Communication in connection with an approved report on commercial real estate owned by SPVs securitizing real estate

Manner of submitting and explaining an approved report on commercial real estate owned by special purpose vehicles securitizing real estate on a quarterly and annual basis on an individual basis according to a template determined by the Deputy Chairperson of the FSC, head of the Investment Supervision Department.

In connection with an approved report on commercial real estate (CRE) owned by special purpose vehicles (SPVs) securitizing real estate, on a quarterly and annual basis on an individual basis in connection with the implementation of Recommendations C and D of the Recommendation of the European Systemic Risk Board of 21 March 2019 (ESRB / 2019/3) according to the template determined by the Deputy Chairperson of the FSC, Head of the Investment Supervision Department, to the financial statements and public notifications of SPVs it is necessary to take into account the following:

The information in column No. 1 of the report on CRE owned by the SPV is filled in by explicitly individualizing the respective property owned by the SPV (indicating location, type – land, building, etc.), and “owned by CRE 1, CRE2, etc. n.” is described for the purpose of sequentially listing the relevant CREs. Information on the CRE owned by the specialized company should be provided on a quarterly and annual basis, taking into account the requirement to report the type and location of the property by balances and flows specifying direct and indirect ownership of the CRE according to Form B “Indicators for financial system exposures”, respectively“ Exposure indicators” to Annex III “Indicative models for indicators for the commercial real estate sector “of the Recommendation. According to item 5 “Assessment of the exposures of the financial system to commercial real estate” of Annex V “Guidelines on definitions and indicators” of the Recommendation, investments may cover both direct ownership of CREs by SPVs, e.g. by virtue of the right of ownership over the CRE, as well as the indirect ownership of the CRE in the line of property which the SPV owns from the capital of a specialized company established or acquired by it, when these CREs are owned by this specialized company. The column “Book value of those received during the period in BGN thousand” indicates the value of the acquisition of CRE which was acquired after the beginning of the period.

It is necessary to indicate all CREs even if they do not generate rental income, respectively construction has not started, given the requirement for subsequent evaluation of CRE according to Art. 23 of the Law on Special Purpose Vehicles and Securitization Companies, respectively whether there is a change in the value of the property.

The report on the CREs held by a SPV should be disclosed together with the financial statements and notifications of the companies in the respective order.

Communication about the legal consequences of the decision to open insolvency proceedings against Certasig – Insurance and Reinsurance Company AD becoming effective

 In order to communicate information about the case with the Romanian insurer Certasig-Insurance and Reinsurance Company AD, whose license was revoked by the Insurance Supervision Authority of the Republic of Romania, and in addition to the already published information from 17.03.2021, the FSC notifies the creditors of Certasig – Insurance and Reinsurance Company AD that they fall within the scope of the Romanian Law 213/2015 on the Guarantee Fund for the Insured, whose purpose, according to Art. 2, para. 1, is to protect the creditors of the insurer from the consequences of its insolvency. The FSC recalls the information provided by the Insurance Supervision Authority of the Republic of Romania that any person who has an insurance claim against Certasig – Insurance and Reinsurance Company AD may submit a justified request to the Guarantee Fund of the Republic of Romania as of the date of the decision of the Insurance Supervision Authority of the Republic of Romania for revocation of the license of Certasig – Insurance and Reinsurance Company AD, but not later than 90 days from the decision to open insolvency proceedings becoming effective (15.04.2021), and in case this right has occurred after the opening of the insolvency proceedings – within 90 days from its occurrence.

 In addition, the Insurance Supervision Authority of the Republic of Romania provides information that according to Art. 75, para. 1 of Romanian Law No. 85/2014 on insolvency prevention and insolvency proceedings, as of the date of the decision to open insolvency proceedings of Certasig – Insurance and Reinsurance Company AD becoming effective (14.01.2021), all judicial and extrajudicial proceedings instituted on the basis of individual claims of its creditors, as well as proceedings for the recovery of claims against them, shall be terminated. The presentation and collection of claims against Certasig – Insurance and Reinsurance Company AD can be carried out only in the open insolvency proceedings.

Comars AD is not public company anymore

Company Comars AD, Plovdiv,  has been deleted from the public register of the Commission in compliance with  the decision of the Head of Investment Activity Supervision Division – Dimana Rankova.

Collaborative training conducted

On the 5th of July 2024, in the premises of the Financial Supervision Commission a joint training addressed to the pension insurance companies was conducted by the FSC and the Financial Intelligence Directorate, State Agency for “National Security”. The training which was attended by total 18 representatives of all pension insurance companies in Bulgaria was focused on topics related to the implementation of the AML/CFT measures stipulated in the Law on Measures Against Money Laundering (LMML), the Law on Measures Against Financing of Terrorism (LMFT) and the acts on their implementation, as follows:

  • „New requirements stipulated in the LMML, Rules on implementation of the LMML (RILMML) and LMFT“ and
  • „Business-wide ML/TF risk assessment“.

The conducted training aimed to deepen the understanding of the representatives of the pension insurance companies licensed under the terms and conditions of the Social Insurance Code, with the exception of their activity of managing funds for supplementary compulsory pension insurance), for the importance to comply with the requirements of the preventive legislation, their essential role

Clarifications in connection with the submission of reports by the investment intermediaries after the entry into force of the regulations which are part of the legal frame of MiFID II – 3.01.2018

Today is the date of entry into force of the regulations related to the implementation of the legal frame of the MiFID II, inclusively of the Regulation (EG) 600/2014 on the markets of financial instruments (MiFIR). According to Art. 26 of the latter, investment intermediaries who close transactions with financial instruments shall provide a complete and accurate report of them to the competent authority not later than the end of the next business day. A detailed information about the content of the report in question is included in Regulation (EC) №2017/590 supplementing Regulation (EU) №600/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the reporting of transactions to competent authorities.
Currently elaborates the FSC a new information system in order to launch the electronic mechanism for submission of the information due to Art.26 of MiFIR by both the investment intermediaries and the approved reporting mechanisms (ARMs). In connection with this matter, please pay attention to the following aspects:

  • For the period between 03.01.2017 and the moment of starting the system, the FSC will accept reports composed by the investment intermediaries according to the regulations’ requirements per e-mail: delovodstvo@fsc.bg, similar to the mechanism for accepting the previous reports required under Art. 38 of the Markets in Financial Instruments Act;
  • There is no granted option the ARMs to collect, validate and keep the reports of their clients supervised by the FSC, as well as to send the collected statements when the system is started because in the meantime the FSC is not going to receive reports for the respective supervised persons, i.e. it will accept the reports submitted by the ARMs via delovodstvo@fsc.bg, based on the contract agreed to the delegation of the responsibility in question;
  • All news and updates concerning the new information system built up for the purpose of the operations described above and directly related to the reporting, according to the requirements of Art.26 of MiFIR, and taking into account the multiple questions put by foreign companies, will be published in English on the internet site of the FSC in due time.

Clarifications in connection with the submission of reports by the investment intermediaries after the entry into force of the regulations which are part of the legal frame of MiFID II – 3.01.2018

Today is the date of entry into force of the regulations related to the implementation of the legal frame of the MiFID II, inclusively of the Regulation (EG) 600/2014 on the markets of financial instruments (MiFIR). According to Art. 26 of the latter, investment intermediaries who close transactions with financial instruments shall provide a complete and accurate report of them to the competent authority not later than the end of the next business day. A detailed information about the content of the report in question is included in Regulation (EC) №2017/590 supplementing Regulation (EU) №600/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the reporting of transactions to competent authorities.
Currently elaborates the FSC a new information system in order to launch the electronic mechanism for submission of the information due to Art.26 of MiFIR by both the investment intermediaries and the approved reporting mechanisms (ARMs). In connection with this matter, please pay attention to the following aspects:

  • For the period between 03.01.2017 and the moment of starting the system, the FSC will accept reports composed by the investment intermediaries according to the regulations’ requirements per e-mail: delovodstvo@fsc.bg, similar to the mechanism for accepting the previous reports required under Art. 38 of the Markets in Financial Instruments Act;
  • There is no granted option the ARMs to collect, validate and keep the reports of their clients supervised by the FSC, as well as to send the collected statements when the system is started because in the meantime the FSC is not going to receive reports for the respective supervised persons, i.e. it will accept the reports submitted by the ARMs via delovodstvo@fsc.bg, based on the contract agreed to the delegation of the responsibility in question;
  • All news and updates concerning the new information system built up for the purpose of the operations described above and directly related to the reporting, according to the requirements of Art.26 of MiFIR, and taking into account the multiple questions put by foreign companies, will be published in English on the internet site of the FSC in due time.

Clarifications from the FSC regarding the determination of the amount of pensions from the universal pension funds

 In connection with the frequent inquiries regarding the determination of the amount of pensions from universal pension funds (the so-called “second pension”) and given the high public interest in the adoption and alignment of regulations with amendments to the Social Insurance Code governing the payment of pensions from the universal pension funds, promulgated in the State Gazette, 19 / 5 March 2021, the Financial Supervision Commission (FSC) provides the following clarifications:

 The Social Insurance Code (SIC) specifies the types of pension products and the obligations of pension insurance companies in relation to their payment and guarantees. The determination of the amount of the supplementary lifelong old-age pension from the universal pension funds is regulated at the legal level and is determined on the basis of the following 3 components:

  1. the funds under the individual account of the insured person

 The information on the accumulations on the individual accounts of the persons insured in the universal pension funds is kept by the pension insurance companies. The insured person has the right to receive at any time information about the current state of the accumulated funds in their individual account. Regardless of the chosen type of payment – one-off, deferred or lifelong, for determining the initial amount of the pension, all funds on the individual account of the person at the time of concluding the pension contract are taken into account.

  1. the table of mortality and average life expectancy, published by the National Statistical Institute

 The table for mortality and life expectancy of the National Statistical Institute is publicly available information available on the Institute’s website and is updated according to the statistical information calendar. Using a single table of mortality and calculating the pensions from universal pension funds by single formulas ensures the same way of calculating the pensions of all persons, regardless of the fund in which they are insured.

  1. technical interest rate

 When calculating the amount of pensions, a technical interest rate is used, which reflects the expectations for the return on investment of pensioners’ funds. Its specific amount is determined by each pension insurance company in compliance with the regulatory requirements.

 In this regard, the FSC adopted the Ordinance on Technical Interest Rates and Formulas for Calculating Supplementary Lifetime Pensions for Old Age and the Ordinance on Reserves of Pension Insurance Companies for Guaranteeing the Gross Amount of Contributions to Universal Pension Funds Related to Calculating the Supplementary Lifetime Pension for Old Age. As a result, pension insurance companies have the necessary information and can perform forecast calculations and consult their clients.

 With regard to the deadlines for exercising the right of persons to choose social insurance:

 Persons who, up to and including 30 June 2021, have less than 5 years until the retirement age and who have not been granted a pension for length of service and age, may, once, until 30 June 2021, exercise the right to choose to change their insurance from a universal pension fund to the state social insurance.

 From 01 January 2022, other deadlines for exercising this right apply:

 – from 1 January 2022 to 31 December 2025 – not later than 1 year before the age under Art. 68, para. 1;

 – from 1 January 2026 to 31 December 2030 – not later than 2 years before the age under Art. 68, para. 1;

 – from 1 January 2031 to 31 December 2035 – not later than 3 years before the age under Art. 68, para. 1;

 – from 1 January 2036 to 31 December 2037 – not later than 4 years before the age under Art. 68, para. 1;

 – after 1 January 2038 – not later than 5 years before the age under Art. 68, para. 1

Change of the subject of activity of an investment intermediary approved

The Commission approved the request for a change in the subject of activity  submitted by investment intermediary “Accept Invest” AD. According the approved change the investment intermediary shall carry out its activity  including transactions in securities, portfolio management and custodian services, only on the account of a third party.

 

Change in the management team of the Financial Supervision Commission

Pursuant to art. 10, par. 5 of the Financial Supervision Commission Act, Mr. Petar Dzhelepov, Member of the Financial Supervision Commission (FSC), supporting the policy of analysis and assessment of risks in the financial markets, improvement of supervisory practice and protection of the interests of investors, insured and socially insured persons, has been designated as a deputy to carry out the functions of a Deputy Chairperson of FSC, leading „Investment Activity Supervision” Division.

Petar Djelepov
mr. Petar Djelepov

Capital market data for 2020

Data on the capital market for 2020 have been uploaded on the FSC website – www.fsc.bg, section “Investment Activity”, “Statistics”, “2020”.