Reporting system (bank)
Reporting system ( English regulatory reporting ) is in the range of the banks and financial services provider , the name of their legal obligation to satisfy a plurality of display duties to the Banking . Often this task is carried out internally by departments of the same name.
General
No other branch of the economy - apart from insurance - is affected by such extensive reporting and reporting requirements as the banking industry . These notification and reporting obligations result from laws and special ordinances and are to be fulfilled by institutions that are subject to notification and reporting requirements (subject to notification). Certain reporting times must be observed. The addressees of the notifications and reports are the Deutsche Bundesbank and / or the Federal Financial Supervisory Authority . The banks use special software in their accounting to ensure that advertisements and reports are created in accordance with the law and on time. The purpose of the reports is - in addition to statistical purposes - to inform the banking supervisory authority about current transactions in the credit system so that it can intervene in the context of microprudential supervision in the event of negative developments. This is to ensure the stability of the financial system .
history
The reporting system was first introduced in Germany in December 1931 by the first Banking Act (KWG). With regard to the reporting requirements, the aim of this law was to monitor the high-risk lending business in the banking sector. This reporting obligation was - and is - triggered by exceeding a certain absolute amount of loans ( million loans ) or by reaching a certain ratio of loans to liable equity ( large loans ).
Since January 1, 2014, special reporting requirements have arisen from the European Capital Adequacy Regulation (CRR). According to Art. 99 CRR financial information, Art. 100 repurchase agreements and securities lending transactions , Art. 101 CRR losses from real estate financing or according to Art. 394 (1) CRR large exposures must be reported. According to Art. 430 CRR, the credit institutions have to report the leverage ratio to the supervisory authorities; Art. 499 CRR has allowed them to be reported as monthly averages at the end of the quarter since January 2014. Even stress tests (Art. 177 CRR) are part of the reporting. The notifications are sent to the addressees by means of a pre-printed electronic reporting system. In addition, according to Art. 431 ff. CRR certain disclosure obligations towards market participants, supplemented in Germany by the Solvency Regulation .
Legal issues
Today's KWG only speaks of notifications, the CRR mainly of reporting obligations (Art. 99, 100, 101, 394, 415 CRR). Most of the notification requirements result from Section 24 KWG. In terms of the legal system, the KWG differentiates here between immediate, case-by-case reports (Section 24 (1) KWG) and regular annual reports (Section 24 (1a) KWG). The auditor of a credit institution has to § 29 to consider para. 1 sentence 2 KWG and compliance with the reporting obligations by the bank. In addition to the commercial auditing mandate from Section 317 of the German Commercial Code (HGB), he also has to perform an audit that has been extended to include banking supervisory issues. The repeated breach of reporting obligations can result in the withdrawal of the banking license in accordance with Section 35 (2) No. 6 KWG if the institution persistently violates reporting and reporting requirements.
species
The reporting obligations of the institutes can be broken down systematically according to the frequency of the reporting intervals into a permanent reporting system and into obligations in connection with the annual financial statements :
- permanent reporting:
- Monthly ID cards ( Section 25 (1) KWG in conjunction with Section 2 Monthly ID Ordinance, Section 18 BBankG): monthly reporting of the asset status and the income statement .
- Lending business : Millions of loans ( Section 14 KWG) and large loans ( Section 13 KWG in conjunction with Art. 394 ff. CRR)
- Security schemes : withdrawal of an institution from security schemes ( Section 23a (2) KWG in conjunction with Section 18 (3) AnzVO),
- Participations : Anyone wishing to acquire significant participations in a credit institution must report their intention in accordance with Section 2c KWG.
- Insolvency : existing reasons for insolvency of insolvency or over-indebtedness at a bank must be reported in accordance with Section 46b (1) sentence 1 KWG.
- The reporting regulations in foreign trade are used exclusively for statistical purposes and relate to foreign payment transactions .
- Organizational measures and changes in business operations: Section 24 (1) KWG lists a total of 19 notifiable reasons such as changes in legal form , relocation of the registered office , appointment and resignation of members of the supervisory body and management . According to Section 24a (1) KWG, the establishment of branches abroad is notifiable.
- Accounting documents
- Annual financial statements : The institutes must prepare their annual financial statements in accordance with Section 26 Paragraph 1 Sentence 1 KWG (in conjunction with Section 25 AnzVO) in the first three months of the financial year for the previous financial year and have the auditor appointed in accordance with Section 28 Paragraph 1 KWG together with them Auditor's report provided financial statements, including management report submitted to BaFin.
- Audit report on accounting: The audit obligation resulting from § 340k HGB is to be performed by an auditor appointed by the bank.
- Custody account check : the custody account business is to be examined in particular by the auditor in accordance with Section 29 (2) KWG, whereby notification obligations in accordance with Section 128 AktG and the exercise of voting rights in accordance with Section 135 AktG must be checked.
Messages and statistics to be generated
| Report to the Deutsche Bundesbank | rhythm | Legal basis |
|---|---|---|
| Banking supervision | ||
| Notification according to the Capital Adequacy Ordinance (CRR) | Quarterly (invoice and internal monitoring daily) | CRR |
| Notification according to the Liquidity Regulation (the notification of the liquidity ratio according to LiqV has been omitted since January 1, 2018) | Per month | Section 11 LiqV |
| Summarized monthly pass | Per month | Section 25 (1) KWG |
| Credit reports | ||
| Large exposures report | Quarterly | § 13 KWG , Art. 387 ff. CRR, GroMiKV |
| Message million loans | Quarterly | § 14 KWG , GroMiKV |
| Participation reports | ||
| Change of company type | When entering | Section 19 (1) InhKontrollV |
| Takeover of control of a deposit-taking credit institution, e-money institution, securities trading company or primary insurance company licensed in another country of the EEA | When entering | Section 19 (2) or (3) InhKontrollV |
| Notification of the intended participation in an institute | When entering | Section 2c KWG |
| Changes in the composition of the management / board of directors / personally liable partners of an institute | When entering | 18 InhKontrollV |
| Secondary activities of directors of an institute | When entering | Section 24 (3) KWG |
| Threshold value report on the participations of an institute | When entering | KWG |
| Banking statistics | ||
| Balance sheet statistics | Per month | |
| Borrower Statistics | Quarterly | |
| Deposit statistics | Quarterly | |
| Foreign status | Per month | |
| EMU interest rate statistics | Per month | |
| AWV notification | Per month | |
| Mortgage Register | Per month | |
| Emissions statistics | Per month | |
| Payment statistics | Yearly | |
Reporting software
In order to cover the complexity of the legal requirements, most banks in Germany use standard software for reporting. The leading applications here are ABACUS / DaVinci and Abacus360 from the manufacturer BearingPoint , BAIS (manufacturer: BSM GmbH ), Sopra Banking for reporting (manufacturer: Sopra Banking Software ), AxiomSL with ControllerView and for SAP products from iBS - Innovative Banking Solutions AG (part OEM for SAP).
With this software , regulatory reports can be generated and submitted to the regulatory authorities. The required data is extracted from the pre-processing and delivery systems of the institute as part of the so-called reporting pre-processing, processed according to the requirements of the reporting tool used and made available via standardized interfaces. The functions and logics of the reporting system are taken over by the software.
The AMI software from zetVisions is the leader in the area of participation reports and mandate reports. ABACUS / DaVinci also offers a solution for the participation advertisements according to § 24 KWG. Meanwhile, the SAP-based product CIM from zetVisions also offers messages according to KWG, as does GEMS from Computershare.
literature
- Beck / Samm / Kokemoor: Law on the Credit System . CF Müller Verlag, Heidelberg, commentary in loose-leaf collection, 129th update February 2008, ISBN 978-3-8114-5670-9 .
Web links
- Deutsche Bundesbank: Reporting, custody account statistics (new)
Individual evidence
- ^ Andreas Merbecks: On the organization of risk management in credit institutions. 1996, p. 85 (books.google.de)
- ^ Heidi Winkler: Audit report from credit and financial services institutions. 2004, p. 29 (books.google.de)
- ^ Daniela Kleinheisterkamp: Banking Act and Criminal Proceedings. 2010, p. 39 ff. (Books.google.de)
