BANKING COMMISSION

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Instruction No. 2000-11

Amending Instruction No. 93-01 of January 29, 1993 Regarding the transmission to the Banking Commission by credit institutions and financial companies of their annual accounts, prudential documents, and other information

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The Banking Commission,

Having regard to the Fourth Council Directive of July 25, 1978, concerning the annual accounts of certain forms of companies (78/660/EEC);

Having regard to the Seventh Council Directive of June 13, 1983, concerning consolidated accounts (83/349/EEC);

Having regard to the Council Directive of December 8, 1986, concerning the annual accounts and consolidated accounts of banks and other financial institutions (86/635/EEC);

Having regard to Law No. 66-537 of July 24, 1966, on commercial companies;

Having regard to Law No. 84-46 of January 24, 1984, as amended, relating to the activity and supervision of credit institutions;

Having regard to Law No. 85-11 of January 3, 1985, relating to the consolidated accounts of certain commercial companies and public enterprises and containing various provisions relating to the preparation of annual accounts, and Decree No. 86-221 of February 17, 1986, taken for its application;

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, taken for its application;

Having regard to the Regulation of the Banking Regulation Committee No. 91-01 of January 16, 1991, relating to the preparation and publication of the individual annual accounts of credit institutions, as amended by Regulations No. 92-05 of July 17, 1992, No. 93-06 of December 21, 1993, No. 94-03 and No. 94-05 of December 8, 1994, and by the Regulations of the Accounting Regulation Committee No. 99-04 of June 23, 1999, No. 00-02 of July 4, 2000, and No. 00-03 of July 4, 2000;

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Having regard to the Regulation of the Banking and Financial Regulation Committee No. 97-02 of February 21, 1997, relating to the internal control of credit institutions;

Having regard to the Regulation of the Banking and Financial Regulation Committee No. 97-03 of February 21, 1997, relating to the preparation and publication of the accounts of investment firms other than portfolio management companies, as amended by the Regulation of the Accounting Regulation Committee No. 99-07 of November 24, 1999;

Having regard to the Regulation of the Banking and Financial Regulation Committee No. 2000-03 of September 6, 2000, relating to prudential supervision on a consolidated basis;

Having regard to the Regulation of the Accounting Regulation Committee No. 99-07 of November 24, 1999, relating to the consolidation rules for companies subject to the Banking and Financial Regulation Committee, as amended by Regulation No. 2000-04 of July 4, 2000;

Having regard to the Regulation of the Accounting Regulation Committee No. 2000-03 of July 4, 2000, relating to the individual summary documents of companies subject to the Banking and Financial Regulation Committee;

Having regard to the Regulation of the Accounting Regulation Committee No. 2000-04 of July 4, 2000, relating to the consolidated summary documents of companies subject to the Banking and Financial Regulation Committee;

Having regard to Instruction No. 86-05 of February 21, 1986, relating to the consolidated accounts of credit institutions, establishments referred to in Article 99 of the Law of January 24, 1984, and financial companies, as amended by Instructions No. 91-06 of June 14, 1994, and No. 2000-01 of February 29, 2000, relating to the computerization of the prudential consolidation perimeter;

Having regard to Instruction No. 87-03 of January 23, 1987, relating to the capital and permanent resources ratio, as amended by Instruction No. 93-01 of January 29, 1993;

Having regard to Instruction No. 88-03 of April 22, 1988, relating to liquidity, as amended by Instruction No. 93-01 of January 29, 1993;

Having regard to Instruction No. 90-01 of April 1, 1990, relating to the calculation of own funds, as amended by Instructions No. 91-02 of March 22, 1991, No. 94-03 of March 14, 1994, and No. 2000-03 of March 17, 2000;

Having regard to Instruction No. 93-01 of January 29, 1993, relating to the transmission to the Banking Commission by credit institutions and financial companies of their annual accounts, prudential documents, and other information, as amended by Instructions No. 95-02 of February 24, 1995, No. 99-03 of June 22, 1999, No. 99-07 of July 19, 1999, No. 2000-01 of February 29, 2000, and No. 2000-06 of September 4, 2000;

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Having regard to Instruction No. 94-09, as amended, of October 17, 1994, relating to documents intended for the Banking Commission;

Having regard to Instruction No. 96-06 of December 16, 1996, relating to information on derivative instruments, as amended by Instruction No. 99-03 of June 22, 1999;

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 in Annex 1 to this Instruction for fiscal years opening on or after January 1, 2001.

Article 2

Establishments subject to the requirement shall submit, for the closing of accounts as of December 31, 2000, the new statements attached in Annex 1 to this Instruction if they prepare their publishable accounts according to the models provided for by Regulations No. 2000-03 and No. 2000-04 of the Accounting Regulation Committee mentioned above. Otherwise, the establishments subject to the requirement shall submit the publishable statements referred to in Instruction No. 93-01, existing prior to the entry into force of this Instruction. In this latter case, the items relating to insurance activity appearing in the summary statements, annexed to Regulation No. 99-07 of the Accounting Regulation Committee mentioned above, are incorporated by convention into existing items of these publishable statements, in accordance with Annex 2 of this Instruction.

Article 3

In the first paragraph of Article 1 of the aforementioned Instruction No. 93-01, the expression "the amended Regulation No. 85-12 of the aforementioned Banking Regulation Committee" is replaced by the following expression: "Regulation No. 99-07 of the Accounting Regulation Committee".

In the second paragraph of Article 1 of the aforementioned Instruction No. 93-01, the expression "under Article 18 of the aforementioned amended Regulation No. 85-12" is replaced by the following expression: "by Regulation No. 99-07 of the Accounting Regulation Committee".

In the first paragraph of Article 3 of the aforementioned Instruction No. 93-01, the expression "under Article 1 of the aforementioned amended Regulation No. 85-12 of the Banking Regulation Committee and the financial companies referred to in Article 18 of said Regulation" is replaced by the following expression: "under the first dash of Article 1 of Regulation No. 99-07 of the Accounting Regulation Committee". In this same paragraph, the words "the aforementioned amended Regulation No. 85-12" are replaced by the following words: "Section IV of the amended Regulation No. 99-07 of the Accounting Regulation Committee" and the expression "of the aforementioned amended Regulation No. 85-12 of the Banking Regulation Committee" is replaced by "of the amended Regulation No. 99-07 of the Accounting Regulation Committee".

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The wording of Article 7 of the aforementioned Instruction No. 93-01 is modified as follows:

"Credit institutions and financial companies referred to in Articles 2 and 3 of Regulation No. 2000-03 of the Banking and Financial Regulation Committee shall send to the General Secretariat of the Banking Commission, at the same time as documents -mod. 4990- and -mod. 4999-, the consolidated balance sheet -mod. 4900- and the income statement -mod. 4980-, prepared in accordance with the provisions of the aforementioned Regulation No. 2000-03 and whose models appear in Annex 3 to this Instruction. They shall attach to this transmission the accompanying listing of these statements and shall also communicate, on paper medium, the table relating to the variation of equity and minority interests which appears in Annex 4 of this Instruction."

The wording of Article 7bis of the aforementioned Instruction No. 93-01 is modified as follows:

"Without prejudice to the provisions contained in Article 7 of this Instruction, credit institutions and financial companies referred to in Articles 2 and 3 of Regulation No. 2000-03 of the Banking and Financial Regulation Committee shall also send to the General Secretariat of the Banking Commission, by teletransmission, no later than March 31, the provisional consolidated balance sheet -mod. 4900P- and the provisional consolidated income statement -mod. 4980P-, annexed to Instruction No. 99-07."

Article 4

In the second paragraph of Article 2, and in Article 12 of the aforementioned Instruction No. 87-03, the reference to Article 2 of Regulation No. 85-12 is replaced by the reference to Article 1-e of Regulation No. 2000-03 of the Banking and Financial Regulation Committee.

In the third paragraph of Article 2 of the aforementioned Instruction No. 87-03, the expression "must proceed in accordance with the method fixed by Banking Commission Instruction No. 86-05" is replaced by "must proceed in accordance with the rules fixed by the Regulation of the Banking and Financial Regulation Committee No. 2000-03."

In the second paragraph of Article 1 of the aforementioned Instruction No. 88-03, the words "by Regulation No. 85-12 and by Banking Commission Instruction No. 86-05 of February 21, 1986" are replaced by the words "by Regulation No. 2000-03 of September 6, 2000 of the Banking and Financial Regulation Committee".

In the paragraph "First-time consolidation differences, differences on equity method, translation differences, minority interests" of Section I of Annex 2 to the aforementioned Instruction No. 90-01, the words "according to the rules fixed by Regulation No. 85-12 of the Banking Regulation Committee and by Instruction No. 86-05 of the Banking Commission" are replaced by the words "according to the rules fixed by Regulation No. 2000-03 of the Banking and Financial Regulation Committee". In the third paragraph of Article 5 of the aforementioned Instruction No. 90-01, the references to Regulations No. 91-04 and No. 90-08 are replaced by the reference to Regulation No. 97-02.

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The sixth paragraph of the point "Latent reserves of credit-leasing or hire-purchase operations" of Section III of Annex 2 to the aforementioned Instruction No. 90-01 relating to deferred taxes associated with the latent reserve is deleted. In the last paragraph of this same point, the expression "in accordance with Regulation No. 85-12 of the Banking Regulation Committee" is replaced by the expression "in accordance with Regulation No. 99-07 of the Accounting Regulation Committee".

In the third paragraph of Article 3 of the aforementioned Instruction No. 96-06 of December 16, 1996, the words "within the meaning of the aforementioned Regulation No. 85-12" are replaced by the words "within the meaning of Regulation No. 2000-03 of the Banking and Financial Regulation Committee".

The other modifications of the Bafi collection, annexed to the aforementioned Instruction No. 94-09, are listed in the table appearing in Annex 3 to this Instruction.

Article 5

Instruction No. 86-05 of February 21, 1986, relating to the consolidated accounts of credit institutions, establishments referred to in Article 99 of the Law of January 24, 1984, and financial companies is repealed.

The table of variation of equity and minority interests, formerly attached to Instruction No. 91-06, is added as Annex 4 to the aforementioned Instruction No. 93-01.

Done in Paris, on December 4, 2000

The President of the Banking Commission,

Hervé HANNOUN

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Annex 1 to Instruction No. 2000-11

PUBLISHABLE BALANCE SHEET

-mod. 4200-

PRESENTATION

The publishable balance sheet -mod. 4200- is a summary document, common to all establishments subject to the requirement, which corresponds to the standard balance sheet model that establishments must prepare and publish in accordance with the provisions of Regulation No. 91-01.

CONTENT

Lines

The asset, liability, and off-balance sheet items of the publishable balance sheet -mod. 4200- are prepared by observing the specific provisions contained in Annex 1, II to Regulation No. 91-01.

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

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

For Assets

Item 010: Cash, Central Banks, CCP This item includes:

• cash, composed of French and foreign banknotes and coins, traveler's checks, and electronic money purchased by a recharge bank;
• balances with the central bank, the issuing institute, and the postal checks office of the country or countries where the establishment is located, which can be withdrawn at any time or for which a term or notice period of 24 hours or one business day is required; other claims on these institutions are recorded in Item 030 of the assets.

Item 020: Government securities and similar instruments This item includes Treasury bills and other debt instruments issued by public bodies in France, as well as instruments of the same nature issued abroad, provided they are eligible for intervention by the central bank of the country or countries where the establishment is located. Other securities issued by public bodies appear in Item 060 of the assets.

Item 030: Claims on credit institutions This item covers all claims, including subordinated claims, held in respect of banking operations on 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, and claims relating to so-called delivered securities under repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are conducted with credit institutions.

Item 048: Operations with customers This item includes all claims, including subordinated claims and factored claims, held on 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.

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Also included in this item are securities received under repurchase agreements, regardless of the underlying asset, and claims relating to so-called delivered securities under repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are conducted 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 appearing in Item 020 of the assets.

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 (OPCVM), regardless of their nature, provided they are not eligible for registration in Items 091, 100, and 160 of the assets. In particular, securities from portfolio management activities are included 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 that company, are intended to contribute to the activity of the establishment subject to the requirement, except those held in linked companies, which appear in Item 100 of the assets.

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 full consolidation in the same consolidatable group.

Item 110: Credit-leasing and hire-purchase This item is used only by establishments conducting credit-leasing or hire-purchase activities as a principal or significant activity. In this case, it includes all elements relating to credit-leasing or hire-purchase activities. Notably included in this item are movable and immovable property actually leased under credit-leasing or hire-purchase, immovable property under construction, and temporarily unleased immovable and movable property.

Item 120: Simple leasing This item is used only by establishments conducting simple leasing activities as a principal or significant activity. 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 assets, for establishments conducting credit-leasing or simple leasing activities as a principal or significant activity.

Item 140: Tangible fixed assets This item notably includes land, buildings, technical installations, equipment and tooling, other tangible fixed assets, and tangible fixed assets under construction, except for elements recorded in Items 110 and 120 of the assets, for establishments conducting credit-leasing or simple leasing activities as a principal or significant activity.

Item 150: Subscribed capital not yet paid

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This item corresponds to the uncalled portion, or called but unpaid portion, of the subscribed capital recorded in Item 440 of the liabilities.

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

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.

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

For Liabilities

Item 300: Central Banks, CCP This item lists debts owed to the central bank, the issuing institute, and the postal checks office of the country or countries where the establishment is located, payable on demand, or for which a term or notice period of 24 hours or one business day is required; other debts owed to these institutions are recorded in Item 310 of the liabilities.

Item 310: Debts to credit institutions This item covers debts, in respect of banking operations, owed to credit institutions, except for subordinated loans which appear in Item 430 of the liabilities, 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 liabilities. 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, and debts owed to the counterparty in the context of so-called delivered securities under repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are conducted with credit institutions.

Item 348: Operations with customers This item covers debts owed to economic agents, other than credit institutions, except for subordinated loans, which appear in Item 430 of the liabilities, 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 liabilities. It also includes the debt of the issuing bank towards customers for the amount of electronic money recharged into their electronic wallets. Also included in this item are securities delivered under repurchase agreements, regardless of the underlying asset, and debts owed to the counterparty in the context of so-called delivered securities under repurchase agreements within the meaning of Article 5 of the CRB Regulation No. 89-07 of July 26, 1989, when these operations are conducted with customers.

Item 350: Debt represented by a security This item includes debts represented by transferable securities issued by the establishment in France and abroad, except for subordinated securities which are recorded in Item 430 of the liabilities. Notably included in this item are cashier's checks, interbank market securities, and negotiable debt instruments issued in France, securities of the same nature issued abroad, bonds, and other fixed-income securities.

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Item 360: Other liabilities This item notably includes sold option premiums, debts relating to elements received under repurchase agreements and then either re-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 borrowing is not backed by cash, and debts owed to third parties that do not appear in other liability items, excluding regularization accounts which are recorded in Item 370.

Item 370: Regularization accounts This item covers notably the counterpart of losses recognized in the income statement relating to off-balance sheet operations—particularly 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 prepaid income.

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 1 of Law No. 84-46 of January 24, 1984, and related operations defined in Article 5 of the same law, clearly specified as to their purpose, and whose amount or maturity cannot be precisely determined. It also covers provisions intended to cover risks and charges linked to banking operations within the meaning of Article 1 of Law No. 84-46 of January 24, 1984, and related operations defined in Article 5 of the same law, which events that have occurred or are pending make probable, clearly specified as to their purpose but whose realization is uncertain.

Item 430: Debts