sept 2009 financial services industry monthly bulletin

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September 2009

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The Financial Services Industry Monthly Bulletin is a banking and finance law publication by Reff & Associates (correspondent law firm of Deloitte Romania) and Deloitte Tax. Each month, our specialist team of finance lawyers and tax advisors will keep you updated with the latest legal, regulatory and tax developments in the financial services industry in Romania as well as with the recent changes and trends in the international financial regulations. The areas covered by our bulletin include: Banking and non-banking financial institutions Capital markets Insurance companies Private pension funds

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Page 1: Sept 2009 Financial Services Industry monthly bulletin

September 2009

Page 2: Sept 2009 Financial Services Industry monthly bulletin

Domestic regulatory updates 3

1. Banking 4

2. Insurance 5

3. Private pensions 6

4. Capital Markets 7

International regulatory updates 8

Page 3: Sept 2009 Financial Services Industry monthly bulletin

Financial Services Industry Monthly Bulletin 8

Page 4: Sept 2009 Financial Services Industry monthly bulletin

4

Issuer: National Bank of Romania (“NBR”)

NBR amends know your customer legal

framework in view of preventing money

laundering and financing of terrorism

NBR issued Regulation no. 16/2009 for the

amendment of NBR’s Regulation no. 9/2008

regarding know your customer procedures in

view of preventing money laundering and

financing of terrorism (“Regulation 16/2009”).

The main amendments brought by Regulation

16/2009 refer to:

a) Identification of individuals

The following amendments were brought

to the minimum identification criteria of the

individuals: instead of “nationality”, the

identification data shall comprise

“citizenship”;

“Important Public Function” held by the

client, shall be mandatory disclosed only in

case of clients residing abroad.

b) Implementation

The term for implementing the measures

regarding knowing the customers is extended to

18 months, starting with the date when the

managing bodies of the company shall approve

the norms for knowing the customers.

Regulation 16/2009 was published in the Official

Gazette no. 626/21.09.2009 and may be

accessed here

NBR amends the legal framework regarding the

authorization of credit institutions, Romanian

legal entities, and branches of credit institutions

from third party states

NBR issued Regulation no. 17/2009 for the

amendment of NBR’s Regulation no. 11/2007

regarding the authorization of credit institutions,

Romanian legal entities, and branches of credit

institutions from third party states (“Regulation

17/2009”). The main amendments brought by

Regulation 17/2009 refer to:

The general criteria for the evaluation of

significant shareholders

The contribution to the share capital must be

paid through credit institutions or financial

institutions supervised by proper authorities form

member states or from third party states

considered to have similar systems with those

from European Union against money laundering

and financing of terrorism.

The documentation necessary for the

issuance of the set up authorization

Each direct/indirect shareholder, legal entity,

except for the credit institutions/non banking

financial institutions registered with the special

registry, Romanian legal entities, shall submit

estimations of the balance sheet and profits &

loss accounts for the following 3 years, at

individual or consolidated level, signed by the

shareholders and accompanied by the

substantiation of the forecasted values.

Regulation 17/2009 was published in the Official

Gazette no. 626/21.09.2009 and may be

accessed here

NBR adopted a new regulation regarding the

administration framework of credit institutions’

activity, the internal process of evaluation of

capital adequacy to risks and the conditions of

outsourcing their activities

NBR issued Regulation no. 18/2009 regarding

the administration framework of credit

institutions’ activity, the internal process of

evaluation of capital adequacy to risks and the

conditions of outsourcing their activities.

The new Regulation shall be applicable to credit

institutions, Romanian legal entities, as well as to

branches of credit institutions from third party

states, regulating on individual and/or, upon the

case may be, consolidated or sub-consolidated

level, and on the level of cooperatives, the

general framework for the administration of the

activity of credit institutions, the internal process

of evaluation of capital adequacy to risks and the

conditions of outsourcing their activities.

On 30th of June 2010, NBR’s Norm no. 17/2003

regarding the organization and internal control

of the activity of credit institutions and the

administration of the significant risks, as well as

the organization and performance of internal

audit within credit institutions shall be repealed.

The above mentioned Regulation was published

in the Official Gazette no. 630/23.09.2009 and

may be accessed here

The reference interest rate applicable for the

month of September was set by NBR at 8.53 %

per annum.

The reference interest rate above mentioned was

set through NBR’s Circular no. 32/2009,

published in the Official Gazette no.

603/1.09.2009, which may be accessed here

Page 5: Sept 2009 Financial Services Industry monthly bulletin

Financial Services Industry Monthly Bulletin 5

Issuer: Insurance Supervision Commission

(“ISC”)

ISC approved the Norms regarding the Insurance

Pool against natural disasters

ISC issued Order no. 17/2009 for the application

of the Norms regarding the insurance pool

against natural disasters. The above mentioned

Order was published in the Official Gazette no.

610/7.09.2009 and may be accessed here

ISC approved the Norms regarding the

organization principles of a system of internal

control and risk management, as well as the

organization and development of the activity of

internal audit in case of insurance/reinsurance

companies

ISC issued Order no. 18/2009 for the approval of

the Norms regarding the organization principles

of a system of internal control and risk

management, as well as the organization and

development of the activity of internal audit in

case of insurance/reinsurance companies.

The above mentioned Order was published in

the Official Gazette no. 621/16.09.2009 and

may be accessed here

ISC amended the current legal framework

regarding the authorization of insurers for the

execution of the compulsory insurance of the

dwellings against earthquakes, landslides or

flooding.

ISC issued Order no. 19/2009 for the

amendment of the Norms regarding the

authorization of insurers for the execution of the

compulsory insurance of the dwellings against

earthquakes, landslides or flooding,

implemented through ISC’s Order no. 23/2008.

The above mentioned Order was published in

the Official Gazette no. 621/16.09.2009 and

may be accessed here

Page 6: Sept 2009 Financial Services Industry monthly bulletin

6

Issuer: Private Pension System Supervision

Commission (“PPSSC”)

PPSSC approved the Norms regarding the use of

personal assets of the participant to a voluntary

pension fund

PPSSC issued Decision no. 22/2009 for the

approval of Norm no. 14/2009 regarding the use

of personal assets of the participant to a

voluntary pension fund.

Upon it’s entering into force, namely 2.09.2009,

PPSSC’s Norm no. 17/2008 regarding the use of

personal assets of the participant to a voluntary

pension fund in case of invalidity and death shall

be repealed.

The above mentioned Decision was published in

the Official Gazette no. 606/2.09.2009 andmay

be accessed here

Page 7: Sept 2009 Financial Services Industry monthly bulletin

Financial Services Industry Monthly Bulletin 7

Issuer: National Securities Commission (“NSC”)

NSC imposes the obligation for establishing

audit committees in case of certain regulated

financial institutions.

NSC adopted on 23.09.2009 decision no.

15/2009 in accordance to which financial

investment services companies, asset

management companies and undertakings in

collective investments for transferable securities

established through Articles of Association must

establish an audit committee, formed from non

– executive members of the board of directors

and/or supervisory council, with the observance

of the legal provisions.

The text of the decisions above mentioned may

be accessed here

Page 8: Sept 2009 Financial Services Industry monthly bulletin
Page 9: Sept 2009 Financial Services Industry monthly bulletin

Financial Services Industry Monthly Bulletin 9

The European Union adopted a Community

program for supporting the specific activities

within financial services industry, financial

reporting and audit.

European Parliament and the Council adopted

Decision no. 716/2009/CE for establishing a

Community program for supporting the specific

activities within financial services industry,

financial reporting and audit.

The said Decision was published in the Official

Journal of the European Union no. L

253/25.09.2009 and may be accessed here

Page 10: Sept 2009 Financial Services Industry monthly bulletin

Reff & Associates is the correspondent law firm of Deloitte Romania, fully

integrated with the Deloitte multi-disciplinary advisory practice and affiliated to a

network of law firms and legal departments working with Deloitte all over the

world. Deloitte’s correspondent legal practice provides assistance to clients in

Romania on various matters pertaining to mergers and acquisitions, corporate

and commercial law, finance, banking and capital markets, real estate, project

finance, employment, competition, fiscal and commercial litigation, and

intellectual property.

In the financial services sector, Reff & Associates provides the full range of services

to banks and financial institutions, including:

- Finance deals: transaction support in bilateral and syndicated loans, loan

workouts, securitisation, loan transfers and assists in drafting and

negotiating the transaction documentation (loan agreements, security and

other ancillary documentation).

- M&A transactions in the financial services sector: advice on the structure

of the transaction, the pre-contractual documentation, due diligence,

drafting/negotiating the purchase agreements and assisting the

implementation of the transaction.

- Regulatory assistance: ongoing assistance with respect to the specific

legal and regulatory requirements applicable to banks / non banking

financial institutions operating in Romania, development of new

financial products, representation in front of the regulators (National

Bank of Romania, Insurance Supervisory Commission, Securities

Commission etc.).

Andrei Burz Pinzaru

Partner

+ 40 21 207 52 05

[email protected]

Simina Mut

Manager

+ 40 21 207 52 69

[email protected]

Leontin Trifa

Manager

+ 40 21 207 53 13

[email protected]

Page 11: Sept 2009 Financial Services Industry monthly bulletin

George Mucibabici Chairman

tel: + 40 21 207 52 55

e-mail: [email protected]

Audit Santiago Pardo

Partner

tel: + 40 21 207 54 92

e-mail: [email protected]

Enterprise Risk Services Gary Bauer

Director

tel: + 40 21 207 52 19

e-mail: [email protected]

Financial Advisory Antonis Ioannides Partner

tel: + 40 21 207 56 26

e-mail: [email protected]

Tax Rodica Segarceanu

Partner

tel: + 40 21 207 52 31

e-mail: [email protected]

Legal Andrei Burz-Pinzaru

Partner, Reff&Associates

correspondent law firm of Deloitte Romania

tel: + 40 21 207 52 05

e-mail: [email protected]

Consulting Razvan Horobeanu Manager

tel: + 40 21 207 53 57

e-mail: [email protected]

Actuarial & Insurance Solutions Slawomir Latusek

Consultant

tel: + 48 (22) 511 04 54

e-mail: [email protected]

Page 12: Sept 2009 Financial Services Industry monthly bulletin

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© 2009 Deloitte Romania