Act (2000:35) If Change Of Accounting Currency In Financial Enterprises

Original Language Title: Lag (2000:35) om byte av redovisningsvaluta i finansiella företag

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The scope of the law



section 1 of this Act contains provisions for financial companies

If the change of accounting currency pursuant to Chapter 4. section 6 of the accounting Act

(1999:1078). The law does not apply when a branch change currency

in their report in the case referred to in the fourth paragraph that

clause.



Definitions



2 §/expires U: 2016-03-01/

For the purposes of this law



1. insurance companies: insurance company, mutual

insurance companies and Insurance Association covered by

the insurance business Act (2010:2043)



2. credit institutions: banking companies, savings bank and Credit Union

as well as credit market undertaking according to Chapter 1. paragraph 5 of the 14 teams

(2004:297) on banking and finance law,



3. Financial Corporation: the undertakings referred to in 1 and 2, and



a) securities companies pursuant to Chapter 1. paragraph 5 of the 26 teams (2007:528)

If the securities market,



b) mutual fund company as referred to in Chapter 1. paragraph 1(1), 8 teams

(2004:46) about mutual funds,



c) listed under Chapter 1. 5 § 3 the securities market Act,



d) English clearing organisation pursuant to Chapter 1. 5 § 5 Act on

the securities market,



e) central securities depository according to Chapter 1. section 3 of the Act

(1998:1479) on the accounting of financial instruments, and



f) aifm authorised in accordance with Chapter 3. section 1 of the Act

(2013:561) on alternative investment funds,



4. Group: same as in Chapter 1. 11 and 12 of the

Swedish companies Act (2005:551), with what is said about

the parent company also apply to other legal persons other than

joint-stock company. Law (2014:978).



2 section/entry into force: 03/01/2016

For the purposes of this law 1. insurance companies: insurance company, mutual insurance companies and Insurance Association which are covered by the insurance business Act (2010:2043), 2. credit institutions: banking companies, savings bank and member banks and credit market companies as referred to in Chapter 1. 5 section 14 Act (2004:297) on banking and finance law, 3. financial companies: the companies referred to in 1 and 2, and a) securities companies pursuant to Chapter 1. paragraph 5 of the 26 teams (2007:528) securities market, b) mutual fund company as referred to in Chapter 1. paragraph 1(1), 8 teams (2004:46) about mutual funds, c) listed under Chapter 1. 5 § 3 the securities market Act, d) English clearing organisation pursuant to Chapter 1. 5 § 5 the securities market Act,



e) central securities depository according to Chapter 1. paragraph 3 of the law (1998:1479) on CSDs and the accounting of financial instruments, and



f) aifm authorised in accordance with Chapter 3. section 1 of the Act (2013:561) on alternative investment funds, 4. Group: same as in Chapter 1. 11 and 12 of the companies Act (2005:551), with what is said about the parent company also apply to other legal persons other than public limited liability companies. Law (2016:55).



paragraph 3 of the statutes referred to In



1. articles of Association of a limited liability company, an insurance company

or a mutual insurance company,



2. regulations in a savings bank or



3. statutes of a member bank, an insurance association or a

Economic Association. Law (2010:2065).



Special presentation



4 section a financial undertaking which intends to swap

accounting currency will draw up a specific statement of

the consequences of the change for the company and for the Group

and the group to which the company belongs to an insurance company

also explain the consequences of the change for

policyholders and other eligible because

of an insurance policy.



Of the statement shall indicate the risks associated

with a report in the new currency and the measures

been taken to manage these. It should also be clear about

the change is consistent with the provisions for the

the business.



A fund management company shall submit the statement to the financial supervisory authority

at the latest six months before the beginning of the first fiscal year

with accounting in the new currency. Law (2014:978).



paragraph 5, an amendment to the bylaws as entails a change of

accounting currency may be established or be approved only on a

statement referred to in paragraph 4(1) has been established.



Special rules for credit institutions and securities companies



section 6, if a credit institution or a securities company has changed

accounting currency, capital base, converted to the new

accounting currency, at least equal to the minimum

capital base prior to the change. The recalculation shall be made

According to the exchange rate as described in Chapter 2. section 6, second paragraph

annual accounts Act (1995:1554).



If a credit institution or a securities company have switched to

a currency that the company previously had their accounts, shall

However, the capital base is always at least equal to the minimum

capital base that was last applied on accounts in that currency.



paragraph 7 of a credit institution or a securities company, which has

switched to accounting in euros, at the beginning of the first

fiscal year with accounting in the new currency have a bound

equity equal to at least the amount of capital required to

begin the activity.



/Rubriken expires U: 2016-01-01/

Specific rules for insurance companies



section 8/expire U:2016-01-01 by law (2015:716)./

An insurance company that has changed the accounting currency,

for the purposes of calculating insurance premium index or indices of injury under Chapter 7. 8

and 9 of the insurance business Act (2010:2043) recalculate the amount

and expenses determined in the previous accounting currency

the new currency. The conversion shall be made at the exchange rate

described in Chapter 2. the second subparagraph of paragraph 6 of the annual accounts Act

(1995:1554). If the corresponding course at the moment of calculation gives

a higher solvency margin, rather than the exchange rate used.



The financial supervision authority may allow an insurance company, at

calculation of insurance premium index or damage index, instead of what

by way of derogation from the first subparagraph, the figure on the amounts and costs

to the new accounting currency according to the same principles as

the company may use in the annual report. Law (2010:2065).



Appropriations



§ 9/entry into force: 01/01/2016

The Government or the authority that the Government may

provide for



1. what a statement under paragraph 4 shall contain and



2. calculation of insurance premium index or injury index in

the insurance company has a permit under section 8, other

paragraph. Law (2010:2065).



§ 9/entry into force: 01/01/2016

The Government or the authority that the Government may provide for what a statement under paragraph 4 will contain. Law (2015:716).



Appeal



paragraph 10 of the decision of the financial supervisory authority according to section 8 of the second paragraph,

be appealed to the administrative court. Leave to appeal

required for an appeal to the administrative law.



Transitional provisions



2004:67



1. this law shall enter into force on 1 april 2004.



2. By way of derogation from paragraph 2 of the 4 b If the Fund management company shall also apply to such

fund companies by virtue of section 3 of the Act (2004:47) for the inclusion of

Act (2004:46) if investment funds operate under

the law (1990:1114) of mutual funds.

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