2006-07-12
The Commission for Financial Supervision issues Ordinance No. 29 to establish the minimum credit rating levels required for banks whose deposits may hold funds from supplementary pension and payment funds. The ordinance designates specific countries, international financial organizations, and stock markets whose indices are eligible for investment under the Social Security Code. It mandates that pension-insurance companies provide justification for using ratings from non-listed agencies and defines the legal framework for enforcing these requirements.
(Title amended - State Gazette, No. 94 of 2018, effective from 19.11.2018; amended, No. 64 of 2022, effective from 09.08.2022)
Pub. - State Gazette, No. 62 of 01.08.2006; amended and supplemented, No. 3 of 11.01.2008; amended and supplemented, No. 98 of 11.12.2009; amended and supplemented, No. 91 of 18.11.2011; amended and supplemented, No. 94 of 13.11.2018, effective from 19.11.2018; amended and supplemented, No. 8 of 28.01.2020; amended and supplemented, No. 81 of 15.09.2020; amended and supplemented, No. 60 of 20.07.2021; amended, No. 64 of 09.08.2022, effective from 09.08.2022; amended, No. 29 of 31.03.2023.
Adopted with Decision No. 60-N of 12.VII.2006 by the Commission for Financial Supervision.
With this Ordinance, the following are determined:
(1) (Repealed - State Gazette, No. 94 of 2018, effective from 19.11.2018.)
(2) (Amended - State Gazette, No. 94 of 2018, effective from 19.11.2018; supplemented, No. 60 of 2021.) The minimum levels of credit ratings of banks pursuant to Art. 176, Para. 1, Item 5 of the SSC, into which funds of a supplementary pension insurance fund and a payment fund may be invested in deposits, are:
(3) (Amended - State Gazette, No. 94 of 2018, effective from 19.11.2018; amended, No. 8 of 2020; amended, No. 60 of 2021.) When a pension-insurance company invests funds of a fund pursuant to Para. 2 in a deposit in a bank with a credit rating assigned by an agency pursuant to Para. 1, Item 2, the company submits to the Commission for Financial Supervision a justification based on information on the assigned credit rating from the respective credit rating agency, regarding the compliance of this rating with a credit rating pursuant to Para. 2, Item 1.
(4) The justification pursuant to Para. 3 is submitted by the pension-insurance company:
(5) (Repealed - State Gazette, No. 94 of 2018, effective from 19.11.2018.)
(6) (Amended - State Gazette, No. 94 of 2018, effective from 19.11.2018; amended, No. 60 of 2021.) When a bank has long-term credit ratings assigned by more than one rating agency, funds of a fund pursuant to Para. 2 may be invested in deposits in such a bank only if each of these ratings meets the requirement of Para. 2.
(7) (Repealed - State Gazette, No. 94 of 2018, effective from 19.11.2018.)
(1) (Amended - State Gazette, No. 94 of 2018, effective from 19.11.2018; amended, No. 8 of 2020; amended and supplemented, No. 81 of 2020; amended, No. 64 of 2022, effective from 09.08.2022.) The countries pursuant to Art. 176, Para. 1, Item 1, letter "v", Item 2, letter "b", Item 4, letter "b" and Item 12 of the SSC and the markets pursuant to Art. 176, Para. 1, Item 1, letter "v", Item 2, letter "b" and Item 4, letter "b" of the SSC are:
| No. | Country pursuant to Art. 176, Para. 1, Item 1, letter "v", Item 2, letter "b", Item 4, letter "b" and Item 11 SSC | Market pursuant to Art. 176, Para. 1, Item 1, letter "v", Item 2, letter "b" and Item 4, letter "b" SSC |
|---|---|---|
| 1. | Australia | Australian Securities Exchange<br>Chi-X Australia Pty |
| 2. | Brazil | B3 |
| 3. | Israel | Tel Aviv Stock Exchange |
| 4. | India | Bombay Stock Exchange<br>National Stock Exchange of India |
| 5. | Indonesia | Indonesia Stock Exchange |
| 6. | Canada | TMX Group |
| 7. | China | Shanghai Stock Exchange<br>Hong Kong Stock Exchange<br>Shenzhen Stock Exchange |
| 8. (new - State Gazette, No. 81 of 2020) | Colombia | Bolsa de Valores de Colombia |
| 9. (new - State Gazette, No. 81 of 2020) | Costa Rica | Bolsa Nacional de Valores de Costa Rica |
| 10. (previous No. 8 - State Gazette, No. 81 of 2020) | Malaysia | Bursa Malaysia |
| 11. (previous No. 9 - State Gazette, No. 81 of 2020) | Mexico | Bolsa Mexicana de Valores |
| 12. (previous No. 10 - State Gazette, No. 81 of 2020) | New Zealand | New Zealand Exchange |
| 13. (previous No. 11 - State Gazette, No. 81 of 2020) | United Kingdom | London Stock Exchange<br><br>Effective:<br>a) from the day following the expiration of the transition period pursuant to Art. 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, in case this Agreement enters into force;<br>b) from the day on which the Treaty on the Functioning of the European Union and the Treaty on European Union cease to apply to the United Kingdom pursuant to Article 50(3) of the Treaty on European Union, in case the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community does not enter into force. |
| 14. (previous No. 12 - State Gazette, No. 81 of 2020) | Russia | Moscow Exchange |
| 15. (previous No. 13 - State Gazette, No. 81 of 2020) | North Macedonia | Macedonian Stock Exchange |
| 16. (previous No. 14, amended - State Gazette, No. 81 of 2020) | United States | New York Stock Exchange<br>NASDAQ<br>BOX Exchange<br>Cboe BYX Exchange<br>Cboe BZX Exchange<br>Cboe C2 Exchange<br>Cboe EDGA Exchange<br>Cboe EDGX Exchange<br>Cboe Exchange<br>The Investors Exchange<br>Long-Term Stock Exchange<br>Miami International Securities Exchange<br>MIAX Emerald<br>MIAX PEARL<br>MEMX<br>Nasdaq BX<br>Nasdaq GEMX<br>Nasdaq ISE<br>Nasdaq MRX<br>Nasdaq PHLX<br>NYSE Arca<br>NYSE Chicago<br>NYSE MKT<br>NYSE National |
| 17. (previous No. 15 - State Gazette, No. 81 of 2020) | Singapore | Singapore Exchange |
| 18. (previous No. 16 - State Gazette, No. 81 of 2020) | Taiwan | Taiwan Stock Exchange |
| 19. (previous No. 17 - State Gazette, No. 81 of 2020) | Thailand | Stock Exchange of Thailand |
| 20. (previous No. 18 - State Gazette, No. 81 of 2020) | Turkey | Borsa Istanbul |
| 21. (previous No. 19 - State Gazette, No. 81 of 2020) | Chile | Santiago Stock Exchange (MILA) |
| 22. (previous No. 20 - State Gazette, No. 81 of 2020) | Switzerland | SIX Swiss Exchange<br>BX Swiss |
| 23. (previous No. 21 - State Gazette, No. 81 of 2020) | South Africa | JSE Limited |
| 24. (previous No. 22 - State Gazette, No. 81 of 2020) | South Korea | Korea Exchange |
| 25. (previous No. 23 - State Gazette, No. 81 of 2020) | Japan | Tokyo Stock Exchange |
(2) (New - State Gazette, No. 8 of 2020; amended and supplemented, No. 81 of 2020.) The countries, markets and indices pursuant to Art. 176, Para. 1, Item 6, letter "b" of the SSC are:
| No. | Country pursuant to Art. 176, Para. 1, Item 6, letter "b" SSC | Market pursuant to Art. 176, Para. 1, Item 6, letter "b" SSC | Index of the market pursuant to Art. 176, Para. 1, Item 6, letter "b" SSC |
|---|---|---|---|
| 1. | Australia | Australian Securities Exchange<br>Chi-X Australia Pty Ltd | All Ordinaries Index<br>Chi-X Australia 200 Index |
| 2. | Brazil | B3 | Ibovespa |
| 3. | Israel | Tel Aviv Stock Exchange | TA-125 Index |
| 4. | India | Bombay Stock Exchange<br>National Stock Exchange of India | BSE SENSEX<br>NIFTY 50 |
| 5. | Indonesia | Indonesia Stock Exchange | LQ-45 |
| 6. | Canada | TMX Group | S&P/TSX Composite Index |
| 7. | China | Shanghai Stock Exchange<br>Hong Kong Stock Exchange<br>Shenzhen Stock Exchange | SSE 180 Index<br>Hang Seng Index<br>SZSE 100 |
| 8. (new - State Gazette, No. 81 of 2020) | Colombia | Bolsa de Valores de Colombia | COLCAP |
| 9. (new - State Gazette, No. 81 of 2020) | Costa Rica | Bolsa Nacional de Valores de Costa Rica | Indice Accionario Costa Rica (IACR) |
| 10. (previous No. 8 - State Gazette, No. 81 of 2020) | Malaysia | Bursa Malaysia | FTSE Bursa Malaysia KLCI |
| 11. (previous No. 9, amended - State Gazette, No. 81 of 2020) | Mexico | Bolsa Mexicana de Valores | S&P BMV IPC |
| 12. (previous No. 10 - State Gazette, No. 81 of 2020) | New Zealand | New Zealand Exchange | S&P/NZX 50 Index |
| 13. (previous No. 11 - State Gazette, No. 81 of 2020) | United Kingdom | London Stock Exchange<br><br>Effective:<br>a) from the day following the expiration of the transition period pursuant to Art. 126 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, in case this Agreement enters into force;<br>b) from the day on which the Treaty on the Functioning of the European Union and the Treaty on European Union cease to apply to the United Kingdom pursuant to Article 50(3) of the Treaty on European Union, in case the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community does not enter into force. | FTSE 100 |
| 14. (previous No. 12 - State Gazette, No. 81 of 2020) | Russia | Moscow Exchange | RTS Index |
| 15. (previous No. 13 - State Gazette, No. 81 of 2020) | North Macedonia | Macedonian Stock Exchange | MBI 10 |
| 16. (previous No. 14 - State Gazette, No. 81 of 2020) | United States | New York Stock Exchange<br>NASDAQ<br>NYSE Arca | S&P 500 Index<br>Dow Jones Industrial Average (DJIA)<br>NASDAQ 100<br>NYSE Arca Major Market Index |
| 17. (previous No. 15 - State Gazette, No. 81 of 2020) | Singapore | Singapore Exchange | Straits Times Index (STI) |
| 18. (previous No. 16 - State Gazette, No. 81 of 2020) | Taiwan | Taiwan Stock Exchange | TAIEX |
| 19. (previous No. 17 - State Gazette, No. 81 of 2020) | Thailand | Stock Exchange of Thailand | SET 50 Index |
| 20. (previous No. 18, amended - State Gazette, No. 81 of 2020) | Turkey | Borsa Istanbul | BIST 100 |
| 21. (previous No. 19 - State Gazette, No. 81 of 2020) | Chile | Santiago Stock Exchange (MILA) | Indice de Precios Selectivo de Acciones (IPSA) |
| 22. (previous No. 20 - State Gazette, No. 81 of 2020) | Switzerland | SIX Swiss Exchange<br>BX Swiss | Swiss Market Index (SMI)<br>BIRW |
| 23. (previous No. 21 - State Gazette, No. 81 of 2020) | South Africa | JSE Limited | FTSE/JSE Top 40 Index |
| 24. (previous No. 22 - State Gazette, No. 81 of 2020) | South Korea | Korea Exchange | KRX 100 |
| 25. (previous No. 23 - State Gazette, No. 81 of 2020) | Japan | Tokyo Stock Exchange | Nikkei 225<br>Nikkei 400 |
(3) (Amended, No. 94 of 2018, effective from 19.11.2018; previous Para. 2 amended, No. 8 of 2020.) The indices pursuant to Art. 176, Para. 1, Item 6, letter "b" of the SSC may also be MSCI Global Investable Market Indices, only if they are constructed on shares traded on the markets pursuant to Para. 2.
The international financial organizations pursuant to Art. 176, Para. 1, Item 1, letter "d" of the SSC are:
(1) Whoever commits or allows the commission of an offense under this Ordinance shall be punished pursuant to Art. 351 of the SSC.
(2) Violations of the provisions of this Ordinance are established by acts drawn up by officials authorized by the Deputy Chairman of the Commission for Financial Supervision, heading the "Insurance Supervision" Department.
(3) Penalty orders are issued by the Deputy Chairman of the Commission for Financial Supervision, heading the "Insurance Supervision" Department, or by an official authorized by him.
(4) The establishment of violations, the issuance, appeal and enforcement of penalty orders are carried out in accordance with the Law on Administrative Offenses and Penalties.
§ 1. (Amended - State Gazette, No. 60 of 2021.) This Ordinance is issued on the basis of Art. 176, Para. 3 of the Social Security Code and was adopted with Decision No. 60-N of 12.VII.2006 by the Commission for Financial Supervision.
§ 2. The Commission for Financial Supervision issues guidelines on the application of this Ordinance.
(State Gazette, No. 8 of 28.01.2020)
§ 4. Pension-insurance companies shall bring their activities into compliance with the provisions of this Ordinance within a six-month period from its entry into force.
(State Gazette, No. 60 of 20.07.2021)
§ 5. The following amendments and supplements are made to Ordinance No. 29 of 12.07.2006 on the Minimum Level of Credit Ratings of Banks and on Determining the Countries, International Financial Organizations, Markets and Indices of These Markets Pursuant to Art. 176, Para. 2 of the Social Security Code (Pub. State Gazette, No. 62 of 2006; amended, No. 3 of 2008; amended and supplemented, No. 98 of 2009, No. 91 of 2011, No. 94 of 2018 and No. 8 and 81 of 2020):
(State Gazette, No. 64 of 09.08.2022, effective from 09.08.2022)
§ 19. The following amendments are made to Ordinance No. 29 of 12.07.2006 on the Minimum Level of Credit Ratings of Banks and on Determining the Countries, International Financial Organizations, Markets and Indices of These Markets Pursuant to Art. 176, Para. 2 of the Social Security Code (Pub. State Gazette, No. 62 of 2006; amended, No. 3 of 2008; amended and supplemented, No. 98 of 2009, No. 91 of 2011, No. 94 of 2018, No. 8 and 81 of 2020 and No. 60 of 2021):