2012-03-30

Technical Instruction on the Application of Electronic Signature in the Reporting Procedure of the Croatian Financial Services Supervisory Agency

The Croatian Financial Services Supervisory Agency (HANFA) issued this Technical Instruction to define the mandatory procedures for supervisory entities to electronically sign and submit reporting files via its website. The document specifies that signatories must hold specific digital certificates and smart cards, and outlines the requirements for authorizing third parties to sign on behalf of the entity. It further details the technical steps for using separate document storage during the signing process and mandates immediate notification of any changes to authorized signatories.

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Based on Article 15, point 7 of the Act on the Croatian Financial Services Supervisory Agency ("Narodne novine" No. 140/05 and 12/12), the Croatian Financial Services Supervisory Agency, at a meeting of the Board of Directors, adopted the following on March 29, 2012:

TECHNICAL INSTRUCTION ON THE APPLICATION OF ELECTRONIC SIGNATURE IN THE REPORTING PROCEDURE OF THE CROATIAN FINANCIAL SERVICES SUPERVISORY AGENCY

  1. Introduction This Technical Instruction determines the method of electronically signing reporting files that supervisory subjects submit to the Croatian Financial Services Supervisory Agency via the Agency's website (reports.hanfa.hr).

  2. Definitions Certain terms, in the sense of this Instruction, have the following meanings: (1) Agency means the Croatian Financial Services Supervisory Agency; (2) Obligor means the supervisory subject obliged to submit reports to the Agency; (3) Signatory means the natural person authorized to sign the reports of the supervisory subject to the Agency; (4) File means the file with data of the corresponding report that the Obligor must submit to the Agency; (5) Advanced electronic signature means an electronic signature within the meaning of Article 2, point 2 and Article 4 of the Act on Electronic Signature (Narodne novine No. 10/02 and 80/08); (6) Issuer of digital certificates means FINA-Financial Agency or another legal person authorized to issue digital certificates.

  3. Signatory (1) A natural person who is registered in the court register of the competent commercial court as a person authorized to represent the Obligor or appointed by the Obligor to sign with an advanced electronic signature (e.g., an authorized actuary or a third party) is authorized to sign the File. (2) In the event that the Signatory authorizes another natural person to sign the File, they are obliged to submit a power of attorney in the form of a paper document to the Agency. The possibility of granting a power of attorney for signing files with an advanced electronic signature is prescribed by specific regulations or technical instructions of the Agency for the corresponding type of report that the supervisory subject is obliged to submit to the Agency.

2 (3) The power of attorney must necessarily contain the first and last name of the authorized person or persons, as well as the scope of authority for signing the File with an advanced electronic signature. (4) The Obligor is obliged to notify the Agency without delay of any change in the authorized person for signing. (5) The Obligor is responsible for the accuracy and truthfulness of the data regarding the authorized persons for signing the Files prescribed with an advanced electronic signature. (6) Joint signing of reports with an advanced electronic signature is determined by specific regulations or technical instructions of the Agency for the corresponding type of report.

  1. Files for Signing The list of Files to be signed with an advanced electronic signature is prescribed by specific regulations or technical instructions of the Agency for the corresponding type of report that the supervisory subject is obliged to submit to the Agency.

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

This Technical Instruction enters into force on the day of its adoption.

CLASS: 011-02/12-04/1 FILE NUMBER: 326-01-12-1

Zagreb, March 29, 2012

President of the Board of Directors Petar-Pierre Matek