UNION MONETARY AND ECONOMIC COMMUNITY OF WEST AFRICA

REGIONAL COUNCIL OF PUBLIC SAVINGS AND FINANCIAL MARKETS

INSTRUCTION NO. 27/2001 RELATING TO THE INFORMATION THAT COMMERCIAL INTERMEDIARIES MUST TRANSMIT TO THE REGIONAL COUNCIL

---

Having regard to the Convention of July 3, 1996 establishing the Regional Council of Public Savings and Financial Markets, hereinafter referred to as the Regional Council;

Having regard to Article 25 of the Annex to said Convention, relating to the Composition, Organization, Operation and Attributes of the Regional Council;

Having regard to the General Regulation relating to the Organization, Operation and Control of the regional financial market of the UMOA, adopted by decision no. 001/97 of the Council of Ministers of November 28, 1997, particularly its Articles 23 to 102;

Having regard to decision no. 001/03/98 of the Council of Ministers of the West African Monetary Union in its session of March 27, 1998 modifying the provisions of Article 37 of the General Regulation;

Having regard to Instructions 4/97, 5/97, 6/97 and 16/98 of the Regional Council;

Having regard to the deliberations of the Regional Council in its session of March 27, 2001;

THE REGIONAL COUNCIL DECIDES:

Chapter 1 - Preliminary Provision

Article 1:
For the purposes of this Instruction, the term "Commercial Intermediaries" refers to:

• Management and Intermediation Companies,
• Wealth Management Companies,
• Account-Keeping Banks and Clearing Houses,
• Business Brokers, Stock Investment Advisors, and Agents approved by the Regional Council.

Chapter 2 - Annual Information

Article 2
Legal entity Commercial Intermediaries transmit annually to the Regional Council the following documents:

• the annual information sheet, the model of which is attached as an annex;
• the annual financial statements certified by auditors approved by the Regional Council, comprising the balance sheet, income statement, and supplementary notes;
• the general report and special report of the auditors;
• the internal controller's report containing the description of the organization of controls, the inventory of tasks performed in the exercise of the mission, the observations made by the internal controller, and the measures adopted following its recommendations;
• the annual management report containing the elements allowing for an assessment of the evolution of activity and financial situation, future prospects, and projected accounts;
• the minutes of the deliberations of the ordinary general meeting approving the accounts of the fiscal year.

The documents mentioned above must reach the Regional Council within thirty (30) days following the date of holding the ordinary general meeting called upon to approve the accounts of the fiscal year.

Article 3
Business Brokers, Stock Investment Advisors, and Agents who are natural persons establish on December 31 of each year a report allowing for an assessment of the evolution of their activities and containing the products received and charges borne during the past year.

This document must reach the Regional Council no later than January 31 of the following year.

Chapter 3 - Quarterly Information

Article 4
Legal entity Commercial Intermediaries communicate to the Regional Council, no later than one (1) month after the end of each quarter:

• the balance sheet,
• and the income statement.

Chapter 4 – Occasional Information

Article 5
Legal entity Commercial Intermediaries transmit to the Regional Council the minutes of all meetings of the Board of Directors and General Assemblies, no later than thirty (30) days after the holding of said meetings.

Furthermore, they inform the Regional Council of modifications concerning the characteristic elements included in the initial approval file, notably regarding shareholding, organization, and control.

Chapter 4 – Final Provision

Article 6
This Instruction shall be published.

Done at Abidjan, on March 27, 2001

For the Regional Council
The President
Lassana M. SACKO

---

ANNUAL INFORMATION SHEET
Fiscal Year N | Fiscal Year N-1
Date of closing of the fiscal year …./…./…. | …./…./….

I. OPERATING ACCOUNT

1. OPERATING REVENUE¹
2. OPERATING EXPENSES
   2.1 Other purchases and external charges
   (specify nature if at least equal to 10% of turnover)
   2.2 Taxes, levies and similar payments
   2.3 Staff costs (salaries, wages, social charges)
   2.4 Depreciation charges
   (specify nature if at least equal to 10% of turnover)
   2.5 Provision charges
   (specify nature if at least equal to 10% of turnover)
   2.6 Other operating expenses
   (specify nature if at least equal to 10% of turnover)
3. OPERATING PROFIT
4. FINANCIAL RESULT
   4.1 Financial income
   (specify nature if at least equal to 10% of turnover)
   4.2 Financial charges
   (specify nature if at least equal to 10% of turnover)
5. EXCEPTIONAL RESULT
   5.1 Exceptional income
   (specify nature if at least equal to 10% of turnover)
   5.2 Exceptional charges
   (specify nature if at least equal to 10% of turnover)
6. INCOME TAX ON PROFITS
7. NET RESULT (PROFIT OR LOSS)

II. ACTIVITY INDICATORS
1 NUMBER OF EMPLOYEES
2 TOTAL NUMBER OF SECURITIES ACCOUNTS ²
2.2 Retail clients
2.3 Institutional clients and legal entities
3 NUMBER OF SECURITIES ACCOUNTS UNDER MANAGEMENT MANDATE³
3.1 Retail clients
3.2 Institutional clients and legal entities

Classify the different commissions received by type of activity.
SGI & Account-Keeping Banks
SGI only