IDEffective Insolvency and Creditor Rights Systems
In preparation for, and since actually acceding to the European Union (EU), Slovakia has undertaken significant reforms to its creditor rights and insolvency framework in order to bring it into line with EU requirements. In 2002, the World Bank found the creditor-rights framework to be "fragmented, inadequate, and inefficient," but a Commission was established to develop comprehensive reforms based on the World Bank Principles on Effective Insolvency and Creditor Rights Systems. A 2009 report by the European Bank for Reconstruction and Development (EBRD) noted that on January 1, 2006 the Act on Bankruptcy and Restructuring ("Insolvency Act") became effective, which completely reformed the bankruptcy system in Slovakia. Citing the findings of a 2006 EBRD assessment of the insolvency regime in Slovakia, the 2009 report pointed out that the Slovak Republic's insolvency laws are in medium compliance with international standards, although certain deficiencies remain. Specifically, protection of creditors in the reorganization process could be reinforced, and the creation of specialized bankruptcy courts instead of relying on the courts of general jurisdiction was recommended. Also, there is no automatic conversion to liquidation in the event of a failed reorganization, in addition to weak legal provisions concerning sanctions for breach of the terms of a reorganization plan. The EBRD noted that amendment of the Insolvency Act could improve compliance with international standards. At the time of the writing of the report, however, consideration of the bill to amend the Insolvency Act had been suspended.
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IDInternational Financial Reporting Standards
According to a 2008 European Commission (EC) publication on the implementation of International Financial Reporting Standards (IFRSs) in European Union (EU) member states, Slovak listed and unlisted companies are required to prepare their consolidated accounts in accordance with IFRSs. Slovakia thereby complies with EC Regulation No. 1606/2002, which requires all EU-listed companies to prepare consolidated accounts following IFRSs as endorsed by the EC, starting on January 1, 2005. Regarding the options provided for the extended use of IFRSs, IFRSs are required in the annual accounts of companies of public interest which include banks, insurance companies, stock exchanges, companies meeting the specified size criteria, and certain other entities. Other companies can choose to prepare financial statements in accordance with IFRSs or Slovak accounting principles. In a 2001 assessment of auditing and accounting practices in the Slovak Republic, the World Bank noted that there was a "large gap" between Slovak accounting standards and IFRSs and recommended full adoption of IFRSs. Based on the World Bank's recommendations, the Slovak authorities initiated an accounting and auditing reform program with the support of a grant from the Institutional Development Fund. The Slovak government set up the Project Implementation Unit in 2003 to strengthen the regulatory framework and the accountancy profession. As of 2008, a KPMG report noted that Slovak accounting principles were slowly converging with IFRSs; however, differences still existed.
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ENPrinciples of Corporate Governance
Preliminary results of a 2007 Corporate Governance Sector Assessment Project, conducted by the European Bank for Reconstruction and Development (EBRD), came to the conclusion that corporate governance legislation in Slovakia is in "high compliance" with the Organization for Economic Cooperation and Development's (OECD) Principles of Corporate Governance. This reflects progress from the 2003 assessment where Slovakia was evaluated as being in "medium compliance" with the OECD Principles. The World Bank, in its 2003 Report on the Observance of Standards and Codes, made recommendations in three broad categories: legislative reform, institutional strengthening, and voluntary/private initiatives. These issues have since been addressed to a certain extent. However, a 2009 EBRD country strategy report for Slovakia notes that minor shortcomings remain in relation to the "responsibilities of the board" and "rights of shareholders." Furthermore, related party transactions are not well detailed in the legislation, prosecutors lack experience in corporate law cases, and judges and lawyers have limited access to and use of case law. The Bratislava Stock Exchange issued a Code of Corporate Governance in September 2002 and updated it in 2008, which listed companies must adhere to on the "comply or explain" basis. In January 2006, the Financial Market Authority was integrated into the National Bank of Slovakia, which became the integrated financial supervision authority in Slovakia, under the 2004 Act on Supervision of the Financial Market.
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ENInternational Standards on Auditing
On May 17, 2006, Directive 2006/43/EC of the European Parliament and the Council came into force requiring all statutory audits of annual and consolidated accounts to be carried out on the basis of International Standards on Auditing (ISAs) as adopted by the European Commission (EC). European Union member states were to adopt and publish the provisions necessary to comply with this directive before June 29, 2008. Member states may impose additional requirements relating to the statuary audits of annual and consolidated accounts for periods expiring on June 29, 2010. According to the information provided on the European Commission website, Slovakia has fully transposed the above-mentioned Directive into its national legislation. In a 2001 assessment of Slovak auditing and accounting practices, the World Bank pointed out the differences between Slovak requirements and ISAs and recommended wholesale adoption of the international standards. As indicated on the Ministry of Finance website, based on the World Bank recommendations, the Slovak authorities initiated a program for reform in the area of accounting and auditing with the support of a grant from the Institutional Development Fund. One of the purposes of the reform was to ensure that ISAs would be adopted, without modifications, as mandatory auditing standards. As stated in the Slovak Chamber of Auditors 2007 self-assessment and other publications on the issue, in line with the EC directive and the World Bank recommendations, effective December 31, 2004 Slovakia adopted ISAs as national standards for auditing.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
An assessment of Slovakia's anti-money laundering (AML) and combating the financing of terrorism (CFT) regime was undertaken by the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and a report of its findings was published in 2006. According to this report Slovakia is only partially compliant with most of the Financial Action Task Force's (FATF) forty recommendations and nine special recommendations. The most significant shortcoming identified in the report is Slovakia's noncompliance with SR II, dealing with the criminalization of terrorist financing. However, a 2007 progress report submitted to MONEYVAL by the Slovak authorities indicates that they are addressing several of the shortcomings identified in the 2006 report regarding recommendations 1, 5, 10, 13, and special recommendations II and IV. According to the report, most of the insufficiencies identified in the 2006 MONEYVAL assessment will be eliminated once Slovakia has transposed the Third European Union (EU) AML/CFT Directive into its new AML/CFT Law. The Third EU Directive requires member countries to adopt the FATF's 40+9 recommendations. According to a 2009 report by the U.S. Department of State, amendments made in 2008 to Slovakia's AML Law defines, among other things, basic notions such as "terrorist financing." Furthermore, the FATF, in its 2007-2008 Annual Report names Slovakia as one of the jurisdictions that have undertaken to implement the FATF's 40+9 recommendations.
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IICore Principles for Systemically Important Payment Systems
On January 1, 2009, Slovakia adopted the euro and simultaneously became part of the Trans-European Automated Real-Time Gross Settlement Express Transfers (TARGET2). Until this transition, the systemically important payment system in the country was the Slovak Interbank Payment System (SIPS), which was also the country's real time gross settlement system. After joining TARGET2, SIPS began processing retail payments with final settlement in TARGET2-SK, Slovakia's TARGET2 component. TARGET2 provides harmonized payment services under a single shared platform across its member countries. However, there is no published report assessing TARGET2's compliance with the Committee on Payment and Settlement Systems' Core Principles for Systemically Important Payment Systems (CPSIPS) except for a statement in a 2008 European Central Bank (ECB) report, in which the ECB indicates that the system is expected to fully observe all the CPSIPS. Despite the lack of information on TARGET2, it is generally believed that the system is an improvement over its predecessor, TARGET and its component systems. Prior to joining TARGET2, Slovakia's then systemically important payment system, SIPS, was identified by a 2002 International Monetary Fund (IMF) assessment as efficient and largely observant of the CPSIPS. However, this system through the years underwent several iterations, which resulted in significant changes to the composition and legal framework of the system. Subsequent to these changes and Slovakia's joining of TARGET2 there is no information publicly available regarding Slovakia's compliance with the CPSIPS.
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