

|
Browse Profiles > Croatia > Objectives and Principles of Securities Regulation |
| Score | Rank | |
| Standards Compliance Index | 49.17 out of 100 | 33 |
| Business Indicator Index | 5.82 out of 12 | 63 |
Croatia|
Objectives and Principles of Securities Regulation
The 2002 International Monetary Fund (IMF) Financial System Stability Assessment (FSSA) indicated that out of the 30 International Organization of Securities Commissions (IOSCO) Objectives and Principles of Securities Regulation, Croatia implemented 4, partially implemented 25, and did not implement 1 principle. The IMF concluded that there was considerable room for improvement in the securities supervisory framework, particularly with respect to the powers of the Croatian Securities and Exchange Commission (CSEC), inspection and surveillance procedures, as well as the cooperation between the CSEC and the Croatian National Bank (CNB). In a follow up assessment conducted in 2004, the IMF reported that there had been substantial changes in the securities supervisory framework, such as the enactment of the Securities Market Law and the Takeover Law in 2002. Moreover, on January 1, 2006, Croatia established the Croatian Financial Services Supervisory Agency (CFSSA), which assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance. According to the 2005 European Bank for Restructuring and Development (EBRD) Securities Market Legislation Assessment, Croatia's securities legislation was found in "high compliance" with the Objectives and Principles of Securities Regulation published by the IOSCO. The EBRD recommended enhancing the effective implementation and enforcement of securities regulations. General Overview In 2002, the International Monetary Fund (IMF) conducted a Financial System Stability Assessment (FSSA) of Croatia and concluded that there was considerable room for improvement in the securities supervisory framework, particularly with respect to the powers of the Croatian Securities and Exchange Commission (CSEC), inspection and surveillance procedures, as well as the cooperation between the CSEC and the Croatian National Bank (CNB). The assessment indicated that out of the 30 International Organization of Securities Commissions (IOSCO) Core Principles, Croatia implemented 4, partially implemented 25 and did not implement 1 principle.The Principles
On January 1, 2006, Croatia established the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). However, there is insufficient information publicly available as to the CFSSA's compliance with this principle
On January 1, 2006, Croatia established the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). However, there is insufficient information publicly available as to the CFSSA's compliance with this principle
On January 1, 2006, Croatia established the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). However, there is insufficient information publicly available as to the CFSSA's compliance with this principle
On January 1, 2006, Croatia established the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). However, there is insufficient information publicly available as to the CFSSA's compliance with this principle
On January 1, 2006, Croatia established the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). However, there is insufficient information publicly available as to the CFSSA's compliance with this principle
According to the 2002 IMF FSSA, the ZSE and the VSE have inspection and limited market surveillance authority. However, there insufficient information publicly available as to Croatia's compliance with this principle.
According to the 2002 IMF FSSA, the ZSE and the VSE have inspection and limited market surveillance authority. However, there insufficient information publicly available as to Croatia's compliance with this principle.
As of 2004, the Securities Market Law granted the former CSEC inspection, investigation, and surveillance powers (IMF 2004). On January 1, 2006, Croatia established the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). However, there is insufficient information publicly available as to the CFSSA's compliance with this principle.
The 2004 IMF update to the FSSA reported that the Securities Law gave the former CSEC more enforcement powers than the previous legislation; particularly, the CSEC had the authority to withdraw a license from a broker. The IMF stated that with the enactment of Securities Market Law, "the enforcement authority of the [CSEC] was clarified and strengthened in terms of scope, appeal procedures, and legal immunity of enforcement officers" (2004, p. 10).
The 2004 IMF update to the FSSA reported that the Securities Law granted the former CSEC inspection, investigation, and surveillance powers gave it more enforcement powers than the previous legislation; particularly, the CSEC had the authority to withdraw a license from a broker. The IMF stated that with the enactment of Securities Market Law, "the enforcement authority of the [CSEC] was clarified and strengthened in terms of scope, appeal procedures, and legal immunity of enforcement officers" (2004, p. 10).
According to the 2004 IMF update to the FSSA, the Securities Law required the former CSEC to share relevant information and cooperate with other national and European Union (EU) regulators; however, the information exchange was conducted only on an ad-hoc basis.
According to the 2004 IMF update to the FSSA, the Securities Law required the former CSEC to share relevant information and cooperate with other national and European Union (EU) regulators; however, the information exchange was conducted only on an ad-hoc basis.
According to the 2004 IMF update to the FSSA, the Securities Law required the former CSEC to share relevant information and cooperate with other national and European Union (EU) regulators; however, the information exchange was conducted only on an ad-hoc basis.
The 2004 IMF update to the FSSA stated that the 2002 Securities Law incorporated the recommendations the IMF made in its 2002 FSSA with respect to extended disclosure requirements. Accordingly, the Securities Market Law requires making public the identity of the 10 largest owners of any security. Moreover, the stock exchanges introduced rules, which enable any participant in the trading system to gain access to information that could affect the price and securities.
The 2004 EBRD Corporate Governance Sector Assessment assigned a rating of medium compliance to Croatia's legislation when assessed against the Organization for Economic Cooperation and Development (OECD) Principles of Corporate Governance. According to the EBRD, the Company Law requires all shareholders of the same class to be treated equally. However, shareholder restrictions regarding voting rights and/or procedures at a shareholders meeting are not specified in law. Furthermore, there are no specific provisions protecting minority shareholders.
According to the Deloitte IAS Plus website, under the Croatian Accounting Law, these entities are required to apply International Financial Reporting Standards (IFRSs): (1) listed companies and those that are preparing to go public; (2) financial institutions; (3) large enterprises; (4) other companies as required by financial sector supervisory authorities; and (5) companies that are required to prepare consolidated financial statements according to IFRSs. Deloitte emphasizes, however, that IFRSs applied are a translated version as of March 31, 2004. Therefore, as of May 2007, IFRSs 6, 7 and 8 have not been translated or published, and some amendments to International Accounting Standards (IASs) and IFRSs since March 31, 2004 have not been incorporated into Croatian accounting requirements. All other enterprises may either apply IFRSs or use standards adopted by the Financial Reporting Standards Board (FRSB); as of May 2007, these standards are IASs as they existed in 2000. According to a 2007 self-assessment published by the Croatian Association of Accountants and Financial Experts (CAAFE), the FRSB will prepare national accounting standards for private sector entities that decide not to apply IFRSs. The standards will be a short version of IFRSs.
The 2004 IMF report states that the amendments to the Law on Investment Funds address some of the recommendations the IMF made in its 2002 FSSA with respect to collective investment schemes. The new law assures that separate assets of an open-end fund would not be subject to claims against the investment company in the case of bankruptcy of the investment company. Further, it requires an arms-length relationship between an investment company and a depository bank and incorporates a clearer definition of related parties. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
The 2004 IMF report states that the amendments to the Law on Investment Funds address some of the recommendations the IMF made in its 2002 FSSA with respect to collective investment schemes. The new law assures that separate assets of an open-end fund would not be subject to claims against the investment company in the case of bankruptcy of the investment company. Further, it requires an arms-length relationship between an investment company and a depository bank and incorporates a clearer definition of related parties. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
The 2004 IMF report states that the amendments to the Law on Investment Funds address some of the recommendations the IMF made in its 2002 FSSA with respect to collective investment schemes. The new law assures that separate assets of an open-end fund would not be subject to claims against the investment company in the case of bankruptcy of the investment company. Further, it requires an arms-length relationship between an investment company and a depository bank and incorporates a clearer definition of related parties. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
In its 2002 FSSA, the IMF indicated that there was an ambiguity in the methodology for the calculation of net asset value of the fund. Furthermore, the IMF urged the Croatian authorities to ban related parties transactions.
In its 2002 FSSA, the IMF revealed shortcomings in prudential regulation; particularly, the IMF pointed to a lack of staff to perform on-site inspections of intermediaries. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
In its 2002 FSSA, the IMF revealed shortcomings in prudential regulation; particularly, the IMF pointed to a lack of staff to perform on-site inspections of intermediaries. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
In its 2002 FSSA, the IMF revealed shortcomings in prudential regulation; particularly, the IMF pointed to a lack of staff to perform on-site inspections of intermediaries. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
In its 2002 FSSA, the IMF revealed shortcomings in prudential regulation; particularly, the IMF pointed to a lack of staff to perform on-site inspections of intermediaries. However, there is insufficient information publicly available as to Croatia's compliance with this principle.
In 2004, the former CSEC established a real-time trade monitoring system at the ZSE and VSE. According to the 2004 CSEC Annual Report, the new system enabled the CSEC to carry out full and comprehensive supervision of trading. On January 1, 2006, Croatia introduced the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). There is insufficient information publicly available as to the CFSSA's compliance with this principle.
In 2004, the former CSEC established a real-time trade monitoring system at the ZSE and VSE. According to the 2004 CSEC Annual Report, the new system enabled the CSEC to carry out full and comprehensive supervision of trading. On January 1, 2006, Croatia introduced the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). There is insufficient information publicly available as to the CFSSA's compliance with this principle.
In 2004, the former CSEC established a real-time trade monitoring system at the ZSE and VSE. According to the 2004 CSEC Annual Report, the new system enabled the CSEC to carry out full and comprehensive supervision of trading. On January 1, 2006, Croatia introduced the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). There is insufficient information publicly available as to the CFSSA's compliance with this principle.
In 2004, the former CSEC established a real-time trade monitoring system at the ZSE and VSE. According to the 2004 CSEC Annual Report, the new system enabled the CSEC to carry out full and comprehensive supervision of trading. On January 1, 2006, Croatia introduced the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). There is insufficient information publicly available as to the CFSSA's compliance with this principle.
In 2004, the former CSEC established a real-time trade monitoring system at the ZSE and VSE. According to the 2004 CSEC Annual Report, the new system enabled the CSEC to carry out full and comprehensive supervision of trading. On January 1, 2006, Croatia introduced the CFSSA, which, pursuant to the 2006 Act on the Croatian Financial Services Supervisory Agency, assumed the responsibilities and competencies of the former CSEC, Insurance Companies Supervisory Authority, and the Agency for Supervision of Pension Funds and Insurance (EBRD 2007). There is insufficient information publicly available as to Croatia's compliance with this principle.
In its 2002 FSSA, the IMF concluded that the "current systems for clearing and settlement of securities are efficient, safe, and effective" (p. 39). However, according to the 2004 IMF update, Croatia has not transferred the majority ownership of the Securities Depository Agency (SDA) from the state to the private sector, as recommended by the IMF in 2002. |
Jump to other standards Sources of Assessment European Bank for Restructuring and Development, "Securities Markets Legislation Assessment Project - 2005 Update," May 2005. Available from European Bank for Restructuring and Development website. Accessed on July 24, 2007. (EBRD 2005) European Bank for Reconstruction and Development, "Commercial Laws of Croatia - An Assessment by the EBRD," 2007. Available from European Bank for Reconstruction and Development website. Accessed on July 24, 2007. (EBRD 2007) International Monetary Fund, "Republic of Croatia: Financial System Stability Assessment, Including Reports on the Observance of Standards and Codes on the Following Topics: Banking Supervision, Payment Systems, Securities Regulation, Insurance Regulation and Monetary and Financial Policy Transparency," Country Report 02/180, Washington, D.C.: IMF, August 2002. Available from International Monetary Fund website. Accessed on July 24, 2007. (IMF 2002) International Monetary Fund, "Republic of Croatia: Report on the Observance of Standards and Codes - Banking Supervision, Payment Systems, and Securities Regulation - Update," Country Report No. 04/252, Washington, D.C.: IMF, August 2004. Available from International Monetary Fund website. Accessed on July 24, 2007. (IMF 2004) Relevant Organizations Central Depository Agency - Središnja depozitarna agencija d.d. (CDA) Croatian Association of Accountants and Financial Experts- Računovodstvo i financije (CAAFE) (in Croatian only) Croatian Chamber of Auditors - Hrvatska Revizorska Komora (CCA) Croatian Financial Services Supervisory Agency - Hrvatska Agencija Za Nadzor Financijskih Usluga (CFSSA) Croatian National Bank - Hrvatska Narodna Banka (CNB) Croatian Securities and Exchange Commission - Hrvatska Agencija Za Nadzor Financijskih Usluga (CSEC) Financial Reporting Standards Board (FRSB) Insurance Companies Supervisory Authority (ICSA) Ministry of Finance - Ministarstvo Financija (MoF) Varaždin Stock Exchange - Varaždinska Burza (VSE) Zagreb Stock Exchange - Zagrebačka Burza (ZSE) Relevant Legislation/Regulation Securities Market Law, 2002 Law on the Takeover of Joint Stock Companies, 2002 Investment Funds Law, 1995 Amendments to the Investment Funds Law, 2001 Act on the Croatian Financial Services Supervisory Agency, 2006 Law on Privatization Investment Funds, 1997 Amendments of the Law on Privatization Investment Funds, 2001 Company Law, 1995 Supplementary Sources Croatian Securities and Exchange Commission "Summary of the Annual Report for 2004,", January 2005. Available from Croatian Securities and Exchange Commissionwebsite. Accessed on July 24, 2007. (CSEC 2005) Deloitte & Touche Tohmasu IAS Plus website. Accessed on July 24, 2007. (Deloitte IAS Plus website) European Bank for Reconstruction and Development, "EBRD Corporate Governance Sector Assessment Project - 2004 Assessment: Croatia," April 2007. Available from European Bank for Reconstruction and Development website. Accessed on July 24, 2007. (EBRD 2004) International Organization of Securities Commissions website. Accessed on July 24, 2007. (IOSCO website) PricewaterhouseCoopers, "Guide to Doing Business and Investing in Croatia," 2006. Available from PricewaterhouseCoopers website. Accessed on July 24, 2007. (PwC 2006) World Bank, "Croatia: Report on the Observance of the Standards and Codes (ROSC) - Accounting and Auditing," June 2002. Available from World Bank website. Accessed on July 24, 2007. (WB 2002) |