133/2017 Sb.
GOVERNMENT REGULATION
of 10 June 1999. April 2017,
amending Government Decree No. 243/2013 Coll. on investment
investment funds and on techniques to their management, as
Government Regulation No. 11/2014 Coll.
The Government ordered pursuant to section 215 of paragraph 1. 2 and § 284 paragraph 1. 2 of law no 240/2013
Coll. on investment companies and investment funds, as amended by
Act No. 336/2014 Coll., Act No. 377/2015 Coll., Act No. 148/2016 Coll.
and Act No. 368/2016 Coll.:
Article. (I)
Government Regulation No. 243/2013 Coll. on investment and investment funds
techniques to their management, as amended by regulation of the Government No. 11/2014
Coll., is amended as follows:
1. In article 1 (1). 1 introductory part of the provisions, the words "the requirements for the
qualitative criteria ' shall be replaced by the "quality requirements".
2. The footnote number 2 to 14, 17, 19, 21 to 23 and 25 are deleted, and the
including links to those footnotes.
3. In article 1 (1). 1 (b). and the introductory part of provisions) (e). (b)), (b). (c))
the initial part of the provisions, (a). (d)), g) and in (b). (h)), the word "rules"
replaced by the word "rules".
4. In section 1 (1). 1 (b). f), the words "rules for the use of" shall be replaced by
the words "rules of use".
5. In section 1 (1). 1 (b). and) point 1, section 1 (1). 1 (b). (d)), section 1 (1). 3
(a). and), section 22 para. 2 (a). (b)), § 25 para. 3 and in section 65 paragraph 1. 2 (a). (b))
the words "assets" shall be replaced by "the things".
6. In section 1 (1). 1 (b). and section 2, §) 1 (1). 3 (b). (b)) and in section 3, paragraph 3. 1
(a). (d)), the words "property values" are replaced by the word "things".
7. in section 1 (1). 1 (b). (e)), the word "techniques" shall be replaced by
"techniques".
8. In section 1 (1). 1 (b). (h)), the word "standard" is deleted.
9. in section 1 (1). 1 (b). I), the word "limits" shall be replaced by the word "limits".
10. In section 1 (1). 2 the words "requirements for qualitative criteria
the rules, techniques and limits of "shall be replaced by" qualitative
the requirements of the rules, techniques and limits referred to ".
11. in section 1 (1). 3 of the introductory part of the provisions, the words "the requirements for the
qualitative criteria the rules "shall be replaced by" qualitative requirements
the rules ".
12. in section 1, paragraph 4 reads:
"(4) this regulation also governs the Fund of qualified investors,
the obhospodařovatel is entitled to exceed the determined limit,
qualitative requirements for limits on the use of the leverage effect on
the account of the Fund and for the provision of investment instruments from asset
This Fund as a financial collateral or a comparable collateral
According to the law of a foreign State or another security. ".
13. in paragraph 1, the following paragraph 5 is added:
"(5) If this regulation Uses the concept of
and standard Fund) is meant to cover in the case of standard Fund, which
creates the sub-funds, the Sub-fund of the Fund, standard
(b)) foreign investment fund is meant to cover the case of a foreign
Investment Fund, which creates a device comparable to the sub-funds, this
equipment; Meanwhile, the device is not comparable to the SICAV,
If the assets in that device use to meet the debt is not
the debt of this device,
(c) a collective investment fund), meant to cover in the case of the Fund
collective investment undertakings, that creates the sub-funds, the Sub-fund of the Fund
collective investment undertakings,
(d) the Special Fund) is meant to cover in the case of a special fund, which
creates the sub-funds, the Sub-fund special pool,
(e) real estate fund), meant to cover in the case of the real estate fund, which
Sub-fund of the Fund will be gradually merged, creating real estate
(f)) money market fund, meant to cover in the case of money market fund
that creates the sub-funds, money market sub-fund
g) short-term money market fund, meant to cover in the case of short-term
money market fund, which creates a sub-fund will be gradually merged, short-term
money market fund
h) Fund of qualified investors, meant to cover in the case of the Fund
qualified investors, which produces the sub-funds, the Sub-fund of the Fund
qualified investors. ".
14. in the heading of part two, title I, part 1: "the things".
15. in section 2 (2). 1, § 2, paragraph 1. 2 (a). (d)), § 32 para. 2 and in § 45 para. 1
(a). and) the words "material value" shall be replaced by the word "thing".
16. in article 2, paragraph 5 shall be deleted.
17. in section 3, paragraph 3. 1 (b). (c)), the word "released" is replaced by ", which
is a valuable paper or book-entry securities issued ".
18. in section 3, paragraph 3. 1 at the end of the text of subparagraph (c)), the words ",
If it satisfies the condition of this investment securities in accordance with subparagraph (a)), or
(b)) ".
19. in section 3, paragraph 3. 1 (b). (d)), section 10 (1). 2 (a). (c)), § 16, § 22 para. 2
(a). (b)), § 32 para. 4, § 33 para. 4, § 45 para. 2 (a). (d)), section 65 paragraph 1.
2 (a). (b)) and in § 81 para. 1 the words "assets" are replaced by
the word "things".
20. in section 3, paragraph 3. 1 (b). (d)), the number "16", the words ",
If it satisfies the condition of this investment securities in accordance with subparagraph (a)), or
(b)) ".
21. in section 3, paragraph 3. 2 (a). (c)) the introductory part of the provisions, the word "price"
replaced by the word "value".
22. in section 3, paragraph 3. 2 (a). (c)), point 1, the words "accurate, reliable and
the usual price is the market price, or the price specified in a way that is
independent "is replaced by" reliable and regular awards, which is
closing rate announced by the market, or other awards of the independent ".
23. in section 3, paragraph 3. 2 (a). c) point 2, the words "investment analysis
opportunities "are replaced by" investment research ".
24. in section 3, paragraph 4 is added:
"(4) in this regulation, the term" investment securities "does not include
investment securities, which is a valuable paper or book-entry
securities issued by investment fund or foreign investment
the Fund; This does not apply in the case of investment securities referred to in paragraph
1 (b). c).".
25. In section 3, paragraph 5 shall be deleted.
26. in section 4, the following paragraph 4 is added:
"(4) for the purposes of this regulation, investment securities
does not include derivative, if in relation to the underlying does not use
leverage effect. ".
27. in paragraph 12 (a). a), the words "property value" shall be replaced by
"thing".
28. in § 17 paragraph 2. 1, after the word "Fund" is inserted after "(§ 98)."
29. in section 21 para. 3 the words "investment fund" shall be replaced by "Fund
for collective investment ".
30. in paragraph 22 of the paragraph. 1 introductory part of the provisions, the words "12 and" are deleted.
31. in section 22 para. 4, the words "Property value" shall be replaced by the word "thing".
32. In § 25 para. 4, after the word "from", the words "paragraphs 1 and 2," and
the words "and section 22 paragraph 1. 1 "are replaced by the words" § 22 para. 1 and section 23 ".
33. In paragraph 25 is at the end of paragraph 5, the following sentence "while ensuring the
risk limit may be waived pursuant to § 246 para. 1 of the law on
investment companies and investment funds, but no longer than for a period of
6 months from the date of the standard Fund, whose Statute allows him to
invest as a child of the Fund, or from the date on which the Act came into effect
to change the status of standard Fund so that this Fund enables the
invest as a child or to another fund management fund
so far. ".
34. In section 30 paragraph 2. 2 letter d) is added:
"(d)) the standard Fund is at all times able to meet its obligation to
convert funds or deliver the underlying asset arising from the
financial derivative agreed on behalf of the Fund. ".
35. In § 31 para. 2 first sentence, section 33 para. 2 of the introductory part of the provisions, and in
§ 33 para. 3 the words "assets" shall be replaced by "the things".
36. In § 31 para. 2 the second and the last sentence, the word "values" is replaced by
the word "things".
37. In article 31, the following paragraph 3 is added:
"(3) paragraph 2 shall not apply to securities and uncertificated securities
securities issued by one issuer, if these securities, or
book-entry securities or taken over by the guarantee for them to State, territorial
municipality of a Member State, or the international financial
the organization is a member of one or more Member States, if
a) is indicated in the status of standard Fund
(b)) is the standard in the Statute fund specifically referred to State, territorial
municipality of a Member State or an international financial organization,
in relation to which may exceed the limit of 20% of the value of the asset
standard pool
(c)) are in the possession of the standard of the fund securities at any time
or book-entry securities from at least six different emissions and
d) securities and uncertificated securities of a single issue does not
than 30% of the value of the assets of the Fund. ".
38. In § 32 para. 2, the words "or a bond issued by a State with a rating in
investment-grade "are replaced by the words" or high-quality bond ".
39. In § 33 para. 2 (a). and the word ") and" is replaced by "high
high-quality and, unless the securities or book-entry securities
acceptable as a financial collateral for monetary operations of the Czech national
banks on the domestic money market ".
40. In § 33 para. 2 (a). (c)), the words "or by the issuer, who has been granted
credit rating other than investment-grade, ' shall be deleted.
41. section 34 including the title reads as follows:
"§ 34
Ensure the financial management standard Fund derivative
For the things provided by the Fund to ensure the standard of the financial derivative
agreed on the standard account of the Fund, § 31 para. 2 and 3, § 32 para. 2
and (3) and § 33 para. 2 and 3 shall apply mutatis mutandis. ";"
42. In footnote No 20, the words "IAS 39-financial instruments:
recognition and measurement and IAS 40 investment property "shall be replaced by
the words "as amended".
43. In section 35 para. 1 (b). and), § 36 and § 44 para. 1 the word
"standard" is deleted.
44. In the title above § 36, the words "standard undertaking"
shall be replaced by the word "undertaking".
45. Under the indications section 38 shall be inserted before the heading "overall exposure of a child
the Fund ".
46. In paragraph 38 of the introductory part, the words ' the provisions of the liability standard
method, ' shall be deleted.
47. In § 43 para. 4 at the end of the text of subparagraph (b)) the following words "
international accounting standards governed by the law of the European Union ^ 20) ".
48. In paragraph 43, the following paragraph 5 is added:
"(5) Currency derivative for the purposes of this regulation,
whose underlying asset is the exchange rate or currency. ".
49. In section 44 para. 1 and 2, the words "the funded capital" shall be replaced by
"assets".
50. in part three, title I, title of piece: "stuff".
51. In § 45 para. 1, letter a) the following new subparagraph (b)), which read as follows:
"(b)) a security or book-entry securities issued by the Fund
qualified investors, or a comparable foreign investment
the Fund ".
Subparagraph (b)), and (c)) shall become points (c) and (d)).)
52. In article 45, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
53. In § 45 para. 3 the words "and which implies the right of settlement in
the money or the right to at least one party to choose whether it wishes to
cash settlement "shall be deleted.
54. In the title of § 47 and in the title of § 63, the words "collective Fund
investment or comparable "shall be replaced by" investment fund
or ".
55. In section 47, paragraph 3 reads:
"(3) to a special fund to acquire equity securities or book-entry
securities issued by the Fund of qualified investors or comparable
foreign investment fund,
and manages to) this Fund of qualified investors, or
comparable foreign investment fund obhospodařovatel true
exceed the determined limit,
(b)) If this Fund of qualified investors or comparable
foreign investment fund offer in the Czech Republic and
(c)) if the Fund invests qualified investors or comparable
Foreign Investment Fund depending on your status or a comparable
the document only to the things you can take into the fortune of this special
Fund. ".
56. In § 47 para. 4, the words "1-3" shall be replaced by "1 and 2".
57. In article 51, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
58. In paragraph 63, the following paragraph 5 is added:
"(5) The securities or book-entry securities specified in §
paragraph 47. 3 you cannot invest more than 10% of the value of the assets of the Special
Fund. ".
59. In § 64 para. 1 is the text "25%" is replaced by the text "50%", the words "of the Fund
a collective investment undertaking "shall be replaced by the words" investment fund "and
the word "comparable" shall be deleted.
60. In article 64, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
61. In section 65 paragraph 1. 1 introductory part of the provisions, the words "12 and" and the words "2
and "are deleted.
62. In section 70 para. 4, the words "assets" shall be replaced by
"in matters".
63. In paragraph 70, at the end of paragraph 5, the following sentence "for the Special Fund
§ 25 para. 5 the second sentence shall apply mutatis mutandis. ";"
64. In § 71 para. 1 the words "only from the person who is authorised
the counterparty and the Czech National Bank is subject to supervision, the supervisory authority
another Member State or of another State, the national supervisory authority "shall be replaced by
the words "with a maturity of less than 6 months".
65. In § 77 para. 1 (b). a) after the word "derivative", the words ",
that does not meet the requirement of § 30 paragraph 2. 2 (a). a),".
66. In section 77, paragraph 2:
"(2) the method of calculating the total exposure of Special Fund defined article. 6
up to 11 and annexes I to III to the regulation, the Commission delegated Regulation (EU) No.
231/2013 of 19 May. December 2012, supplementing Directive
The European Parliament and of the Council of 2011/61/EU as regards exceptions, General
conditions governing activities of the depositary, leverage,
transparency and monitoring; § 44 para. 1 for a special fund it
accordingly. ".
67. section 78, including the title reads as follows:
"§ 78
Ensure the financial derivative or commodity derivative provided
Special Fund
Special Fund for cases provided in order to ensure the financial derivative
or commodity derivative negotiated on behalf of the Special Fund, the section 31
paragraph. 2 and 3, § 32 para. 2 and 3 and § 33 para. 2 and 3 shall apply mutatis mutandis. ";"
68. In § 79 paragraph 2. 1, the word "only" is replaced by "i".
69. In paragraph 79, paragraph 4 shall be deleted.
70. In article 80, paragraph 3 shall be deleted.
71. In article 84, paragraph 3 shall be deleted.
72. In the fifth, the designation "title I", including the title.
73. section 90 to 93, including headings and footnotes, no 24 shall be deleted.
74. section 95, including the title.
75. In part five, title II, including the title.
76. In the title of section 98, the words "investment fund" shall be replaced by "Fund
for collective investment ".
77. In paragraph 98 of the introductory part of the provisions of section 98 (a). and) and in section 98 (a). (b))
the initial part of the provision, the words "investment fund" shall be replaced by
"collective investment fund".
78. In paragraph 98 (a). (b)) points 1 and 2, the words "investment fund" shall be replaced by
the words "collective investment fund".
79. In paragraph 98, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) in the case of a public limited company with variable capital,
that does not create compartments, are taken into consideration for the purposes of paragraph 1 only
the assets of the investment activity and investment debt. ".
Article II
The effectiveness of the
This Regulation shall enter into force on 1 January 2000. June 2017, with the exception of article. (I)
section 23, which shall enter into force on 3 December 2005. January 2018.
Prime Minister:
Mgr. Sobotka in r.
1. the Deputy Prime Minister for economy and Finance Minister:
Ing. Sport in r.
