Regulation on the Form and Content of Financial and Statistical Reports of Entities Holding Licenses for Insurance and/or Reinsurance Distribution (NN, No. 142/22)

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Pursuant to Article 428, points 3 and 4 of the Insurance Act (Official Gazette, Nos. 30/15, 112/18, 63/20 and 133/20) and Article 19, paragraph 6 of the Accounting Act (Official Gazette, Nos. 78/15, 134/15, 120/16, 116/18, 42/20, 47/20 and 114/22), the Croatian Financial Services Supervisory Agency (HANFA) adopted on 30 November 2022 at a meeting of its Management Board the

REGULATION on the FORM AND CONTENT OF FINANCIAL AND STATISTICAL REPORTS OF ENTITIES HOLDING A LICENSE FOR THE PERFORMANCE OF INSURANCE OR REINSURANCE DISTRIBUTION

I. INTRODUCTORY PROVISIONS
Article 1.
This Regulation prescribes:

• the form and content of the semi-annual and annual financial reports by which insurance intermediary companies or insurance/reinsurance brokerage companies report to the Croatian Financial Services Supervisory Agency (hereinafter: HANFA) and other external users on their financial position and financial performance,
• the form and content of the semi-annual and annual statistical reports by which insurance intermediary companies, insurance/reinsurance brokerage companies, secondary insurance intermediaries, self-employed insurance agents, self-employed insurance brokers and/or reinsurers, credit institutions, the Financial Agency, HP - Hrvatska Pošta d.d., leasing companies and investment companies report to HANFA,
• the method and deadlines for reporting to HANFA.

II. FORM AND CONTENT OF FINANCIAL AND STATISTICAL REPORTS
Article 2.
(1) An insurance intermediary company or an insurance/reinsurance brokerage company shall prepare a financial report consisting of:

• the Statement of Financial Position (Balance Sheet) and
• the Income Statement.
  (2) The form and content of the financial report referred to in paragraph 1 of this Article are specified in the forms in Annex I. >Financial Reports of Insurance Intermediary Companies or Insurance/Reinsurance Brokerage Companies<, which form an integral part of this Regulation. (3) The entities referred to in paragraph 1 of this Article shall prepare the financial report referred to in paragraph 1 of this Article as at 30 June (semi-annual financial report) and 31 December (annual financial report).

Article 3.
(1) An insurance intermediary company, an insurance/reinsurance brokerage company, a secondary insurance intermediary, a self-employed insurance agent, a self-employed insurance broker and/or reinsurer, a credit institution, the Financial Agency, HP - Hrvatska Pošta d.d., a leasing company and an investment company shall prepare a statistical report. (2) The form and content of the statistical report referred to in paragraph 1 of this Article are specified in the form in Annex II. >Statistical Report on Invoiced Commission/Fee Amount<, which forms an integral part of this Regulation. (3) The entities referred to in paragraph 1 of this Article shall prepare the statistical report referred to in paragraph 1 of this Article as at 30 June (semi-annual statistical report) and 31 December (annual statistical report).

III. METHOD AND DEADLINES FOR SUBMISSION OF REPORTS
Article 4.
(1) The entities referred to in paragraph 1 of Article 2 of this Regulation shall submit the semi-annual financial report referred to in Article 2 of this Regulation to HANFA no later than the end of the month following the end of the semi-annual period for which the report is prepared. (2) The entities referred to in paragraph 1 of Article 2 of this Regulation shall submit the annual financial report referred to in Article 2 of this Regulation to HANFA no later than three months after the end of the calendar year for which the report is prepared. (3) The reports referred to in paragraphs 1 and 2 of this Article shall be submitted to HANFA in accordance with HANFA's technical instruction.

Article 5.
(1) The entities referred to in paragraph 1 of Article 3 of this Regulation shall submit the semi-annual statistical report referred to in Article 3 of this Regulation to HANFA by the end of the month following the end of the semi-annual period for which the report is prepared. (2) The entities referred to in paragraph 1 of Article 3 of this Regulation shall submit the annual statistical report referred to in Article 3 of this Regulation to HANFA no later than three months after the end of the calendar year for which the report is prepared. (3) The reports referred to in paragraphs 1 and 2 of this Article shall be submitted to HANFA in accordance with HANFA's technical instruction.

IV. CONDITIONS FOR INDICATING THE LEI CODE
Article 6.
(1) An insurance intermediary company shall indicate the LEI code as part of the reports referred to in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Regulation if:

• it provides insurance distribution services cross-border (based on the freedom to provide services and/or based on the right of establishment) in another Member State or
• it earns an annual commission amount exceeding EUR 132,800.00
  (2) Each insurance/reinsurance brokerage company shall indicate the LEI code as part of the reports referred to in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Regulation.

V. PROCEDURES IN EXTRAORDINARY CIRCUMSTANCES
Article 7.
In the event of an extraordinary or other circumstance affecting the fulfillment of obligations regarding the method and/or deadlines for submitting reports under this Regulation, entities holding a license to perform insurance and/or reinsurance distribution shall act in accordance with the applicable guideline or recommendation of EIOPA published pursuant to Article 2.a of the Insurance Act, and if no such guidelines or recommendations exist, such entities shall act in accordance with HANFA's instruction adopted pursuant to Article 204, paragraph 10 of the Insurance Act, which shall be published on HANFA's website or otherwise communicated to the entities referred to in Article 1 of this Regulation in an appropriate manner.

VI. TRANSITIONAL AND FINAL PROVISIONS
Article 8.
(1) The Regulation on the Form and Content of Financial and Statistical Reports of Entities Holding a License for the Performance of Insurance and/or Reinsurance Distribution (Official Gazette, No. 106/2020) shall cease to apply upon the expiry of the last day for submitting annual financial and statistical reports as at 31 December 2022. (2) The reports referred to in paragraph 1 of this Article for the year 2022 shall be submitted in the form and content prescribed by the provisions of the Regulation on the Form and Content of Financial and Statistical Reports of Entities Holding a License for the Performance of Insurance and/or Reinsurance Distribution (Official Gazette, No. 106/2020), but in the manner prescribed by Article 4, paragraph 3 and Article 5, paragraph 3 of this Regulation. (3) This Regulation shall be applied in full for the first time to semi-annual financial and statistical reports as at 30 June 2023, according to the list of forms in the Annex to this Regulation.

Article 9.
This Regulation shall be published in the Official Gazette and shall enter into force on 1 January 2023.

CLASS: 011-01122-04/10
REG. NO.: 326-01-T0-72-22-2
Zagreb, 30 November 2022.
CHAIRMAN OF THE MANAGEMENT BOARD dr. sc. Ante Žigman

ANNEX I.
FINANCIAL REPORTS OF INSURANCE INTERMEDIARY COMPANIES OR INSURANCE/REINSURANCE BROKERAGE COMPANIES

ANNEX II.
STATISTICAL REPORT ON INVOICED COMMISSION/FEE AMOUNT ---