62/2006 Coll.
LAW
Dated 3 February 2006
Amending Act no. 124/2002 Coll., On transfers of funds,
electronic payment instruments and payment systems (the Act on Payment Systems
), as amended by Act no. 257/2004 Coll. and other laws
Change: 285/2009 Coll.
Change: 281/2009 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Canceled Article I
Canceled Article II
Canceled Article III
Canceled PART TWO
Amendment to the Act on Banks
Article IV
Law no. 21/1992 Coll., The Banking Act, as amended by Act no. 264/1992 Coll.
Act no. 292/1993 Coll., Act no. 156/1994 Coll., Act. 83/1995 Coll.
Act no. 84/1995 Coll., Act no. 61/1996 Coll., Act no. 306/1997 Coll.
Act no. 16/1998 Coll., Act No. . 127/1998 Coll., Act no. 165/1998 Coll.
Act no. 120/2001 Coll., Act no. 239/2001 Coll., Act no. 319/2001 Coll., Act
no. 126/2002 Coll., Act no. 453/2003 Coll., Act no. 257/2004 Coll.
Act no. 439/2004 Coll. and Act no. 377/2005 Coll., is amended as follows:
First In § 2 para. 1, letter b) shall be deleted and whilst repealing the designation
letter a).
Second In § 2, paragraph 2 deleted.
Existing paragraph 3 shall be renumbered 2.
Third In § 5a. 1, first sentence, the words "and persons authorized to issue
electronic funds established in the Member States of the European Union
" is deleted and the word "person" shall be replaced with the word "bank".
Fourth In § 5a. 1 third sentence, the words "and persons authorized to issue
electronic funds established in the Member States of the European Union
" are deleted.
Fifth In § 5a. 2, the word "person" is replaced by the word "bank".
6th In § 5a. 3, the words "or a person authorized to issue
electronic cash" and the words "and persons authorized to issue electronic
funds" are deleted.
7th In § 5a. 7 in the second sentence, the words "or a person authorized to issue electronic
funds" and the words "for people
authorized to issue electronic funds under paragraph 1
" are deleted.
8th In § 38 par. 3 at the end of letter i) is replaced by a comma and
letter j), which, including footnotes. 9c reads:
"J) financial arbitrator deciding under a special legal regulation
^ 9c) in disputes between a petitioner and an institution.
9c) Act no. 229/2002 Coll., On the Financial Arbiter, as amended by Act No. .
558/2004 Coll. ".
PART THREE
Amendment of the Czech National Bank
Article V
Act no. 6/1993 Coll., On the Czech National Bank, as amended by Law no. 60/1993
Coll., Act no. 15/1998 Coll., Act no. 442/2000 Coll., Ruling
Constitutional court promulgated under no. 278/2001 Coll., Act no. 482/2001 Coll., Act No.
. 127/2002 Coll., Act no. 257/2004 Coll. and Act no. 377/2005 Coll., is amended as follows
:
First In § 2 para. 2, Point d) a new point e)
including footnotes Nos. 1a and 1b reads:
"E) supervises the activity of electronic money institutions ^ 1)
branches of foreign electronic money institutions operating on
Czech Republic under a single license, consolidation
units, which include electronic money institutions
based in the Czech Republic and other persons who issue electronic money
by special legislation 1b)
1a) § 18b of the Act no. 124/2002 Coll., on transfers funds
electronic payment instruments and payment systems (the Act on payment systems
), as amended by Act no. 62/2006 Coll.
1b) § 19 of the payment system Act, as amended by Act no. 62/2006 Coll. ".
Existing letter e) shall become point f).
Existing footnote no. 1 is referred to as a footnote
no. 1c, including the reference to the footnote.
Second In § 2, paragraph 3 reads:
"(3) The Czech National Bank in performing their tasks
cooperates with the central banks of other states, authorities supervising banks,
electronic money institutions and financial markets of other countries as
international financial organizations and international organizations
engaged in the supervision of banks, electronic money institutions
and financial markets. ".
Third In § 24 letter a) reads:
"A) a provision promulgated in the Bulletin of the Czech National Bank Rules
Prudent business of banks, branches of foreign banks, institutions
electronic peněz1a) and branches of foreign institutions, electronic money
operating in the Czech Republic under the single license
".
Fourth In § 26 par. 1, the word "discount" is replaced by "Lombard".
fifth Under § 26 the following § 26a is inserted:
"§ 26a
Rules for fulfilling the obligations set out in § 25 and 26 provides
Czech National Bank provision promulgated in the Bulletin of the Czech National Bank. ".
Sixth in § 38 par. 1, second sentence, the word" settlement "
replaced by the word" clearing ".
seventh In § 41 par. 2 letter a) reads:
'a) banks, branches of foreign banks, electronic money institutions ^ 1)
and branches of foreign electronic money institutions operating on
Czech Republic under a single license. "
eighth in § 41 paragraph. 2 point. b) the words" bank "the words "
or electronic money institution" and the word "bank" is deleted.
ninth in § 41 paragraph. 3, second sentence, the words "and foreign bank branches
binding methodology for the compilation and organization and communication
conditions for the transmission of all information and documents "are replaced by"
branches of foreign banks, electronic money institutions ^ 1)
and branches of foreign electronic money institutions and organizational and communication
conditions for their transfer Czech national Bank ".
10th In § 41 at the end of paragraph 3 the sentence "
methodology for compiling all information and documents stipulated by the Czech National Bank measures.".
11th In § 41 paragraph. 4, the second sentence is replaced by the phrase "If the bank
branch of a foreign bank, electronic money institutions
branch of a foreign electronic money institution or other person referred to in paragraph 2
point. B) the required information and documents or fails
such information and documents are frequently incomplete or incorrect,
, the Czech national Bank pursuant to a special legal regulation 9a)
to banks, branches of foreign banks, institutions
electronic money, branches of foreign electronic money institutions and
against other persons included in the consolidation, if in the case of these people
obligation to provide information for the purposes of supervision on a consolidated basis
. ".
Footnote. 9a reads:
"9a) Act no. 21/1992 Coll., On Banks, as amended.
Act no. 124/2002 Coll., On transfers of funds, electronic payment instruments and
payment systems, as amended by Act no. 257/2004 Coll
. and Act no. 62/2006 Coll. ".
Existing footnote no. 9 is designated as footnote No.
. 9b, including the reference to the footnote.
12th In § 44 para. 1, after letter a) the following new paragraph b), which reads:
"B) of electronic money institutions ^ 1)
branches of foreign electronic money institutions operating in the Czech Republic
under a single license, consolidation units, which include
electronic money institution headquartered the Czech Republic, and
other persons who issue electronic money under special
legal regulation 1b) ".
Existing letters b) and c) are renumbered c) and d).
13th In § 44 para. 1 point. c) the words "than banks" are deleted.
14th In § 44 par. 2 point. a) the words "a permit" is replaced by "
permission and prior consent".
15th In § 49b Sec. 1 first sentence, the word "issued" the words "in
within the law".
16th In § 49b Sec. 1, second sentence, the word "and" is replaced by a comma and the word
"bank", the words "electronic money institutions ^ 1) and
branches of foreign electronic money institutions".
PART FOUR
Amendment to the Act on Capital Market
Article VI
Act no. 256/2004 Coll., On Capital Market, as amended by Act No.
. 635/2004 Coll., Act no. 179/2005 Coll. and Act no. 377/2005 Coll., is amended as follows
:
First In § 82 para. 4 point c) is deleted.
Existing letters d) to h) are renumbered c) to g).
Second In § 82 para. 4 point. f) the word "e)" is replaced by "d)".
PART FIVE
Change Trade Act
ARTICLE VII
In § 3 para. 3 point. a) Act no. 455/1991 Coll., on Trade
(Trade Act), as amended by Act no. 120/2001 Coll., Act
No. 256/2001 Coll., Act no. 477/2001 Coll., Act no. 281/2002 Coll., Act No.
. 162/2003 Coll., Act no. 354/2003 Coll., Act no. 167/2004 Coll., Act No.
. 257/2004 Coll., Act no. 38/2004. and Act no. 499/2004 Coll., for
word "bank, 11)" the words "electronic money institution-11a)
operators of payment systems-11b)."
Footnotes. 11a and 11b added:
"11a) § 18b of the Act no. 124/2002 Coll., On transfers of funds,
electronic payment instruments and payment systems (the Act on Payment Systems
), as amended by Act no. 62/2006 Coll .
11b) § 30 of Act no. 124/2002 Coll. ".
PART SIX
Canceled Article VIII
Canceled PART SEVEN
Changing the law on the social security insurance and state employment policy
Article IX
Act no. 589/1992 Coll., On premiums for social security and contribution
state employment policy, as amended by Act no. 10/1993 Coll.
Act no. 160/1993 Coll. Act no. 307/1993 Coll., Act no. 42/1994 Coll.
Act no. 241/1994 Coll., Act no. 59/1995 Coll., Act no. 118/1995 Coll., || | Act no. 149/1995 Coll., Act no. 160/1995 Coll., Act no. 113/1997 Coll.
Act no. 134/1997 Coll., Act no. 306/1997 Coll., Act no. 18/2000 Coll.
Act no. 29/2000 Coll., Act no. 118/2000 Coll., Act no. 132/2000 Coll.
Act no. 220/2000 Coll. Act no. 238/2000 Coll., Act no. 492/2000 Coll.
Act no. 353/2001 Coll., Act no. 263/2002 Coll., Act no. 309/2002 Coll., || | Act no. 362/2003 Coll., Act no. 424/2003 Coll., Act no. 425/2003 Coll.
Act no. 437/2003 Coll., Act no. 186/2004 Coll., Act no. 281/2004 Coll.
Act no. 359/2004 Coll., Act no. 436/2004 Coll., Act no. 168/2005 Coll.
Act no. 253/2005 Coll. and Act no. 377/2005 Coll., is amended as follows:
First In § 17 para. 2 at the end of the second sentence, the words "point.) And
c)".
Second § 19 including the title reads:
"§ 19
method of premium payment
(1) The premium is paid in Czech currency
a) a wire transfer from an account in the Czech Republic at the Bank || | or savings and loan association, or from an account in
abroad to the account of the relevant social security administration (§
9 and 10)
b) in cash through a bank, savings and loan
team or licensed postal services in the Czech Republic to the account
under a) and, in the case of an amount not exceeding 5000 CZK, also
employees appropriate district social security
authorized to collect premiums, or
c) in cash abroad to the account referred to in subparagraph a).
(2) the date of payment of premiums is considered
a) for wire transfers from an account in the Czech Republic at a bank
or savings and credit cooperatives day it was carried
debited from the payer's account premiums
b) for wire transfers from an account held abroad, or payments in
cash abroad the day when it was made is credited to the relevant account
social security administration (§ 9 and 10)
C) in the case of cash payments in the Czech Republic day when a bank, savings and loan association
, postal license holder or the appropriate district
Social Security cash received.
(3) The bank at which the account is maintained Social Security Administration
is obliged to inform the Social Security Administration, a day when the
debiting payments from payer account or to accept payment in cash in the bank or || | in credit unions. Postal license holder is obliged
communicate directly or through participating banks managing the social security
day he took the cash and payment in cash handed
bank that maintains his account.
(4) The postal license holder, who accepted a payment to post
pointing, forward it to perform the conversion bank that maintains his account
within 2 working days from the date when payment received; for further transfer this
payment deadlines apply according to the Payment System Act.
(5) If the postal license holder fails to comply with the time limit under paragraph 4
is obliged to pay the social security interest in the amount of twice
discount rate set by the Czech National Bank valid on the first day
calendar quarter in which he had paid the amount of the latest convert.
Postal license holder is also obliged to transfer the management of social
Security interest that he pays a bank or savings and loan cooperative
for failure to meet time limits under the Payments Act.
(6) Credit Unions are obligated to provide, at the request
social security administration, account numbers, information about their owners,
balance of cash accounts and their movement and data
loans, deposits and deposits. ".
PART EIGHT Amendment to Act on premiums for general health insurance ARTICLE X
In Act no. 592/1992 Coll. on premiums for general health insurance,
amended by Act no. 59/1995 Coll., Act no. 29/2000 Coll., and Act no. 118/2000 Coll
., § 17 including the title reads: | ||
"§ 17
Method of premium payment
(1) The premium is paid in Czech currency
A) a wire transfer from an account in the Czech Republic at a bank
or savings and loan association, or from an account in
abroad on behalf of the health insurance company, or
B) in cash through a bank, savings and loan associations
or licensed postal services in the Czech Republic to the account
under a), or also employees of the health insurance
authorized to collect premiums.
(2) The date of payment of premiums is considered
A) for wire transfers from an account held in the Czech Republic at a bank
or savings and credit cooperatives day he was carried
debited from the payer's account premiums
B) for wire transfers from an account held abroad the day when it was made
credited to the account of the health insurance company,
C) in the case of cash payments in the Czech Republic day when a bank, savings and loan association
, postal license holder or a competent health insurance company
cash received.
(3) The bank at which the account is maintained by the respective insurance is
obliged to inform the competent health insurance company the day, when the
debiting payments from payer account or to accept payment in cash in the bank or || | in credit unions. Postal license holder is obliged
communicate directly or through participating banks competent health insurance company
day he took the cash and payment in cash handed
bank that maintains his account.
(4) The postal license holder, who accepted a payment to post
pointing, forward it to perform the conversion bank that maintains his account
within 2 working days from the date when payment received; for further transfer this
payment deadlines apply according to the Payment System Act.
(5) If the postal license holder fails to comply with the time limit under paragraph 4, is obliged to pay
competent health insurance company interest in the amount of twice
discount rate of the Czech National Bank valid on the first day of the calendar quarter
in which he the amount paid at the latest convert.
Postal license holder is also required to transfer to the competent health insurance
interest that he pays a bank or savings and loan cooperative
for failure to meet time limits under the Payments Act. ".
PART NINE | eFFICIENCY ||
Article XI This Act shall take effect on the date of its publication. Zaorálek vr
|| Klaus vr | pp. Sobotka
