in the financial sector is likely to negatively affect

the functioning of the Swedish financial system,

the Government informed.



The authority shall ensure that the rules and routines that

authority is disposes of is cost effective and simple

for citizens and businesses to understand and comply with.

Regulation (2013:144).



3 §/expires U: 2016-04-01/

The authority shall



1. assist the Government with observations and investigations;



2. in a special report to the Government no later than 15 april

each year account fee and cost recovery for

fees under the Ordinance (2001:911) If fees for

consideration of matters of Finance inspection and regulation

(2007:1135) if the annual fees for the financing of

FSA's activities,



3. in special reports to the Government no later than 15 april

and at the latest by 1 October each year present proposals to

changes in the provisions of the regulation on the fees for

consideration of matters of Finance inspection and regulation

If the annual fees for the financing of financial supervision

activities that should be undertaken on the occasion of made or

upcoming changes in the regulatory framework of the Agency's

area of responsibility,



4. in a special report to the Government no later than 15 may

each year account for the Authority's experience

supervisory work relating to consumer protection, provide an assessment

the risks for consumers within the financial sector,

Please indicate the measures taken or could be taken

to strengthen consumer protection and the need for

the development of rules in this field,



5. in special reports to the Government no later than 20 June

and 15 december each year to account for the Authority's analysis

and assessment of financial stability, the measures

taken and can be taken to prevent

financial imbalances, the impact on

the economy and the need for the development of rules on

area, and



6. appoint the members and alternates of the Board of War insurance

a fixed period, of whom one shall be appointed Chairman

and a vice Chairman.



The Agency also has duties under section 22, first paragraph

the nuclear liability Act (1968:45), Ordinance (2001:100) if

the official statistics and the Regulation (2006:942) on

emergency management and preparedness. Regulation (2013:1112).



3 section/entry into force: 04/01/2016

The authority shall



1. assist the Government with observations and investigations;



2. in a special report to the Government by 15 april each year account for outcomes and cost recovery fees for charges under the Regulation (2001:911) if the fees for the examination of cases of the FSA and Ordinance (2007:1135) if the annual fees for the financing of activities, the financial supervisory authority



3. in special reports to the Government by 15 april and 1 October of each year at the latest, present proposals for changes to the provisions of the regulation on the fees for the examination of cases of the FSA and the regulation on annual fees for the financing of the FSA's activities should be carried out on the occasion of made or future changes in the regulatory framework of the Agency's area of responsibility,



4. in a special report to the Government no later than 15 may each year to account for the Authority's supervisory experience regarding consumer protection, provide an assessment of the risks for the consumers in the financial field, specify the measures taken or could be taken to strengthen consumer protection and explain the need for the development of rules in this field,



5. in special reports to the Government no later than 20 June and 15 december of each year to account for the Authority's analysis and assessment of financial stability, the measures taken and may be taken to combat the financial imbalances, the impact on the economy and the need for the development of rules in this area, and



6. appoint the members and alternates of the Board of War insurance for a fixed period, of whom one shall be appointed Chairman and a vice Chairman.



The Authority also information under paragraph 22 the nuclear liability Act (1968:45), Ordinance (2001:100) on the official statistics, Regulation (2015:1052) concerning emergency preparedness and surveillance measures by the authorities responsible at preparedness and Regulation (2015:1053) of total defense and preparedness. Regulation (2015:1066).



4 § the museums shall carry out the tasks that should be handled by

competent authority in accordance with



1. European Parliament and Council Regulation (EC) No 2006/2004

of 27 October 2004 on cooperation between national

authorities responsible for

consumer protection legislation, in regard to compliance with

such rules as the Agency has oversight over,



2. European Parliament and Council Regulation (EC) no 345/2013

of 17 april 2013 on European venture capital funds,



3. European Parliament and Council Regulation (EU) no 346/2013

of 17 april 2013 on European social funds

entrepreneurship, and



4. European Parliament and Council Regulation (EC) no 909/2014

of 23 July 2014 on improving securities settlement in

The European Union and of central securities depositories, as well as changes in

Directive 98/26/EC and 2014/65/EC and Regulation (EC) no

236/2012. Regulation (2014:1325).



4 a of where the authority to fulfil the duties under section 2 of the Act

(2010:1010) on credit rating agencies, section 2 of the Act (2012:735)

with additional provisions applicable to EU

short selling regulation or section 2 of the Act (2013:287)

supplementary provisions of the EU regulation on

OTC derivatives, central counterparties and trade repositories,

the conclusion of such international treaties as follows

of the respective EU regulation and which do not require parliamentary

or Utrikesnämndens. Regulation (2013:598).



§ 4 b/entry into force: 01/01/2016

The financial supervision authority may conclude such international

agreements resulting from the European Parliament and of the Council

Directive 2009/138/EC of 25 november 2009 on the taking-up

and pursuit of the business of insurance and reinsurance

(Solvency II), in the wording pursuant to European Parliament and Council

Directive 2004/51/EC. However, this does not apply if

the agreement requires parliamentary or Utrikesnämndens

participation. Regulation (2015:706).



4 c section/entry into force: 2016-02-01/

The financial supervision authority may conclude such international

the agreements provided for in articles 8(2), 8(5), 20.5,

30(4), 59(3), (b) and (c) 61.4 62.8 in European Parliament and Council

Directive 2004/59/EU of 15 may 2014 establishing a

framework for the resolution of credit institutions and

investment firms and amending Council directive

82/891/EEC and European Parliament and Council directive

2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC,

2011/35/EU, 2012/2013/30/EU 36/EU of the European Parliament

and Council Regulation (EU) no 1093/2010 and (EU)

648/2012, in the original wording. However, this does not

If the agreement requires parliamentary or Utrikesnämndens

participation. Regulation (2015:1041).



5 § the museums shall



1. within its area of responsibility to participate actively in the cooperation within the

The European Union in the context of the European

system of financial supervision referred to in paragraph 5 and collaborate

with foreign authorities that have access to the

supervision of financial markets and financial organizations

and in this context contribute to regulatory oversight should be coordinated,



2. consider measures that can affect the authority takes

the stability of the financial systems of other countries in the

The European economic area,



3. within its area of responsibility to actively participate in the activities of the

global standard setting bodies, and



4. inform the European systemic risk Board on the measures

that authority is taking to counter the financial

imbalances. Regulation (2013:1111).



5 a of the financial supervision authority is part of the European system of

financial supervision referred to in the European Parliament and of the Council

Regulation (EU) no 1092/2010 of 24 March 2010

macro-prudential oversight of the financial system at EU level and, if

the establishment of a European systemic risk Board, the European Parliament's

and Council Regulation (EC) no 1093/2010 of 24 March 2010

establishing the European banking authority, the European Parliament's

and Council Regulation (EU) no 1094/2010 of 24 March 2010

establishing the European insurance and

occupational pensions authority, the European Parliament and of the Council

Regulation (EC) No 1095/2010 of 24 March 2010


the establishment of the European Securities and markets authority.

Regulation (2011:1609).



5 b/expires U: 2016-03-01/

The authority shall have effective and reliable drivers

to encourage reporting and to receive reports

of infringements of rules governing the operations

in such credit institutions and securities companies as set out in

Act (2004:297) on banking and finance law and

in law (2007:528) securities market. The Authority's

procedures shall be drawn up in accordance with article 71(1) and 71(2) (a)

European Parliament and Council Directive EU of 26

June 2013 if access to the activity of credit institutions

and the prudential supervision of credit institutions and investment firms, if

Amendment of Directive 2002/87/EC and repealing Directive

2006/48/EC and 2006/49/EC. Regulation (2014:998).



5 b/entry into force: 03/01/2016

The authority shall have effective and reliable procedures to encourage reporting and to receive reports of violations of the provisions applicable to the activities of



1. credit institutions and securities companies as set out in the Act (2004:297) on banking and finance law and in law (2007:528) on the securities market, and



2. the Swedish central securities depositories and account operator as specified in the law (1998:1479) on CSDs and the accounting of financial instruments.



The Agency's procedures for the activities referred to in the first subparagraph 1 shall be drawn up in accordance with article 71(1) and 71(2) a of the European Parliament and Council directive of 26 June on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directive 2006/48/EC and 2006/49/EC , in wording pursuant to European Parliament and Council Directive 2004/59/EU.



The Agency's procedures for the activities referred to in the first subparagraph 2 shall be drawn up in accordance with article 65(1) and 65(2) (a) of Regulation (EC) no 909/2014 of 23 July 2014 on improving securities settlement in the European Union and of central securities depositories and amending Directive 98/26/EC and 2014/65/EC and Regulation (EU) no 236/2012, in the original wording. Regulation (2016:78).



Collaboration



6 §/expires U: 2016-04-01/

The authority shall interact with the Riksbank and the authority

civil contingencies Agency on matters relating to the

crisis preparedness under the Regulation (2006:942) on

war readiness and preparedness. Regulation (2010:278).



6 §/entry into force: 04/01/2016

The authority shall interact with the Riksbank and the Swedish civil contingencies Agency on issues related to crisis management under the Regulation (2015:1052) concerning emergency preparedness and surveillance measures by the authorities responsible for preparedness. Regulation (2015:1066).



Consultation



7 § the museums shall consult with



1. the national financial management authority and representatives of interested

professional organizations in questions about the fees authority

take out or intend to withdraw,



2. Consumer Agency operating in matters where

authorities have a common supervisory responsibilities,



3. the Riksbank in more important matters relating to the

payment system stability or affecting the Riksbank's

responsible for monetary and credit policy and for

payment system, and



4. The Swedish national debt Office on issues of importance to

the deposit guarantee scheme according to the SFS 2009:93 Act (1995:1571) if

deposit guarantee and investor protection under the law for

(1999:158) on investor protection.



At the consultation in accordance with the first paragraph, the financial supervisory authority leave

the relevant authorities the information required.



Management



section 8 Authority is headed by a Board of Directors.



§ 9 the Board shall consist of not more than ten members.



Organization



10 § Authority grants the premises and perform administrative

data for the Accounting Board in accordance with the agreement between the

authorities.



section 11 authority carries out administrative and supervisory

tasks for War Insurance Board.



Positions and assignments



section 12 of the Government appoints the Deputy Chairman of the Agency's

the Board of Directors.



section 13 the Director General is the head of Government.



Ancillary activities, etc.



section 14 of The who is a Director or employee of

the authority may not own or someone else's behalf

drive or be part of a company that runs activities that are

licensing, registration or notifiable in

authority or the corresponding authority in another country.

The Member or the staff member must not be employed

or undertake assignments for such companies.



The members of the Board of Directors and employees that the Board of Directors

determines may not without permission have loans from companies

under the supervision of the Agency. Authorization of

the Government in the case of the Chairman and of the Chairman in question

If other members of the Board including the head of

as well as by the authority in other cases.



Staff disciplinary board



section 15 at the Agency, there shall be a staff disciplinary board.



Applicability of certain regulations



16 § the museums shall apply the staff representatives Ordinance

(1987:1101) and internal audit regulation (2006:1228).



The right to provide



section 17 of the Authority may provide in respect of

deviations and decide on the case by case derogation provided

in section 11 of the Act (1998:710) with certain provisions of

The pension Agency's pension business.

Regulation (2009:1201).



Transitional provisions



2009:93



1. This Regulation shall enter into force on 15 March 2009, when

Ordinance (2007:841) with instruction for

The financial supervision authority shall be repealed.



2. Instead of section 16 of this regulation, the older

provisions of section 14 of the repealed Ordinance (2007:841)

instruction for the FSA applied by

The Swedish financial supervisory authority before 1 January 2009.