Instruction No. 2003-02 of May 20, 2003 Amending Instruction No. 93-01 Regarding the Submission of Annual Accounts, Prudential Documents, and Various Information to the ACPR

COMMISSION BANCAIRE

Instruction No. 2003-02 Amending Instruction No. 93-01 of January 29, 1993 regarding the submission to the Banking Commission of annual accounts, prudential documents as well as various information

The Banking Commission, Having regard to the Monetary and Financial Code; Having regard to Regulation No. 97-03 of February 21, 1997 of the Committee on Banking and Financial Regulation, relating to the preparation and publication of accounts of investment firms other than portfolio management companies, as amended by Regulation No. 99-07 of November 24, 1999 of the Accounting Regulation Committee; Having regard to Regulation No. 99-07 of November 24, 1999 of the Accounting Regulation Committee, relating to the consolidation rules for companies subject to the Committee on Banking and Financial Regulation, as amended by Regulation No. 2000-04 of July 4, 2000; Having regard to Regulation No. 2002-04 of December 12, 2002 of the Accounting Regulation Committee, relating to individual summary documents of investment firms; Having regard to Regulation No. 2002-05 of December 12, 2002 of the Accounting Regulation Committee, relating to consolidated summary documents of investment firms; Having regard to Instruction No. 93-01 of January 29, 1993, as amended, relating to the submission to the Banking Commission of annual accounts, prudential documents as well as various information; Having regard to Instruction No. 94-09 of October 17, 1994, as amended, relating to documents intended for the Banking Commission; Decides:

Article 1: The publishable balance sheet - mod. 4200 -, the publishable income statement - mod. 4290 -, the publishable consolidated balance sheet - mod. 4990 -, and the publishable consolidated income statement - mod. 4999 -, referred to in Instruction No. 93-01, are replaced by the new statements attached to this instruction for fiscal years opening as of January 1, 2003.

These statements are sent to the General Secretariat of the Banking Commission, under the conditions of the aforementioned Instruction No. 93-01, by credit institutions and investment firms, excluding portfolio management companies, referred to respectively in Articles L. 511-1 and L. 531-4 of the Monetary and Financial Code, as well as by legal entities that are members of regulated markets for financial instruments or carrying out a financial instrument clearing activity, referred to respectively in Article L. 421-8 and item 3 of Article L. 442-2 of the same code.

Article 2: The first two paragraphs of Article 2 of the aforementioned Instruction No. 93-01 are replaced by the following paragraph: "Subject institutions shall send to the General Secretariat of the Banking Commission, no later than 10 days after the holding of the general 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 – via teletransmission as well as the accompanying listing. The annexes to the balance sheet and income statement, prepared in accordance with the provisions of Regulation No. 91-01 of the aforementioned Banking Regulation Committee or, where applicable, Regulation No. 2002-04 of the Accounting Regulation Committee, must be attached to these documents."

The first two paragraphs of Article 3 of the aforementioned Instruction No. 93-01 are replaced by the following paragraph: "Subject institutions and financial companies referred to in Article L517-1 of the Monetary and Financial Code 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 –, via teletransmission as well as the accompanying listing. The annexes to the consolidated balance sheet and consolidated income statement, prepared in accordance with the provisions of the amended Regulation No. 99-07 of the Accounting Regulation Committee or, where applicable, Regulation No. 2002-05 of the Accounting Regulation Committee, must be attached to these documents."

In the third paragraph of Article 4, the expression "their annual accounts in accordance with the provisions of Article 2" is replaced by the expression "a publishable balance sheet – mod. 4200 –, a publishable income statement – mod. 4290 – and the annexes under conditions analogous to those provided for in Article 2".

In Article 5, the words "The publishable balance sheets and income statements, individual and consolidated referred to in the 2nd paragraph of Articles 2 and 3, and" are deleted.

Article 3: This instruction applies to fiscal years opening as of January 1, 2003.

Paris, May 20, 2003 The President of the Banking Commission, Hervé HANNOUN

3 Annex to Instruction No. 2003-02 PUBLISHABLE BALANCE SHEET — mod. 4200 — PRESENTATION The publishable balance sheet — mod. 4200 — is a summary document, common to all subject institutions, which corresponds to the standard balance sheet model that institutions must prepare and publish in accordance with the provisions of Regulation No. 91-01 of the Banking Regulation Committee and Regulation No. 2002-04 of the Accounting Regulation Committee for investment firms, (excluding portfolio management companies) as well as for legal entities that are members of regulated markets or carrying out a financial instrument clearing activity.

CONTENT Lines The asset, liability, and off-balance sheet items of the publishable balance sheet — mod. 4200 — are prepared by observing the specific provisions set out in Annex 1, II to Regulation No. 91-01 and in point 2.2 of the Annex to Regulation No. 2002-04.

Accrued or due interest, receivable or payable, is grouped with the asset or liability items to which they relate.

Lines 480 and 490 may be served with a negative sign.

For the Asset

Item 010 – Cash, Central Banks, CCP This item includes: – cash, which is composed of banknotes and coins, French and foreign, traveler's checks, electronic money purchased by a recharge bank; – balances with the central bank, the issuing institute, and the postal check office of the country or countries where the institution is located, which can be withdrawn at any time or for which a duration or notice period of 24 hours or one business day is necessary; other claims on these institutions are recorded in item 030 of the asset.

Item 020 – Government securities and similar instruments This item includes Treasury bills and other debt securities issued by public bodies in France, as well as instruments of the same nature issued abroad, provided they are eligible for interventions by the central bank of the country or countries where the institution is located.

Other securities issued by public bodies are recorded in item 060 of the asset.

Item 030 – Claims on credit institutions This item covers all claims, including subordinated claims, held in respect of banking operations with credit institutions, except those evidenced by a security within the meaning of Article 1 of the CRB Regulation No. 90-01 of February 23, 1990.

Also included in this item are securities received under repurchase agreements, regardless of the underlying asset of the transaction, and claims relating to so-called delivered securities repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are carried out with credit institutions.

Item 048 – Operations with customers This item includes all claims, including subordinated claims and factored claims where applicable, held with economic agents other than credit institutions, except those evidenced by a security within the meaning of Article 1 of the CRB Regulation No. 90-01 of February 23, 1990.

Also included in this item are securities received under repurchase agreements, regardless of the underlying asset of the transaction, and claims relating to so-called delivered securities repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are carried out with customers.

Item 060 – Bonds and other fixed-income securities This item includes bonds and other fixed-income securities — including subordinated securities — within the meaning of Article 1 of the CRB Regulation No. 90-01 of February 23, 1990, except those recorded in item 020 of the asset.

Item 070 – Shares and other variable-income securities This item lists shares and other variable-income securities within the meaning of Article 1 of the CRB Regulation No. 90-01 of February 23, 1990, units of French and foreign UCITS (collective investment schemes), regardless of their nature, provided they are not eligible for registration in items 091, 100, and 160 of the asset. In particular, securities from the portfolio management activity are included in this item. Securities held by the market maker in the context of deemed deferred settlement operations are recorded in this item.

Item 091 – Holdings and other long-term securities This item includes shares and other variable-income securities that confer rights in the capital of a company when these rights, by creating a lasting link with the company, are intended to contribute to the activity of the subject institution, except those held in linked companies which are recorded in item 100 of the asset.

Item 100 – Interests in linked companies This item covers shares and other variable-income securities held in linked companies. A company is considered linked to another when it is likely to be included by global consolidation in the same consolidatable group.

Item 110 – Hire-purchase and leasing with purchase option This item is used only by credit institutions carrying out hire-purchase or leasing with purchase option activities as a principal activity or significantly. In this case, it includes all elements relating to hire-purchase or leasing with purchase option activities.

Notably included in this item are movable and immovable property actually leased under hire-purchase or with purchase option, immovable property under construction, and temporarily unleased immovable and movable property.

Item 120 – Simple leasing This item is used only by credit institutions carrying out simple leasing activities as a principal activity or significantly. In this case, it notably includes movable and immovable property acquired for leasing without purchase option, including those under manufacture and those not yet delivered.

Item 130 – Intangible fixed assets This item notably includes establishment costs and research and development costs, as well as goodwill, except for elements recorded in items 110 and 120 of the asset, for credit institutions carrying out hire-purchase or simple leasing activities as a principal activity or significantly.

Item 140 – Tangible fixed assets This item notably includes land, buildings, technical installations, equipment and tooling, other tangible fixed assets, and tangible fixed assets in progress, except for elements recorded in items 110 and 120 of the asset, for credit institutions carrying out hire-purchase or simple leasing activities as a principal activity or significantly.

Item 150 – Subscribed capital not paid This item corresponds to the uncalled portion, or called but unpaid portion, of the subscribed capital recorded in item 440 of the liability.

Item 160 – Own shares This item lists all own shares or securities of the same nature, purchased or subscribed by the institution, whether they are recorded among trading securities, investment securities, or fixed assets.

Item 165 – Trading and settlement accounts This item is used only by investment firms and legal entities that are members of regulated markets or carrying out a financial instrument clearing activity. It covers trading and settlement accounts that record, at historical cost, from the date of transfer of ownership, all purchases and sales of financial instruments for own account or for third-party account, for which delivery and settlement operations have not yet been settled.

On the French cash market, the date of transfer of ownership is the trade date.

When the date of transfer of ownership is subsequent to the trade date, the securities are recorded in the off-balance sheet during the interval.

Trading and settlement accounts also include securities operations (coupons, subscription...) that have matured and are not yet settled (case of certain foreign markets).

Trading and settlement accounts of credit institutions are not included in item 165. They are included in item 170 "Other assets", in accordance with Regulation No. 91-01.

Item 170 – Other assets This item notably includes purchased option premiums, stocks, and claims on third parties that do not appear in other asset items, excluding regularization accounts which are recorded in item 180. It includes trading and settlement accounts only for statements submitted by credit institutions.

Item 180 – Regularization accounts This item notably covers the counterpart of income recognized in the income statement relating to off-balance sheet operations — notably on securities — and commitments on foreign exchange and financial derivative instruments, potential losses on hedging contracts for financial derivative instruments not yet settled, costs to be allocated, and expenses recognized in advance.

For the Liability

Item 300 – Central Banks, CCP This item lists debts to the central bank, the issuing institute, and the postal check office of the country or countries where the institution is located, payable on demand, or for which a duration or notice period of 24 hours or one business day is necessary; other debts to these institutions are recorded in item 310 of the liability.

Item 310 – Debts to credit institutions This item covers debts, in respect of banking operations, to credit institutions, except for subordinated loans which are recorded in item 430 of the liability, and debts evidenced by a security within the meaning of Article 1 of the CRB Regulation No. 90-01 of February 23, 1990, which are recorded in items 350 or 430 of the liability. It notably includes, for the issuing bank, electronic money issued and acquired by a recharge bank.

Also included in this item are securities delivered under repurchase agreements, regardless of the underlying asset of the transaction, and debts to the counterparty institution in the context of so-called delivered securities repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are carried out with credit institutions.

Item 348 – Operations with customers This item covers debts to economic agents, other than credit institutions, except for subordinated loans, which are recorded in item 430 of the liability, and debts evidenced by a security within the meaning of Article 1 of the CRB Regulation No. 90-01 of February 23, 1990, which are recorded in items 350 or 430 of the liability. It also includes the debt of the issuing bank towards customers for the amount of electronic money reloaded into their electronic wallets.

Also included in this item are securities delivered under repurchase agreements, regardless of the underlying asset of the transaction, and debts to the counterparty company in the context of so-called delivered securities repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are carried out with customers.

Item 350 – Debt represented by a security This item includes debts represented by transferable securities issued by the institution in France and abroad, except for subordinated securities which are recorded in item 430 of the liability.

Notably included in this item are cashier's checks, interbank market securities, and negotiable credit securities issued in France, securities of the same nature issued abroad, bonds, and other fixed-income securities.

Item 360 – Other liabilities This item notably includes sold option premiums, debts relating to elements received under repurchase agreements and then themselves delivered under repurchase agreements or sold outright, according to Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, the debt representative of the value of borrowed securities, when securities loans are not backed by cash, and debts to third parties that do not appear in other liability items, excluding regularization accounts which are recorded in item 370.

It includes trading and settlement accounts only for statements submitted by credit institutions.

Item 370 – Regularization accounts This item notably covers the counterpart of losses recognized in the income statement relating to off-balance sheet operations — notably on securities — and commitments on foreign exchange and financial derivative instruments, potential gains on hedging contracts for financial derivative instruments not yet settled, income to be allocated, and income recognized in advance.

Item 375 – Trading and settlement accounts This item is used only by investment firms and legal entities that are members of regulated markets or carrying out a financial instrument clearing activity. It covers trading and settlement accounts that record, at historical cost, from the date of transfer of ownership, all purchases and sales of financial instruments for own account or for third-party account, for which delivery and settlement operations have not yet been settled.

On the French cash market, the date of transfer of ownership is the trade date.

When the date of transfer of ownership is subsequent to the trade date, the securities are recorded in the off-balance sheet during the interval.

Trading and settlement accounts also include securities operations (coupons, subscriptions, ...) that have matured and are not yet settled (case of certain foreign markets).

Trading and settlement accounts of credit institutions are not included in item 375. They are included in item 360 "Other liabilities", in accordance with Regulation No. 91-01.

Item 380 – Provisions for risks and charges This item covers provisions intended to cover risks and charges not directly linked to banking operations within the meaning of Article L. 311-1 of the Monetary and Financial Code, and related operations defined in Article L. 311-2 of the same code, clearly specified as to their purpose, and for which the amount or maturity cannot be fixed precisely.

It also covers provisions intended to cover risks and charges linked to banking operations within the meaning of Article L. 311-1 of the Monetary and Financial Code, and related operations defined in Article L. 311-2 of the same code, which have become probable due to events that have occurred or are ongoing, are clearly specified as to their purpose, but whose realization is uncertain.

This item covers provisions intended to cover risks and charges not directly linked to investment services or activities related to investment services.

It also covers provisions intended to cover risks and charges related to investment services or activities related to investment services, which have become probable due to events that have occurred or are ongoing, are clearly specified as to their purpose, but whose realization is uncertain.

Item 430 – Subordinated debts This item includes: – funds from the issuance of subordinated securities or loans, with a fixed term or indefinite duration, the repayment of which in the event of liquidation is only possible after the satisfaction of other creditors;

– mutual guarantee deposits, that is to say exclusively guarantee funds whose mutual nature results from express agreements and which are repayable, possibly under conditions, to the clients who have constituted them.

Item 420 – General Banking Risk Funds (FRBG) This item includes general banking risk funds, as defined in Articles 3 and 12 of the CRB Regulation No. 90-02 of February 23, 1990.

Item 435 – Equity excluding FRBG This item, whose presentation is mandatory, is a subtotal of items 440 to 490 below: – subscribed capital, – share premiums, – reserves, – revaluation differences, – regulated provisions and investment grants, – carried forward profit/loss, – result of the fiscal year.

Item 440 – Subscribed capital This item corresponds to the nominal value of shares, partnership interests, and other securities making up the share capital, as well as sums that represent them or are assimilated to them in accordance with Article 2-a of the CRB Regulation No. 90-02 of February 23, 1990.

Item 450 – Share premiums This item includes premiums related to subscribed capital, notably issue premiums, contribution premiums, merger premiums, demerger premiums, or conversion of bonds into shares.

Item 460 – Reserves This item notably includes reserves allocated from the profits of previous fiscal years.

Item 470 – Revaluation differences This item includes differences recognized during the revaluation of balance sheet items.

Item 475 – Regulated provisions and investment grants This item covers: – all regulated provisions, that is to say those that do not meet the definition given in item 380, but which have been allocated in application of legislative or regulatory provisions, notably fiscal; – the portion of investment grants granted to the institution that has not yet been recognized in the income statement.

Item 480 – Carried forward profit/loss This item expresses the cumulative amount of the fraction of the results of previous fiscal years, the allocation of which was deferred by decision of the partners, shareholders, or stockholders.

It also includes the impact of method changes, unless, due to the application of fiscal rules, the company was required to recognize the impact of this change in the income statement.

Item 490 – Result of the fiscal year This item records the profit or loss of the fiscal year.

For the Off-Balance Sheet

COMMITMENTS GIVEN

Item 615 – Financing commitments Financing commitments in favor of credit institutions notably include refinancing agreements, acceptances to pay or payment commitments, confirmations of documentary credit facilities, and other commitments given to credit institutions.

Financing commitments in favor of customers notably include confirmed credit lines, bill discounting lines, commitments on securities issuance facilities, and other commitments in favor of economic agents other than credit institutions.

Item 635 – Guarantee commitments