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On Applications Under The Law On Investment Companies And Funds

Original Language Title: o žádostech podle zákona o investičních společnostech a fondech

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247/Sb.



DECREE



of 24 July 2003. July 2013



on applications under the Act on investment companies and investment

funds



Change: 344/2014 Sb.



The Czech National Bank provides under section 297 para. 4, § 314 para. 6, § 316

paragraph. 6, § 318 para. 6, § 319 para. 6, § 320 paragraph. 3, § 322 paragraph. 5, §

324 paragraph. 4, section 325 paragraph. section 454, paragraph 6. 1 and 2 and section 532 of Act No.

240/2013 Coll. on investment companies and investment funds:



PART THE FIRST



GENERAL PROVISIONS



§ 1



The subject of the edit



(1) this Ordinance in addition to the General requirements under the administrative code

sets out the requirements for an application, its form and method of administration.



(2) in the areas of management, administration and implementation of the related

the activities of the Decree regulates the application for



and activities) investment companies, Government

Investment Fund and the foreign person under section 481 of the law on investment

companies and investment funds (hereinafter referred to as the "Act") and to the activities of the

the main administrator



(b)) change in the authorised investment company or investment

the Fund under section 647 of the Act,



(c) the authorisation to practise) additional activities corresponding to the investment

services,



d) consent to business under other legislation, and



e) consent to the performance of functions under section 515 of the Act.



(3) in the field of qualified participation and control of the decree modifies the request

about



and) consent to the acquisition or increase of a qualifying holding in the investment

the company, a government investment fund or the main

the administrator, or to take over those persons and



b) consent to the acquisition or increase of qualifying holding investment

companies authorized to manage collective investment fund on the

another legal entity.



(4) in the field of investment Fund Ordinance regulates the application for



and consent to change translates into higher) standard of the Fund, the depositary

standard of the Fund and of the Statute of the Fund, standard



(b)) to write to the lists maintained the Czech National Bank, and changes to data

listed in those lists,



c) giving consent to any substantial change in the notice of the offer

investment in another Member State,



(d) determining the comparability of foreign) investment fund with a special

the Fund and the



e) for the purposes of the designation of the mutual fund and the Trust Fund.



(5) in the field of transformations and their activities, the Decree regulates the application for



and conversion) of the investment company, the main administrator and

Investment Fund,



(b)) withdrawal of authorisation to the activities of investment companies, Government

Investment Fund, a foreign person pursuant to section 481 of the Act and the main

Administrator and the withdrawal of authorisations for the activities of the investment company, or

Investment Fund under section 646 of paragraph 1. 1 of the Act, and



(c) the appointment of the liquidator) of the investment company.



§ 2



Definition of terms



For the purposes of this Ordinance, means the



and) documents confirming the business a full dump file, or other document of the

registration or other record under another legal

Regulation ^ 1), or for similar records abroad, containing the information

valid at the time of submission of the application, including information about the submitted application for registration

in the appropriate register, which has not been made on the date of submission of the application,



(b) to assess the trust document) Declaration of the person, which includes

personal details of the person to the action statement of criminal records and

information on professional and business integrity of the person in the last 10 years

concerning in particular:



1. a decision on a sanction for an administrative offence or a comparable

foreign decisions related to employment, functions or

the business activities of the person,



2. the decision of the bankruptcy or insolvency petition for rejection

lack of assets,



3. the decision of the suspension or withdrawal of authorisation to trade or

other activities, unless the withdrawal at the request of the person who is

the holder of such authorisation,



4. refusal of the consent of the Court or administrative authority with the choice, the appointment of

or provisions to a function or with the acquisition of a qualifying holding or to

mastery of the person, if such consent is required, and



5. the decision to exclude from the Professional Association, Chamber or association,



(c) a document issued by a foreign State) about the integrity of the document is similar to the statement of

criminal records ^ 2) not older than 3 months issued by a foreign State,



1. the natural person is a citizen, as well as the foreign State in which the

natural person in the last 3 years continuously resided for a period longer

than 6 months,



2. in which it has or had in the past 3 years the seat of the legal person,

as well as the foreign State in which the legal person has or in the last 3

years organizational unit of the undertaking, if the laws of that State

regulates the criminal liability of legal persons,



(d)) financial statements



1. the annual report and financial statements for the last 3 financial years, or for the

the period during which the applicant carries on business, if it is

This period is shorter than the 3 financial years; in the event that the applicant is

included in the consolidated Group, whether the consolidated annual report and the

the financial statements for the same period; If it has to be in accordance with other legal

the rules relating to accounting ^ 3) financial statements verified by an auditor,

is presented financial statements certified by the Auditor,



2. documents of similar documents in point 1, if it is a foreign

a legal entity or natural person, foreign business, and



3. proof of income for the last 3 years and a summary of assets

and debt, if it is a natural person,



e) identification data



1. the name, or name, surname, date of birth, home address,

or registered office, if different from the address of residence, ID number

person, if allocated, in the case of a natural person,



2. the trade name or name, address and identification number of the person if

granted, in the case of a legal person, and



3. name or designation, in the case of a mutual fund or a trust fund,



f) information about the persons with close links ^ 4) list and the identification

data of persons with close links, description of the structure of the Group and of the way

the link and graphically illustrated the relationship between closely

the related entities, including whether the legislation of the State in whose

the territory has a person with close links shall not prevent supervision headquarters the United

the National Bank, and on the subject of activities of individual people with a narrow

link, including information, whether it is a person who is authorised by the

the national supervisory authority of another Member State to act as a foreign person with

similar activities as the regulated entity in the financial market, or is

the controlling entity of such a person,



g) controlled by a person on the financial market a legal person established in the

the Member State in which the activity is an activity of the Bank, merchant

securities, investment companies, pension companies,

insurance and reinsurance undertakings, credit institutions, electronic

of money, or other activity on the financial market, which is subject to supervision

the competent authority of the Member State,



(h) the applicant's intention to strategic intention) to consent to the acquisition or to

increase of qualifying holding on to a legal person or to its domination of the

relating to the



1. the period for which it is to be kept or that qualified has

a person controlled by,



2. the amount of the anticipated changes in qualifying holdings in the short and

long term,



3. the expected participation in the strategic management of the legal person,



4. any support for additional own resources of a legal person, if

It will be necessary for the development of the activities or to maintain its activities,



5. agreements with other shareholders in or members of a legal person, and



6. the projected development of the activities of legal persons in relation to the

the existing business plan and on the distribution of profit policy or

reimbursement of losses including dividend policy, how to finance the next

the development of a legal person, the management and control system, any

changes in staffing, and the strategic development of the legal person,

If the qualified participation exceeds 20% of the share capital

or voting rights of a legal person or a legal person is to be

controlled by,



I) particulars of the professional practice



1. information about the nature of professional practice,



2. the person is, or was, professional practice, exercised,



3. the classification of the work and, in the case of the importance of practice for the operation of

on the financial market also description of the activities, including the extent of

powers and responsibilities,



4. the definition of the period during which the activity was carried out in accordance with point 3, and



5. consent to the exercise of a job title that is required by other legal

the legislation, if such consent was necessary,



j) data on education



1. the name and the type or the type of educational institution, program of study and its

focus, the duration of the study program, method and date of their

studies, or titles, and



2. Overview of courses, internships and study visits with relevance to the action on the

the financial market, with an indication of their passing, the focus, the length of the

duration and where titles.



PART TWO



THE REQUEST FOR AUTHORIZATION, CONSENT TO AMENDMENT OF AUTHORIZATIONS


Under section 647 of the ACT, with the power of ENTREPRENEURIAL ACTIVITY and to the exercise

FUNCTIONS under section 515 of the ACT



Investment company



(§ 479 (1) and (2) of the Act)



§ 3



(1) the Particulars of the request for authorisation to the activity of investment companies

are



and) identification of the applicant,



(b)) the data on the amount of initial capital and the applicant and the location of

capital,



(c)) the range of activities under section 485 paragraph. 1 (b). (b)) to (e)) of the Act, for which the

the applicant requests the authorisation,



(d) indication of whether the applicant) asking for permission to exceed the record

limit,



e) indication of the day, to which the permission for the purpose of

According to § 13 para. 1 of the Act, where appropriate, permission to administer in accordance with §

paragraph 43. 1 of the Act, if the applicant intends to carry out the Administration, and



(f)) of the annex referred to in paragraphs 2 to 6, as appropriate, in accordance with section 4, if it intends to

the applicant must perform the activities corresponding to the investment services.



(2) Annexes containing basic information about the applicant are



and the social contract) ^ 5) to the extent provided by law,



(b)) the proof of origin of initial capital, including capital,

where appropriate, other financial resources of the applicant and



(c)) in the event that it is already accrued legal person in accordance with § 15 para. 1

the law further



1. proof of permission to conduct business,



2. the financial statements of the applicant,



3. the list of proposals to declare invalid the resolution of the general meeting of

where no court proceedings on the date of submission of the application has been finally terminated,

If such proposals were raised,



4. the document to assess the credibility of the applicant and a document issued by a foreign

State of the integrity of the applicant and



5. detailed information on the circumstances of going over the applicable limit including

calculating the value of Fund assets, or according to § 16

the law, stating the date on which it was going over the applicable limit

found.



(3) Annexes containing information about leading people ^ 4) the applicant and the

persons performing the function pursuant to § 21 para. 5 of the Act are



and a list of officers and) persons performing the function pursuant to § 21 para.

5 of the Act, including their identification data and placing the function you

they have to perform, and competences and responsibilities associated with the appropriate

function; a person who has another way to actually control the applicant,

also indicate, on the basis of what the person is really actually drive

the applicant,



(b)) for each person named in the letter a)



1. the document for examination by the trust,



2. a curriculum vitae containing information on education and training, and information

an overview of past and current membership in the elected bodies of other

legal persons,



3. a document issued by a foreign State of integrity and



4. Declaration of incapacitation.



(4) Annexes containing information on persons with a qualified

participation ^ 4) on the applicant, persons, and of persons acting in concert with a narrow

by linking are



and the list of persons qualified) the participation of the applicant and the persons

acting in concert with another person have a qualifying holding in the applicant,

including graphically depicted relations between such persons, with

identification data of these persons and with an indication of the amount of the qualified

participation in the capital or voting rights expressed in

percentage or other forms of application of significant influence over the management

the applicant, by the persons acting in concert, on the

basis of experience acting in concert, and information on exercise

the voting rights of each person on this list,



(b) a list of the heads of legal) persons referred to in letter a), proof to the

the assessment of credibility and a document issued by a foreign State of integrity

each person on this list,



c) proof of the business, the financial statements, the document to assess the

trust and a document issued by a foreign State on the integrity of each person

referred to in point a),



(d) information on persons with) close links with the applicant,



(e)) the opinion of the authority, which carries out the supervision of a person with a qualified

the participation of the applicant in the country of its registered office, to the intent of the person to participate in the

in the Czech Republic related to the business of the applicant, if a person with

qualifying holdings in the applicant financial institutions located outside the

the territory of the Member State of which he is such a sight in the country of its registered office

exercised,



(f)), on the basis of a contract with the person mentioned in the letter a) becomes

the controlling entity of the applicant, if such contracts are concluded, or

the draft of such an agreement and



g) information about the personal link of the person with a qualifying holding on

the applicant, with a different legal entity relating to the present and the past

the membership of this person in the elected bodies of other legal persons for

during the last 10 years and containing identifying information other

legal entities, the indication of the functions and the term of Office; If a person with

qualifying holdings in the applicant legal person, enter the following information

for the persons mentioned in the list referred to in subparagraph (b)).



(5) Annexes containing information on the activities of the investment company

are



and business plan) ^ 6) applicants to the first 3 financial year activities

in the scope of the data accounts under other legislation ^ 3)

with comments to the individual items of the plan, which always contains the basic

basis on which the plan is built, and a description of the means of ensuring

activities in the projected scope, including the targeting of investment

the strategy of investment funds and foreign investment funds, which

It intends to manage,



(b)) on the implementation of the draft Treaty the Administration, if the applicant does not

to carry out the administration of the investment fund or foreign investment

the Fund, including the identification details of the administrator, unless

result from the draft Treaty,



(c) the draft internal rules of applicant) including in particular



1. the management and control system ^ 7),



2. the rules of conduct in the performance of activities and the provision of other

Services ^ 8),



3. the rules and the extent of disclosure of information and data to investors ^ 9),



d) if the applicant intends to delegate the activities of another person,

the identification data of that person and the draft Treaty on delegation

activities,



e) documents proving the fulfilment of the requirements under the directly applicable

Regulation of the European Union governing the European venture

capital ^ 10) if the applicant intends to use the qualified funds

risk capital in accordance with article 3 (b). (b)) of this code, or

comparable foreign investment funds, and



f) documents proving the fulfilment of the requirements under the directly applicable

the European Union's regulation governing the European social funds

business ^ 11), if the applicant intends to use the qualified funds

social entrepreneurship in accordance with article 3 (b). (b)) of this code, or

comparable foreign investment funds.



(6) the Annexes containing information about the personal and material security

activities are



and the list of persons) will be as the head of divisions or as

separate persons to ensure



1. the activities of the investment company, consisting of

management of investment funds and foreign investment

of the funds,



2. the activities of the investment company consisting in the implementation of the

Administration,



3. the compliance function,



4. risk management and



5. the performance of the internal audit,



(b) the curricula vitae of all persons referred to) in the list referred to in point (a))

containing information on education and training and



(c) the type of processing and design) registration information, communication with the

owners of securities and dematerialised securities issued by

investment funds or foreign investment funds, management

accounting and economic evidence and conducting other records referred to in

the decree governing the details of certain rules under the law on

investment companies and investment funds, and the proposal method

technical security activity.



§ 4



If the applicant intends to carry out the activities of the relevant investment services

under section 11 (1) 1 (b). c) to (f)) of the Act, the application of annexes are further



and the intent of the applicant in the field), the performance of these activities and the extent of these

activities in relation to the various types of investment instruments,



(b)) whether and what activities pursuant to section 11 (1) 1 (b). c) to (f))

the applicant intends to carry out the Act for another,



(c)) the rules for creating investment strategies in the management of

the assets of the customer, change options investment strategies and options

These strategies affect the customer,



(d) a description of the substantive, organizational) and staffing of these

activities,



(e)) the list of persons, which will be as the head of divisions or as

separate persons to ensure the performance of these activities,



f) CVS of all persons referred to in letter e) containing information on the

education and training and



g) rules of internal control and risk management in relation to the performance of these

activities.



§ 5



(1) if the person with a qualifying holding in the applicant, ^ 4) regulated

the person in the financial market, the applicant does not, under section 3, paragraph 3 of the annex. 4

(a). b) to (d)), and (f)).



(2) If a person with a qualifying holding in the applicant, any person whose

qualified participation is determined by the indirect share ^ 4) through

the controlled person in the financial market, the applicant




and, does the annex pursuant to §) 3 (2). 4 (b). b) to (d)), and (f)), and



(b) the final decision) attaches a competent supervisory authority which

This person has been granted consent to the acquisition of qualifying holding on

the controlled person in the financial market; If such a decision is not

the relevant supervisory authority is issued, the applicant shall provide a representation of the

authority that the person has acquired a qualified participation in the regulated person

on the financial market with his knowledge, and in accordance with the law of the country of residence of

the controlled person in the financial market.



§ 6



In the case of an application for authorisation to the activity of investment companies, which

It plans to use only qualified venture capital funds

in accordance with article 3 (b). (b)) usable code directly in the European Union

relating to the European venture capital funds, qualified funds

social entrepreneurship in accordance with article 3 (b). (b)) usable

the European Union's regulation governing the European social funds

business, or a comparable foreign funds, and whose registered office, and the actual

registered office or to be in the Czech Republic, are the attachments to the application referred to in

the type of a qualified pool only attachments under § 3 para. 5 (b). (e)), and

(f)).



§ 7



Amendment of an authorisation to an investment company activities under section 647 of the law



In the case of a change request authorised investment companies

referred to in section 642 of the Act, which manages only the Special Fund that

is the Fund of qualified investors, or comparable foreign

Investment Fund, the necessities of the application are



and) identification of the applicant and of the applicant's funds, manages, and



(b)) annex containing the information and data to demonstrate that the applicant

the record does not limit, including the calculation of the value of Fund

or managed assets under section 16 of the Act, indicating the date on which the

These data and information acquired.



Government investment fund



(To section 480 of the Act)



§ 8



(1) the Particulars of the request for authorisation to the activities of the Government

Investment Fund are



and) identification of the applicant,



(b)) a type of investment fund under section 486 paragraph. 1 (b). (b)) of the Act, which

authorization is applied for,



(c)) the data on the amount of initial capital and the applicant and the location of

capital,



(d) indication of whether the applicant) will carry out its own administration,



e) placing whether the applicant is requesting permission to exceed the determined limit,



f) indication of the date on which the management of permissions

According to § 13 para. 1 of the Act, where appropriate, permission to administer in accordance with §

paragraph 43. 1 of the Act, if it intends to carry out its administration and



g) of the annex referred to in paragraphs 2 to 6.



(2) Annexes containing basic information about the applicant are



and the social contract)



(b)) the proof of origin of initial capital, including capital,

where appropriate, other financial resources of the applicant, and of the extent of the repayment

the share capital and



c) in the case that it is a legal entity already accrued,



1. proof of permission to conduct business,



2. the document to assess the credibility and



3. a document issued by a foreign State of integrity.



(3) Annexes containing information about leading people ^ 4) of the applicant,

persons with a qualified interest ^ 4) on the applicant, persons acting in

conformity and persons with close links are of the annex referred to in § 3 (1). 3 and

4. the annexes pursuant to § 3 (2). 3 gives the natural person who is

empowered legal person, which is the statutory body of the individual

Investment Fund, in the statutory authority for this investment

the Fund represented the, if it is not a statutory body, or other

the head of the person of the legal person and does not have the prior approval of the United

National Bank pursuant to section 515 of the Act.



(4) Annexes containing information on the activities of self-governing

Investment Fund are



and business plan) ^ 6) applicants to the first 3 financial year activities

in the scope of the data accounts under other legislation ^ 3)

with comments to the individual items of the plan, which always contains the basic

basis on which the plan is built, and a description of the means of ensuring

activities in the planned activities,



(b)) on the implementation of the draft Treaty the Administration, if the applicant does not

to carry out its administration, including the identification details

the administrator, if it does not result from the draft Treaty, and further

confirmation of the person of the administrator in the case of an authorisation to an activity

Government investment fund will this contract,



(c) the draft internal rules of applicant) including in particular



1. the management and control system ^ 7) and



2. the rules of conduct in the performance of activities ^ 8),



d) if the applicant intends to delegate the activity to another person,

the identification data of that person and the draft Treaty on delegation

activities,



(e)), or its depozitářská contract proposal, together with the written

the promise of the depositary enter into this agreement or contract

future concluded with a person who will be the depositary for the activity

Government investment fund to carry out,



(f) the draft statute Government) investment fund,



(g) the method of disclosure of data) proposal to investors under section 241 or act

§ 293 of the law in the case that it is a special fund or Fund

qualified investors, and



h) proposal for a means of ensuring the prerequisites specified in § 248 paragraph. 1

the law, if the Government is to be the standard Fund and investment fund

If it is a child of the investment fund.



(5) Annexes containing information about the personal and material security

activities are



and the list of persons) will be as the head of divisions or as

separate persons to ensure



1. the exercise of the activities of the Government investment fund consisting in its

management,



2. the exercise of the activities of the Government investment fund consisting in

implementation of administration where the applicant will perform the Administration itself,



3. the compliance function,



4. risk management and



5. the performance of the internal audit,



(b) the curricula vitae of all persons referred to) in the list referred to in point (a))

containing information on education and training,



(c) the type of processing and design) registration information, communication with the

owners of securities and dematerialised securities issued by

Government Investment Fund, accounting and economic

other registration, keeping records, according to the decree governing the details of the

some of the rules under the law on investment companies and

investment funds, and how technical security activity.



(6) If a person with a qualified interest in the Government investment

the Fund controlled person in the financial market, § 5.



§ 9



In the case of an application for authorisation to the activities of government investment

the Fund, which is supposed to be a qualified pool of risk capital according to

Article 3 (b). (b)) usable code directly in the European Union

relating to the European venture capital funds or a qualified

social entrepreneurship Fund referred to in article 3 (b). (b)) usable

the European Union's regulation governing the European social funds

business, the attachments to the application are



and the social contract)



(b)) evidence of the business of the legal entity under § 15 para. 1

the law, if this person is applicant for authorisation,



(c) information on the residency of the applicant),



d) documents proving the fulfilment of the preconditions referred to in article 14(2). 1

directly applicable European Union legislation governing European funds

venture capital, the applicant has to be qualified by the Fund risk

capital referred to in article 3 (b). (b)) of this code,



e) documents proving the fulfilment of the preconditions referred to in article 15(2). 1

directly applicable European Union legislation governing European funds

social entrepreneurship, the applicant has to be qualified by the Fund

social entrepreneurship in accordance with article 3 (b). (b)) to this regulation, and



f) proof of prerequisites under section 533 of paragraph 1. 2 of the Act, if it is

the applicant is a legal person pursuant to § 15 para. 1 of the Act, which has

exceed the determined limit.



§ 10



Change permission to the activities of the investment fund under section 647 of the law



In the case of a change request authorisation for the activities of the investment fund

referred to in paragraph 643 of paragraph 1. 2 of the Act, the property will not be managed in an

under the contract, the formalities of the application are



and) identification of the applicant and the



(b)) annex containing the information and data to demonstrate that the applicant

the record does not limit including the calculation of the value of Fund

or managed assets under section 16 of the Act, indicating the date on which the

These data and information acquired.



§ 11



A foreign person as obhospodařovatel



(Section 481 of the Act)



(1) the Particulars of the request for authorisation to the activities of the foreign person is

located in a State which is not a Member State, consisting of the

management of special funds of comparable foreign

investment funds, funds for qualified investors or comparable

foreign investment funds and offering of investment in these funds,

are



and) identification of the applicant,



(b) the amount of data) and equity of the applicant and the location of

capital,




(c) whether the applicant) the indication is or is not comparable to the Government

Investment Fund,



(d) the scope of the activity under section) 485 paragraph. 1 (b). b) to (e)) of the Act, for

the applicant applied for the issue of permits,



(e)) the identification of the person that will be for the applicant to pursue

activities pursuant to § 38 paragraph 1(a). 1 (b). (d)), n) and o) of the Act, including the confirmation of the

This person about the readiness to carry out these activities,



f) identification of the administrator, if different from the applicant,



(g) an indication of whether the applicant) asking for permission to exceed the record

limit,



h) an indication of the date on which the management of permissions

According to § 13 para. 1 of the Act, where appropriate, permission to administer in accordance with §

paragraph 43. 1 of the Act, if it intends to carry out the Administration, and



I) of the annex referred to in paragraphs 2 to 5.



(2) Annexes containing basic information about the applicant are



and) proof of the business and enabling the supervisory authority of the home

State for the purpose of a foreign investment fund equivalent to the

Investment Fund, which the applicant intends to use in the United

Republic, if the information referred to in this permit do not result from the proof of

the business,



(b) the decision of the competent authority of the applicant) of the intention to operate in the United

Republic,



(c)) justification the conditions for the selection of the United Kingdom be

the reference state of ^ 12)



(d)), the financial statements and



(e)) to assess the applicant's trust document and a document issued by a foreign

State of the integrity of the applicant.



(3) Annexes containing information about leading people ^ 4) of the applicant,

persons performing the function pursuant to § 21 para. 5 of the Act, and the personal

and physical security activities are within the scope of the annex referred to in § 3

paragraph. 3 and 6.



(4) Annexes containing information on persons with a qualified

participation ^ 4) on the applicant, persons, and of persons acting in concert with a narrow

by linking the attachments are in the range referred to in § 3 (1). 4.



(5) Annexes containing information on the activities of the applicant are



and) information pursuant to § 3 (2). 5 (b). a) to (d)),



(b)) strategy for offering investments in investment funds, and foreign

the funds, which the applicant worked,



(c)) if the applicant intends to engage in activities pursuant to section 11 (b). c) to (f))

the law also



1. the documents referred to in paragraph 4,



2. enable the supervisory authority of the State of the seat of the applicant to pursue activities

amended the investment services



3. information about the way of investor protection,



4. information on the means of ensuring compliance with the capital requirements ^ 13),



5. Description of the guarantee system, which the applicant attended and from which the

the refund shall be paid by the customer, and



(d) design method of disclosure of data) to investors under section 241 or act

§ 293 of the Act in the case of a special fund or fund management

qualified investors.



(6) If the applicant intends to proceed



and) under section 481 paragraph. 2 of the Act shall submit confirmation of your supervisory authority

the home state of the prerequisites specified in § 481 paragraph. 1 (b).

(b)), and (c)) of the Act, and presented to the annex in accordance with paragraphs 2 to 4,



(b)) under section 492 of the Act, the application shall be accompanied by documents proving

the facts mentioned in section 492 paragraph. 1 (b). a) and b) of the Act.



The main administrator



(Section 482 of the Act)



§ 12



(1) a request for authorisation to the necessities of the activities of the main administrator

are



and) identification of the applicant,



(b) the amount of data) and equity of the applicant,



(c) the range of activities involving the implementation of) Administration pursuant to section 487

the law, for which the applicant applied for the issue of permits,



(d) the indication of the day), to which the permissions to administer according to the

§ 43 para. 1 of the Act, and



(e)) of the annex referred to in paragraphs 2 to 6.



(2) Annexes containing basic information about the applicant, the information

to the extent referred to in § 3 (1). 2 and further information about other business

the activities, which will be performed or exercised by the applicant, if it

It is not apparent from the evidence of the business.



(3) Annexes containing information about leading people ^ 4), persons with

^ 4) qualifying holdings in the applicant, persons acting in concert and

persons with close links are information scope according to § 3 (2). 3 and

4.



(4) Annexes containing information on the activities of the main administrator

are



and business plan) ^ 2), the applicant for the first three financial years

activities in the scope of the data accounts under other legislation

along with the commentary to the individual items of the plan that always includes

basis on which the plan is built, and a description of how

reinsurance activities in the projected scope,



(b) a draft of the internal rules of the applicant) including in particular



1. the management and control system ^ 15) and



2. the rules of conduct in the performance of activities and the provision of other

^ 16) and services



c) if the applicant intends to delegate the activities of another person,

the identification data of that person and the draft Treaty on delegation

activities.



(5) Annexes containing information about the personal and material security

activities are



and the list of persons) will be as the head of divisions or as

separate persons to ensure



1. implementation of administration,



2. the compliance function,



3. risk management and



4. the performance of the internal audit,



(b) the curricula vitae of all persons referred to) in the list referred to in point (a))

containing information on education and training and



(c) evidence of the means of ensuring) the Administration and leadership of other records

According to the decree governing the details of certain rules under the law on

investment companies and investment funds, and how technical

security performance activities.



(6) if the person with a qualifying holding in the principal administrator

the regulated entity in the financial market, § 5.



section 13 of the



Additional authorization to pursue the activity of a corresponding investment services



(Section 507 of the Act)



(1) the Particulars of the request for additional authorization to pursue the activity of

amended the investment services pursuant to § 11 (1) 1 (b). c) to (f))

the investment company act or a foreign person pursuant to section 481 of the Act,

that is not comparable to a government investment fund, are



and) identification of the applicant,



(b)) activity, for which the applicant applied for the grant of authorisation, and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) Annexes containing information related to the exercise of the activities

referred to in paragraph 1 (b). (b)) are



and business plan) ^ 6) applicants to the first 3 financial year activities

in the scope of the data accounts under other legislation ^ 3)

with comments to the individual items of the plan, which always contains the basic

basis on which the plan is built, and a description of the means of ensuring

activities in the projected scope of the activities and



(b) under section 4 of the annex).



(3) if the applicant for an authorisation for the provision of activities referred to in

paragraph 1 (b). (b)) a foreign person pursuant to section 481 of the Act, that is not

comparable to a government investment fund, also



and the State supervisory authority) to allow the applicant to the provision of Headquarters activities

the relevant investment services



(b)) information about how to ensure compliance with the capital requirements ^ 13)

and



(c) a description of the guarantee system) which the applicant attended and from which the

the refund shall be paid by the customer.



§ 14



Consent to the exercise of entrepreneurial activity



(For section 508, paragraph 1, of the Act)



(1) an application for consent to the necessities of the business in accordance with other legal

the provisions of the investment company, the main administrator and foreign

person authorised under section 481 of the Act, which is not comparable to the

Government Investment Fund, are



and) identification of the applicant,



(b)) the other business activity, for which the applicant is requesting

consent, and



(c)) of the annex referred to in paragraph 2.



(2) Annexes containing information related to the performance of other

business activities under other legislation are



and the predicted effects of additional business) activities on the orderly and

a prudent exercise of the activities of the applicant,



(b) draft internal rules), which takes into account the performance of the other business

activities, mainly of the internal rules governing the procedures for the management of

risk assessment and the measures to reduce such risks,



(c) the individual types) the analysis of crisis situations in the implementation of other

business activities, which may have a negative impact on the proper performance of

the applicant's activities, and procedures for dealing with such situations.



§ 15



Consent to the performance of functions under section 515 of the Act



(1) the Particulars of the request for prior consent to the performance of functions under section

515 of the Act are



and) identification of the person to be granted, including

indication of whether this is a



1. the head of the person, or



2. the person pursuant to § 21 para. 5 of the Act,



(b)) identification of persons for which the function is to be exercised, and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application as the person referred to in paragraph 1 (b). and) are



and to assess the trust document),



(b)) biography containing information on education and training, and information

an overview of past and current membership in the elected bodies of other

legal persons,



(c) a document issued by a foreign State) about the integrity and



(d)) Declaration of incapacitation.




(3) Other attachments related to the applications referred to in paragraph 1 are



and a description of the feature you) a person referred to in paragraph 1 (b). and)

exercise, including powers and responsibilities associated with this feature and

the anticipated date of the provisions to the function; a person who has a different

way to actually control the person referred to in paragraph 1 (b). (b)), also

justification on the basis of what the fact this person controls



(b)) the identification and function of the person that the person referred to in paragraph

1 (b). and) replaces and



(c)) the organizational structure of the person referred to in paragraph 1 (b). (b)), if

to change due to a change in senior management.



PART THREE



CONSENT TO THE ACQUISITION OF A QUALIFYING HOLDING OR TO DOMINATE



Consent to the acquisition or increase of a qualifying holding in the investment

the company, a government investment fund or the main

the administrator, or to dominate these people



section 16 of the



[To section 520 (1) (a) to (c).)) of the Act]



(1) the Particulars of the application for consent to the acquisition or increase of qualifying

participation in the investment companies, government investment fund or

the main administrator (hereinafter referred to as "regulated legal person") or to

mastery of these people are



and) identification of the applicant,



(b)) identification of controlled legal entities on which to take

or increase the qualified participation or to be mastered,



(c)) the current, newly acquired and the resulting total amount of qualified

participation in the capital or voting rights, expressed in

percentage or other form of application of the relevant influence on the management of

the applicant,



(d)) information related to the exercise of voting rights, the content of which is

an indication of whether



1. participation is also in its own name and on its own account,



2. voting rights will be exercised in favour of a third person,



3. voting rights will be transferred to another person on the basis of the agreement

or contracts,



4. the applicant is controlled by a person,



5. the applicant acting in concert with the person to whom the performance was converted

of the voting rights or which may exercise significant influence on the

a regulated entity, and

(e)) of the annex referred to in paragraphs 2 to 4.



(2) Annexes containing information about the applicant and his intention to acquire

or to increase a qualifying holding in the regulated legal person or

control are



and) proof of the business, in the case of a legal person, or

a natural person entrepreneur



(b)) the proof of origin of the financial resources, which is paid for the acquisition of

or increase of qualifying holding on the regulated legal person or

the other person, which is also a qualified participation,



c) description of the facts on which leads to a mastery of the regulated

legal persons, and records of the origin of the financial resources, which should be

applied to the redemption of the share of partnership that is not a controlling person,



d) strategic plan under section 2 (b). h) related to a qualified

participation in the regulated legal person or with its dominating,



(e)), the financial statements,



(f)) to assess the applicant's trust document and a document issued by a foreign

State of the integrity of the applicant,



g) information on persons with close links with the applicant,



h) description of the relationship between the applicant and the regulated entity, on which

the applicant proposes to acquire or increase the qualifying holding or control,

and the relationship of the applicant to persons with a special relationship to the regulated

a legal person, at least to persons who are senior management

or members of the supervisory body of the regulated legal person,



I) the list of persons acting in concert with the applicant have, take, or

increase a qualifying holding in the regulated legal person or

embrace them, together with their identification data, the amount of the share or

other forms of participation in the regulated legal person and a description of the facts

which leads to a concerted practice,



j) list and the identification data of the heads of the applicant, proof to the

the assessment of credibility and a document issued by a foreign State of integrity

each person on this list, if the applicant is a legal person,



the personal information link) of the applicant with another legal entity

concerning the present and the past of the applicant's membership in the elected

bodies of other legal entities, for the period of the past 10 years, and

containing identification details of the other legal entities, the indication of the functions and

the term of Office; When the applicant is a legal entity, provide the following

information for persons included in the list referred to in subparagraph (j)), and



l) the opinion of the authority, which supervises the applicant in his country of

Headquarters, to the person's intention to participate financially in the Czech Republic on

business regulated legal person or dominate it, when the applicant is

person established outside the territory of a Member State.



(3) if in connection with the acquisition of a qualifying holding or controlling

experience a change in senior management, regulated legal person, are part of the

the application also attachments that contain information about the newly proposed head

the person, which are



and) identification, including the features,



(b)) whether this is a change in the number of senior people or replacement

the current senior management, in the case of a change in the number of Heads of State

whether and to what extent it is associated with a change in the powers and competences, and in

the case of the exchange of the existing senior management shall bear the head of a person who is

atomically,



(c) to assess the trustworthiness of information),



d) biography containing information on education and training, and an overview of the

past and present membership of the elected bodies of other legal

people and



(e) a document issued by a foreign State) of good character.



(4) when the applicant is a person who asks for your consent only because of the management,

management and custody of assets of the customer, not the applicant shall be obliged to

enclose the documents referred to in paragraph 2 (a). (b)).



§ 17



cancelled



section 18



Special provisions



(1) if the applicant for the granting of consent to the acquisition or increase of

qualified participation in the regulated legal person or to grant

the consent of the legal entity to dominate the regulated person, Czech

National Bank in the past 5 years has granted consent to the acquisition or

increase qualified participation in the regulated legal person or to

domination of the regulated legal person, then that person shall attach to the request



and according to § 16) the opinion paragraph. 2 (a). l), documents and the supporting documents referred to

in § 16 para. 2 and 3, for which there was a change compared with the situation in which

It was a prior consent to the acquisition or increase of qualifying holding on

regulated legal person or to its domination of the independent, and



(b) a declaration by the applicant that) other particulars and documents submitted by the United

the National Bank in a previous request to grant consent to the acquisition or to

increase of a qualifying holding or to grant consent to mastery

regulated persons remain unchanged.



(2) if the applicant for approval to acquire or increase qualifying

participation in the regulated legal person or to its domination of the

the regulated entity in the financial market, is annexed to the application



and) proof of permission to conduct business,



(b) strategic intent,)



(c)) the proof of origin of funds, which is paid for the acquisition of

or increase of the qualifying holding, and



(d) a description of the facts), on that basis, the applicant becomes a person

controlling regulated legal person and evidence of the origin of

resources, which should be applied to the redemption of the share of partnership that

is not a controlling person.



(3) if the applicant Has to acquire or increase a qualifying holding in the regulated

a legal entity controlled by the person in the financial market, to

the application shall be accompanied by only the final decision of the competent supervisory authority,

which he was granted consent to the acquisition of qualifying holding on

the controlled person in the financial market. If such a decision is not

the relevant supervisory authority is issued, the applicant shall provide a representation of the

supervisory authority, that the applicant has acquired a qualified participation in the regulated

the person in the financial market, with his knowledge, and in accordance with the law of the country of residence of

the controlled person in the financial market.



§ 19



Qualified participation by the investment companies authorized to manage

a collective investment fund to another legal entity



(To section 509 of the Act)



(1) the request for consent of the Formalities of the investment company qualifying

to manage collective investment fund to acquire or increase

qualified participation in another legal entity (hereinafter referred to as the "target person")

are



and the applicant and the identification data) the destination of the person on whom it is to be acquired

or increased participation,



(b)) the existing and newly acquired and the resulting total amount of participation on the target

the person in the preparation and



(c)) of the annex referred to in paragraph 2.



(2) the annexes to the application referred to in paragraph 1 are



and) proof of the business of the target person is acquired or

increased qualified participation, where appropriate, the information about the subject of the activity

the target of the person, if there is no proof of permission to do business

This person,



(b) the decision of the competent authority of the applicant) related to attend or

to increase the shareholding to the target person



(c) the financial statements of the target persons),



d) description of relations between the applicant and the target person on which the applicant intends to


to acquire or increase qualifying holdings, and of the applicant's relationship to persons with

a special relationship to the target person, at least to people who

are senior management, members of the supervisory body of the target person



(e)) the list and details of the persons acting in concert with

by the applicant, shall have or increase a qualifying holding in the target

the person stating the amount of the share or other forms of participation in the target person and

the facts on the basis of which the agreement occurs, and



f) strategic plan in connection with the acquisition or increase of

qualifying holding in the target person.



PART FOUR



THE CHANGE TRANSLATES INTO HIGHER, THE DEPOSITARY AND STATUS OF STANDARD FUND



section 20



The change translates into higher standard Fund



(To section 525 of the Act)



(1) the request for consent to the necessities of the change translates into higher

standard of the Fund are



and) identification



1. the applicant,



2. standard Fund, whose management is to be transferred to another

translates into higher,



3. translates into higher, on which the management is transferred,

If it is not the applicant, and



4. the depositary standard Fund referred to in point 2 and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and a description of the conditions and manner) to convert a standard Fund in

Another translates into higher management,



(b)) financial statements prepared as of the last future translates into higher

day of the calendar month preceding submission of the application,



(c) the opinion of the depositary of the Fund) to change translates into higher standard,



d) proof of the business, if the applicant is a foreign person,

and



(e) the external supervisory authority) the opinion that the applicant is entitled to

use of the standard funds, if this does not result from

proof of permission to conduct business.



section 21



Changing depository standard Fund



(For section 527 of the Act)



(1) the request for consent to Arrangements by changing depository standard

the Fund are



and) identification



1. the applicant,



2. identification of the standard of the Fund, which has to be changed

the depositary, and



3. identification of the depositary and the future



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and depozitářská Treaty, if applicable), its proposal, along with the written

the promise of the future depositary enter into this agreement, or a contract of

a future,



(b)) the existing proof of the termination of the contract and depozitářské



(c) confirmation of the depositary of the Fund) standard on the creation of prerequisites for

fulfilment of the obligations of the depositary of the Fund resulting from the law, standard,

If the future depositary the depositary of the Fund was not yet standard.



section 22



To change the status of a standard pool



(To section 529, 380 and 433 of the Act)



(1) the request for consent to the necessities of the changing status of standard Fund

are



and) identification of the applicant and the standard of the Fund,



(b)) of the annex referred to in paragraph 2 and



(c)) of the annex referred to in paragraphs 3 to 5, according to the nature of the changes to the Statute of the

standard pool.



(2) the annexes to the application are



and the full text of the Statute) valid standard Fund showing the

the proposed changes, together with their reasons for



(b) the full text of the Statute), the new standard of the Fund.



(3) if the reason for the amendment of the Statute of the Fund allow standard invest

as a child of the Fund under section 246 of the Act or a change in the management of the Fund has already

the existing child Fund, are attachments to the application referred to in paragraph

1, in addition to the annexes referred to in paragraph 2, also



and the agreement under section 251) para. 1 of the law or its application between

the child's maturity and maturity Fund and

the administrator of the management of the Fund to conduct between them, if the

required by law,



(b)) the agreement under section 257 paragraph. 1 of the law or its application between the depositary

child Fund and the depositary of the management of the Fund to conduct

between them, except where the same person



(c)) the agreement pursuant to § 261 para. 1 of the law or its application between the auditor

child Fund and auditor of the management of the Fund to conduct between the

them, unless the same person,



(d) a certificate of the competent authorities) the home Member State of the management

the Fund, if it is not established in the Czech Republic, that the Fund management or its

the Sub-fund invests not as a child of the Fund or in securities or to

book-entry securities issued by child funds,



(e)) the social contract of the management of the Fund, if it is established in another Member

State,



f) documents comparable to the status of the management of the Fund and the communication of

key information to investors that the management of the Fund, if established in the

another Member State, and



g) notices to investors about the proposal to begin investing as a child Fund

under section 249 of the Act.



(4) If a change in the Statute of the Fund in relation to the child

clear the management of the Fund with the liquidation, or in a manner comparable with the

liquidation under the law of a foreign State, shall submit a obhospodařovatel this

child Fund to the request for approval under section 380 of the Act in addition to the annexes,

that are listed in paragraph 2, a decision that also translates into higher

It intends to invest assets in the child Fund in securities

or book-entry securities issued by other Management Fund, or

whether it intends to continue to invest assets in that Fund as a child

obhospodařovatel standard pool that is not a child of the Fund.



(5) If a change in the Statute of the child Fund in connection with the

the participation of his management of the Fund to the merger or amalgamation, or other

the conversion, as admitted by the law of the foreign State, or its cancellation

According to the law of a foreign country without liquidation, submit to obhospodařovatel

This child of the Fund to the application for prior approval in accordance with § 433

the law, in addition to the attachments which are listed in paragraph 2, the decision also

that translates into higher intends to invest assets in the child

of the Fund in securities or book-entry securities issued by

the existing management or other controlling Fund Fund, or whether it intends to

continue to invest assets in that Fund as a child

obhospodařovatel standard pool that is not a child of the Fund.



PART FIVE



WRITE TO LISTS KEPT BY THE CZECH NATIONAL BANK AND CHANGE THE DATA IN THE FOLLOWING

LISTS



Article 23 of the



Entry on the list of foreign investment funds to which they can be

investments offered in the Czech Republic



[To section 597 d) or (e)) of the Act in conjunction with section 316 paragraph. 6, § 318

paragraph. 6, § 319 para. 6, § 320 paragraph. 3, § 322 paragraph. 5, § 324 paragraph. 4 and §

paragraph 325. 6 of the Act]



(1) the Particulars of the request for entry on the list of foreign investment

the funds are



and) identification



1. the applicant,



2. foreign investment fund, to which they may be investment

offered in the Czech Republic,



3. the depositary of a foreign investment fund and



(b)) of the annex referred to in paragraphs 2 to 5, depending on the type of offer

foreign investment fund.



(2) the annexes to the application, in the case of offering investments in foreign

Investment Fund pursuant to § 316 paragraph. 1 of the Act, are



and the permissions granted by the foreign obhospodařovateli) investment fund

supervisory authority of another Member State for the purpose of this Fund

proving the legitimacy of the decisive and limit translates into higher exceed



(b)) the agreement pursuant to section 316 paragraph. 2 (a). (b)) of the Act or other document

proving that such an agreement exists.



(3) the annex to the application, in the case of offering investments in foreign

Investment Fund under section 319 para. 1 of the Act and Section 322 paragraph. 1 of the Act,

the authorization granted by the foreign obhospodařovateli investment fund

supervisory authority of another Member State for the purpose of this Fund.



(4) the annexes to the application, in the case of offering investments in foreign

Investment Fund under section 324 of paragraph 1. 1 of the Act, are



and the authorization granted by the foreign obhospodařovateli) investment fund

supervisory authority of a State which is not a Member State, for the purpose of

This Fund and



(b) evidence of the emergence of foreign) investment fund.



(5) the annexes to the application, in the case of investments in foreign

Investment Fund under section 325 paragraph. 3 of the Act, are



a) Supervisory Authority authorisation issued by another Member State to comparable

with the permit under section 481 of the Act foreign obhospodařovateli

Investment Fund for the purpose of this Fund, and



(b)) to the agreement of the home supervisory authority of a foreign investment fund,

the home Member State which is not a Member State, and the supervisory authority of another

the Member State which granted the authorization referred to in obhospodařovateli

and in writing), for the exchange of information necessary for the exercise of supervision and the exchange of

information in tax matters.



section 24



Write standard Fund



[To section 511, paragraph 1, in conjunction with § 597) (a) and (b)) of the Act]



(1) the application for registration of the Fund Arrangements for collective investment such as

standard of the Fund to the list of investment funds under section 597 (f). and)

or (b)) of the Act are



and) identification



1. the applicant,



2. the depositary and



3. standard Fund



b) Head Office Standard Fund, in the case of an investment fund with

legal personality, and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application are



and standard Fund) the statute or its proposal,



(b)) confirmation of the person who will be the depositary, that created the preconditions for the


the fulfilment of obligations under the Act and of legislation implementing it,



c) evidence of the prerequisites under section 248 paragraph. 1 of the Act, in the case of

write standard Fund, which is supposed to be a child of the Fund,



(d)) to enable the authority of the home State, if applying for registration

a foreign person pursuant to § 14 para. 1 of the Act, and



(e)) of the annex referred to in § 3 para. 5 and 6, which are affected by changes in the

connection with the management of the Fund, to which the standard is

asks.



(3) If a depositary of an investment fund to be a person who is not registered

in the list of repositories maintained by the Czech National Bank pursuant to § 596 (a). (e))

the law, are also the data to the application attachments referred to in § 29 para. 1

(a). (b)) (a). 2.



§ 25



Write data on sub-standard pool



[To section 511, paragraph 2 in conjunction with § 597) (a) of the Act]



(1) the necessities of the application for registration of data on sub-standard Fund

the list of investment funds under section 597 (f). and) of the Act are



and) identification of the applicant and depositary,



(b)), pursuant to section 166 of the subfund designation Act and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application are



and the Statute of the Sub-fund or statute) investment fund, if the Statute

incorporated into the Statute of this sub-Fund's investment fund, or their

the proposals,



(b)) confirmation of the person who will be the depositary of the Sub-fund that has created

prerequisites for fulfilment of the obligations under the law and the legislation it

performing from the perspective that the investment fund may create

compartments,



c) evidence of the prerequisites under section 248 paragraph. 1 of the Act, if it

registration of data on sub-fund, which is to be the child of a standard

the Fund, and



(d)) to enable the authority of the home State, if applying for registration

a foreign person pursuant to § 14 para. 1 of the law.



(3) if it is to be the depository of the Sub-a person who is not registered in the list of

the depositaries of the maintained by the Czech National Bank pursuant to § 596 (a). e) of the Act,

are attachments to the application as referred to in § 29 para. 1 (b). (b)), and

paragraph. 2.



section 26



Registration of an investment fund, which is not a government investment fund



[To section 513 (1) and § 514 in conjunction § 597) (a) of the Act]



(1) the necessities of the application for registration of an investment fund that is not

Government Investment Fund, to the list of investment funds under section

(a) 597. and) of the Act are



and) identification



1. the applicant,



2. persons registered in the list referred to in paragraph (b), 596. (f)) of the Act, which at the time of

submission of the application the applicant manages assets, when the applicant is already resulting from the

legal person,



3. individual statutory authority of the applicant,



4. the depositary and



5. the administrator, if the administration of the investment fund does not

individual statutory authority of the applicant in accordance with point 3, that is, or has

be the person authorized to manage the investment fund, and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and the social contract of the applicant),



(b)) the Statute of the European Investment Fund and



c) proof of the business, when the applicant is already resulting from the

legal person.



section 27 of the



Entry on the list of investment funds with the legal form of the trust

Fund



[To section 597 (b), (c)) of the Act]



Particulars of the request for entry on the list of investment funds with

the legal form of the Trust Fund are



and) identification



1. the applicant,



2. the depositary and



3. investment fund that has the legal form of the Trust Fund and



(b)) of the annex, which are



1. status of the Trust Fund and



2. the Treaty on the creation of a Trust Fund pursuant to § 148 paragraph. 1 of the law.



section 28



Write to lists of investment funds under paragraph 597 of the law



(1) the application for registration to the necessities of the lists referred to in paragraph 597 of the Act in

cases not covered by paragraph 23 to 27, are



and the description of the article writing) under section 597 (f). a) to (d)) of the Act,



(b) identification of the applicant),



(c)) identification



1. translates into higher, unless the person referred to in subparagraph (b)),



2. an Enrollee investment fund, unless the person referred to in point (a)

(b)),



3. the depositary and



4. the administrator, if the administration of the investment fund does not perform his

obhospodařovatel,



(d) the type and nature of the body) and the legal form of investment fund, if it is not

evident from the written identifications, investment fund, and



(e)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



a) document from which it is clear that obhospodařovatel is authorized to

to manage the Fund, for which registration is sought,



b) authorisations or equivalent document, from which it is clear that the

obhospodařovatel written investment fund is or is not entitled to

exceed the determined limit, unless with the permission of translates into higher

granted by the Czech National Bank,



(c)) the status of an investment fund or a similar document,



(d) a document comparable to a listing of) commercial register or equivalent evidence

concerning the foreign investment fund,



e) document that contains information for investors based in the United

Republic within the meaning of section 296 of the Act and



(f)) of the annex referred to in § 312 paragraph 1. 2 of the Act, with respect to the offering of investment

to a foreign investment fund under section 309 of the Act.



section 29



Entry on the list the depositaries of investment fund



[To section 596 e) of the Act]



(1) the Particulars of the request for entry on the the list of depositories of investment

Fund in accordance with section (a) 596. e) of the Act are



and) identification of the applicant,



(b)), whether the applicant intends to carry out activities of a depositary for the

the standard Fund, special fund or a Fund of qualified investors and



(c)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and) proof of permission to conduct business,



(b)) activity, from which it follows that the applicant is entitled to

to carry out the activities of the depositary or to provide investment services for storage

and management of investment instruments, including related services, if it

It is not apparent from the document referred to in point (a)),



(c) the intention of the applicant) in relation to the conduct of the activities of the depositary and, if

the applicant, a person under the supervision of the Czech National Bank, whether or not

the predicted effects of the performance of the activities of the depositary to the business plan

the applicant,



(d) substantive and organizational assumptions) of the applicant to ensure that the activities of the

the depositary, in particular the obligations related to ensuring individual

services that the applicant has as depositary,



e) biography containing information on education and training



1. the head of the organizational unit to the person whose competency falls

the activities of the depositary, if the applicant is a legal person, or



2. the applicant is a natural person, and



3. other people, which will ensure the activities of the depositary,



(f) the internal rules governing the procedures) to the management and control of conflicts of

interest pursuant to § 64 of law and Department of performance of other activities from the performance

the activities of the depositary pursuant to section 65 of the Act,



(g)) the draft Treaty on the credentials of the other person's performance of the activities of the applicant,

that should be the depositary of an investment fund, intends to delegate

the activities referred to in § 71 para. 1 of the Act, any other person, and the procedures for

checking the conduct of the activities to be entrusted to that person, and



h) other documents demonstrating compliance with the preconditions for the performance of obligations

the CSD arising from the law and from directly applicable regulations

The European Union, if those provisions apply to the depositary.



section 30



Entry on the list of the persons making the assets of comparable with

specifically, the



[To section 596 f) of the Act]



(1) the Particulars of the request for entry on the list of persons engaged in the administration of

the assets of a comparable achievement under section 15 of the Act, that are

required to write to the list referred to in paragraph (b), 596. (f)) of the Act, are



and) identification of the applicant,



b) information about the value the asset for each trust fund or similar

the device, which the applicant manages or intends to manage,



c) basic information about the specified strategy under section 598 paragraph. 2 of the Act, and



(d)) of the annex referred to in paragraph 2.



(2) the annex to the application are



and) proof of the applicant's business,



(b)), the list of trust funds or other similar device, which the applicant

manages or intends to manage,



c) description of the activity from which it is clear that the applicant carries on or intends to

engage in activity that constitutes a comparable with asset management

specifically, pursuant to § 15 para. 1 of the law and at the same time not different

regulated activities, and



(d)) for detailed information about the specified strategy referred to in paragraph 1 (b). (c)).



section 31



Write to the lists of liquidators and forced administrators



[To section (a) 596 g) and h) of the Act in conjunction with section 519 of the law]



(1) the Particulars of the request for entry on the list of persons who may be

appointed as the liquidator of the investment company, the Fund of collective

investing with a legal personality and the main administrator and to the list of

persons who may be appointed as investment manager forced

the company, which manages the Fund for collective investment or

comparable foreign investment fund, and the Fund for collective

investing with legal personality are



and) identification of the applicant,



(b)) the indication if there is an entry in the liquidators or write to

the list of compulsory administrators, and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application are



and the applicant's curriculum vitae) containing information on education and training,




(b) a document issued by a foreign State) of good character,



(c)) Declaration of incapacitation and



(d)) to assess the trust document.



(3) if the liquidator or forced by the foreign

person, is annexed to the application permissions also competent authority of another

of a Member State to act as liquidator or receiver.



§ 32



To change the information entered in the lists



The formalities for the change request to the data entered in the list maintained by the Czech

National Bank pursuant to § 596 and 597 of the Act are identifying information

the applicant and the information that should be in the list changed.



PART SIX



CHANGES TO THE NOTICE OF THE OFFERING OF INVESTMENT IN ANOTHER MEMBER STATE, THE DETERMINATION OF

THE COMPARABILITY OF FOREIGN INVESTMENT FUND IS A SPECIAL FUND AND THE

AUTHORISATION FOR THE PURPOSES OF THE DESIGNATION OF THE MUTUAL FUND AND THE SVEŘENSKÉHO FUND



§ 33



Changes to the notice of the offering of investment in another Member State



(§ 314 (6) of the Act)



(1) the Particulars of the request for consent with every substantial change

in the facts referred to in the notice or its annexes in accordance with § 312

of the Act are



and) identification of the applicant and the



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and the facts set out in the notice) pursuant to § 312 paragraph 1. 2 of the Act, for which the

There is a change, and



(b)) the data and documents pursuant to § 314 para. 5 of the Act.



§ 34



Determining the comparability of foreign investment fund with a special

Fund



(Section 297, paragraph 3, of the Act)



(1) the Particulars of the request for an assessment of the comparability of foreign

Investment Fund is a special fund are



and the applicant's identification data), which is the obhospodařovatel of this

the Fund, with an indication of whether he is entitled to exceed the record level, and

foreign investment fund and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and comparable to the document) the Fund rules;



(b)) of the current annual report of the Fund,



(c)) document comparable to the social contract,



(d)), the draft treaty or pursuant to § 306 para. 1 of the Act,



(e)), the text of the legislation governing foreign investment fund

and its obhospodařovatel, the administrator, and the depositary shall, to the extent necessary

for the assessment of comparability, and basic description of ongoing or

upcoming changes to this adjustment, and



(f) analysis of the comparability rules) offer, management,

Administration, investing and asset protection of foreign investment

the Fund with the rules for the Special Fund; This analysis shall take into account in addition to the

the legislation relevant for the assessment of comparability and more

the relevant rules and provides a conclusion on comparability within the meaning of § 626

paragraph. 1 of the Act, and a description of the reasons why the applicant considers the individual

for comparable rules.



§ 35



Authorisation for the purposes of the designation of the mutual fund and trust fund



(§ 531 of the Act)



(1) the application for authorisation of the necessities of the mutual fund or designation

the Trust Fund are



and) identification of the applicant,



(b)) the amount of resources for funding of the mutual fund or the Trust Fund

and



(c)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and) proof of the applicant's business,



b) documents proving the origin of a transparent and safe sources of financing

the applicant,



(c) a description of the structure of the consolidated Group), to which the applicant is included,



(d)) to assess the trust document and a document issued by a foreign State on the

integrity of the applicant,



e) in the case that the applicant is a legal person, a list of the heads of

the applicant and each person in the head



1. the document for examination by the trust,



2. a curriculum vitae containing information on education and training,



3. a document issued by a foreign State of integrity and



(f)) in case the applicant is a natural person, the applicant's statements about the

incapacitation and that it was not caused by the fact that it is an obstacle to the

trade under the law governing trade

business.



PART SEVEN



ENABLE TO TRANSFORM



(Section 356 para 1, § 360, paragraph 1, section 366 para 1, § 370 para 1, § 386

paragraph. 1, § 402 paragraph 2. 1, § 418 paragraph. 1, § 427 paragraph 1. 1, § 431 paragraph. 1, §

441 paragraph. 1 and § 449 paragraph. 1 of the law)



section 36



Conversion of investment companies



(Section 356 of the Act)



(1) the application for authorisation of the necessities of the merger or Division of investment

the company, which manages the Fund, collective investment undertakings or on the

enable the transfer of assets to the partnership, which is an investment company,

that manages collective investment fund, are



and) identification of the applicant,



(b) the indication of the type of conversion and)



(c)) of the annex referred to in paragraphs 2 to 4.



(2) Annexes containing basic information about the persons involved in the

the conversion are



and a list of the persons concerned) conversion, including those arising from the conversion,

and their identification with the indication whether it is a successor

person, company, or person being divided person accepting person, and



(b)) evidence of the business people involved in the transition.



(3) Annexes containing information about how to perform the conversion are



and conversion) project under the law governing the conversion of ^ 18) in

the form of a notarial deed, as stored in the document collection of the commercial

the index, which contains further



1. the intention and the reasons for the conversion,



2. changes that occur in the plan of a commercial activity of the recipient, or

transposing people, including the provision of a sufficient amount of capital,



3. the time and subject of the conversion, including the schedule of the plan

organizational, technical-operational and personnel integration or Division

people involved in the conversion,



4. a description of the impact of the transformation on the activities of the recipient, or

transposing people,



5. the application of the organizational arrangement of the acquiring or receiving a person,



6. information about which of the succession or transposing people will

to manage collective investment funds or assets of the customer

management of the company or person, and being divided



7. the information about that person, after the conversion of administer

investment funds and operate the depositary funds

collective investment undertakings,



(b) the expert report or reports) on the review of the project of conversion of

drawn up under the law governing the conversion, or consents to the

abandonment of their processing,



(c) an expert opinion or testimonials), drawn up under the law governing

conversion, if required and not included in the expert reports or

messages,



(d)), the financial statements of the persons concerned and



(e) the final accounts) persons involved in the conversion and the opening

the balance sheet of the recipient or transposing people and the auditor's report on the

their validation, if required, and interim financial statements and reports

Auditor's report on verification if required.



(4) Annexes containing the necessary consents and opinions are



and a joint report) statutory bodies or statutory bodies report

interested parties on the conversion, or consents to the abandonment of their

processing,



(b)) the decision of the General meetings of interested parties on the conversion,



(c)) for information about applying for the authorization to investment activities

the company pursuant to section 479 of the law the acquiring or receiving a person,

in the case of a person by way of transformation, or is to occur in the context of the

conversion to change the authorization of the acquiring or receiving

of the person,



d) consent pursuant to section 515 of the Act to exercise the function of the head of the person or persons

acting pursuant to § 21 para. 5 of law in acquiring or

the acquiring person and



e) consent to the acquisition or increase of a qualifying holding in the acquiring

or the receiving party or its domination under section 520 of the Act.



§ 37



Change in legal form the main administrator



(To section 360, paragraph 1, of the Act)



Application for authorisation of the necessities of the change in legal form the main

the administrator is identifying information of the applicant and project changes to the legal

under the law governing the conversion of forms drawn up in the form of a notarial

writing in the version stored in the document collection of the commercial register.



§ 38



The conversion of collective investment fund with legal personality



(Section 366, paragraph 1, of the Act)



(1) the necessities of the application for authorisation of the merger or Division of the Fund

collective investment undertakings with legal personality or the authorization of the transfer

the assets of the partnership, which is a collective investment fund with legal

celebrities are



and) identification of the applicant and the přeměňovaného collective Fund

investing,



(b) the indication of the type of conversion and)



(c)) of the annex referred to in paragraphs 2 to 5.



(2) Annexes containing basic information about the persons involved in the

the conversion are



and a list of the persons concerned) conversion, including those arising from the conversion,

and their identification with the indication whether it is a company

person, the acquiring person, or the person who receives the person being divided,



(b)) evidence of the business people involved in the transformation and



c) identifying information translates into higher, administrator and depositary

all the investment funds involved in the transition.



(3) Annexes containing information about how to perform the conversion and

the necessary consents and opinions are



and) the annex referred to in § 36 odst. 3 with the exception of point (a)), section 6,




(b)) of the annex referred to in § 36 odst. 4 with the exception of subparagraph (c)),



(c)) for information about applying for the authorization of the receiving or

the successor collective investment fund, if it is a self-governing Fund

transformation,



(d) the opinion of the depositary of the Fund) a collective investment undertaking to transform in the

respect of any collective investment fund participating in the

transform the statement of the result of the verification of compliance of the data

referred to in the project of the conversion of the law, the Statute and the social

the Treaty of joint investment funds involved in the transformation and



e) proposals by the administrator, the contracts between the depository and the maturity

and the successor or transposing the collective investment fund with

legal persons, are to be closed.



(4) if the conversion of collective investment funds with legal

celebrities that are standard, or foreign investment fund

funds with legal personality are comparable with the standard Fund, are

the annexes to the application



and the list of Member States) in which the funds

investment or foreign investment funds to be conversion

cancelled, authorized to offer the securities they emit or uncertificated

Securities and



(b) the notice addressed to) the Czech National Bank, in which the Member

States should be investing in for the Fund offered, if it is to be

the standard Fund.



(5) in case of conversion of a collective investment fund, which is not

Government Investment Fund, may be under § 36 odst. 4

(a). (d)) are replaced with the confirmation that will be assets translates into higher

Investment Fund to manage, that senior management investment fund

are trusted, and have the knowledge and experience needed for leadership

such investment fund.



§ 39



The conversion of collective investment fund, which has the legal form of a public limited liability

the company, a public limited company with variable capital



(§ 370 para. 1 of the law)



(1) the application for authorisation of the necessities of the conversion of collective Fund

the investment, which has the legal form of a public limited liability company, joint-stock

company with variable capital are



and) identification



1. the applicant,



2. the přeměňovaného Fund



3. translates into higher přeměňovaného Fund and



4. the depositary of the Fund and přeměňovaného



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and the social contract) proposal for joint-stock companies with variable fundamental

capital,



(b)) the general meeting of the Fund přeměňovaného to change the type of shares,



(c) the consent of all shareholders) přeměňovaného Fund, whose shares after

the conversion to become the founding shares,



d) opinion to transform translates into higher, if it is about a fund that

It is not a self-governing Fund, collective investment schemes, and



e) opinion of the depositary přeměňovaného Fund to transform.



section 40



Amalgamation of mutual funds



(Section 386, paragraph 1, of the Act)



(1) the Particulars of the application for merger of investment funds,

which have a legal form of mutual funds, are



and) identification



1. the applicant,



2. přeměňovaného mutual fund



3. translates into higher mutual fund and přeměňovaného



4. the depositary přeměňovaného mutual fund



(b) the indication of the amalgamation) pursuant to § 382 paragraph. 1 of the Act, and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application are



and decision of the amalgamation) translates into higher mutual funds



(b)) the agreement on merger, if merging is decided by more than one person,



(c)) the list and details of the mutual funds or foreign

investment funds comparable to the standard Fund participating in the

amalgamation, to be cancelled, and the identification data of the mutual

the Fund or to a foreign investment fund comparable to the standard

the Fund, which has a merger,



(d)) the project fusion under section 384 of the Act,



(e) the approval of the project) proof of amalgamation of all administrators of the mutual

the funds, to be cancelled, the merger of the



(f) a proposal for a communication on the amalgamation) under section 389 of the Act, in the case of a mutual fund

that is to be cancelled, and the merger unless it is about a merger in which the

handles communication on amalgamation, draft notification of rights to

the redemption of the share certificate, if it is a mutual fund that is to be

cancelled,



(g)) the opinion of the depositary of the mutual fund to the merger in relation to

everyone involved in the empowered splynutích, containing

the Declaration of the result of the verification of compliance of the data referred to in the project

the transformation of the law and the Statute of this mutual fund, which has

the merger of the arise,



h) identifying information translates into higher, administrator and depositary

mutual fund or to a foreign investment fund comparable to

the standard has the merger Fund, which arise,



I) draft contracts between the administrator, the depositary and the maturity

mutual fund or to a foreign investment fund comparable to

the standard has the merger Fund, which arise, and



j) data on the current equity translates into higher, that has

managed mutual fund or foreign investment fund

comparable with the standard Fund, which has a merger, and about

the current value of the assets of investment funds managed by this

maturity.



(3) when taking part in the conversion of mutual funds, which are standard

Fund, or foreign investment funds comparable to the standard

Fund, and the merger of these funds are to be withdrawn are the annexes to

request



and) list of Member States in which such funds shall be entitled to offer

securities issued by them or book-entry securities, and



(b) the notice addressed to) the Czech National Bank, in which the Member

States to be offered investments in the Fund, which has a merger

arise, it is to be a standard Fund.



§ 41



Merging mutual funds



(§ 402, paragraph 1, of the Act)



(1) the Particulars of the application for merger of investment funds,

which have a legal form of mutual funds, are



and) identification



1. the applicant,



2. přeměňovaného mutual fund



3. translates into higher mutual fund and přeměňovaného



4. the depositary přeměňovaného mutual fund



(b) the indication of the merge) pursuant to § 398 paragraph. 1 of the Act, and



(c)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application are



and the decision to merge) translates into higher funds,



(b)) draft agreement on merging, if merge is decided by more than one person,



(c)) the list and details of the mutual funds or foreign

investment funds comparable to the standard Fund which is

participating in the merger,



(d)) the project to merge under section 400 of the Act,



(e) proof of approval of the project) to merge all of the administrators of the mutual

the funds involved in the merger,



(f) communication on the merge proposal), pursuant to section 405 of the Act, in the case of a mutual fund

that the merger is to be cancelled,



(g)) the opinion of the depositary of the mutual fund to merge in relation to

each empowered, which will be affected by the merger, containing

the Declaration of the result of the verification of compliance of the data referred to in the project

merge with the law and the Statute of this mutual fund



h) identifying information translates into higher, administrator and depositary

the successor of the mutual fund or to a foreign investment fund

comparable with the standard Fund



I) draft contracts between the administrator, the depositary and the maturity

the successor of the mutual fund or to a foreign investment fund

comparable with the standard Fund and



j) data on the current equity translates into higher, that has

to manage the acquiring a mutual fund or receiving foreign

Investment Fund comparable to the standard by the Fund, and the current value of the

the assets of investment funds managed by this maturity.



(3) when taking part in the conversion of mutual funds, which are standard

Fund, or foreign investment funds comparable to the standard

Fund, and these funds are to be abolished, by the merger of the annexes to the

request



and) list of Member States in which such funds shall be entitled to offer

securities issued by them or book-entry securities, and



(b) the notice addressed to) the Czech National Bank, in which the Member

States to be the successor of the Fund investment offered, if it is to be

the standard Fund.



§ 42



The conversion of a mutual fund on the joint-stock company



(§ 418 (1) of the Act)



(1) the application for authorisation of the necessities of the conversion of collective Fund

the investment, which has the legal form of a unit trust, joint-stock

the company are



and) identification



1. the applicant,



2. přeměňovaného mutual fund



3. translates into higher přeměňovaného mutual fund



4. the depositary přeměňovaného mutual fund and



5. persons who have to subscribe to the founding shares, in the case of the conversion of

mutual fund joint-stock company with basic variables

capital, and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and the decision on conversion) translates into higher mutual fund joint-stock

the company,



(b) the draft terms of conversion) of the mutual fund to a corporation under section 416


the law, with amendments, to which the plan is to be in business

and the Organization of the joint stock company, which is converting arise and the time

a schedule of conversion,



(c)) the current amount of equity, which translates into higher has

to manage collective investment fund formed by transformation, and

the current amount of the value of the assets of investment funds managed

This maturity,



(d)) the partnership agreement resulting from the conversion of a public limited company with an indication of

the type of shares, in the case of conversion into a public limited company with variable

share capital,



(e) the commitment translates into higher to subscribe to) founding shares in the future

company with variable capital, if this is about the transformation of the

joint-stock company with variable capital, and



f) opinion the depositary přeměňovaného mutual fund to transform.



§ 43



Transformation of closed-end mutual fund to open mutual fund



(Section 427, paragraph 1, of the Act)



(1) the request for conversion of the Fund Arrangements for collective investment,

that has the legal form of the closed-end mutual fund, the Fund of collective

the investment, which has the legal form of an open mutual fund, are



and) identification



1. the applicant,



2. přeměňovaného mutual fund



3. translates into higher mutual fund and přeměňovaného



4. the depositary přeměňovaného mutual fund and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and) proof of decision translates into higher on the conversion of closed

mutual fund to open mutual fund,



(b) the draft terms of conversion with the content) the reasonable requirements of section 416

the law,



(c)) Statute of the nightclub of the mutual fund, if it is a standard

Fund, and



(d)) the opinion of the depositary of a closed mutual fund to transform.



§ 44



The conversion of the Special Fund for the standard Fund



(§ 431, paragraph 1, of the Act)



(1) the Particulars of the request for conversion of the Special Fund for the standard Fund

are



and) identification



1. the applicant,



2. the special pool, přeměňovaného



3. Special Fund and přeměňovaného translates into higher



4. the depositary přeměňovaného Special Fund and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and) proof of the decision to transform the Fund translates into higher or consent

přeměňovaného Fund translates into higher conversion



(b)) the reasons for the transformation and the likely impact on the interests of the unit-holders of the Fund,



(c)) the Statute of the securitised standard Fund



(d)) the social contract of the securitised standard Fund, if it is about

joint-stock company with variable capital, and



e) opinion of the depositary přeměňovaného Fund to transform.



§ 45



Conversion of investment fund with legal personality on the foreign investment

a fund with legal personality



(To § 441, paragraph 1, of the Act)



(1) the Particulars of the request for conversion of the investment fund, which is the Fund

collective investment undertakings with legal personality, on foreign investment

a fund with legal personality are



and) identification



1. the applicant,



2. přeměňovaného investment fund



3. translates into higher investment fund and přeměňovaného



4. the depositary přeměňovaného investment fund and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and conversion arrangements) project under section 447 of the Act,



(b) comparable with the Statute) the document, and the document comparable to the

the social contract of the securitised pool and



c) identifying information translates into higher, administrator and depositary

the securitised pool if occurs in connection with the transformation to a change

These people, or does not have to be transformed into collective investment fund

a self-governing Fund.



§ 46



The conversion of collective investment fund without legal personality on

foreign investment fund without legal personality



(To § 449, paragraph 1, of the Act)



(1) the request for conversion of the necessities of the collective investment fund without

legal personality to a foreign investment fund without legal personality

are



and) identification



1. the applicant,



2. the přeměňovaného collective investment fund,



3. translates into higher přeměňovaného the Fund for collective investment and



4. the depositary přeměňovaného collective investment fund and



(b)) of the annex referred to in paragraph 2.



(2) the annexes to the application are



and translates into higher on the conversion of decision),



(b)) draft terms of conversion under section 447 of the Act,



(c) proof of the admissibility of conversion) under the law of a foreign State which will

the home state of the securitised foreign investment fund,



d) identification, administrator and depositary translates into higher

the securitised pool if occurs in connection with the transformation to a change

These people,



e) indication of current equity translates into higher, that has

to manage a Fund, and the current value of the property

investment funds managed by this maturity, unless

on an existing Fund, and přeměňovaného translates into higher



(f) the opinion of the depositary of the Fund přeměňovaného) collective investment undertakings to

the conversion.



PART EIGHT



THE WITHDRAWAL OF AUTHORISATION



§ 47



Withdrawal of authorisations



[To section 551, paragraph 1 (b), (d)) of the Act]



(1) the Requirements of the request for withdrawal of authorisation to investment activities

company or a foreign person pursuant to section 481 of the Act are



and) identification of the applicant and the



(b)) of the annex referred to in paragraphs 2 and 3.



(2) the annexes to the application for withdrawal of an authorisation are



and the decision of the competent authority about) their activities that need to be

authorisation in accordance with the law, including the preamble,



(b) the applicant's financial statements are drawn up) on the last day of the calendar

the month preceding submission of the application,



(c)) a list of all investment funds and foreign investment funds,

the management and administration of the applicant terminates in connection with

request for withdrawal of the authorisation,



d) documents



1. convert the investment fund or to a foreign investment fund

appearing in the list referred to in subparagraph (c)) to another

translates into higher or in the implementation of another administrator, administration

or



2. merger or amalgamation or to a foreign investment fund

Investment Fund specified in the list referred to in subparagraph (c)) with the investment

Fund or foreign investment fund obhospodařovaným other

maturity or administrovaným by another administrator, or



3. disposal of the defunct investment fund or foreign

Investment Fund specified in the list referred to in subparagraph (c)),



(e) a list of all of the customers) to which the applicant providing services listed in §

11 (1) 1 (b). c) to (f)) of the Act prior to the application, unless the

the end of the exercise of those activities apparently did not occur in the context of the

preparation for the termination of the applicant's activities and commitments to such

customers were settled for at least 1 year prior to the application by

paragraph 1,



f) evidence that the applicant dealt their debts to customers

included in the list referred to in subparagraph (e)), and



(g) a statement by the applicant that) on the date of submission of the application referred to in paragraph 1

the word any investment fund or foreign investment fund and

does not the administration.



(3) evidence of the disposal of the assets of the defunct investment fund referred to in

paragraph 2 (a). (d)) of point 3 are



and the report on the liquidation) the defunct investment fund containing

details of the liquidation, the time and manner of sale of assets in the

Investment Fund or foreign investment fund, details of the proceeds of the

the sale of the property and the proceeds from the sale of the property after

settlement of claims and debts arising from the management of assets in

Investment Fund or foreign investment fund and the details of the day when

It was completed settlement of claims and debts arising from the management of

assets in the investment of the Fund or foreign investment fund,



(b)), the extraordinary financial statements prepared as at the date of cancellation of the investment

the Fund,



(c) a list of receivables and debts) arising from the management of assets in

Investment Fund, which should be settled within the framework of the liquidation, with data

their settlement,



(d) a list of the shareholders or unit-holders) of the defunct investment fund or

foreign investment fund with the information on the payment of the shares once they have been

settled claims and debts arising from the management of assets in

Investment Fund, and with data on market shares that have been saved to the

custody,



e) proof of deposit of shares referred to in subparagraph (d)) into judicial custody or

proof that the unclaimed shares were disposed of in the case where a State

fall State and



f) overview and characteristics of investors ' complaints addressed to the applicant

and an overview and characteristics of the claims in connection with the liquidation

Investment Fund.



(4) the Particulars of the request for the withdrawal of authorisation for the activities of the Government

Investment Fund are the identification of the applicant and the annex to that

in paragraph 2 (a). a) and (b)).



(5) Particulars of the request for withdrawal of the authorisation to the activity of the main

the administrator are



and) identification of the applicant and the



(b)) of the annex referred to in paragraph 2 (a). a) and b), and



1. a list of all investment funds and international funds, to which the applicant

carried out by the Administration, and



2. Declaration by the applicant that the application was lodged, does not perform


the administration.



§ 48



The withdrawal of authorisation for activities under section 646 of the Act



(1) in the case of the application of the investment company listed in section 642 of the Act,

that manages only the Special Fund which is a fund

qualified investors, or comparable foreign investment fund

for the withdrawal to the activity of the necessities of the application are



and) identification of the applicant and the investment funds, which the applicant

manages, and



(b)) annex containing the information and data to demonstrate that the applicant

does not exceed the determined limit.



(2) in the case of an application of the investment fund referred to in section paragraph 643. 2

the Act, whose assets will be maintained on the basis of the Treaty, on the

withdrawal of the authorisation to the activity of the necessities of the application are



and) identification of the applicant and the



(b)) annex containing the information and data to demonstrate that the applicant

does not exceed the determined limit.



PART NINE



REQUEST FOR THE APPOINTMENT OF A LIQUIDATOR



§ 49



(To § 346, paragraph 2, of the Act)



Particulars of the request for appointment of the liquidator pursuant to § 346 paragraph 1. 2 of the Act

are



and identification of the applicant and) the liquidator, whose appointment is

calls, and



(b)) of the annex, which are



1. the decision of the applicant of the dissolution of the company with the liquidation and

applying for the appointment of the liquidator and



2. Declaration by the applicant that the person meets the prerequisites for the liquidator

the performance of functions under section 349 paragraph 2. 2 of the Act.



PART TEN



FORM AND MANNER OF APPLICATION



§ 50



(1) the application including the required annexes referred to in this Decree shall be made

in electronic form



a) through a public data network in the data box,



(b)) to the email address of the Czech National Bank's Registrar, or



c) through Internet applications of the Czech National Bank for

registration of the entities.



(2) the annexes to the application are to Portable Document Format format (extension

PDF) or, if it is not possible to use a format Portable Document Format

(pdf extension), in another data format commonly used in electronic

contact, which does not allow changing the contents.



PART ELEVEN



COMMON AND FINAL PROVISIONS



§ 51



(1) where the nature of the request precludes submission of annex things required

This Decree, applicants shall indicate this fact in a separate annex to the

the application, together with the reasons for which cannot be annexed to the present or an indication

and these reasons adequately demonstrate.



(2) if the foreign State does not issue the extract from the register of criminal penalties or equivalent

document, shall submit to the



natural person) an affidavit of good character made before a notary public

or an institution of the State of which a citizen is a natural person, or of the State in

in the last 3 years continuously resided for more than

6 months,



(b) a legal person) an affidavit of good character made before

the notary or the authority of the State in which the legal entity is situated, or

the State in which he or she had in the past 3 years, the organizational folder

of the business.



(3) a document referred to in paragraph 2 shall not be older than 3 months.



§ 52



The effectiveness of the



This Decree shall take effect on the date of its publication.



Governor:



Ing. Singer, Ph.d., v. r.



1) for example, Act No. 455/1991 Coll., on trades

(Trade Act), as subsequently amended, Act No. 111/2009

Coll., on basic registers, as amended.



2) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



3) Act No. 563/1991 Coll., on accounting, as amended.



4) section 624 of the law No. 240/2013 Coll. on investment companies and

investment funds.



5) Section 629 of the law No. 240/Sb.



6) § 479 para. 1 (b). d) of Act No. 240/Sb.



7) section 20 of Act No. 240/Sb.



8) § 22 para. 2 (a). a) to i) Act No. 240/Sb.



9) § 241 para. 1 or § 293 of the law No. 240/Sb.



10) article 14 of European Parliament and Council Regulation (EU) no 346/2013 of

17 May. April 2013 of the European venture capital funds.



11) article 15 of the European Parliament and Council Regulation (EU) no 346/2013 from

17 May. April 2013 the European social entrepreneurship funds.



12) § 493 of Act No. 240/Sb.



13) § 28 para. 2 (a). h) Act No. 256/2004 Coll., on business

the capital market, as amended.



14) § 482 (e). d) of Act No. 240/Sb.



15) § 47 of Act No. 240/Sb.



16) § 49 para. 2 and 3 of the law no 240/Sb.



17) directive of the European Parliament and of the Council on alternative managers

investment funds and amending directives 2003/41/EC, and 2009/65/EC and regulation

(EC) No 1060/2009 and (EC) No 1095/2010.



18) Act No. 125/2008 Coll. on transformation of trade companies and

cooperatives, as amended.