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Article 12 - Financial reports and business plans

Article 12

Financial reports and business plans

1.   An application for registration as a trade repository shall contain the following financial and business information about the applicant:

(a)

a complete set of financial statements, prepared in conformity with international standards adopted in accordance with Article 3 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council (6);

(b)

where the financial statements of the applicant are subject to statutory audit within the meaning given in Article 2(1) of the Directive 2006/43/EC of the European Parliament and of the Council (7), the financial reports shall include the audit report on the annual and consolidated financial statements;

(c)

if the applicant is audited, the name and the national registration number of the external auditor;

2.   An application for registration as a trade repository shall contain a financial business plan contemplating different business scenarios for the trade repository services over a minimum three years' reference period and including the following additional information:

(a)

the expected level of reporting activity in number of transactions;

(b)

the relevant fixed and variable costs identified with respect to the provision of repository services under Regulation (EU) 2015/2365;

(c)

positive and negative variations of at least 20 % from the base activity scenario identified.

3.   Where the historical financial information referred to in paragraph 1 is not available, an application for registration as a trade repository shall contain the following information about the applicant:

(a)

the pro-forma statement demonstrating proper resources and expected business status in six months after registration is granted;

(b)

an interim financial report where the financial statements are not yet available for the requested period of time;

(c)

a statement of financial position, such as a balance sheet, income statement, changes in equity and of cash flows and notes comprising a summary of accounting policies and other explanatory notes.

4.   An application for registration as a trade repository shall contain the audited annual financial statements of any parent undertaking for the three financial years preceding the date of the application.

5.   An application for registration as a trade repository shall also contain the following financial information about the applicant:

(a)

an indication of any future plans for the establishment of subsidiaries and their location;

(b)

a description of the business activities which the applicant plans to carry out, specifying the activities of any subsidiaries or branches.


(6)  Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).

(7)  Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts (OJ L 157, 9.6.2006, p. 87).