2000-12-04
The French Banking Commission issued Instruction No. 2000-12 to amend accounting rules for credit institutions and investment firms regarding the classification and valuation of treasury shares and portfolio securities. The regulation introduces new account codes and reporting lines to distinguish between long-term holdings, portfolio securities, and participation titles, aligning with recent accounting standard reforms. It mandates specific valuation methods for treasury shares based on their purpose, such as cancellation, employee benefit attribution, or market stabilization, effective January 1, 2001.
amending Instruction No. 94-09 of October 17, 1994, regarding the accounting treatment of treasury shares and variable-income securities held by firms under the Banking and Financial Regulation Committee
The Banking Commission,
Having regard to Law No. 84-46 of January 24, 1984, as amended, relating to the activity and supervision of credit institutions, particularly Article 40;
Having regard to Law No. 96-597 of July 2, 1996, as amended, on the modernization of financial activities;
Having regard to Law No. 98-261 of April 6, 1998, reforming accounting regulation and adapting the real estate publicity regime, and Decree No. 98-939 of October 14, 1998, relating to the Accounting Regulation Committee, issued for its application;
Having regard to Regulation No. 88-01 of February 22, 1988, of the Banking and Financial Regulation Committee relating to liquidity, as amended by Regulations No. 90-02 of February 23, 1990, No. 90-04 of February 23, 1990, No. 92-06 of July 17, 1992, No. 94-03 of December 8, 1994, No. 96-10 of May 24, 1996, No. 98-03 of December 7, 1998, and No. 98-08 of December 7, 1998;
Having regard to Regulation No. 90-01 of February 23, 1990, of the Banking Regulation Committee relating to the accounting of securities transactions, as amended by Regulation No. 95-04 of July 21, 1995, and by Regulation No. 00-02 of July 4, 2000, of the Accounting Regulation Committee;
Having regard to Regulation No. 90-02 of February 23, 1990, of the Banking Regulation Committee relating to own funds, as amended by Regulations No. 91-05 of February 15, 1991, No. 92-02 of January 27, 1992, No. 93-07 of December 21, 1993, No. 94-03 of December 8, 1994, and No. 98-03 of December 7, 1998;
Having regard to Regulation No. 97-03 of the Banking and Financial Regulation Committee relating to the preparation and publication of accounts of investment firms other than portfolio management companies;
Having regard to Regulation No. 00-02 of July 4, 2000, of the Accounting Regulation Committee relating to the accounting of treasury shares, and the valuation and accounting of variable-income securities held by firms under the Banking and Financial Regulation Committee;
Having regard to Instruction No. 94-07 of March 14, 1994, relating to the accounting of securities transactions;
Having regard to Instruction No. 94-09, as amended, of October 17, 1994, relating to documents submitted to the Banking Commission;
Having regard to Instruction No. 97-04 of June 19, 1997, relating to the transmission by firms of their annual accounts, periodic documents, and various information, as amended by Instructions No. 98-04 of April 10, 1998, No. 98-06 of May 7, 1998, No. 99-03 of June 22, 1999, and No. 99-04 of July 19, 1999;
Having regard to Instruction No. 99-03 of June 22, 1999, relating to the electronic transmission of documents to the Banking Commission;
The title of item X5A "Income on subordinated loans, stakes in affiliated companies, participation securities, and portfolio activity securities" of the income statement - forms 4080 or 4180 - is replaced by the title "Income on subordinated loans, stakes in affiliated companies, participation securities, and other financial fixed assets".
Sheet 1 of the income statements - forms 4080 and 4180 - is supplemented by item T0V titled "Charges on portfolio activity securities" and by item V8M titled "Provisions for depreciation of portfolio activity securities". The aforementioned item T0V contains two sub-items T0W "Acquisition costs" and T0X "Capital losses".
Sheet 2 of the income statements - forms 4080 and 4180 - is supplemented by item X0V titled "Income on portfolio activity securities" and by item Z8M titled "Reversal of provisions for depreciation of portfolio activity securities". The aforementioned item X0V contains two sub-items X0W "Dividends and similar income" and X0X "Capital gains".
"Other long-term securities as well as participation securities and stakes in affiliated companies mentioned in Article 9 bis of the aforementioned Regulation No. 90-01, are recorded in line F10 of the balance sheet - form 4000 or 4100 - titled 'Stakes in affiliated companies, participation securities, and other financial fixed assets'.
The disposal results of other long-term securities as well as participation securities and stakes in affiliated companies are recorded, according to their nature, on lines Z4R or V6N of the income statement - forms 4080 or 4180 - titled respectively 'Capital gains on financial fixed assets' and 'Capital losses on financial fixed assets'.
Dividends and similar income of other long-term securities as well as participation securities and stakes in affiliated companies are notably recorded on line X5K 'Dividends and similar income'."
"1.5 Portfolio activity securities defined in the first paragraph of Article 9 bis of the aforementioned Regulation 90-01, are included in line C3B titled 'Portfolio activity securities' of the territorial balance sheet - forms 4000 or 4100-. They notably include variable-income securities held by financial companies whose main purpose is to provide permanent resources to companies as part of their venture capital activity.
The disposal results of portfolio activity securities are recorded, according to their nature, on lines X0X or T0X of the income statement - forms 4080 or 4180 - titled respectively 'Capital gains' and 'Capital losses'.
Dividends and similar income of portfolio activity securities are recorded on line X0W 'Dividends and similar income'."
The disposal results of other long-term securities as well as participation securities and stakes in affiliated companies are recorded, according to their nature, on lines 700 or 800 of the income statements - forms SB15, SB25, or SB35 - titled respectively "Income from disposal of participation and subsidiary securities" and "Carrying value of participation and subsidiary securities disposed".
Dividends and similar income of other long-term securities as well as participation securities and stakes in affiliated companies are recorded on line 480 "Income from portfolio of participation and subsidiary securities" of the income statements - forms SB15, SB25, or SB35.
The disposal results of portfolio activity securities are recorded, according to their nature, on lines 500 or 450 of the income statements - forms SB15, SB25, or SB35 - titled respectively "Net income on disposal of Treasury Bills, negotiable debt securities, or marketable securities" and "Net charges on disposal of Treasury Bills, negotiable debt securities, or marketable securities".
Dividends and similar income of portfolio activity securities are recorded on line 470 "Income from portfolio of marketable securities" of the income statements - forms SB15, SB25, or SB35.
"17.4. Share buybacks
Treasury shares are recorded as follows when held by a credit institution or an investment firm subject to the same accounting valuation and account preparation rules:
The bought-back shares appear in line C2A 'Trading securities' of the balance sheet - forms 4000 or 4100 - and are valued at each accounting closing, according to the rules applicable to this portfolio.
The disposal results of these treasury shares are recorded, according to their nature, on lines X0E or T0E of the income statement - forms 4080 or 4180 - titled respectively 'Gains on trading securities' and 'Losses on trading securities'.
The bought-back shares appear in line C3A 'Investment securities' of the balance sheet - forms 4000 or 4100 - and are valued at each accounting closing, according to the rules applicable to this portfolio. At the accounting closing and until the option is exercised, the difference between the acquisition price and the exercise price of the option is subject, if necessary, to a provision for depreciation.
Upon exercise of the option, the difference between the disposal price and the buyback price is recorded, according to their nature, on lines X0R or T0R of the income statement - forms 4080 or 4180 - titled respectively 'Capital gains' and 'Capital losses' on investment securities.
The bought-back shares appear in line F10 'Stakes in affiliated companies, participation securities, and other financial fixed assets' of the balance sheet - forms 4000 or 4100 - among fixed assets. They are not subject to any depreciation and remain valued at their acquisition cost until their cancellation date.
The bought-back shares appear in line F10 'Stakes in affiliated companies, participation securities, and other financial fixed assets' of the balance sheet - forms 4000 or 4100 - among fixed assets. They are valued at the lower of their fair value (represented by their market value) and their acquisition price.
The disposal results of these treasury shares are recorded, according to their nature, on lines Z4R or V6N of the income statement - forms 4080 or 4180 - titled respectively 'Capital gains on financial fixed assets' and 'Capital losses on financial fixed assets'.
Done in Paris, December 4, 2000
The President of the Banking Commission,
Hervé HANNOUN
3032 Investments made regularly with the sole objective of realizing a capital gain in the medium term, without intention to invest durably in the development of the issuer's business operations, nor to participate actively in its operational management, fall under portfolio activity. Securities can only be allocated to this portfolio if this activity, exercised in a significant and permanent manner within a structured framework, provides the institution with recurring profitability, primarily from realized capital gains.
This category notably includes variable-income securities held by financial companies whose main purpose is to provide permanent resources to companies as part of their venture capital activity.
Participation securities are, in accordance with Article 9 bis of Regulation No. 90-01, securities the long-term possession of which is deemed useful to the company's activity, notably because it allows exercising influence over the issuer company, or ensuring its control, but without consolidating them globally.
In this context, these are notably securities meeting the following criteria:
The initiative to classify is left to the judgment of the credit institution. The General Secretariat of the Banking Commission reserves, however, the right, after examination of exceptional cases, to require the recording, in this account, of securities that do not meet the conditions listed above.
Treasury shares are recorded and valued in accordance with the provisions of Regulation No. 90-01, Article 20 of the Banking Regulation Committee. Treasury shares intended to be cancelled are not subject to any depreciation and remain valued at their acquisition cost until their cancellation date. Treasury shares classified in 4132 other than those mentioned in the previous paragraph are valued at the lower of their fair value (represented by their market value) and their acquisition price.
Investment securities are considered financial fixed assets in accordance with Article 35.2 of European Council Directive No. 86/655. However, these securities are recorded in account 304 and must comply with the rules set out in CRB Regulation No. 90-01 of February 23, 1990, and Banking Commission Instruction No. 97-04 of March 14, 1994.
6462 This account is used by institutions to record capital losses on stakes in affiliated companies, participation securities, and other financial fixed assets.
Capital losses on investment securities are also recorded in this account when the disposal is carried out before maturity, under the circumstances provided for in CRB Regulation No. 90-01 of February 23, 1990, relating to the accounting of securities transactions.