Instruction No. 2009-02 of June 19, 2009 Repealing or Modifying Several Instructions of the Banking Commission

Official Bulletin of CECEI and the Banking Commission • No. 16 • June 2009 108 Instruction No. 2009-02 of June 19, 2009 Repealing or Modifying Several Instructions of the Banking Commission

The Banking Commission, Having regard to the Monetary and Financial Code, particularly Article L. 613-8; Having regard to Instruction No. 93-01 of January 29, 1993, as amended, regarding the submission to the Banking Commission by credit institutions and financial companies of their annual accounts, prudential documents, and various information; Having regard to Instruction No. 94-04 of March 14, 1994, as amended, regarding the accounting treatment of interest rate financial derivative transactions; Having regard to Instruction No. 94-05 of March 14, 1994, regarding the accounting treatment of foreign currency transactions; Having regard to Instruction No. 94-06 of March 14, 1994, as amended, regarding the accounting treatment of asset transfer or securitization transactions; Having regard to Instruction No. 94-07 of March 14, 1994, as amended, regarding the accounting treatment of securities transactions; Having regard to Instruction No. 94-08 of March 14, 1994, regarding the accounting treatment of transactions related to popular savings plans; Having regard to Instruction No. 98-05 of April 10, 1998, regarding the accounting treatment of prior assignment as collateral of private receivables and receivables representing rents from credit-leasing operations eligible for refinancing by the Bank of France; Having regard to Instruction No. 2000-07 of September 4, 2000, as amended, regarding the monitoring of large exposures and gross risks; Having regard to Instruction No. 2000-09 of October 18, 2000, as amended, regarding information on the anti-money laundering and terrorist financing prevention framework; Having regard to Instruction No. 2005-04 of November 21, 2005, regarding the supplementary supervision of financial conglomerates; Having regard to Instruction No. 2007-01 of January 18, 2007, as amended, regarding the electronic signature of certain documents transmitted electronically to the Banking Commission; Having regard to Instruction No. 2008-04 of April 30, 2008, regarding the ring-fencing of funds from the customer base of investment firms;

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Decides:

Article 1 The following instructions are repealed: – Instruction No. 77-01A regarding the implementation of a new accounting regulation; – Instruction No. 78-03A regarding the implementation of provisions concerning annual documents and provisional income statements; – Instruction No. 81-01A regarding the accounting treatment of buyers' credits; – Instruction No. 82-01A regarding the accounting treatment of signature commitments; – Instruction No. 82-02A regarding the accounting treatment of deposits on popular savings accounts (LEP); – Instruction No. 83-02A regarding the accounting treatment of Industrial Development Accounts (CODEVI); – Instruction No. 85-02 regarding the statement "Elements for calculating the coefficient for the distribution of non-rediscounted medium and long-term credits and the coefficient for the utilization of stable resources of financial companies"; – Instruction No. 85-06 regarding the statement of installment sale commitments by credit institutions other than financial companies; – Instruction No. 86-03 regarding the liquidity of funds received from their customer base by the institutions referred to in Article 99 of the Law of January 24, 1984; – Instruction No. 86-11 regarding the list of bodies authorized by the State to provide guarantees accepted in deduction of risks for calculating coverage and risk division ratios; – Instruction No. 87-03 regarding the equity capital and permanent resources coefficient; – Instruction No. 90-05 modifying the format of accounting documents transmitted by credit institutions and securities firms to the Banking Commission; – Instruction No. 93-02 regarding the determination of discount rates to be taken into account for calculations related to the valuation of interest rate or currency swap contracts; – Instruction No. 94-G regarding the census of country risks held by credit institutions; – Instruction No. 95-04 regarding the 0% loan ministry of housing; – Instruction No. 96-03 regarding youth savings accounts and transactions on CODEVI funds; – Instruction No. 97-01 regarding documents intended for the Banking Commission in phase 3 of the Economic and Monetary Union, modifying Instruction No. 94-09 regarding documents intended for the Banking Commission; – Instruction No. 98-04 regarding documents submitted by investment firms in phase 3 of the Economic and Monetary Union, modifying Instruction No. 97-04 regarding the transmission by investment firms of their annual accounts, periodic documents, and various information; – Instruction No. 99-01 modifying Instruction No. 94-09 regarding documents intended for the Banking Commission; – Instruction No. 99-04 regarding the monitoring framework for investment firms; – Instruction No. 99-13 regarding the report on the Year 2000 transition incident; – Instruction No. 2000-01 regarding the computerization of the prudential consolidation perimeter; – Instruction No. 2001-01 of May 2, 2001 regarding international commitments; – Instruction No. 2001-02 of May 2, 2001 regarding banking establishments abroad; – Instruction No. 2004-06 regarding the submission of accounting and prudential documents for investment firms and financial companies;

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– Instruction No. 2005-01 regarding the application of prudential regulatory modifications following the entry into application of IAS/IFRS accounting standards; – Instruction No. 2006-01 regarding the application of prudential regulatory modifications following the entry into force of the amendment to IAS 39 standard regarding the fair value option.

Article 2 The following instructions are amended in accordance with the table in the annex: – Instruction No. 93-01 of January 29, 1993, as amended, regarding the submission to the Banking Commission by credit institutions and financial companies of their annual accounts, prudential documents, and various information; – Instruction No. 94-04 of March 14, 1994, as amended, regarding the accounting treatment of interest rate financial derivative transactions; – Instruction No. 94-05 of March 14, 1994, regarding the accounting treatment of foreign currency transactions; – Instruction No. 94-06 of March 14, 1994, as amended, regarding the accounting treatment of asset transfer or securitization transactions; – Instruction No. 94-07 of March 14, 1994, as amended, regarding the accounting treatment of securities transactions; – Instruction No. 94-08 regarding the accounting treatment of transactions related to popular savings plans; – Instruction No. 98-05 of April 10, 1998, regarding the accounting treatment of prior assignment as collateral of private receivables and receivables representing rents from credit-leasing operations eligible for refinancing by the Bank of France; – Instruction No. 2000-07 of September 4, 2000, as amended, regarding the monitoring of large exposures and gross risks; – Instruction No. 2000-09, as amended, regarding information on the anti-money laundering and terrorist financing prevention framework; – Instruction No. 2005-04 of November 21, 2005, as amended, regarding the supplementary supervision of financial conglomerates; – Instruction No. 2007-01 of January 18, 2007, as amended, regarding the electronic signature of certain documents transmitted electronically to the Banking Commission; – Instruction No. 2008-04 of April 30, 2008, regarding the ring-fencing of funds from the customer base of investment firms.

Article 3 This instruction shall enter into force on June 30, 2010.

Paris, June 19, 2009 The President of the Banking Commission, Jean-Paul REDOUIN

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Annex to Instruction No. 2009-02 Table of Amendments

Instruction No. 93-01 is amended as follows:

Article	Modified Text	New Text
Art. 2, paragraph 1	"Subject institutions shall send to the General Secretariat of the Banking Commission, no later than 10 days after the holding of the meeting voting on the annual accounts, which must in any case take place before May 31, a publishable balance sheet –mod. 4200– and a publishable income statement –mod. 4290– by electronic transmission (words deleted by Instruction No. 2007-03 of March 26, 2007)." (Instruction No. 2003-02 of May 20, 2003)	Paragraph deleted
Art. 2, paragraph 2	"also"	Word deleted
Art. 3, paragraphs 1 and 2	"Subject institutions and financial companies referred to in Article L. 517-1 of the Monetary and Financial Code "other than those subject to IFRS standards" (Instruction No. 2005-02 of May 31, 2005) shall send to the General Secretariat of the Banking Commission, no later than June 15, a publishable consolidated balance sheet –mod. 4990– and a publishable consolidated income statement –mod. 4999–, by electronic transmission (words deleted by Instruction 2007-03 of March 26, 2007)." (Instruction No. 2003-02 of May 20, 2003)	"Subject institutions and financial companies subject to IFRS standards, except those subject to prudential supervision on a sub-consolidated basis in the absence of any accounting obligation in this regard, shall send to the General Secretariat of the Banking Commission, "the December 31 closing" (Instruction No. 2006-04 of June 28, 2006), a publishable consolidated balance sheet –mod. 4990i– including an off-balance sheet, and a publishable consolidated income statement –mod. 4999i– by electronic transmission (words deleted by Instruction No. 2007-03 of March 26, 2007). These statements (words deleted by Instruction No. 2007-03 of March 26, 2007) must be sent "no later than June 15 following the closing date" (Instruction No. 2006-04 of June 28, 2006)." (Instruction No. 2006-03 of June 6, 2006)
Art. 3, paragraph 3	"also"	Word deleted
Art. 4	"Branches in France of a credit institution or investment firm whose registered office is abroad shall send to the General Secretariat of the Banking Commission the publishable (balance sheet, income statement, notes) individual and, where applicable, consolidated accounts of the institution to which they belong." (Instruction No. 2002-02 of March 28, 2002)	These documents may be prepared in the formats customary in the country of the registered office and denominated in the legal tender currency of that country. However, a certified true translation into French must be published and sent to the General Secretariat of the Banking Commission.<br><br>In addition, branches in France of a "credit institution or investment firm" (Instruction No. 2002-02 of March 28, 2002) whose registered office is located in "a State that is not a party to the European Economic Area Agreement" (Instruction No. 95-02, Article 3) shall send to the General Secretariat of the Banking Commission "a publishable balance sheet –mod. 4200–, a publishable income statement –mod. 4290– and the notes under conditions analogous to those provided for in Article 2" (Instruction No. 2003-02 of May 20, 2003) of this instruction, unless the branch has its seat in a State benefiting from a regime analogous to that "of member countries of the European Union or parties to the European Economic Area Agreement" (Instruction No. 95-02, Article 3) and with the agreement of the Banking Commission.

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Article	Modified Text	New Text
Art. 6	"– mod. 4080– and where applicable –mod. 4180–"	"CPTE_RESU"
Art. 7	"Subject institutions other than those subject to IFRS standards, whether subject to prudential supervision on a consolidated or sub-consolidated basis under the respective provisions of Articles 2 and 5 of Regulation No. 2000-03 of the Banking and Financial Regulation Committee, and financial companies referred to in Article 3 of the aforementioned Regulation No. 2000-03 other than those subject to IFRS standards, shall send to the General Secretariat of the Banking Commission, a consolidated balance sheet –mod. 4900– and a consolidated income statement –mod. 4980– twice a year based on figures closed on June 30 before September 30 and on December 31 before March 31, prepared in accordance with the provisions of the aforementioned Regulation No. 2000-03 and whose formats are in Annex 3 to this instruction."	"Subject institutions other than those subject to IFRS standards, whether subject to prudential supervision on a consolidated or sub-consolidated basis under the respective provisions of Articles 2 and 5 of Regulation No. 2000-03 of the Banking and Financial Regulation Committee, and financial companies referred to in Article 3 of the aforementioned Regulation No. 2000-03 other than those subject to IFRS standards, shall send to the General Secretariat of the Banking Commission, a consolidated balance sheet "BILA_CONS" and a consolidated income statement "RESU_CONS" twice a year based on figures closed on June 30 before September 30 and on December 31 before March 31, prepared in accordance with the provisions of the aforementioned Regulation No. 2000-03"

The aforementioned Instruction No. 94-04 is amended as follows:

Article	Modified Text	New Text
Article 4	"Premiums relating to the purchase and sale of interest rate option contracts shall be recorded in accounts 3111 or 3121 "Interest rate conditional instruments" and shall be listed respectively on lines E50 and J70 of the statement –mod. 4000 or 4100–."	"Premiums relating to the purchase and sale of interest rate option contracts shall respectively be included in the elements "Purchased conditional instruments" and "Sold conditional instruments""
Art. 5, paragraph 1	"the income statement –mod. 4080 or 4180– on lines V0C or Z0C titled respectively"	"in the table CPTE_RESU respectively in the elements"
Art. 5, paragraph 2	"the statement –mod. 4081–"	"in the table RESU_IFT_"
Art. 5, paragraph 3	"to accounts 60741 or 70741"	"in the elements of charges or income on interest rate instruments"
Art. 5, paragraph 3	"to accounts 3111 or 3121"	"in the elements "Purchased interest rate conditional instruments" or "Sold interest rate conditional instruments""
Art. 6, paragraph 1	"waiting sub-account of the series of deferral accounts 384"	"an element attached to the element "deferral account" named "Potential losses or gains on hedging contracts for unsettled financial derivative instruments""
Art. 6, paragraph 2	"deferral account 385 "Losses or gains to be spread over hedging contracts for settled financial derivative instruments""	"the element "Losses or gains to be spread over hedging contracts for settled financial derivative instruments" attached to the element "deferral account""
Art. 6, paragraph 4	"384 and 385"	"Potential losses or gains on hedging contracts for unsettled or settled financial derivative instruments"
Art. 6, paragraph 4	"the statement –mod. 4081–"	"in the table RESU_IFT_"
Art. 7, paragraph 1	"on line K7H of the statement –mod. 4000 or 4100– titled "Other creditors" corresponding to account 3652"	"in the element "Other creditors", included in the table SITUATION"
Art. 7, paragraph 2	"on line E7H of the statement –mod. 4000 or 4100– titled "Other debtors" corresponding to account 3611"	"in the element "Other debtors", included in the table SITUATION"
Art. 9	"the statement –mod. 4023-."	"the table IFT_ENGAG"

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Article	Modified Text	New Text
Art. 10, paragraph 2	"94"	-

The aforementioned Instruction No. 94-05 is amended as follows:

Article	Modified Text	New Text
Art. 1, paragraph 2	"on the off-balance sheet lines of the statement –mod. 4000 or 4100– corresponding to account 93"	"on the off-balance sheet elements of the table SITUATION corresponding to foreign currency transactions"
Art. 2, paragraph 2	"(or francs)" <br> "on the off-balance sheet lines of the statement –mod. 4000 or 4100– corresponding to account 933, titled"	"(or euros)" <br> "in the off-balance sheet elements of the table SITUATION corresponding to"
Art. 2, paragraph 3	"account 933"	"the off-balance sheet element "Forward foreign exchange transactions""
Art. 2, paragraph 4	"recorded respectively on line P9B titled "Accrued foreign exchange interest covered to be received" and on line P9E titled "Accrued foreign exchange interest covered to be paid" of the statement –mod. 4000 or 4100– corresponding to account 935"	"recorded respectively in the elements "Accrued foreign exchange interest covered to be received" and "Accrued foreign exchange interest covered to be paid" included in the table SITUATION".
Art. 3, paragraph 1	"to the debit and credit of accounts 3112 and 3122 "Foreign exchange conditional instruments" and are listed on lines E50 and J70 of the statement –mod. 4000 or 4100–"	"in the elements "Purchased foreign exchange rate conditional instruments" and "Sold foreign exchange rate conditional instruments" of the table SITUATION"
Art. 6, paragraph 1	"the income statement –mod. 4080 or 4180- on lines T6B or X6B titled respectively "Losses on foreign exchange and arbitrage transactions" and "Gains on foreign exchange and arbitrage transactions" corresponding to accounts 6061 and 7061"	"the table CPTE_RESU in the elements "Losses on foreign exchange and arbitrage transactions" and "Gains on foreign exchange and arbitrage transactions""
Art. 6, paragraph 2	"of the statement –mod. 4000 or 4100- on lines E8A or K8A titled "Deferral accounts" corresponding to account 3821 "Foreign exchange adjustment accounts"."	"of the table SITUATION in the element "Deferral accounts""
Art. 7	"francs"	"euros"
Art. 7	"3046 or 414"	"Word deleted"
Art. 7	"account 424"	"the element"
Art. 8	"on lines E8A or K8A of the statement –mod. 4000 or 4100– corresponding to account 3831 "Foreign exchange differences""	"in "creditor or debtor difference accounts" included in the element "Deferral accounts" of the table SITUATION"
Art. 10, paragraph 1	"in the income statement –mod. 4080 or 4180- on lines V0F or Z0F titled respectively "Charges on foreign exchange rate instruments" and "Income on foreign exchange rate instruments" corresponding to accounts 60742 and 70742."	"in the table CPTE_RESU in the elements "Charges on foreign exchange rate instruments" and "Income on foreign exchange rate instruments""
Art. 10, paragraph 2	"of the statement –mod. 4000 or 4100- on lines E8A or K8A titled "Deferral accounts" corresponding to account 3821 "Foreign exchange adjustment accounts""	"of the table SITUATION in the element "Deferral accounts""
Art. 10, paragraph 5	"to account 60742 or to account 70742, as the case may be, the premium recorded in accounts 3112 or 3122 "Foreign exchange conditional instruments""	"in the element "Charges on foreign exchange rate instruments" or in the element "Income on foreign exchange rate instruments", as the case may be, the premium recorded in the element "Foreign exchange conditional instruments""

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Article	Modified Text	New Text
Art. 12, paragraph 2	"384"	Word deleted
Art. 12, paragraph 2	"account 3851 "Losses to be spread over hedging contracts for settled financial derivative instruments" or in account 3852 "Gains to be spread over hedging contracts for settled financial derivative instruments""	"the element "Losses to be spread over hedging contracts for settled financial derivative instruments" or in the element "Gains to be spread over hedging contracts for settled financial derivative instruments""
Art. 12, paragraph 3	"of the statement –mod. 4000 or 4100- on lines E8A or K8A titled "Deferral accounts" corresponding to account 3821 "Foreign exchange adjustment accounts""	"of the table SITUATION in the element "Deferral account""
Art. 13, paragraph 1	"on line K7H of the statement –mod. 4000 or 4100– titled "Other creditors" corresponding to account 3652 "Other received guarantee deposits""	"in the table SITUATION in the element "Other creditors""
Art. 13, paragraph 2	"on line E7H of the statement –mod. 4000 or 4100– titled "Other debtors" corresponding to account 3611 "Guarantee deposits paid""	"in the table SITUATION in the element "Other debtors""
Art. 14, paragraph 2	"the adequate sub-accounts of account 94 "Commitments on financial derivative instruments"".	"an element attached to the element "financial derivative instrument"".
Art. 15, paragraph 1	"the statement –mod. 4023–"	"the table IFT_ENGAG"
Art. 15, paragraph 2	"the statement –mod. 4081–"	"the table RESU_IFT"

The aforementioned Instruction No. 94-06 is amended as follows:

Article	Modified Text	New Text
Art. 1, paragraph 1, first bullet	"on lines G40 or H20 of the statement –mod. 4000 or 4100– titled "Securities lent", corresponding to accounts 143 or 243"	"in the element "securities lent" in the table SITUATION among "cash operations and interbank operations", or "customer operations""
Art. 1, paragraph 1, second bullet	"on lines A40 or B85 of the statement –mod. 4000 or 4100– titled "Securities borrowed" corresponding to accounts 141 or 241"	"in the element "securities borrowed" in the table SITUATION among "cash operations and interbank operations", or "customer operations""
Art. 1, paragraph 2	"of the statement –mod. 4000 or 4100–"	"of the table SITUATION"
Art. 2, paragraph 1, first bullet	"of the statement –mod. 4000 or 4100– of the transferor and are recorded on the asset side of the statement –mod. 4000 or 4100–"	"of the table SITUATION of the transferor and are recorded on the asset side of the table SITUATION"