CPEffective Insolvency and Creditor Rights Systems
According to the European Commission's Expert Group "Best Project" final report dealing with restructuring and bankruptcy, published in 2003, Sweden had fully adopted 24 of the World Bank's Principles and Guidelines for Effective Insolvency and Creditor Rights Systems. In addition, Sweden had almost fully adopted 12 of these principles, partially adopted three, and had not adopted one. The International Monetary Fund found in 2002 that Sweden's insolvency and bankruptcy system is "highly developed" and supported by an efficient court system. Since that time, a number of sources have noted reforms in Swedish insolvency legislation, all of which aim to strike a better balance between protecting the rights of creditors while permitting the reorganization of troubled but otherwise viable firms. Many of these reports specify the relative rarity of reorganization, and cite as a primary cause of this the existing scheme by which creditors' claims, particularly the claims of banks, tend to work toward the detriment of the reorganization process. As noted in the World Bank's 2010 Doing Business report, Sweden's average time and cost of bankruptcy proceedings are 2 years and 9 percent of the debtor estate, respectively, compared to the Organization for Economic Cooperation and Development (OECD) averages of 1.7 years and 8.4 percent. Return to creditors for Sweden at 75.1 cents on the dollar is slightly above the OECD average of 68.6.
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NCInternational Financial Reporting Standards
According to the Swedish Accounting Standards Board (BFN) website, Swedish accounting practices are primarily governed by the mandatory Annual Accounts Act (AAA) and the Book-Keeping Act, supplemented by specific requirements for unlisted, listed, and financial companies. The BFN issues standards for unlisted entities which, per the 2002 update on the Deloitte IAS Plus website, are similar to the Swedish standards issued for listed entities, but offer significant relief for smaller companies. As far as listed companies are concerned, starting in January 2005, in line with the European Commission Regulation No. 1606/2002, these companies are required to use International Financial Reporting Standards (IFRSs) in their consolidated accounts. A 2008 European Commission report on the implementation of Regulation No. 1606/2002 points out that Sweden permits IFRSs in the consolidated accounts of all types of companies, although the use of IFRSs in the annual accounts is prohibited for all companies. Annual accounts of listed companies are to be prepared in accordance with the Recommendations issued by the Swedish Financial Reporting Board (SFRB). These recommendations are based on IFRSs; however, changes have been made to the international requirements in order to adjust IFRSs to the Swedish legal and tax environment, as well as in the cases deemed necessary by the SFRB. Financial companies, including credit institutions and insurance companies, are subject to standards issued by the Swedish Financial Supervisory Authority. A 2009 PricewaterhouseCoopers publication on the adoption of IFRSs throughout the world states that the national standard-setters have not announced any convergence plans.
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ENPrinciples of Corporate Governance
The Swedish corporate governance framework is characterized by several features distinguishing it from that of many other countries, mainly in terms of its long tradition of self-regulation, structure of corporate governance, and concentrated ownership dispersion. Regarding the legal and regulatory framework, a 2002 report by Weil, Gotshal, and Manges notes that Swedish legislation (particularly the Companies Act) and listing rules include detailed corporate governance requirements. However, a 2002 International Monetary Fund's Financial System Stability Assessment suggested that the regulation of issuers was below international standards, particularly regarding enforcement. In January 2006, revisions were made to the Companies Act, focusing on the implementation of European Union (EU) directives, as well as on shareholders rights and corporate governance issues. The Swedish Code of Corporate Governance was enacted in July 2005 on a “comply or explain” basis as a supplement to the Companies Act and other legislation. Its purpose was to improve overall corporate governance through self-regulation and to address issues of poor corporate governance and decreasing investor confidence. A revised version of the Code went into effect on July 1, 2008, and extended its obligations to all companies on the NASDAQ OMX Nordic (formerly Stockholm Stock Exchange), and the Nordic Growth Market Equity Exchange. According to the website of the Swedish Corporate Governance Board, new legislation concerning mandatory corporate governance reports and disclosure of the implementation of the Code came into effect on March 1, 2009. The website also reports that further revisions have been made to the Code and are to be implemented as of February 1, 2010.
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IDInternational Standards on Auditing
According to the 2009 action plan prepared by the Swedish accounting and auditing authority (FAR SRS) for the International Federation of Accountants (IFAC), Sweden adopted International Standards on Auditing (ISAs) issued by the International Auditing and Assurance Board (IAASB) as the Swedish Standards on Auditing (SSAs). As explained in the action plan, effective January 1, 2004 the FAR SRS adopted ISAs existing as of 2000 with modifications to reflect local legal requirements. A 2009 publication by the IFAC on the adoption of ISAs around the world explains that the additions to ISAs and the differences between SSAs and ISAs are clearly identified in the text of the standards. In line with its commitment to the convergence with the international standards, as of September 2009 the FAR SRS was in the process of translating into Swedish the latest version of ISAs issued in 2009 as an outcome of the IAASB’s Clarity Project. The expected effective date of the new Swedish standards is January 1, 2011.
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IDAnti-Money Laundering/Combating Terrorist Financing Standard
The Financial Action Task Force (FATF) published a mutual evaluation report on Sweden in 2006 and concluded that the legal framework prevailing in the country to prevent money laundering and terrorist financing is generally comprehensive and encompasses most of the elements of the Vienna and Palermo Conventions. The report, however, assigns a partially compliant rating for Sweden against recommendations 5 and 13. Both these recommendations are designated as core recommendations by the FATF, implying that a country needs a rating of compliant or largely compliant with these recommendations to be adjudged as observing the FATF's requirements. Further the FATF’s assessment notes that Sweden's anti-money laundering/combating the financing of terrorism (AML/CFT) regime does not appear to be effective in terms of implementation, evidenced from the low number of prosecutions and convictions. Preventive measures and the sanctions regime for financial institutions and designated non-financial businesses and professions (DNFBPs) are also generally broad, but with weak enforcement. The Swedish financial intelligence unit, the Financial Police, is found to be competent, but lacks adequate resources. The FATF in its 2006 report recommended, among other things, that Sweden broaden its AML/CFT regime to enable more robust supervision, broaden customer due diligence and record keeping requirements for financial institutions, designate AML/CFT supervisors for the DNFBP sector, and maintain more statistics on AML/CFT law enforcement. According to the International Bar Association’s Anti-Money Laundering Forum, the Third EU Money Laundering Directive was implemented by Act No. 62 of 2009 on Measures to Prevent Money Laundering and Terrorist Financing, which came into effect on March 15, 2009. However, there does not yet seem to be any publically available information regarding the effectiveness of the implementation of this law. The FATF, in its 2008-2009 Annual Report, named Sweden as one of the jurisdictions that have endorsed the FATF's 40+9 recommendations.
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ENCore Principles for Systemically Important Payment Systems
There are several payment systems operating in Sweden. However, for the purposes of measuring compliance with the Committee on Payment and Settlement Systems' (CPSS) Core Principles for Systemically Important Payment Systems (CPSIPS), the two relevant systems are the real-time gross settlement system, the RIX, and the retail payment system, the Bankgirocentralen (BGC). Both systems were assessed by the Swedish central bank, Sveriges Riksbank (SR) recently, the RIX in 2009, and the BGC in 2008. The 2009 RIX assessment finds the system to be in observance of all relevant principles, except one. The 2008 BGC assessment also finds the system to be in observance of all relevant principles. Sweden modernized the RIX in February 2009 by updating its operating system to further reduce running costs and increase efficiency. This modernized version was implemented in September 2009. The RIX assessment was performed against the modernized version. Prior to its modernization, the RIX was comprised of the K-RIX, which settled in Swedish kroner, and the E-RIX, which settled in euro and was part of the pan-European payment system known as Trans-European Automated Real-time Gross settlement Express Transfer (TARGET) system. However, as Sweden opted out of TARGET2, the successor of TARGET, E-RIX was discontinued at the end of 2006. Assessing Sweden's payment system infrastructure in 2002, the IMF concluded that Sweden’s payment systems have a well-founded legal basis, with transparent rules and regulations, high operational reliability, and a clear statement of the rights and obligations of all parties. A 2008 World Bank survey produced similar findings. Since the publication of these reports, however, there have been changes to Sweden's payment systems architecture.
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