CBFA_2009_15 / Reporting obligations for public-interest public transport entities

rue du Congrès 12-14 | 1000 Bruxelles t +32 2 220 53 42| f +32 2 220 54 93 | www.cbfa.be Circular CBFA_2009_15 of 13 March 2009 Reporting obligations for public-interest public transport entities Scope:
Public-interest public transport entities subject to the provisions of the Royal Decree of 27 January 1998 implementing Article 10, § 2, of the Law of 21 November 1989 on compulsory liability insurance for motor vehicles. Summary/Objectives:
This circular provides an overview of the documents that public-interest public transport entities must submit annually to the CBFA, within a period of three weeks from the date of the general assembly. It includes, in its annexes, some examples of such documents. Madam, Sir, The Law of 21 November 1989 on compulsory liability insurance for motor vehicles provides, in its Article 10, § 2, that public-interest public transport entities may be authorized by the King to cover themselves the civil liability to which their motor vehicles may give rise. Entities that have obtained this authorization are required, under Article 4 of the Royal Decree of 27 January 1998 implementing Article 10, § 2, of the Law of 21 November 1989 on compulsory liability insurance for motor vehicles, to provide the CBFA with all useful information and to transmit to it all documents necessary for the fulfillment of its supervisory mission. The Banking, Finance and Insurance Commission has established a series of practical instructions to standardize the reporting procedure. This circular lists, in point I, the documents that must be submitted annually to the CBFA. It specifies, in point II, the applicable transmission deadline and sets out, in point III, various provisions concerning reporting.
I. Nature of documents to be sent

1. The annual accounts (balance sheet, income statement, and notes).
2. The annual management report of the board of directors to the general assembly.
3. The report of the auditor (or the board of auditors) to the general assembly.
4. The minutes of the general assembly.
5. The commercial brochure.
6. The technical reserve statistics (see Annex 1 for the statistics and Annex 3 for some explanatory notes concerning this statistics).
7. The questionnaire regarding technical reserves (see Annex 2 for the questionnaire and Annex 3 for some explanatory notes concerning this questionnaire).

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8. A detailed list of corresponding assets by investment category (Article 2, 3°, of the Royal Decree of 27 January 1998). This list will include the following data:

• for each security (title): the identification, the value indicated in the balance sheet assets, and the market value;
• for real estate: the identification (location), the value indicated in the balance sheet assets, the market value, and, where applicable, existing privileges and mortgages;
• for demand accounts and time deposits opened with a credit institution: the identity of the credit institution, the account number, and the amount;
• for claims: the identity of the debtor, the amount of the claim, the remaining balance due, the description, and the value of any pledge or guarantees received.
  The aforementioned annexes are available on the CBFA website (www.cbfa.be).
  In accordance with Article 2, 2°, of the Royal Decree of 27 January 1998, the entity may take into account, in the calculation of technical reserves, insurance contracts it has concluded that cover all or part of the obligations imposed on it by the aforementioned Law of 21 November 1989. If new insurance contracts have been concluded during the financial year or if modifications have been made to certain contracts compared to the previous financial year (for example, modification of the deductible amount or the insured amounts), a copy of the relevant contracts must be communicated to the CBFA. Otherwise, a simple confirmation that the contracts have remained unchanged will suffice. Finally, public-interest public transport entities must confirm that the contract they have concluded with the Belgian Office of Automobile Insurance (Article 2, 1°, of the Royal Decree of 27 January 1998) is still valid. A simple confirmation from the transport company will suffice.
  II. Deadline for transmission of documents
  Under Article 4 of the Royal Decree of 27 January 1998 implementing Article 10, § 2, of the Law of 21 November 1989 on compulsory liability insurance for motor vehicles, the CBFA requests that all documents be transmitted to it, in a single copy, no later than three weeks after the general assembly.
  III. Various provisions
  A. Date of the general assembly
  The CBFA reminds public-interest public transport entities each year of their annual reporting obligation. It also transmits to them the necessary information concerning the use of forms for the relevant financial year. Entities are requested to acknowledge receipt of this reminder and the information within fifteen days. They must communicate on their acknowledgment of receipt the date of the next general assembly. If, for one reason or another, the communicated date is changed, entities are requested to notify the CBFA. B. Identification and signature of documents To sufficiently identify the documents, the name of the entity and its code must be indicated on each piece or on the first page if the annex contains multiple sheets. All pieces, or the last page, if a document contains multiple pages, must be signed by a responsible representative of the entity.

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C. Cover letter
The documents requested in point I will be addressed to the CBFA, in paper version, accompanied by a letter listing the contents of the send.
The entire package is sent to the following address:
CBFA
Department CPP-PVA-LD
Rue du Congrès 12-14
1000 Brussels
D. Mention of the name of a CBFA collaborator
Public-interest public transport entities must in no case mention the name of a collaborator on the envelope containing pieces intended for the CBFA.
We ask you to believe, Madam, Sir, in the assurance of our distinguished consideration.
The President,
Jean-Paul SERVAIS
Annexes: - Statistics on Motor Vehicle Liability Insurance

• Questionnaire regarding technical reserves
• Explanatory note