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.