52/2016 Sb.
The DECREE
of 26 March. January 2016,
amending Decree No 244/2013 Coll., on the more certain
the rules of the law on investment companies and investment funds
The Czech National Bank establishes, pursuant to § 30 paragraph. 5, section, paragraph 234. 6, § 238
paragraph. 4, § 291 paragraph. 3, § 307 paragraph. 4, § and § 478 paragraph 638. 3 of Act No.
240/2013 Coll. on investment companies and investment funds, in
the text of the law No. 336/2014:
Article. (I)
Decree No 244/2013 Coll., on the more certain of the rules of the law of
investment companies and investment funds, is hereby amended as follows:
1. In section 42, paragraph. 1 (a). (b)), the word "i"), the word "j").
2. In section 42, paragraph. 1 (a). (c)), the word "f)" shall be replaced by "and" and on the)
the end of the paragraph, the period is replaced by a comma.
3. In section 42, paragraph. 1, the following point (d)), which read:
"(d)), the annual report or the consolidated annual report managers
Investment Fund or to a foreign investment fund based in
The Czech Republic and the Central administrator, the data are listed in the annex
No 4 to this Ordinance. ".
4. In article 42, paragraphs 2 and 3, including footnotes, no. 10, 11 and 12
be deleted and paragraph 1 shall be deleted.
5. under section 42, the following new section 42a to 42 h, including headings and
footnotes 15 and 16:
"section 42a
Amendment of the Statute
(Section 457 of the Act)
When the notification of changes to the Statute of the investment fund, which is not subject to
the approval of the Czech National Bank, the administrator shall submit to the Czech national
the text of the Statute of the Bank, with an indication of the changes and the new wording of this
of the Statute.
section 42b
Credentials of another performance of each activity and credentials of the next
responsible person
(To section 459 and 460 of the Act)
(1) a notice or to a foreign investment fund managers
Investment Fund, which is allowed to exceed the limit, the decisive
contains
and the identification of the person), which intends to entrust the performance of individual
activity and indications of this activity,
(b)) identification data of the person that person intends to entrust the
the performance of any act or some of the acts and the extent of this activity, and
(c)) Declaration of compliance with the conditions laid down in sections 23 to 26 of the Act.
(2) notice of the main administrator and administrator of the investment
the Fund, whose obhospodařovatel is entitled to exceed the determined limit,
contains the information referred to in paragraph 1 (b). and (b))) and a declaration of compliance with the
the conditions set out in sections 50 to 53 of the Act.
section 42 c
Public offering investments in the Czech Republic
(Paragraph 3 of section 461 of the Act)
Notification or to a foreign investment fund managers
Investment Fund, in which investments are offered to the public in the Czech
the Republic, in accordance with section 461 paragraph. 3 of the Act, shall be submitted, unless the
done already when you write this investment fund to the list maintained by the
The Czech National Bank.
section 42d
Information relating to the management of the investment fund and foreign
Investment Fund
[To section 463, paragraph 1 (b), (d)) of the Act]
Information pursuant to section 463, paragraph. 1 (a). (d)) Law Announces obhospodařovatel
Investment Fund or to a foreign investment fund, which is
entitled to exceed the determined limit, according to the article. paragraph 110. 3 of regulation
The Commission delegated the powers of the (EU) no 231/2013 ^ 15).
§ 42e
Failure of the funded capital investment fund
(Section 465 of the Act)
Notification of the administrator of an investment fund, that the funded capital of this
Investment Fund has not reached at least within the time limits of the law
fixed amounts, also contains an explanation of the condition, and effective
measures to remedy or decision about the cancellation of the Fund
collective investment undertakings, including the time schedule.
section 42f
For more information
(Section 466, paragraph 3, of the Act)
The notice under section 466, paragraph. 3 of the Act shall submit to the Czech National Bank
obhospodařovatel collective investment fund.
section 42 g
Details of the Committee of experts
(Section 469 of the Act)
The administrator of the Special Fund, which is a real estate fund, shall notify the
The Czech National Bank identification data of members of the Committee of experts and the information
of their professional practice, and information on their education under section 2 (b). I) and
j) Decree on the applications according to the law on investment companies and
^ 16) funds, as well as the changes in such data.
§ 42 h
The period and method of data reporting
(§ 478 of the Act)
(1) the administrator of the Fund for collective investment and Fund Administrator
qualified investors, whose obhospodařovatel is entitled to
exceed the determined limit, the Czech National Bank will provide an annual report
This Fund not later than 4 months after the end of the accounting period, this
the Fund. The administrator of the Fund for collective investment will provide the Czech
the National Bank of the half-yearly report of the Fund within 2 months after the expiry of the
the first 6 months of the financial year of the Fund.
(2) Obhospodařovatel investment fund or foreign investment
the Fund, based in the Czech Republic and its main administrator
the annual report or the consolidated annual report of the Czech National Bank
not later than 4 months after the end of the accounting period.
(3) the notice referred to in section 456 to 475 of the Act shall be submitted without undue
delay after the operative event occurred, if this Ordinance or
another law provides otherwise.
(4) a notice under section 466, paragraph. 4 of the law shall be submitted within 4 months after the
the end of the calendar year.
(5) the information and documents referred to in this Decree shall be submitted
through the application of the Czech National Bank for the collection of information
duties and registration bodies, through the public data network
in the data box or the address of the electronic registry of the Czech national
the Bank.
15) Commission delegated Regulation (EU) no 231/2013, which
the following directive of the European Parliament and of the Council of 2011/61/EU, as regards
exceptions, the General conditions for the exercise of activities, depository, leverage
effect, transparency, and oversight.
16) Decree No 247/2013 Coll., on applications under the Act on investment
companies and investment funds, as amended. ".
6. In section 46, the word "standard" is replaced by "investment" and
the word "standard" with the word "investment".
7. § 46 paragraph. 3, the words "2 and 3" shall be replaced by "1 and 2".
8. § 47 including title and footnote No. 13:
"§ 47
The rules for determining the amount of the capital investment company
(Section 30, paragraph 5, of the Act)
The capital investment company shall consist of
and equity capital items) tier 1 designated pursuant to article. 26 to 30
Regulation of the European Parliament and of the Council (EU) no 575/2013 ^ 13) and modified
According to the article. 32, 33 and 35 of this regulation, and
(b) the deductions specified under article). 36 regulation of the European Parliament and the Council
(EU) no 575/2013, adjusted in accordance with article. 37, 38 and 42 to 47 of this
Regulation and with the application of exceptions under article. 48 of this regulation.
13) European Parliament and Council Regulation (EU) no 575/13 of 26 February.
June 2013, on prudential requirements for credit institutions and
investment firms and amending Regulation (EC) No 648/2012. ".
9. In annex 2 (a). and), after the words "(portfolio manager)"
the words "or an external administrator".
10. In annex 2 (a). (c)), the words ", which was the depositary of
responsible for "shall be replaced by" responsible for ".
11. In annex 2 (a). (j)) at the beginning of the text, the words "description
the risks associated with derivatives, "and the words" techniques "are added
the words "and the information about the investment limits in relation to derivatives
negotiated on behalf of the Fund ".
12. the following Annex No 4, which reads as follows:
"Annex 4 to the Decree No 244/2013 Sb.
Annual report or to a foreign investment fund managers
investment fund based in the Czech Republic and the main
Administrator
I. annual report translates into higher investment fund or
foreign investment fund based in the Czech Republic includes
also information about
and changes the facts written about) his people into the commercial
the index, which has occurred during the vesting period,
(b)) investment funds and foreign investment funds, which have been
in the relevant period or maturity managed
administered by,
(c)), having a significant impact on the facts of the performance of the activities of this
managers together with an indication of the main factors that have influence on the
his result in the relevant period,
(d)) the members of the statutory body, the Administrative Council, the Supervisory Council and the portfolio
managers of managers, including a brief description of their
experience and qualifications, and an indication of the period for which this function
or activities, or pursued,
e) persons on which had the obhospodařovatel collective Fund
investment by qualified participation, albeit only after a part of the vesting period, with a
their identification data, the amount and type of qualified participation
and economic outcome of these persons, together with the amount of time that
obhospodařovatel had a qualified participation in these persons; If
the economic results are not available the following persons certified by an auditor,
indicate the obhospodařovatel of the results of the auditor be unauthenticated and this
the fact,
f) the persons who are excluded under paragraph (e)) and that acted in
the relevant period of this maturity in conformity with their
identification data,
(g)) the judicial or arbitration disputes, which in the relevant
the period was or is this obhospodařovatel on his own behalf or on behalf of it
managed investment fund or foreign investment
the Fund, if the value in dispute exceeds 5% of the value of the property
This translates into higher or investment fund or foreign
Investment Fund, to which the dispute relates, and
h) persons that have been in the relevant period of this maturity
entrusted with the performance of each activity, which involves the management of
Investment Fund or to a foreign investment fund, indicating the
their identification data and individual activities, which have been
entrusted with.
II. Annual report of the administrator of the capital also contains data about the
and changes the facts written about) his people into the commercial
the index, which has occurred during the vesting period,
(b)) investment funds and foreign investment funds, whose
the Administration conducted in the relevant period,
(c)), having a significant impact on the facts to the performance of its activities, together with the
identifying the main factors that had an impact on the operating result in
the relevant period,
(d)) the members of the statutory body, the Management Board, the Supervisory Board of the master
the administrator, including a brief description of their experience and
qualifications, and an indication of the period for which this function or activity
perform, or pursued,
(e)) the persons who should be on it by a qualified participation, albeit only after a part of the
the vesting period, together with their identification data, the amount and type of
participation on this main administrator and specifying the period for which
should a qualified participation on this main administrator
(f)) persons, on which the main administrator of a qualified
participation, albeit only after the part of the relevant period, together with their
identification data, the amount and type of qualified participation and economic
the result of the following persons and an indication of the period for which the principal administrator
He had a qualified participation in these persons; If you are not available
the economic results of these persons, verified by the Auditor, the main
the administrator of the economic results of Auditor unauthenticated and this
the fact,
(g)) of persons who are excluded in accordance with subparagraphs (e) and (f))) and who acted in the
the relevant period with the main administrator in accordance with the indication of the
their identification data,
h) the judicial or arbitration disputes, of which the participant was or is
the main administrator on your account or to an account by administrovaného
Investment Fund or to a foreign investment fund, if
the value in dispute exceeds 5% of the value of the assets of the
the administrator or managed investment fund or
foreign investment fund, to which the dispute relates, in the applicable
period, and
I) persons that have been entrusted with the performance of the relevant period
individual activities, which includes the administration of investment fund
or to a foreign investment fund, together with their identification
data and activities, which have been entrusted with. ".
Article. (II)
The effectiveness of the
This Decree shall take effect on 1 January 2005. March 2016.
Governor:
Ing. Singer, Ph.d., in r.