2012-03-30

Technical Guideline for the Application of Electronic Signature in the Reporting Procedure of the Croatian Financial Services Agency

The Croatian Financial Services Agency issued this Technical Guideline to standardize the electronic signing of reporting files submitted by supervised entities through its official website. It defines key terms, designates authorized signatories (including natural persons and appointed representatives), and mandates the use of smart cards containing both authentication and qualified digital certificates. The Guideline further requires signatories to utilize separate storage for original documents, submit paper-based powers of attorney when delegating signing authority, and promptly report any changes to authorized representatives.

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Based on Article 15, paragraph 7 of the Act on the Croatian Financial Services Agency (Official Gazette Nos. 140/05 and 12/12), the Croatian Financial Services Agency, at a meeting of its Governing Board, adopted on 29 March 2012 the following:

TECHNICAL GUIDELINE FOR THE APPLICATION OF ELECTRONIC SIGNATURE IN THE REPORTING PROCEDURE OF THE CROATIAN FINANCIAL SERVICES AGENCY

  1. Introduction This Technical Guideline specifies the method for electronically signing reporting files that supervised entities submit to the Croatian Financial Services Agency via the Agency's website (reports.hanfa.hr).

  2. Definitions Certain terms used in this Guideline have the following meanings: (1) Agency means the Croatian Financial Services Agency; (2) Obligor means a supervised entity required to submit reports to the Agency; (3) Signatory means a natural person authorized to sign reports of the Agency's supervised entities; (4) File means a file containing data for the relevant report that the Obligor must submit to the Agency; (5) Advanced electronic signature means an electronic signature within the meaning of Article 2, paragraph 2 and Article 4 of the Electronic Signature Act (Official Gazette Nos. 10/02 and 80/08); (6) Certificate issuer means FINA-Financial Agency or another legal entity authorized to issue digital certificates.

  3. Signatory (1) A natural person registered in the court registry of the competent commercial court as authorized to represent the Obligor, or appointed by the Obligor for signing with an advanced electronic signature (e.g., authorized actuary or third party), is authorized to sign the File. (2) If the Signatory authorizes another natural person to sign the File, they must submit a power of attorney in paper form to the Agency. The possibility of granting a power of attorney for signing files with an advanced electronic signature is specified by individual regulations or the Agency's technical guidelines for the relevant type of report that a supervised entity must submit to the Agency.

2 (3) The power of attorney must contain the first and last name(s) of the authorized representative(s), as well as the scope of authority for signing the File with an advanced electronic signature. (4) The Obligor must promptly notify the Agency of any changes to the authorized representative(s). (5) The Obligor is responsible for the accuracy and truthfulness of data regarding authorized representatives for signing specified Files with an advanced electronic signature. (6) Joint signing of reports with an advanced electronic signature is determined by individual regulations or the Agency's technical guidelines for the relevant type of report.

  1. Files for Signing The list of Files to be signed with an advanced electronic signature is specified by individual regulations or the Agency's technical guidelines for the relevant type of report that a supervised entity must submit to the Agency.

  2. Electronic Signing Procedure (1) The Signatory of the File must possess their smart card, or corresponding medium issued by the Certificate Issuer, containing two digital certificates: a) normalized certificate (authentication certificate), and b) qualified certificate (advanced electronic signature). (2) In addition to the certificates in point 1, the Obligor must download the application from the Certificate Issuer's website (for FINA: Web e-potpis). (3) When signing the File with an advanced electronic signature, the Signatory is required to use the option for separate storage of the original document from the file containing the electronic signature. (4) For detailed instructions, assistance with application setup and usage, working with smart cards, card readers, etc., the Obligor must contact the Certificate Issuer.

This Technical Guideline enters into force on the day of its adoption. KLASA: 011-02/12-04/1 URBROJ: 326-01-12-1 Zagreb, 29 March 2012. President of the Governing Board Petar-Pierre Matek

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