Circular 5/2014 by the CNMV amending Circular 5/2008 on statistical reporting requirements for assets and liabilities of EU collective investment institutions. Filling Manual Technical Requirements

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92328
I. GENERAL PROVISIONS
NATIONAL SECURITIES MARKET COMMISSION
11564 Circular 5/2014 of 27 October by the National Securities Market Commission, amending Circular 5/2008 of 5 November on statistical reporting requirements for assets and liabilities of European Union collective investment institutions.

Circular 5/2008 of 5 November by the National Securities Market Commission on statistical reporting requirements for assets and liabilities of European Union collective investment institutions, pursuant to European Central Bank (ECB) Regulation (EC) No 958/2007, establishes the requirement to submit statistical information to Collective Investment Institutions (CIIs) that are not subject to Circular 1/2007 of 11 July by the National Securities Market Commission on statistical reporting requirements to European Union collective investment institutions, which partially amends Circular 2/1998 of 27 July on statistical reporting requirements to European Monetary Union collective investment institutions.

To comply with the current European Central Bank Regulation (EU) No 1073/2013 of 18 October 2013 on statistics on investment fund assets and liabilities (recast) (ECB/2013/38), it is necessary to adapt the OIF (Other Financial Intermediaries) models, regulated in Circular 5/2008 of 5 November, to the ECB's new informational needs.

Furthermore, venture capital entities (VCEs) and other types of collective investment institutions that, as a result of possible subsequent legislative changes, may be created and meet the definition of an investment fund under Article 1 of the aforementioned Regulation (EU) No 1073/2013 are included as obligated subjects.

Therefore, in accordance with the authorization contained in Article 22 of the Development Regulation of Law 35/2003 of 4 November on Collective Investment Institutions, approved by Royal Decree 1082/2012 of 13 July, the Council of the National Securities Market Commission, following a report from the Advisory Committee, in its meeting on 27 October 2014, has ordered:

Single Article. Amendment of Circular 5/2008 of 5 November by the National Securities Market Commission on statistical reporting requirements for assets and liabilities of European Union collective investment institutions.

Circular 5/2008 of 5 November by the National Securities Market Commission on statistical reporting requirements for assets and liabilities of European Union collective investment institutions is amended as follows:

One. Rule 1st is drafted as follows:
«Rule 1st Scope of application.
This Circular shall apply to all compartments or CIIs, in case they lack compartments, registered in the CNMV Register, whose investment focus is neither monetary nor short-term monetary, as defined in the annex of CNMV Circular 3/2011 of 9 June, nor whose investment policy or focus is to invest in monetary or short-term monetary compartments or CIIs or in those included in the list of monetary financial institutions (MFIs) published by the ECB. It shall also apply to venture capital entities (VCEs) registered with the CNMV. In any case, it shall apply to all compartments or CIIs, in case they lack compartments, and to VCEs (hereinafter CIIs and VCEs), which at any given time are included in the list of CIIs1 subject to Regulation 958/2007 published by the ECB.»

cve: BOE-A-2014-11564

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92329

Two. Section 1 of Rule 2nd is drafted as follows:
«1.a) CIIs and VCEs not subject to size exemption.
The CIIs included in the scope of this Circular, other than free investment CIIs and free investment CII-of-CIIs, and which have not been subject to size exemption (within the meaning of Rule 3rd of this Circular), shall submit to the CNMV the confidential information detailed below referring to the last day of the specified period, within the established deadlines and according to the models in the Annex of this Circular.

Status	Designation	Frequency	Maximum Submission Deadline
OIF1	Securities Information	Monthly	20th day of the month following the reference date.
OIF2	Summary Balance Sheet	Monthly	20th day of the month following the reference date.
OIF3	Operations Information	Monthly	20th day of the month following the reference date.

VCEs and free investment CIIs and free investment CII-of-CIIs included in the scope of this Circular, and which have not been subject to size exemption, shall submit the aforementioned information, with the same frequency and no later than the 20th day of the fourth month following the reference date.

1.b) CIIs and VCEs subject to size exemption.
The CIIs other than free investment CIIs and free investment CII-of-CIIs that have been subject to size exemption (within the meaning of Rule 3rd of this Circular), shall submit to the CNMV the confidential information detailed below referring to the last day of the specified period, within the established deadlines and according to the models in the Annex of this Circular.

Status	Designation	Frequency	Maximum Submission Deadline
OIF2e	Summary Balance Sheet	Quarterly	20th day of the month following the reference date.
OIF3e	Operations Information	Quarterly	20th day of the month following the reference date.

VCEs and free investment CIIs and free investment CII-of-CIIs included in the scope of this Circular and which have been subject to size exemption, shall submit the aforementioned information, with the same frequency and no later than the 20th day of the fourth month following the reference date.»

Three. Rule 3rd is drafted as follows:
«Rule 3rd General criteria for determining CIIs and VCEs subject to size exemption.
The CNMV shall annually propose to the Bank of Spain the granting of an exemption to the CIIs and VCEs with the smallest assets under management.

3.1 For the annual determination of CIIs and VCEs subject to size exemption, the following criterion shall be adopted: the assets managed by each investment management company or venture capital management company, and by self-managed investment or venture capital companies registered with the CNMV, shall be ordered from highest to lowest, and it shall be considered that CIIs and VCEs corresponding to the management companies (or self-managed investment or venture capital companies) for which, with the aforementioned ordering, the accumulated sum of assets represents at least 95% of the total assets of CIIs and VCEs covered by this Circular are not subject to exemption.

3.2 For the purposes of the preceding paragraph, management companies shall include both CIIS management companies (CIISMCs) and investment service companies and other entities providing investment services that, pursuant to Royal Decree 217/2008 of 15 February on the legal regime of investment service companies and other entities providing investment services and partially amending the Regulation of Law 35/2003 of 4 November on Collective Investment Institutions, approved by Royal Decree 1309/2005 of 4 November, manage CIIs; as well as VCE management companies (VCEMCs) and other entities that, pursuant to Law 25/2005 of 24 November regulating venture capital entities and their management companies, manage VCEs.

3.3 The CNMV shall propose to the Bank of Spain the granting of an exemption to the remaining CIIs and VCEs, and the Bank of Spain shall duly verify compliance with this condition to grant or revoke, as appropriate, any exemption with effect from the beginning of each calendar year.
The assets used for determining this exemption shall be those that CIIs must submit in their OIF statements referred to for the month of September or, failing that, the one communicated to the CNMV referred to the same month, except for free investment CIIs and free investment CII-of-CIIs and VCEs, whose statements shall be those referred to for the month of June. Exempt CIIs and VCEs may opt not to avail themselves of the exemption and comply with all requirements of non-exempt entities, although CIIs and VCEs exercising this option shall be obliged to obtain prior authorization from the Bank of Spain before introducing any changes in the use of this exemption.»

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OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92330

Single Transitional Provision.
In the case of VCEs, when preparing the list of exempt entities regulated in the new Rule 3rd of Circular 5/2008 of 5 November for the 2015 fiscal year, the reserved accounting statements of December 2013 shall be taken into account, or those declared, upon CNMV request, by those not yet obliged to submit reserved statements on that date.

Single Final Provision. Entry into force.

1. This Circular shall enter into force on the day following its publication in the «Official Gazette of the State».
2. The first information to be submitted in accordance with the new models shall refer to December 2014 operations (or the last quarter of 2014 in the case of exempt CIIs and VCEs) and balances as of 31 December 2014.

Madrid, 27 October 2014.–The President of the National Securities Market Commission, María Elvira Rodríguez Herrer. cve: BOE-A-2014-11564

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92331 FORM OIF1 SECURITIES INFORMATION CII Type:
Name:
Registration No.:
Compartment No.:
Management Company Type:
Name:
Registration No.:
Date:

Código ISIN emisión* (1)	Código emisor (2)	Descripción del valor (3)	Divisa (4)	Nº de títulos (5)	Importe nominal (6)	Intereses devengados en el período (7)	Cupones percibidos en el período (7)	Valor razonable (9)	Importe valores comprados (10)	Importe valores vendidos (11)	Importe valores emitidos (suscripciones) (12)	Importe valores amortizados (reembolsos) (13)	Dividendos percibidos en el período (14)

In euros.

• In the absence of an ISIN code, another public identification code is included (if none exists, code according to Technical Rule).
  For securities other than shares, this column includes accrued but unpaid interest.
  Models of the reserved statistical information statements

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92332 FORM OIF2 SUMMARY BALANCE SHEET CII Type:
Name:
Registration No.:
Compartment No.:
Management Company Type:
Name:
Registration No.:
Date:

Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount
ASSETS
1.	00010	01010	02010	03010	04010	05010	05310	05610	06310	06610	08010	09010
of which, accrued but unpaid interest	00020
1.1 Up to 1 year	02022	04022	05322	05622	06322	06622	08022	09022
1.2 Over 1 year	02024	04024	05324	05624	06324	06624	08024	09024
2. Participatory loans	00026
3. Debt instruments	00030
of which accrued but unpaid interest	00035
3.1 Euro
Up to 1 year	02050
Over 1 year and up to 2 years	02060
Over 2 years	02070
3.2 Foreign currencies
Up to 1 year	02090
Over 1 year and up to 2 years	02100
Over 2 years	02110
3.3 Total currencies
Up to 1 year	04130	05430	05730	06430	06730	08130	09130
Over 1 year and up to 2 years	04140	05440	05740	06440	06740	08140	09140
Over 2 years	04150	05450	05750	06450	06750	08150	09150
4.	00165	02165	03165	05765	06465	06765	08165
	02170	05770	06470	06770	08170
5.	00183	02183	03183
(3+4+5) of which pledged or temporarily sold	00186
6. Financial derivatives	00190
7. Non-financial assets (including fixed assets)	00200	01200
8. Other assets	00210
LIABILITIES
9. Deposits and loans received	00230
of which, accrued but unpaid interest	00240
9.1 Up to 1 year	02243	03243
9.2 Over 1 year	02246	03246
10. Participances/shares	00250	01250	02250	03250	04250	05250	05550	05850	06550	06850	08250	09250
11. Financial derivatives	00260
12. Other liabilities	00270

In euros.
In codes 00030, 00165, 00183 and 00186, the total of securities included in form OIF1 shall be reported.
In shaded cells, only securities included in form OIF1 without a reference code due to lacking a public identification code shall be reported.

Deposits and loans, excluding participatory loans	Equity instruments, excluding participances and shares in collective investment	Participances/shares in collective investment	TOTAL
RESIDENTS IN SPAIN
Total residents	MFIs	Households + non-profit institutions serving households	of which, listed shares,	Collective investment NON-MFIs	Other financial intermediaries + financial auxiliaries + Financial institutions of limited activity and money lenders	Insurance companies	Public administrations	Total non-MFIs	Other residents	Institutions other than MFIs	Pension funds	Non-financial companies	Total other residents

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92333 FORM OIF2 SUMMARY BALANCE SHEET CII Type:
Name:
Registration No.:
Compartment No.:
Management Company Type:
Name:
Registration No.:
Date:

Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount
ASSETS
1.	10010	11010	12010	13010	14010	14310	14610	15310	15610	17010	18010	19010
of which, accrued but unpaid interest
1.1 Up to 1 year	11022	13022	14322	14622	15322	15622	17022	18022	19022
1.2 Over 1 year	11024	13024	14324	14624	15324	15624	17024	18024	19024
2. Participatory loans
3. Debt instruments
of which accrued but unpaid interest
3.1 Euro
Up to 1 year	11050
Over 1 year and up to 2 years	11060
Over 2 years	11070
3.2 Foreign currencies
Up to 1 year	11090
Over 1 year and up to 2 years	11100
Over 2 years	11110
3.3 Total currencies
Up to 1 year	13130	14430	14730	15430	15730	17130	18130	19130	20130	21130	22130
Over 1 year and up to 2 years	13140	14440	14740	15440	15740	17140	18140	19140	20140	21140	22140
Over 2 years	13150	14450	14750	15450	15750	17150	18150	19150	20150	21150	22150
4.	11165	12165	14765	15465	15765	17165	19165	20165	21165	22165
	11170	14770	15470	15770	17170	19170	20170	21170	22170
5.	11183	12183	19183	20183	21183	22183
(3+4+5) of which pledged or temporarily sold
6. Financial derivatives
7. Non-financial assets (including fixed assets)	10200	19200
8. Other assets
LIABILITIES
9. Deposits and loans received
of which, accrued but unpaid interest
9.1 Up to 1 year	11243	12243	19243
9.2 Over 1 year	11246	12246	19246
10. Participances/shares	10250	11250	12250	13250	14250	14550	14850	15550	15850	17250	18250	19250
11. Financial derivatives
12. Other liabilities

In euros.
In shaded cells, only securities included in form OIF1 without a reference code due to lacking a public identification code shall be reported.
In codes 00030, 00165, 00183 and 00186, the total of securities included in form OIF1 shall be reported.

Deposits and loans, excluding participatory loans	Equity instruments, excluding participances and shares in collective investment	Participances/shares in collective investment	TOTAL
RESIDENTS REST OF EMU
Total residents rest of EMU	MFIs	Institutions other than MFIs	Other financial intermediaries + financial auxiliaries + Financial institutions of limited activity and money lenders	of which, non-rest EMU Member States	of which	USA	Pension funds	Non-financial companies	Households + non-profit institutions serving households
Insurance companies
of which	Japan	Total other residents rest of EMU	Collective investment NON-MFIs
REST OF THE WORLD
Total non-MFIs Public administrations	Other residents	Total rest of the world

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92334 FORM OIF3 OPERATIONS INFORMATION CII Type:
Name:
Registration No.:
Compartment No.:
Management Company Type:
Name:
Registration No.:
Date:

Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount
ASSETS
1.	00010	01010	02010	03010	04010	05010	05310	05610	06310	06610	08010	09010
of which accrued but unpaid interest	00020
1.1 Up to 1 year	02022	04022	05322	05622	06322	06622	08022	09022
1.2 Over 1 year	02024	04024	05324	05624	06324	06624	08024	09024
2. Participatory loans	00026
3. Debt instruments	00030
of which accrued but unpaid interest	00035
3.1 Euro
Up to 1 year	02050
Over 1 year and up to 2 years	02060
Over 2 years	02070
3.2 Foreign currencies
Up to 1 year	02090
Over 1 year and up to 2 years	02100
Over 2 years	02110
3.3 Total currencies
Up to 1 year	04130	05430	05730	06430	06730	08130	09130
Over 1 year and up to 2 years	04140	05440	05740	06440	06740	08140	09140
Over 2 years	04150	05450	05750	06450	06750	08150	09150
4.	00165	02165	03165	05765	06465	06765	08165
	02170	05770	06470	06770	08170
5.	00183	02183	03183
(3+4+5) of which pledged or temporarily sold	00186
6. Financial derivatives	00190
7. Non-financial assets (including fixed assets)	00200	01200
8. Other assets	00210
LIABILITIES
9. Deposits and loans received	00230
of which accrued but unpaid interest	00240
9.1 Up to 1 year	02243	03243
9.2 Over 1 year	02246	03246
10. Participances/shares	00250	01250	02250	03250	04250	05250	05550	05850	06550	06850	08250	09250
10.1 Participances/shares issued	00252	01252	02252	03252	04252	05252	05552	05852	06552	06852	08252	09252
10.2 Participances/shares redeemed	00254	01254	02254	03254	04254	05254	05554	05854	06554	06854	08254	09254
10.3 Merger equity	00256
11. Financial derivatives	00260
12. Other liabilities	00270

In euros.
In codes 00030, 00165, 00183 and 00186, the total of securities included in form OIF1 shall be reported.
In shaded cells, only securities included in form OIF1 without a reference code due to lacking a public identification code shall be reported.

Deposits and loans, excluding participatory loans	Equity instruments, excluding participances and shares in collective investment	Participances/shares in collective investment	TOTAL
RESIDENTS IN SPAIN
Total residents	MFIs	Institutions other than MFIs	Total non-MFIs	Public administrations	Other residents
of which, listed shares,
Households + non-profit institutions serving households
Collective investment NON-MFIs	Other financial intermediaries + financial auxiliaries + Financial institutions of limited activity and money lenders	Insurance companies	Pension funds	Non-financial companies	Total other residents

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92335 FORM OIF3 OPERATIONS INFORMATION CII Type:
Name:
Registration No.:
Compartment No.:
Management Company Type:
Name:
Registration No.:
Date:

Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount	Code	Amount
ASSETS
1.	10010	11010	12010	13010	14010	14310	14610	15310	15610	17010	18010	19010
of which accrued but unpaid interest
1.1 Up to 1 year	11022	13022	14322	14622	15322	15622	17022	18022	19022
1.2 Over 1 year	11024	13024	14324	14624	15324	15624	17024	18024	19024
2. Participatory loans
3. Debt instruments
of which accrued but unpaid interest
3.1 Euro
Up to 1 year	11050
Over 1 year and up to 2 years	11060
Over 2 years	11070
3.2 Foreign currencies
Up to 1 year	11090
Over 1 year and up to 2 years	11100
Over 2 years	11110
3.3 Total currencies
Up to 1 year	13130	14430	14730	15430	15730	17130	18130	19130	20130	21130	22130
Over 1 year and up to 2 years	13140	14440	14740	15440	15740	17140	18140	19140	20140	21140	22140
Over 2 years	13150	14450	14750	15450	15750	17150	18150	19150	20150	21150	22150
4.	11165	12165	14765	15465	15765	17165	19165	20165	21165	22165
	11170	14770	15470	15770	17170	19170	20170	21170	22170
5.	11183	12183	19183	20183	21183	22183
(3+4+5) of which pledged or temporarily sold
6. Financial derivatives
7. Non-financial assets (including fixed assets)	10200	19200
8. Other assets
LIABILITIES
9. Deposits and loans received
of which accrued but unpaid interest
9.1 Up to 1 year	11243	12243	19243
9.2 Over 1 year	11246	12246	19246
10. Participances/shares	10250	11250	12250	13250	14250	14550	14850	15550	15850	17250	18250	19250
10.1 Participances/shares issued	10252	11252	12252	13252	14252	14552	14852	15552	15852	17252	18252	19252
10.2 Participances/shares redeemed	10254	11254	12254	13254	14254	14554	14854	15554	15854	17254	18254	19254
10.3 Merger equity
11. Financial derivatives
12. Other liabilities

In euros.
In codes 00030, 00165, 00183 and 00186, the total of securities included in form OIF1 shall be reported.
In shaded cells, only securities included in form OIF1 without a reference code due to lacking a public identification code shall be reported.

Deposits and loans, excluding participatory loans	Equity instruments, excluding participances and shares in collective investment	Participances/shares in collective investment	TOTAL
RESIDENTS REST OF EMU	REST OF THE WORLD
Total residents rest of EMU	MFIs	Institutions other than MFIs	Total rest of the world
of which, non-rest EMU Member States
of which	USA
of which	Japan	Total non-MFIs
Public administrations	Other residents
Non-financial companies
Households + non-profit institutions serving households
Insurance companies
Pension funds
of which, listed shares,
Participances/shares in collective investment
Total other residents rest of EMU
Collective investment NON-MFIs
Other financial intermediaries + financial auxiliaries + Financial institutions of limited activity and money lenders

OFFICIAL GAZETTE OF THE STATE
No. 271 Saturday, 8 November 2014 Sec. I. Page 92336 FORM OIF