Rule · NBB · 13 Mar 1990
Brokerage firms incorporated as companies are required to submit quarterly periodic statements (balance sheet, income statement, and annexes) to the Guarantee Fund starting from the 1990 fiscal year, with submissions due by the 20th of the month following the end of each quarter. The reporting template is based on the 'Rochette' accounting plan but introduces specific changes, such as grouping all securities into a single 'Positions' category and treating position results as operating results rather than financial results. A one-month extension is granted for the first quarter's submission, setting the deadline to May 20, 1990, while sole proprietor agents are exempt from this periodic obligation but must still submit a semi-annual situation by June 30, 1990.
Brussels, March 13, 1990.
C.G.W
CIRCULAR No 90/2
Dear Member,
WE have the honor to communicate to you the attached model of periodic statements that brokerage firms constituted as companies are invited to establish and transmit to the Guarantee Fund, according to the modalities described below.
These statements must enable the Guarantee Fund to effectively exercise its preventive control mission, namely:
As indispensable instruments of prudential control, their importance is highlighted in the draft law relating to financial operations and financial markets, since the obligation for stock exchange companies to provide information at least quarterly is the subject of a specific provision.
Part 1
Since the establishment of the Guarantee Fund, stockbrokers have been invited to provide their annual accounts. This first step allowed us to become aware of the financial situation of the firms. In a second stage, the transmission of financial situations moved to a semi-annual frequency. However, as announced in Circulars 88/1 and 88/2, this was an intermediate stage towards the transmission of information on a quarterly basis.
This transition period was justified both by the need for the Guarantee Fund to develop its own organization and by the efforts required by many firms to adapt and update their administrative and accounting organization.
Unless exceptional, this adaptation and updating process must have reached its conclusion, and brokerage firms should now be able to provide the requested information without major difficulties.
However, considering that the activity of stockbroker can no longer be exercised within the framework of a stock exchange company from January 1, 1991, it did not seem appropriate to subject stockbrokers who still temporarily exercise their activity as individuals to this periodic information obligation. These stockbrokers remain however required to communicate their semi-annual situation as of June 30, 1990 within the same time limits as those provided by this circular for periodic statements.
Part 2
The periodic statements essentially comprise two parts: on the one hand, a balance sheet and an income statement, and on the other hand, annexes. They are accompanied by detailed explanatory notes designed to guide firms in establishing the various statements. It goes without saying that the Guarantee Fund's services are available to members to provide any complementary information.
WE draw your particular attention to the following elements:
In the same spirit, the results on positions are considered to be the results of the operation of the brokerage firm and no longer as financial results;
Part 3
This issue relates to the organization of an accounting for off-balance sheet rights and commitments, which seemed preferable to address separately from these periodic statements. It will be the subject of a future circular;
These are essentially risks related to:
. the holding of a portfolio of securities for own account; . speculative activity (carry operations); . operations on instruments with high risk (options); . as well as the importance and age of claims on debtors.
Starting from the 1990 fiscal year, brokerage firms are invited to provide the Guarantee Fund, quarterly and before the 20th of the month following the end of the quarter, the requested information based on the model attached as an annex. Pre-printed copies of this model are available at the Secretariat of the Guarantee Fund as well as at the registries of the Stock Exchange Commissions of the Kingdom.
Given the date of publication of this circular and the time necessary for firms to adapt to the new procedure, the deadline for communicating the statements concerning the first quarter is extended by one month and set to May 20, 1990.
Part 4
Firms that encounter major difficulties in establishing certain of the requested statements are invited to voluntarily contact the services of the Guarantee Fund in order to allow a case-by-case examination of these difficulties and to find appropriate solutions.
Please accept, dear Member, the expression of our distinguished sentiments.
A. NIESTEN,
Managing Director
J. REYERS,
President
PERIODIC STATEMENTS
Firm Name ..................
Situation as of ...............
1. ASSETS
I. Establishment costs
II. Intangible fixed assets
III. Tangible fixed assets
IV. Financial fixed assets
A. Affiliated companies and companies with which there is a participation link:
1. Participations
2. Claims
B. Other financial fixed assets
C. Cash deposits as guarantees
V. Claims
A. Commercial claims
1. Private clients
2. Professional clients & counterparties
3. Partners
4. Other commercial claims
5. Doubtful claims
B. Other claims
1. Partners
2. Other claims
VI. Positions
A. Securities
1. Currencies and precious metals
VII. Cash placements and available values
A. Time deposits
1. Deposits of more than one month
2. Deposits of one month or less
B. Current accounts, cash
C. Other available values
VIII. Adjustment accounts
Total
2. LIABILITIES
I. Capital
II. Share premiums
III. Revaluation reserves
IV. Reserves
V. Retained earnings (+) or accumulated loss (-)
VI. Result at the end of the period
VII. Provisions for risks and charges
VIII. Liabilities of more than one year
A. Subordinated loans
B. Financial liabilities
C. Other liabilities
IX. Liabilities of one year or less
A. Financial liabilities
B. Commercial liabilities
1. Private clients
2. Professional clients & counterparties
3. Suppliers of goods and services
4. Other commercial liabilities
C. Tax, social, and wage liabilities
D. Other liabilities
1. Partners
2. Other liabilities
X. Positions
XI. Adjustment accounts
Total
3. INCOME STATEMENT
I. Services
A. On securities:
1. Brokerage fees
2. Commissions
3. Net results on positions
3.1 Net results
3.2 Income
4. Custody fees
5. Other income
B. On currencies and precious metals:
1. Net results on positions
2. Commissions
3. Other results
C. Other operating income:
II. Cost of services
A. Various goods and services:
B. Remuneration, social charges, and pensions:
C. Depreciations and value reductions:
D. Provisions for risks and charges:
E. Other operating expenses:
III. Operating profit (loss)
IV. Financial income
A. Income from financial fixed assets:
B. Income from cash placements:
C. Other financial income:
V. Financial charges
A. Charges on liabilities:
1. Credit institutions
2. Interest on commercial liabilities
3. Other charges
B. Other financial charges:
VI. Current profit before taxes
VII. Extraordinary results
VIII. Profit (loss) before taxes
IX. Taxes
C. Result at the end of the period
4. ANNEXED STATEMENT No 1: DETAIL BY CATEGORY OF POSITIONS IN SECURITIES
Bullish Bearish Total
(1) (2) (1) (2) (3) (4) (5)
1. SHARES
A. Listed shares
B. Unlisted shares
2. DEBT SECURITIES
A. Listed debt securities
1. State and public sector debt securities
2. Other debt securities
B. Unlisted debt securities
1. Treasury bills
2. Others
3. UNITS IN COLLECTIVE INVESTMENT UNDERTAKINGS
4. OTHERS
A. Listed instruments
B. Unlisted instruments
5. TOTAL
A. Values denominated in BEF a. Values denominated in currencies (converted to BEF) B. Foreign values
C. Total
(1) Belgian values, denominated in BEF or currencies (converted to BEF).
(2) Foreign values, denominated in BEF or currencies (converted to BEF).
(3) Total of Belgian and foreign values on the bullish side.
(4) Total of Belgian and foreign values on the bearish side.
(5) Net position (bullish positions minus bearish positions).
5. ANNEXED STATEMENT No 2: FORWARD OPERATIONS
Amounts of Operations in progress
At the end of the quarter
Stock Exchange of Brussels Other Forward Operations Forward Market in Securities To purchase To sell To purchase To sell
6. ANNEXED STATEMENT No 3: CARRY OPERATIONS
Q1 Q2 Q3 Q4 Q5 Q6
A. By category of carry
B. By category of order givers
C. Information relating to carry operations in progress.
(1) Amount of guarantees deposited at the request of the Forward Cooperative: . . . . . . . . . . . . . .
(2) a) Amount financed by banks: . . . . . . . . . . . . . . b) Amount of additional guarantees: . . . . . . . . . . . . . .
7. ANNEXED STATEMENT No 4: OPTIONS TRADED.
A. Status of received positions and coverages.
Call
Put
Amount of margins
Positions (1) Securities (2)
B. Status of coverages given.
(Please specify the name of the organization or depositary intermediaries of the coverages - POM, POCM, clearing member,...):
Coverages
In cash In securities (2)
(1) Amount of positions: number of contracts x number of securities per contract x underlying value evaluated at market price.
(2) Securities valued at market price.
(3) Amount of positions: number of contracts x number of securities per contract x exercise price of the option.
8. ANNEXED STATEMENT No 5: COMMERCIAL CLAIMS DUE FOR MORE THAN ONE MONTH AND DOUBTFUL CLAIMS
A. Commercial claims included under sub-items V.A.1 to 4 of the assets Account number, debit balance, comments Company name 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
.
Total
a. Doubtful claims (sub-item V.A.5 of the assets) Account number, debit balance, provisions Company name, securities 1.
2.
3.
4.
Comments
.
Total
9. ANNEXED STATEMENT No 6: ONGOING LITIGATION.
1. Evolution of litigation previously reported
File date 1st communication Amount Status of coverage 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
.
2. List of insurance policies
Insurer(s) Risks covered
1. Cause (1) Procedure (2) Insurance
Maximum coverage amount Deductible amount
2.
3.
4.
5.
3. Description of new litigation
Please mention: file name; origin and nature of the litigation; amount involved; status of the procedure; insurance policy; estimation regarding the outcome and consequences of the litigation.
1) Litigious claims: positive sign.
Litigious debts & commitments: negative sign.
2) To be filled in once a year, except in case of change during the year.
10. COMMENTS RELATING TO VARIOUS ITEMS OF THE PERIODIC STATEMENTS AND TO THE ANNEXED STATEMENTS
1. GENERALITIES
The periodic statements will be established on the pre-printed model that the Guarantee Fund and the Stock Exchange Commissions will make available to members. Firms wishing to communicate the periodic statements on magnetic media are invited to contact the services of the Guarantee Fund.
The periodic statements form a whole: the balance sheet (active and passive), the income statement, as well as all annexes will be transmitted by the firms. The annexed statements that do not apply to them will bear the mention "not applicable".
The model of the balance sheet (active and passive), as well as the income statement, includes for indicative purposes next to each line, the corresponding account numbers of the "Rochette" accounting plan.
2. BALANCE SHEET (ACTIVE AND PASSIVE)
2.1. The figures to transmit for the balance sheet (active and passive) are those finalized on the last day of the concerned quarter (3X.T.19XX), on the one hand, and those finalized on the last day of the previous quarter (3X.T-1.19XX), on the other hand.
2.2. Comments
C. "Cash deposits as guarantees": cash deposits made as permanent guarantees to certain institutions and companies (RTT guarantees, rental guarantees,...) are recorded under this sub-item. Guarantees in the form of securities remain classified under the item of positions in securities (item VI-A. of the assets or X. of the liabilities).
The rules for evaluating financial fixed assets are those stated in articles 29 § 2 and 34 of the Royal Decree of October 8, 1976.
In substance:
participations and shares are subject to value reductions in case of permanent loss of value or depreciation justified by the situation, profitability, or prospects of the company in which the participation or shares are held.
Claims recorded under financial fixed assets are subject to value reductions if their repayment at maturity is in whole or in part uncertain or compromised;
participations and shares may be revalued when the value of these, determined based on their utility for the company, presents a certain and permanent excess compared to their book value.
Revaluation reserves are credited directly to item III. of the liabilities "Revaluation reserves" and are maintained there as long as the participations and shares to which they relate are not realized. These reserves may, however, be cancelled to the extent of subsequent losses, for the unamortized amount.
claims (item V. of the assets)
A. Commercial claims (item V. A. of the assets): this sub-item comprises five subdivisions:
B. Other claims (sub-item V.B. of the assets): the following claims are recorded under this sub-item:
(1) In the periodic statements, the notion "stockbroker" refers to the function of the latter: it can therefore mean, depending on the case, stockbroker as a natural person, stock exchange company, brokers & dealers, etc...
B. "Currencies and precious metals": under this item is recorded the center-value in BEF of the stock allocated to the trade of currencies and precious metals.
14.
2. Evaluation of positions.
Positions in securities, currencies, and precious metals are valued at the rate of the last day of the quarter.
The results on securities (results of exchange and results of the conversion into BEF of the currency in which these values are expressed) are included under the item “I.A.3. Net results on positions” of the income statement. The results on currencies and precious metals are included under the item “I.B.1. Net results on positions” of the income statement. To the extent that the firm has adopted a method of accounting for its securities operations allowing it to distinguish, operation by operation, the realized results from the unrealized results, the firm is authorized to record the positive revaluation results of its positions in regularization accounts, rather than in the income account. In this accounting method, the acquisition value of the securities will be fixed in accordance with the provisions of Article 33 of the Royal Decree of October 8, 1976 determining the authorized valuation methods. A specific regularization account entitled “Unrealized capital gains on positions” will be listed separately in the active and passive situation of the periodic statements. Entries relating to the recording of unrealized capital gains will be reversed on the first day of the following period.
b
15.
‘. .
16.
3. INCOME STATEMENT
3.1. The figures to be transmitted for the income statement are the cumulative figures as of the closing date of the quarter (3X.T.19XX), on the one hand, and those relating to the corresponding quarter of the previous accounting year (3X.T.19XX-1), on the other hand.
3.2. Comments
17.
3. "Net results on positions": this sub-item comprises two subdivisions:
B. Services on currencies and precious metals (item I.B. of the income statement): this item is subdivided into three sub-items:
1. "Net results on currencies and precious metals": these are the net results - that is to say the difference between purchases and sales, taking into account the variation in stock - of the currency dealer (banknotes) and precious metals, as well as the results accrued upon the revaluation of stocks.
2. "Commissions": this refers to the remuneration that the stockbroker receives for his activities as a broker in currencies and/or precious metals. In this type of transaction, the role of the stockbroker is to bring the parties together in exchange for a commission.
3. "Other results".
C. Other operating income (item I.C. of the income statement): this refers to income that has no link with the activity of the stockbroker in securities, currencies, or precious metals (insurance recoveries, rental income from real estate,...).
(4) We recall the possibility of recording - under certain conditions - unrealized capital gains in a regularization account (see page 14).
18.
19.
4. ANNEXED STATEMENTS
4.1. Annexed statement no 1 relating to positions in securities
Annexed statement no 1 includes the detail of the firm's long and short positions (items VI.A. of the asset or X. of the liability) by category of securities.
For each category of value, the total amount of values with a long position and the total amount with a short position will be indicated. These amounts will be subdivided into Belgian values [columns (1)] and foreign values [columns (2)]. In the "Total" columns, it is necessary to make, by category, the total of Belgian and foreign values long [column (3)] and the total of Belgian and foreign values short [column (4)]. In column (5), it is necessary to include by category, the net position (long positions minus short positions). It is therefore not requested a complete list of listed shares, unlisted shares, etc..., but totals by category. Regarding the classification of securities to be included in the categories mentioned in the annexed statement, listed values are to be considered as those admitted to the listing of an officially recognized stock exchange for securities. The following categories of securities are:
r
.
3.
20.
"Units in collective investment undertakings": this item includes any form of unit or certificate issued by collective investment undertakings in securities and derivatives, currencies, precious metals, short-term investment instruments, real estate, or a combination of these instruments, without regard to the legal qualification of the undertaking or the manner of formation of the price of these units or certificates. This includes in particular certificates representing units in common investment funds, variable or fixed capital investment companies, market index funds, real estate certificates,... The social shares of portfolio companies whose activity is based mainly on the holding of participations in one or more subsidiaries, conferring on them, in law or in fact, the power to direct the activity of these subsidiaries, and/or which are recognized as such by the supervisory authorities, are to be considered for this annex as shares.
4. "Divers": this item includes positions in other instruments than those enumerated above, notably options.
Purchased options are considered as long positions, issued options as short positions.
Positions in financial futures and new financial instruments are not included in Annexed statement no 1.
In row 5. "Total", the distinction by column is made between (A) the total amount of values denominated in BEF and (B) the total of those denominated in foreign currencies (converted into BEF). The values included in this annex are valued at the rate of the last day of the quarter (see comments under item "VI. Positions" of the asset).
21.
4.2. Annexed statement no 2 relating to forward transactions.
Annexed statement no 2 concerns the record of forward transactions in securities at the rate on the last day of the quarter concerned.
It is the total amount - on the last day of the quarter - of purchases and sales carried out by the stockbroker during the current fortnight, and reported according to the quality of the order givers. It should be noted that transactions at the rate for the account of staff members also include the positions that they have taken for the account of clients for whom they personally have a mandate to carry out operations (let us mention client accounts in the name of the spouse of this member or his family, etc...). Forward transactions in securities at the rate carried out on foreign exchanges, as well as transactions in securities carried out off-exchange, the settlement (payment and delivery) of which will take place only after a period agreed between parties, are listed under "Other forward transactions in securities at the rate". Operations in new financial instruments (financial futures, options, swaps, FRA, etc...) are not included in this table.
22.
4.3. Annexed statement no 3 relating to carry-over operations.
Annexed statement no 3 concerns, for each end of fortnight of the quarter (Q1 to Q6), the detail of carry-over operations long and short, on the one hand, by category of carry-over (carry-over on exchange, carry-over at bank, carry-over by own means), and on the other hand, by category of order givers (private and professional clients, associates, staff or for the account of the firm itself). Carry-over positions for the account of staff members also include the positions that they have taken for the account of clients for whom they personally have a mandate to carry out operations (for example, client accounts in the name of the spouse, members of their family, etc...). Item C. of Annexed statement concerns additional information relating to carry-over operations of the fortnight at the rate (Q6). It is necessary to mention:
a) for what concerns carry-overs carried out on exchange, the amount of guarantees deposited at the request of the Forward Cooperative; b) for what concerns carry-overs at bank:
23.
4.4. Annexed statement no 4 relating to issued options.
Annexed statement no 4 concerns the detail of options negotiated (limited to issued options) by the firm, for the account of various categories of order givers.
The first part of Annexed statement concerns the amount of positions and hedges, according to various categories of order givers.
A distinction is made between call and put.
For the first category, issued call options, the amount of positions is calculated as follows: number of contracts x number of securities per contract x underlying value evaluated at the market rate. For the second category, issued put options, the amount of positions is calculated as follows: number of contracts x number of securities per contract x exercise price of the option. The second part of the table concerns the status of hedges given, by the stockbroker himself, to intermediaries involved in the execution and/or settlement of operations in options (e.g. POCM, POM, POCL for options negotiated on the Bourse).
24.
4.5. Annexed statement no 5 relating to commercial receivables due for more than one month and doubtful receivables.
Annexed statement no 5 comprises two parts.
The first part concerns receivables (5) from clients and counterparties who are debtors in cash for an amount equal to or greater than 5% of equity (the sum of items I. to VI. of the liability), with a minimum of one million BEF, and which are in whole or in part due for more than one month. The second part concerns doubtful receivables included under item V.A.5. of the asset, the amount of which is equal to or greater than 5% of equity (the sum of items I. to VI. of the liability), with a minimum of one million BEF. The receivables will be arranged in descending order; they will be identified by their internal number to the firm for what concerns private clients and by their company name for any other creditor (institutional clients, bankers, agents, correspondents,...). The firm will add the comments it deems useful for the appreciation of risk (real and personal securities, debits authorized by the firm (remunerated or not), repayment plans ...). (5) This refers to the set of cash accounts in the name of a client or a counterparty. I
I ”
25.
4.6. Annexed statement no 6 relating to litigation at the rate.
Annexed statement no 6 of litigation at the rate concerns an overview of the litigation with which the firm is confronted.
This includes in particular litigation with staff members, clients, suppliers, insurers or public administrations involving an amount exceeding 5% of the firm's equity (the sum of items I. to VI. of the liability), with a minimum of one million BEF. Litigation relating to opposition procedures will be considered as a single litigation: the amount to be communicated is the sum of the amounts of the individual litigations involved. Annexed statement no 6 comprises three parts:
26.
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A newer document in RegAlert amends this one; it applies as amended.
“This circular aims to modify the reporting tables communicated to the Commission quarterly by securities firms in accordance with Circulars 90/2 of March 13, 1990”
“modify the reporting tables... in accordance with Circulars 90/2 of March 13, 1990”
Amended 2 times · last 2001-12-10
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