Regulatory Alerts2022-04-11
Instruction No. 2022-I-07 of April 11, 2022 amending Instruction No. 2017-I-24 regarding the transmission to the ACPR of accounting, prudential, and other information documents (Banking Sector)
The Prudential Control and Resolution Authority (ACPR) issued Instruction No. 2022-I-07 to amend the reporting requirements for the transmission of accounting and prudential documents to the authority. The amendment expands the scope of entities required to submit documents by adding investment holding companies under Regulation (EU) 2019/2033 and updates cross-references within the existing regulatory framework. Additionally, the instruction clarifies the submission deadlines for consolidated balance sheets and income statements, requiring them to be transmitted by September 30 for the June 30 cutoff and by March 31 for the December 31 cutoff.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2022-I-07 amending Instruction No. 2017-I-24 regarding the transmission to the Prudential Control and Resolution Authority of accounting, prudential, and other information documents (Banking Sector) amended by Instruction No. 2019-I-07
The Prudential Control and Resolution Authority, Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions; Having regard to Standard-setting Authority Regulation No 2014-07 of 26 November 2014 relating to the accounts of companies in the banking sector; Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to the Commercial Code; Having regard to the Order of 3 November 2014 relating to internal control of companies in the banking, payment services, and investment services sectors subject to the supervision of the Prudential Control and Resolution Authority; Having regard to Instruction No. 2015-I-19 amended relating to the electronic signature of documents transmitted electronically to the Prudential Control and Resolution Authority (Banking Sector); Having regard to Instruction No. 2021-I-03 of 11 March 2021 relating to the implementation of unified reporting for banks and similar entities; Having regard to the opinion of the Prudential Affairs Consultative Commission of 11 December 2017; Having regard to the opinion of the Prudential Affairs Consultative Commission of 24 March 2022, DECIDES
Article 1: A paragraph is inserted at the end of Article 1 of Instruction No. 2017-I-24 regarding the transmission to the Prudential Control and Resolution Authority of accounting, prudential, and other information documents, as amended, worded as follows:
"10° Investment holding companies referred to in Article 4, paragraph 1, point 23 of Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on prudential requirements applicable to investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014."
Article 2: In Article 6 of the aforementioned Instruction, the words "referred to in 1° to 6° and 9°" are replaced by the words: "referred to in 1° to 6° and 9° and 10°".
Article 3: Article 11 of the aforementioned Instruction is worded as follows:
"The mapping of establishments, on a semi-annual and annual basis IMPLANTAT, the consolidated balance sheet BILA_CONS and the consolidated income statement RESU_CONS, the transmission of which to the ACPR is provided for by Instruction No. 2021-I-03 amended relating to the implementation of unified reporting for banks and similar entities, are communicated to the ACPR each semester no later than 30 September for the statement as of 30 June and 31 March for the statement as of 31 December, in accordance with the procedures defined by the aforementioned Instruction No. 2021-I-03."
Article 4: This Instruction enters into application the day following its publication. Paris, 11 April 2022 The Designated President, Denis BEAU