Page:Monitorul Oficial al României. Partea I 2008-02-22, nr. 139.pdf/6

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 * style="width:80%; text-align:center"|OFFICIAL GAZETTE OF ROMANIA, PART I, No. 139/22.II.2008
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 * } (2) At the request of the Commission and within the deadlines established by it, the reporting entities will transmit any information and documents regarding their activity.
 * } (2) At the request of the Commission and within the deadlines established by it, the reporting entities will transmit any information and documents regarding their activity.

Art. 5. — The information transmitted by the reporting entities must be real, correct and complete.

Art. 6. — (1) The administrator shall transmit to the Commission all the information established by the legislation in force and by this norm, in electronic format, under the electronic signature of the legal representative.

(2) The depositary shall transmit to the Commission all the information established by the legislation in force and by this rule, in electronic format, under the electronic signature of the person with a management position within the organizational structure of the depository, mandated to represent the depositary in the relationship with the Commission.

(3) The marketing agent, legal person, pension broker or intermediary shall transmit to the Commission all the information established by the legislation in force and by this rule, in electronic format, under the electronic signature of the legal representative.

(4) At the Commission's request, the reporting entities will transmit the information provided for in paragraph (1), (2) and (3) on paper, with the stamp and under the signature of the legal representative, respectively of the person mandated to represent the depositary in the relationship with the Commission.

Art. 7. — The Commission may request from the administrator or the depositary any documents it deems necessary in relation to third parties, in the situation where the administrator or the depositary transfers their duties.

Art. 8. — All information will be transmitted in Romanian.

Art. 9. — The administrator shall submit to the Commission annually, for its own activity and for the privately managed pension fund, the accounting reports whose content is drawn up in accordance with the legislation in force and with the rules of the Commission regarding the accounting regulations applicable to regulated, authorized, supervised entities and controlled by the Commission.

Art. 10. — The administrator will submit to the Commission semiannually, for its own activity and for the privately managed pension fund, the accounting reports provided by the Commission's rules regarding the accounting reporting system on June 30 of the entities authorized, regulated and supervised by the Commission.

Art. 11. — The annual and semiannual accounting reports submitted to the Commission will be accompanied by proof of submission to the Ministry of Economy and Finance, as appropriate.

Art. 12. — The administrator shall submit to the Commission quarterly, within 10 working days at the latest from the end of the quarter, the rate of return of the privately administered pension fund, drawn up in accordance with annex no. 5.

Art. 13. — (1) The administrator shall submit to the Commission monthly, by the 25th of the following month, for his own activity of administering the privately administered pension fund:

a) analytical verification balance, code 14-6-30/a, drawn up in accordance with Accounting Law no. 82/1991, republished, with subsequent amendments and additions, and with the Nomenclature of December 14, 2004, issued by the Ministry of Public Finance;

b) the situation regarding the operating fee provided for in annex no. 9;

c) the situation regarding the commissions paid to marketing agents, legal entities, pension brokers or intermediaries, provided in annex no. 7.

(2) The administrator shall submit to the Commission monthly, by the 25th of the following month, for the privately administered pension fund:

a) analytical verification balance code 14-6-30/a, drawn up in in accordance with Law no. 82/1991, republished, with subsequent amendments and additions, and with the Nomenclature of December 14, 2004, issued by the Ministry of Public Finance, having the monthly balances of the income and expenditure accounts closed;

b) the detailed statement of investments, drawn up according to annex no. 4;

c) information about the participants in the privately managed pension fund, according to annex no. 1 — sections A and C.

(3) The Administrator shall submit to the Commission, by the last working day of each year, the calculation of the technical provision valid for the following year.

(4) The depository shall transmit to the Commission, on the first working day of each month, the value of the existing technical provision. The evaluation of the technical provision will be based on the same principles that underlie the evaluation of the net asset of the pension fund.

(5) The depositary will submit to the Commission monthly, by the 25th of the following month, the situation regarding the operating fee provided for in annex no. 10.

(6) Marketing agents, legal entities, pension brokers or intermediaries, shall submit to the Commission monthly, by the 25th of the following month, the situation regarding the operating fee provided for in annex no. 8.

Art. 14. — (1) The administrator submits weekly information to the Commission about the participants in the privately managed pension fund, according to annex no. 1 — section B, on the second working day of the week following the one for which the report is made.

(2) The administrator submits to the Commission on a weekly basis the statement of assets and liabilities of the privately administered pension fund, drawn up according to annex no. 2, for each working day of the week, on the second working day of the week following the one for which the report is made.

Art. 15. — (1) The administrator shall submit daily information to the Commission on the value of the total asset, the value of the net asset, the unit value of the net asset and the number of fund units, according to annex no. 3.

(2) The information provided for in para. (1) are transmitted on the working day following the one for which the report is made.

Art. 16. — (1) The depositary shall submit daily to the Commission information on the value of the total asset, the value of the net asset, the unit value of the net asset and the number of fund units, according to annex no. 3.

(2) The information provided for in para. (1) is transmitted on the working day following the one for which the report is made.

Art. 17. — (1) The Administrator shall communicate to the Commission the name and surname, position and contact details for the person/persons designated with:

a) transmission to the Commission of the reports provided for by the legislation in force and this norm;

b) responsibilities regarding operational, investment, internal audit and accounting activity;

c) responsibilities in applying the provisions of Law no. 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism, with subsequent amendments and additions.

(2) Legal person marketing agents shall communicate to the Commission the name and surname, position and contact details for the designated person(s) with the transmission to the Commission of the reports provided for by the legislation in force and this rule.

(3) Any decision to change the information provided for in para. (1) and (2) will be communicated to the Commission at least 5 working days before the date of its implementation or, as the case may be, for approval.

Art. 18. — (1) The administrator sends in writing, free of charge, to each participant, at the last mail address communicated, the information provided in annex no. 11, until April 15 of each year.