IDEffective Insolvency and Creditor Rights Systems
In 2008, the IMF published an update of a 2002 World Bank Report on the Observance of Standards and Codes (ROSC) dealing with Lithuania's Insolvency and Creditor Rights System. The earlier report had found that the Lithuanian legal framework governing creditor rights, debt enforcement, as well as registration and enforcement of collateral was essentially complete and well-functioning. The legal framework for corporate insolvency and the regulation of insolvency, on the other hand, were deemed fragmented and weak. In 2003, an assessment of the insolvency legislation conducted by the European Bank for Reconstruction and Development (EBRD) concluded that in Lithuania there was a very low overall degree of compliance with the international standards for insolvency articulated by a number of international organizations, including the World Bank. A subsequent 2004 evaluation by the EBRD of the actual implementation of the law stressed the ineffectiveness of the law in practice. The 2008 IMF report commended the authorities for the reforms undertaken to improve the insolvency regime and creditors' rights in Lithuania. It was noted that the Enterprise Bankruptcy Law and the Law on Restructuring of Enterprises "are generally consistent with international standards". However, some shortcomings remain. Specifically, there is room for improvement in the legal infrastructure for secured lending and restructuring proceedings. In addition, the IMF observed that Lithuania's enactment of the United Nations Commission on International Trade Law's Model Law on Cross-Border Insolvency would improve the legal framework for dealing with international cases.
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NCInternational Financial Reporting Standards
Lithuania joined the European Union (EU) on May 1, 2004. The European Commission (EC) in its 2008 publication on the implementation of International Financial Reporting Standards (IFRSs) in European Union (EU) member states, explains that in line with the EC Regulation No. 1606/2002, which requires all EU-listed companies to prepare consolidated accounts following IFRSs as endorsed by the EC starting January 1, 2005, Lithuanian listed companies are required to prepare their annual and consolidated financial statements in accordance with IFRSs. Furthermore, Lithuania permits other companies to apply IFRSs in their annual and consolidated accounts, except insurance companies. Moreover, banks and financial credit institutions are required to prepare their annual and consolidated financial statements pursuant to IFRSs. According to the 2007 KPMG Doing Business Guide, companies that do not apply IFRSs prepare their financial statements subject to Lithuanian Business Accounting Standards (LBASs), which are applicable as of January 1, 2004. As stated by KPMG, LBASs are simplified translations of IFRSs and generally require less disclosure than the corresponding IFRSs. Some areas, such as accounting for derivative and hedging financial instruments, employee benefits, and accounting by retirement benefit plans, are not covered by LBASs at all. As of June 30, 2008, there were 33 LBASs in force.
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ENPrinciples of Corporate Governance
The main laws addressing corporate governance in Lithuania include the Civil Code, the Company Law, and the Law on Securities. In its 2003 Corporate Governance Sector Assessment Project, the European Bank for Reconstruction and Development (EBRD) came to the conclusion that corporate governance legislation in Lithuania was in "high compliance" with the Organization for Economic Cooperation and Development (OECD) Principles of Corporate Governance. In a preceding 2002 Report on the Observance of Standards and Codes (ROSC), the World Bank had made recommendations in three broad categories: legislative reform, institutional strengthening, and voluntary/private initiatives. These issues have since been addressed for the most part, according to the 2006 EBRD Commercial Laws in Lithuania Assessment. Legal procedures and measures are generally clear, rapid, and enforceable, and the institutional environment is considered sound, with reliable company information. A Corporate Governance Code came into effect in 2006, based on the "comply or explain" principle. Minor shortcomings remain, however, in the area of shareholders rights, as well as in the composition and responsibilities of management boards. Lithuania has three financial supervision authorities: the Bank of Lithuania, the Lithuanian Securities Commission, and the Insurance Supervisory Commission. The former Vilnius Stock Exchange has become part of the OMX group of exchanges. The renamed NASDAQ OMX Vilnius is the only regulated securities market in Lithuania.
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IDInternational Standards on Auditing
According to a 2007 publication by KPMG, pursuant to the Commercial Law audits are required for both private and public limited liability companies that fulfill two of the following three criteria: (1) annual turnover exceeding LTL 10,000,000; (2) total assets exceed LTL 5,000,000; and (3) average number of employees exceeding 50. According to Article 27 of the Law on Audit, audits should be conducted in accordance with either National Auditing Standards (NASs) or International Standards on Auditing (ISAs) as promulgated by the International Federation of Accountants. The Lithuanian Chamber of Auditors (LCA), the auditing standard setter, points out in a 2006 self-assessment that there are differences between NASs and ISAs due to a time lag in adoption of international pronouncements. Some NASs are applied later than the corresponding ISAs, and the Lithuanian auditing standards framework does not provide a national equivalent to every single ISA. In its 2002 Report on the Observance of Standards and Codes on Accounting and Auditing in Lithuania, the World Bank recommended amending the Law on Audit to conform with European Union directives, and to ensure that Lithuanian auditing standards fully comply with ISAs. Being a member of the EU, Lithuania must implement European Commission (EC) Directive 2006/43, which requires all statutory audits to be carried out on the basis of ISAs as adopted by the EC by June 29, 2010. According to a compliance scoreboard provided on the EC website, Lithuania has fully transposed the above-mentioned Directive into its national legislation.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Financial Action Task Force (FATF), in its 2007-2008 Annual Report names Lithuania as one of the jurisdictions that has committed to implementing the FATF's 40+9 recommendations. The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) conducted an evaluation in 2006 of Lithuania's anti-money laundering (AML) and combating the financing of terrorism (CFT) regime against the FATF's forty plus nine recommendations and special recommendations. The MONEYVAL evaluation concludes that, in theory, Lithuania is characterized by a sound legal and institutional AML/CFT framework; however, the preventive measures remain modest and do not produce all the expected results. The MONEYVAL report recommends improving the system of sanctions and the coordination of supervision between the Financial Crime Investigation Service (FCIS) - Lithuania's Financial Intelligence Unit - and financial regulators to ensure consistent and systematic controls. The Law on the Prevention of Money Laundering was adopted in June 1997 and last amended in January 2004 in line with the 2nd European Union Directive. Furthermore, money laundering and the financing of terrorism are criminalized in the 2002 Criminal Code. The FCIS is a member of the Egmont Group and, according to the MONEYVAL report, Lithuania largely complies with FATF recommendations on international cooperation. Nonetheless, the report recommends clarifying the ability of the FCIS and financial supervisors to exchange information on AML/CFT matters.
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IICore Principles for Systemically Important Payment Systems
According to its 2007 Annual Report, the Bank of Lithuania (BoL) oversees five payment systems, namely: LITAS-RLS, LITAS-MMS, KUBAS, TARGET2-LIETUVOS BANKAS, and LITAS-PHA. However, among these systems, only two, the LITAS-RLS, and the LITAS-MMS are clearly classified as systemically important systems (SIPS) by the BoL on its website. However, there is no information publicly available as to the compliance of these two systems with the Committee on Payment and Settlement Systems' (CPSS) Core Principles for Systemically Important Payment Systems (CPSIPS). The LITAS-RLS is the large-value real-time gross settlement system, and the LITAS-MMS is Lithuania's retail payment system. The two systems began operating in January 2007 and replaced the then existing SIPS LITAS, which had been assessed in 2005 by the BoL. The BoL in its 2006 Annual Report concluded that the LITAS system complied with nine of the ten CPSIPS. TARGET2-LIETUVOS BANKAS and LITAS-PHA are two euro real-time gross settlement systems which started to operate in November 2007, but it is unclear from publicly available information if these two systems are systemically important. TARGET2-LIETUVOS BANKAS is a component of the Trans-European Automated Real-Time Gross Settlement Express Transfers (TARGET2) system, which provides harmonized payment services under a single shared platform across its member countries.
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