148/2016 Sb.
LAW
of 20 December. April 2016,
amending Act 256/2004 Coll., on business in the capital market,
as amended, and other related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on capital market
Article. (I)
Act 256/2004 Coll., on business in the capital market, as amended by law
No. 635/2004 Coll., Act No. 179/2005 Coll., Act No. 377/2005 Coll., Act
No. 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll., Act No.
70/2006 Coll., Act No. 159/2006 Coll., Act No. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 29/2008 Coll., Act No. 104/2008 Coll., Act No.
126/2008 Coll., Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No.
7/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 420/2009 Coll., Act No.
156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.
41/2011 Coll., Act No. 139/2011 Coll., Act No. 188/2011 Coll., Act No.
420/2011 Coll., Act No. 428/2011 Coll., Act No. 37/2012 Coll., Act No.
172/2012 Coll., Act No. 254/2012 Coll., Act No. 134/2013 Coll., Act No.
241/2013 Coll., Act No. 303/2013 Coll., Act No. 135/2014 Coll., Act No.
336/2014 Coll. and Act No. 375/2015 Coll., is amended as follows:
1. Footnote 1 is added:
"1) European Parliament and Council Directive 97/9/EC of 3 June 2003. March 1997
on investor-compensation schemes.
European Parliament and Council Directive 98/26/EC of 19 June 2000. May 1998 on
settlement finality in payment systems and in systems
settlement of trades in securities, as amended by the directive of the European
Parliament and Council directive 2009/44/EC and 2010/78/EU.
European Parliament and Council Directive 2001/34/EC of 28 June 1999. May 2001
on the admission of securities to listing on the stock exchange and the
the information to be disclosed to them, as amended by directives
The European Parliament and of the Council 2003/6/EC, 2003/71/EC, 2004/109/EC and
2005/1/EC.
Directive of the European Parliament and of the Council 2003/6/EC of 28 June 1999. January 2003 on the
insider dealing and market manipulation (market abuse).
Directive of the European Parliament and of the Council 2003/71/EC of 4 April 2003. November
2003 on the prospectus to be published when the public or
the admission of securities to trading, and amending Directive 2001/34/EC, as
the texts of directives of the European Parliament and of the Council 2008/11/EC, 2010/73/EU,
2010/78/EU, 2013/50/EU and 2014/51/EU.
European Parliament and Council Directive 2004/39/EC of 21 June 1999. April 2004
on markets in financial instruments, as amended by the directive of the European Parliament and of the
Council 2006/31/EC and 2007/44/EC.
Commission Directive 2004/72/EC of 29 April 2004. April 2004 implementing
Directive of the European Parliament and of the Council 2003/6/EC as regards accepted
market practices, the definition of inside information in relation to derivatives
derivatives, the establishment of lists of insiders, the notification of transactions
the responsible Directors and the reporting of suspicious transactions.
European Parliament and Council Directive 2004/109/EC of 15 December 1999. December
2004 on the harmonisation of transparency requirements in relation to information about
issuers whose securities are admitted to trading on a
a regulated market and amending Directive 2001/34/EC, as amended by directives
The European Parliament and of the Council 2008/22/EC 2010/73/EU 2010/78/EU and
2013/50/EU.
Commission Directive 2006/73/EC of 10 June 1999. August 2006 implementing
European Parliament and Council Directive 2004/39/EC, as regards the
organisational requirements and operating conditions for investment firms and
defined terms for the purposes of that directive.
Commission Directive 2007/14/EC of 8 June 2004. in March 2007, which establishes the
the detailed rules for implementing certain provisions of Directive 2004/109/EC on the
harmonisation of transparency requirements in relation to information about
issuers whose securities are admitted to trading on a
a regulated market, as amended by the directive of the European Parliament and of the Council
2013/50/EU.
Directive of the European Parliament and of the Council/36/EU of 26 March. June 2013
about the access to the activity of credit institutions and on the prudential supervision
credit institutions and investment firms amending Directive
2002/87/EC and repealing directives 2006/48/EC and 2006/49/EC ".
2. Footnote 2 reads as follows:
"2) Commission Regulation (EC) no 2273/2003 of 22 March. December 2003 laying
implementing European Parliament and Council Directive 2003/6/EC as regards the
exemptions for buy-back programmes and stabilisation of financial instruments.
Commission Regulation (EC) no 809/2004 of 29 September 2003. April 2004 laying
performed by European Parliament and Council Directive 2003/71/EC as regards the
the information contained in prospectuses as well as the format, incorporation, placing the data in the form of
reference, publication of such prospectuses and dissemination of advertisements, as amended by regulation
Commission Regulation (EC) no 1787/2006, no 211/2007 and 1289/2008 and in the text of the regulation
The Commission delegated Regulation (EU) No 311/2012, 486/2012, 862/2012,
621/2013 and no 759/2013.
Commission Regulation (EC) no 1287/2006 of 10 June 1999. August 2006
performed by European Parliament and Council Directive 2004/39/EC, as regards the
record-keeping obligations for investment firms, transaction reporting,
market transparency, admission of financial instruments to trading, and about
defined terms for the purposes of that directive.
Regulation of the European Parliament and of the Council (EC) No. 1060/2009 of 16 December. September
2009 on credit rating agencies, as amended by regulation of the European Parliament
and of the Council (EU) No. 513/2011 and no. 462/2013 and as amended by the directive of the European
Parliament and Council 2011/61/EU and 2014/51/EU.
Regulation of the European Parliament and of the Council (EU) No. 236/2012 of 14 June.
March 2012 on the sale for a short time and certain aspects of swaps
failure, as amended by European Parliament and Council Regulation (EU) No.
909/2014. European Parliament and Council Regulation (EU) No 648/2012 of the day
on July 4, 2012 on OTC derivatives, central counterparties and trade repositories
business data registers, as amended by the directive of the European Parliament and of the
Council/59/EU, as amended by the Commission delegated Regulation (EU) No.
1002/2013 and as amended by European Parliament and Council Regulation (EU) No.
575/2013.
Regulation of the European Parliament and of the Council (EU) No. 575/2013 of 26 March.
June 2013 on prudential requirements for credit institutions and
investment firms and amending Regulation (EC) No 648/2012.
Regulation of the European Parliament and of the Council (EU) No. 909/2014 of 23 December 2003.
July 2014 to improve the settlement of securities transactions in the European
the Union and central securities depositories and amending directives
98/26/EC and 2014/65/EC and Regulation (EC) no 236/2012. ".
3. In article 1 (1). 2, the words ", in terms of the final settlement,"
replaced by the words "governing netting ^ 24)" and the words
"the final settlement ^ 24)" shall be replaced by the words "the final
the settlement ".
4. in section 1, paragraph 3, including the footnotes # 42, 43, 49, 50 and 51
added:
"(3) this Act regulates the competence of the Czech National Bank and
The Ministry of Finance (hereinafter referred to as "the Ministry") and the administrative offences in the
following up on the
and) directly applicable European Union regulation governing credit rating
Agency ^ 49)
(b)) directly applicable European Union regulation governing the sale for a short time and
some aspects of the credit default swaps ^ 42),
c) directly applicable European Union regulation governing OTC derivatives,
CCPs and trade repositories ^ 43),
d) directly applicable European Union regulation governing the prudential
requirements for credit institutions and investment firms to ^ 50) and
e) directly applicable European Union governing the prescription improvement
the settlement of securities transactions in the European Union and the Central
securities depository ^ 51).
42) European Parliament and Council Regulation (EC) no 236/2012.
43) European Parliament and Council Regulation (EC) No 648/2012.
49) European Parliament and Council Regulation (EC) No 1060/2009.
50) European Parliament and Council Regulation (EC) no 575/2013.
51) European Parliament and Council Regulation (EU) no 909/2014. ".
5. In article 2 (2). 3 at the end of subparagraph (b)) a comma is replaced by a dot and the
subparagraph (c)), including footnotes, no 2d repealed.
6. section 2e is hereby repealed.
7. In Article 10b, paragraph 2. 2 the words "§ 122 para. 10 to 15 "are replaced by the words" §
122a para. 4 to 6 and article 122b of paragraph 1. 1 to 3 ".
8. In section 12 c of paragraph 1. 1 (b). and) the words "led by CSD
book-entry securities ("CSD") (section 92) "
shall be deleted.
9. in the introductory part of paragraph 12f provisions, section 12i of paragraph 1. 1, § 16a para. 2 start
under the provisions of section 28, paragraph 1(a). 2 (a). (h)), § 28 para. 7 (b). a), section 135a
paragraph. 6 to 8, § 135b para. 1, § 135d para. 3 (b). (d)), § 136 paragraph. 2
the initial part of the provisions of § 136 paragraph. 2 (a). (b)) § 136 paragraph. 5 (b). (b))
and (e)), § 136 paragraph. 7 the introductory part of paragraph 1, the provisions, section 152a. 1 introductory
under the provisions of § 153 para. 6, § 157 paragraph. 8 (a). (b)), § 157 paragraph. 8
(a). m) the introductory part of the provisions of paragraph 1 and section 199. 5, after the words
"prudential requirements", the words "on credit institutions and
investment firms ^ 50) ".
10. In paragraph 12i para. 2 of the introductory part, the words ' implementing provisions
or "shall be replaced by" implementing, "and after the words" the prudential
requirements ' shall be inserted after the words "on credit institutions and investment
^ 50) or undertakings directly applicable European Union legislation governing
improve the settlement of securities transactions in the European Union and
central securities depository ^ 51) ".
11. in section 28 para. 2 (a). (h)) and in section 28 para. 7 (b). and), the word "9a"
replaced by the words "§ 9a".
12. in section 32 c paragraph 7 is added:
"(7) the Czech National Bank shall delete the shortcut from the list, bound
If
a) receives a notice referred to in paragraph 6 (b). (d)),
b) represented by is no longer authorised to carry out any of the activities
referred to in paragraph 1(b), section 32a. 1 the representation refers to, or
c) bound by the represented in writing by the representative for cancellation of the Czech
National Bank asks. ".
13. in section 34 is at the end of paragraph 1, the following sentence "for the public offer to
does not consider the receipt of investment instruments to trading or by the
trading on a regulated European market, in the multilateral
trading system and on other organised platforms; This does not prevent
the fact that the issuer, even in these cases held that the prospectus shall be drawn up and
publish it under this Act. ".
14. in section 34 para. 4 (b). and) the following points 6 and 7 are added:
"6. The European financial stability Fund,
7. The European stabilisation mechanism ".
15. in section 34 para. 4 (b). (f)), point 1, after the word "child" shall be replaced
"priority".
16. in section 35 para. 3 the words "(a). a) and (c)) "shall be replaced by" subparagraph (a). and)
(c)) ".
17. in § 35 para. 4 (b). (b)), the comma after the word "merger" shall be replaced by
"or" and the words "or on the basis of an approved reorganization plan"
shall be deleted.
18. in § 36a para. 3 the words "and any supervisory authority of the Member State,
in which the securities offered to the public or admitted to trading
on a regulated European market, "shall be replaced by the words" without undue delay,
After making public offerings, and if it is possible ".
19. in section 36 c of paragraph 6 is added:
"(6) the application pursuant to paragraphs 1 to 3 may be filed in paper or in
electronic form. Annexed to the approval of the prospectus request form
the documents referred to in paragraph 5. ".
20. section 36 g including the title reads as follows:
"§ 36 g
The language of the prospectus
(1) if the Czech National Bank approves the prospectus for the purposes of public
deals in the Czech Republic or the admission of a security to trading on a
a regulated market, shall be drawn up in the English language or in the English
language; However, when asking for the approval of the prospectus for the purposes of
public offering in the Czech Republic and the securities of the issuer offered
securities are not admitted to trading on a regulated European
the market (section 55 (2)), the prospectus shall be drawn up in the English language.
(2) the prospectus shall be drawn up in the English language or in the English
language, and Furthermore, pursuant to the decision of the person vyhotovující prospekt, either in the
the language in which documents can be presented to the competent supervisory authority
the Member State of the European Union, or in the English language, if the Czech
National Bank approves the prospectus for the purposes of
and a public offer) in the Czech Republic and at the same time and in one or more
other Member States of the European Union,
(b) the admission of a security to) trading on a regulated market (paragraph 55) and
at the same time for admission to trading on one or more foreign
regulated markets
(c)) offer to the public in the Czech Republic and at the same time the admission to trading
in one or more foreign regulated markets, or
d) admission of security to trading on a regulated market and at the same time
offer to the public in one or more of the other Member States of the European
Union.
(3) the prospectus shall be drawn up, in accordance with the decision of the person vyhotovující
prospectus, either in a language that you can use to submit documents to the supervisory authority
of the Member State of the European Union, or in the English language,
If the Czech National Bank approves the prospectus for the purposes of
and a public offer) in one or more of the other Member States of the European
the Union, or
(b)) the admission of a security to trading on a foreign regulated
the market.
(4) for the purposes of approval of the prospectus within the meaning of the Czech National Bank
paragraph 3 shall be a prospectus drawn up according to the decision of the person
vyhotovující prospekt, either in English, or in English.
(5) If the Czech National Bank approves the prospectus of the debt security
the paper, whose nominal value or price for 1 piece equals at least
amount corresponding to the specified limit in euro, for the purposes of admission to
trading on one or more regulated European markets must
be a prospectus drawn up according to the decision of the person vyhotovující the prospectus either
in Czech, or in the English language and in the language in which you can
to submit documents to the competent supervisory authority of another Member State,
or in the English language.
(6) in the cases referred to in paragraphs 1 and 2 of the summary of the prospectus must be always
drawn up in the English language. ".
21. in section 36 h of paragraph 1. 1 (b). and), after the words "the consent of the issuer,"
the words "on the website of the person through which the
paid income or other financial transaction (payment), ".
22. in section 36 h at the end of paragraph 4, the following sentence "the prospectus shall be published
in the language in which it was approved by the Czech National Bank (section 36 c), or in
It was the Czech National Bank granted a copy (section 36f). ".
23. in section 60 paragraph. 5, after the words "the depositary", the words ",
the foreign CSD or foreign central
the depository, which has obtained a permit for the activity, or has been recognized by directly
of the applicable legislation of the European Union relating to the improvement of the settlement
securities transactions within the European Union and the central securities depository
paper ^ 51) and that the relevant issue, "leads.
24. Section 87a is hereby repealed.
25. section 91:
"§ 91
Book-entry securities, with the exception of book-entry securities
collective investment held in a separate register of investment
tools and book-entry securities held in a register
the Ministry under the law governing the budgetary rules, can be
under Czech law, only registered in the central register of dematerialized
Securities and in the registration of building on the central register
dematerialized securities. ".
26. section 92, including the title reads as follows:
"§ 92
The central register of dematerialized securities
(1) a central register of uncertificated securities is the evidence
book-entry securities, which is leading according to Czech law Central
the depositary or foreign central depository.
(2) the registration of building on the central register of dematerialised securities
papers may lead
and) a securities dealer who has the authorization referred to in the investment
the service of safekeeping and administration of financial instruments, including related
services,
(b)) a person who is entitled to under the law governing investment
companies and investment funds to pursue custody of securities or
keeping records of dematerialized securities investment fund, if it is
concerning the register of participation certificates or founders or investment
of shares issued by investment fund,
(c)), Czech National Bank
(d)) the foreign person whose activity corresponds to the activities of the persons referred to in
(a)), or (b)),
e) CSD, foreign central depository or foreign
the CSD, which has obtained a permit to the activity or has been recognized
According to the applicable European Union legislation directly governing the improvement
the settlement of securities transactions in the European Union and the Central
securities depository ^ 51) or a foreign person authorized to lead
Register of investment instruments.
(3) a central register of uncertificated securities is also evidence
book-entry securities, led by the Czech National Bank according to the law
governing the activities of the Czech National Bank. The rules for the conduct of this
the evidence and their changes published by the Czech National Bank on its
website.
(4) a central register of uncertificated securities is also evidence
securities immobilized under section 93a, if this register leads
According to Czech law, foreign CSD CSD
or the Czech National Bank.
27. in section 93 para. 1 at the end of the text of the letter b), the words "or
immobilized securities ".
28. in section 93 para. 2 of the introductory part, the words ' the provisions of the Central
the depositary and, depending on the authorisation granted or "shall be deleted.
29. in section 93 para. 3 (b). e), the words "and which is authorized to provide
investment services in the Czech Republic "shall be deleted.
30. In section 93 para. 3, the letter "e") the following new subparagraph (f)), which read as follows:
"f) CSD".
Subparagraph (f)) is renumbered as paragraph (g)).
31. in section 93 para. 3 (b). (g)), after the words "the depositary", the words ",
foreign central depository, which has obtained a permit to the activity or
has been recognized by the directly applicable European Union legislation governing
improve the settlement of securities transactions in the European Union and
central securities depository ^ 51) ".
32. In section 93 para. 4, the word "e)" shall be replaced by "f").
33. In paragraph 93, paragraph 5 shall be deleted.
The present paragraph 6 becomes paragraph 5.
34. In section 93a paragraph 1. 1, after the words "governing the securities ' shall be
the words "or directly applicable European Union legislation governing
improve the settlement of securities transactions in the European Union and
central securities depository ^ 51) ".
35. In section 93a paragraph 1. 2, after the word "conditions", the words "or directly
applicable regulation governing the European Union improve the settlement of trades
securities in the European Union and the central securities depository
paper ^ 51) ".
36. In section 93a paragraph 1. 5, the words "CSD" is replaced by
"the person who leads the central register of uncertificated securities,
or foreign CSD, which has obtained a permit to
activity or has been recognised in accordance with regulation directly applicable in the European Union
relating to the improvement of the settlement of securities transactions in the European
the Union and the central securities depository ^ 51) ".
37. In paragraph 93a shall at the end of paragraph 5, the following sentence "joint-stock company
whose shares are admitted to trading on a regulated market or in a
multilateral trading system, may conclude a contract for custody of her
issued by immobilized shares only with a person who leads Central
dematerialized securities, or foreign central
the depositary, which has obtained a permit for the activity, or has been recognized by
directly applicable European Union legislation relating to the improvement of the
the settlement of securities transactions in the European Union and the Central
securities depository ^ 51). ".
38. section 94 including the title reads as follows:
"§ 94
Types of accounts
(1) the securities account must contain information about the person for whom it is conducted, and
for natural persons, whether or not your social security number. On the securities account is maintained for at least
investment tools separately transferable rights associated with
investment instruments, liens on investment tools and
the suspension of the exercise of the right of the owner to dispose of the book-entry
investment instruments. Furthermore, the details of the person authorized to register this
rights and details about the person that is secured by the lender. U
natural persons authorized to exercise these rights and the natural person
is a mortgage lender, is also a social security number. If a natural person
has not been assigned a social security number, the date of her birth records. U
securities on records the transferability of securities
established by the issuer. The person who leads the central register of dematerialized
securities, in the central register and the implementing legislation (§ 93
paragraph. 4) in a separate register sets out what information the closer are recorded on
each type of securities accounts. Securities account shall be established
the contract between the person for which the account is maintained, and the person
authorized this account set up.
(2) the person who leads the central register of uncertificated securities,
leading this recording in the accounts of the owners or the accounts of the customers. If
the person who leads the central register of uncertificated securities account
the owner shall not, without the consent of the pledgee to convert in his
favour of the pledged securities registered on this account on the new
owner.
(3) a person who keeps records of building on the central register
book-entry securities, leading this recording in the accounts of the owners.
That person shall not, without the consent of the pledgee to convert in his
favour of the pledged securities registered on this account on the new
owner.
(4) a person who keeps separate registers of investment instruments, leads
This recording in the accounts of the owners or the accounts of the customers. If this
the owner of the account, the person shall not, without the consent of the pledgee transfer in
its benefit of the pledged securities registered on this account on the new
owner.
(5) a person who keeps records of building on separate registers
investment instruments, leads this recording in the accounts of the owners or
the accounts of the customers. Customer account can lead only to the person referred to in section
93 para. 3 (b). (e)), or (g)), which leads the follow-up registration abroad
According to the foreign law. If the person who keeps records of
follow-up on separate registers of investment instruments, the account
the owner shall not, without the consent of the pledgee to convert in his
favour of the pledged securities registered on this account on the new
owner.
(6) the central register of uncertificated securities, and a separate
records of dematerialized securities for collective investment shall be
also in the records. In the register of emissions shall be entered particulars about the person
of the issuer and of the securities referred to in paragraph 1.
Issue is being waged under a contract with the issuer. Czech national
the Bank shall determine the method of keeping records of emissions in their rules
published in accordance with § 92 para. 3.
(7) for a person who leads a separate records of dematerialized securities
collective investment securities, and the person who keeps records of
building on a separate register of dematerialised securities
collective investment undertakings, section 94a of para. 2 and 3 shall apply mutatis mutandis;
the range of the data disclosed lays down detailed legal prescription under section 93
paragraph. 4. ".
39. under section 94, the following new section 94a which including the title reads as follows:
"section 94a
Emission register of dematerialized securities
(1) the person who leads the central register of uncertificated securities,
keeps records of emissions of dematerialized securities under contract with
by the issuer.
(2) the person who leads the central register of uncertificated securities,
shall transmit to the issuer of the extract from the register when you grant or revoke emissions emissions
book-entry securities or, at the request of the issuer; extract from the register
contains data on emissions of the account holder, which is a book-entry security
the paper is registered, the number of pieces of paper, details about the Manager or other
the person authorized to exercise the rights associated with these securities and other
the information provided for by the person who leads the central register of dematerialized
securities. The person who leads the central register of dematerialized
securities, shall include a statement whether or not the information received from the
the owner of the customer's account in accordance with paragraph 5.
(3) the CSD or foreign central depository will provide a
The Czech National Bank on the request of the extract from the register issues of shares of the Bank.
CSD or foreign central depository on the basis of this
the application prompts you through its participants all of the account holder
customers, to produce information about owning shares that are on the
customer account recorded, and these data shall include a statement of the evidence
emissions.
(4) the CSD or foreign central depository on the basis of
the application of the authorized packaging companies under the law governing
management of the packaging of the extract from the register prompts through the emissions
its participants all the account holder's customers, providing information
about owning the shares of this company that registered in such accounts, and
These data are included in the extract from the register of emissions.
(5) for the purposes of the statement of the issue is the owner of the account, the customer shall be obliged to
tell the person who keeps records of dematerialized securities,
through its subscriber data on the account holder and owner
additional information provided for by the person who leads the central register
dematerialized securities. ".
40. In § 95 para. 1 and section 99 para. 3 the words "operating regulations
Central Depository (§ 104) "shall be replaced by" CSD
or foreign central depository "and the words" paragraph 93. 5 "
replaced by the words "paragraph 92. 3. "
41. In § 95 para. 1 the first sentence, the words "operating procedure" shall be replaced by
the words "in the rules".
42. In § 95 para. 3 the words "led by CSD" be deleted and the
the words "Central Depository (§ 109), participant of the CSD"
are replaced by the words ", participant of the person who keeps records of investment
Tools ".
43. under section 95 shall be added to § 95a, which including the title reads as follows:
"§ 95a
Participant statements
(1) the person who leads the central register of uncertificated securities
paper, serves this person to command
and establish or cancel) the securities account,
(b)) made your change to securities account,
(c)) to perform the service.
(2) without the participant makes the person who leads the central register
book-entry securities, write to the records of dematerialized securities
only on command
and the issuer that has) entered into an agreement with a person who leads Central
dematerialized securities under section 94a, paragraph 2. 1, if the
with the entry in the register of emissions, or
(b) the person under § 115), para. 1, if authorized to do so by another
legislation. ".
44. In § 96 para. 5, after the words "regulated market", the words "or
in the multilateral trading system "and after the words" regulated market "
the words ", the operator of a multilateral trading system".
45. In § 97 para. 1 (b). a) after the word "market" the words ",
the operator of a multilateral trading system ".
46. In § 97 para. 1 (b). (c)), the words "CSD" is replaced by
the words "a person who leads the central register of uncertificated securities
"and the words" securities central depository under section 100 "is replaced by
"that provides".
47. In paragraph 98 of paragraph 1. 1 (b). a), the words "central depository" are replaced by
the words "the person who leads the central register of uncertificated securities
"and after the word" market "with the words" operator
the multilateral trading system ".
48. In § 99 paragraph 2. 1 and section 115 paragraph. 1 and 5, the words "central depository"
replaced by the words "a person who leads the central register of dematerialized
the securities ".
49. In § 99 paragraph 2. 2, the sentence is replaced by the phrase "lunch if the statement issued
participant of the person who keeps the central register of uncertificated securities
at the same time, the participant is secured by the debtor or the Pledger
dematerialized investment instruments in the listing and the pledged
the investment instruments are recorded in an account maintained by the owner
the person who leads the central register of uncertificated securities,
the pledgee may demand from the person confirming the accuracy of the
statement and the person is required to be issued without undue delay. ".
50. in § 99 paragraph 2. 3 the words "operating procedure" shall be replaced by
the "rules".
51. In section 99a para. 1 the number "12" is replaced by "10".
52. under the eighth is in the title of title II, the words "BOOK
"Shall be replaced by" and the FOREIGN CSD ".
53. section 100:
"§ 100
(1) the CSD is the legal entity that
and has its head office in) the Czech Republic and
(b)) has obtained the authorisation for activities under directly applicable legislation
The European Union provides for the improvement of the settlement of trades in securities
in the European Union and the central securities depository ^ 51).
(2) foreign central depository is the legal entity that
and registered office) is not in the Czech Republic,
(b)) has obtained the authorisation to the activity or has been recognized by directly
of the applicable legislation of the European Union relating to the improvement of the settlement
securities transactions within the European Union and the central securities depository
^ 51) and securities
(c)) is entitled to provide services by directly applicable legislation
The European Union provides for the improvement of the settlement of trades in securities
in the European Union and the central securities depository ^ 51) in the United
Republic.
(3) the business name of the CSD shall contain the indications
"central securities depository". One who is not a central
the depositary, or foreign, must not use CSD
the designation "central securities depository".
(4) the CSD and the foreign CSD provides
rules for the provision of information under section 115. These rules are
binding on the participants of the CSD and the foreign central
the depositary, issuers of dematerialized investment instruments denominated in
the central register and the owner or other person entitled in relation to the
investment vehicles which have been registered pursuant to § 202a and those that lead
building on the central register of dematerialized securities.
In providing information under section 115 paragraph. 3 these rules are
binding also for people who lead separate registers of investment
instruments. ".
54. section 101 to 111, including headings and footnotes 11 and 12
shall be deleted.
55. In paragraph 115 paragraph. 1 (b). e) point 3, the words "in accordance with the foreign exchange law"
shall be deleted.
56. In article 115 paragraph. 2 the words "CSD" is replaced by
"the person who keeps the central register of dematerialized securities".
57. In article 115 paragraph. 3 the words "and the regulations of the CSD"
shall be deleted.
58. In paragraph 118, paragraphs 1 to 3 shall be added:
"(1) the annual report and the consolidated annual report shall
not later than 4 months after the end of the accounting period, the issuer to publish
and) shares or similar securities representing a share of this
the issuer, if the securities admitted to trading on the European
a regulated market, the issuer has its registered office in the territory
1. The Czech Republic, or
2. a State which is not a Member State of the European Union, has chosen this
the issuer of the Czech Republic for the reference state (section 123)
(b)) a bond or similar securities representing the right to
the repayment of the amount owed by the issuer of a security or other investment
the paper, whose value is related to repayment of the amount owed by
by the issuer, including securitised debt, unless the nominal value
the security on the date of its emissions almost equal to or higher than the
the amount corresponding to 1 000 euro, if the securities admitted to
trading on a regulated European market and to the registered office of the issuer
on the territory of the
1. The Czech Republic, or
2. a State which is not a Member State of the European Union, has chosen this
the issuer of the Czech Republic for the reference state
(c)) of a bond or similar securities representing the right to
the repayment of the amount owed by the issuer of a security or other investment
the paper, whose value is related to repayment of the amount owed by
by the issuer, including securitised debt, if the nominal value of the
the security on the date of its emissions almost equal to or higher than the
the amount corresponding to 1 000 euro, if the securities admitted to
trading on a regulated European market and has chosen to view the issuer
The Czech Republic for the reference state, or
d) other investment securities, if the securities admitted to
trading on a regulated European market and has chosen to view the issuer
The Czech Republic for the reference state.
(2) the issuer shall ensure that published the annual report and the consolidated
the annual report have been publicly available for at least 10 years.
(3) the annual report contains financial statements certified by the auditor and the message
Auditor's report in full. The consolidated annual report contains financial
statements and the consolidated financial statements by the auditor and the message
Auditor's report in full. ".
59. In § 118 paragraph. 4 at the end of subparagraph (j)), the word "and" shall be replaced by a comma,
at the end of the letter) is replaced with a comma and dot the following point l),
added:
"l) in the case of an issuer that is a large entity according to the law
regulating accounting, also a description of diversity policies applied by the
on statutory authority, the Supervisory Board, the Administrative Board or other similar authority
the issuer, taking into account criteria such as age, gender, or
education and professional experience and knowledge, including information on the objectives
This policy is about how it is applied, and what diversity policy
the results of the application of the accounting year in question has brought;
If the issuer does not apply a policy of diversity, the instead of
the description of the justification of why this policy does not apply; This information
incorporates the issuer or in the annual report the consolidated annual report
as part of a separate section, which includes the information referred to in
subparagraph (j)). ".
60. In § 118 paragraph. 5 at the end of the letter) is replaced by a dot and comma
the letter l) including footnote # 12 c is deleted.
61. In paragraph 118, after paragraph 5, insert a new paragraph 6 is added:
"(6) in the annual report and the consolidated annual report must an issuer in
a separate section, which includes the information referred to in paragraph 4 (b).
(j)), to describe how code management and administration of the company, which is
binding for it, or who voluntarily adheres to, and in particular in relation
topics that are referred to in the reasoned considerations for shareholders or
companions of the highest importance. ".
Paragraphs 6 to 8 shall be renumbered 7 to 9.
62. In section 119 paragraph 1. 1 the first sentence, the words ' a) or (b)) "shall be replaced by
"a), b) or (c))", the number "2" is replaced by the number "3" and the number "5"
replaced by the number "10".
63. In section 119 paragraph 1. 2 (a). (d)) (2) the word "party" ^ 2d) ' is replaced by
the words "party in accordance with point 9 of international accounting standard IAS 24-
Related party disclosures, annexed to Commission Regulation (EC)
No 1126/2008 ".
64. In section 119 paragraph 1. 3 and 4 and in section 127d paragraph. 2 the term "standards" ^ 12e) "
replaced by the words "IAS 34-Interim financial reporting, which
are annexed to Commission Regulation (EC) No 1126/2008 ".
Footnote # 12e is hereby repealed.
65. section 119a including title:
"section 119a
News of the share paid by State
The issuer referred to in § 118 paragraph. 1, which operates in the mining industry,
wood industry and forestry, shall publish, not later than 6 months after the end of
the accounting year report on a consolidated basis with the numeric
data and information on payments paid by State administration authorities
the law governing accounting. The issuer shall ensure that such published
the report was publicly available for at least 10 years. ".
66. In section 119b of paragraph 1. 2 the words "(b)), or (c))" shall be replaced by ' b), c), or
(d)) ".
67. In section 119b, paragraph 3 shall be deleted.
68. In paragraph 119c paragraph. 1 (b). (b)) and in section 119c paragraph. 2 (a). (b)), the word "b)"
replaced by the word "c) '.
69. In paragraph 119c paragraph. 2 (a). and) the words "§ 118 paragraph. 1 (b). (b)) "
replaced by the words "§ 118 paragraph. 1 (b). (c)) ".
70. In paragraph 119c, paragraph 3 shall be deleted.
71. In § 120 paragraph 1. 1, after the word "submit" the words "without
undue delay ", the words" proposal for each change their statutes or
a similar document or "and the words" without undue delay, and in
the case of a draft amendment to its articles of association or similar document no later than the
the day of publication of a notice of the holding of the general meeting or of the like
Assembly of the owners of securities representing the share of the
issuer or the sending of invitations to General meetings or similar
Assembly of the owners of securities representing the share of the
the issuer, on which is to be voted on this proposal "shall be deleted.
72. In § 120 paragraph 1. 2 and 3, the words "and) or (b))" shall be replaced by ' a), (b))
or (c)) ".
73. In § 120 paragraph 1. 5 of the introductory part, the words ' the provisions of point (b). (b)) "
the words "or (c))".
74. In paragraph 120, the following paragraphs 7 and 8 shall be added:
"(7) the issuer referred to in § 118 paragraph. 1 provides a time limit within which the
obliged to disclose information, the person who keeps the central register
book-entry securities and that it keeps records of emissions,
for information about the
and payment of the proceeds of the investment) securities or similar
monetary transactions related to investment securities issued by
by the issuer,
(b) the convening of the meeting of the issuer), or similar Assembly of the owners
securities shares representing the issuer, or
owners of the bonds or similar gathering of owners of securities
issued by the issuer representing the right to repay the amount due,
(c)) changes the rights associated with the investment securities under section 119b,
(d)) other facts relating to the exercise of the rights associated with the
investment securities which the issuer has an obligation to publish
under other legislation.
(8) the person who leads the central register of uncertificated securities,
shall publish the information received in accordance with paragraph 7 on its website
pages. ".
75. In paragraph 120 c of paragraph 1. 1 and 2, after the words "(a). (b)) "the words" or
(c)) ".
76. At the end of the text of section 121a, the words ", and that, regardless,
whether this replacement investment securities admitted to trading on a
a regulated European market ".
77. section 122 and 122a, including headings:
"§ 122
Notification of voting rights
(1) a person who reaches or exceeds the share of all voting
the rights of the issuer referred to in § 118 paragraph. 1 (b). a) of 1% if the
the capital of the issuer more than 500 000 000 Czk or the equivalent
amount in foreign currency 3% If the share capital of the issuer more than 100
000 000 CZK or the equivalent amount in a foreign currency, 5%, 10%, 15%, 20%,
25%, 30%, 40%, 50% or 75%, or reduce its share of all
voting rights under these boundaries, shall notify this fact to the issuer
and the Czech National Bank. This notification may be made in the English language.
Obligation under the first sentence is also a person who disposes of the share referred to in
the first sentence of the voting rights of the issuer referred to in § 118 paragraph. 1
(a). a) at the time when it issued shares or equivalent securities
the papers represent a contribution to the issuer for the first time admitted to
trading on a regulated European market.
(2) for the purposes of the performance of the notification obligation referred to in paragraph 1 to the
the proportion of the voting rights of the issuer on all counts and voting
the rights of investment instruments,
and at the disposal of another person) which, acting in concert with the person referred to
in paragraph 1,
(b)) that has a person referred to in paragraph 1, the possibility of temporarily to perform the
the basis of the contracts for pecuniary interest,
(c)) that were the person referred to in paragraph 1 provided as collateral
If such person shall publish a statement that the voting rights of the
exercise,
(d)) that the person referred to in paragraph 1, the lifetime right of use,
e) that a person referred to in paragraph 1, the farmer or manages are
stored there, if it were the owner of the given special instructions
on voting,
(f)) that has the option in its own name on behalf of the person referred to in paragraph 1
carry out the other person,
g) that are exercised by a person referred to in paragraph 1 on the basis of
authority, where such rights can exercise at its discretion, and if it
were not the principal granted any special instructions on how to vote,
(h)), on the basis of the Treaty of which the person referred to in paragraph 1 the right to testify
acquired, or the right to decide whether it will take the shares or equivalent securities
securities with voting rights, or
I) that do not meet the conditions referred to in subparagraph (h)), relating to the
stocks satisfying the conditions referred to in subparagraph (h)), and to the economic
a similar effect as in the case of investment instruments complying with the
the conditions referred to in subparagraph (h)), regardless of the fact whether based
entitled to a settlement of the delivery of the thing to which it applies, the value of the
or, on the cash settlement.
(3) if the proportion of the voting rights referred to in paragraph 1 enters into or
pozbydou persons acting in concert, their holdings of voting rights
for the purposes of the performance of the notification obligation shall be aggregated; the obligation of the individual
the persons referred to in paragraph 1 is not affected. Notification obligations shall be subject to
(I) a change in the layout of a holding of voting rights between the parties
acting in concert within the range of the founding of the notification obligations.
(4) a person referred to in paragraph 1 shall notify the reaching, exceeding or reduction
the proportion referred to in paragraph 1, without undue delay, but not later than 4
working days after it becomes aware, or could find out about the fact
that bases the creation of notification under paragraph 1. Applies that the
the person referred to in paragraph 1, of this fact she learned no later than 2
working days after the day on which the said event occurred. If the obligation under
paragraph 1 arises more persons, these persons can meet the notification
obligation to the common notification. The notification obligation is fulfilled if
within the time limit the written notification is sent.
(5) If a power of Attorney within the meaning of paragraph 2 (a). g) granted only for
the purpose of a general meeting or similar gathering of owners of securities
representing the share of the issuer, may be a notification under
paragraph 1, the principal and the agent made a single
the announcement, which contains information on the proportion of the voting rights in the
during the general meeting or of a similar gathering of owners of securities
shares representing the securities to the issuer, indication of the share of the
voting rights at the time when the agent cannot
exercise the voting rights at its discretion, and further information, when
the moment occurs.
(6) failure to comply with the notification obligation provided for in paragraph 1 shall not
results in an invalid legal act, on the basis of which the acquisition has occurred
or increase of holding on to the issuer, but the voting rights attaching to
thus acquired shall not be exercised by the participation, to the time of fulfilment
the notification requirement.
(7) the Czech National Bank publishes the facts which have been notified to the
referred to in paragraph 1, with information on the amount of the share of the voting
rights shall publish, not later than within 3 working days from the date of
service of the notice or the date on which this information finds itself.
(8) the details to notification under paragraph 1, the form and manner of the sending of
down detailed legislation.
§ 122a
The procedure for the notification of voting rights
(1) the obligation of notification according to § 122 para. 1 has a person whose share of
voting rights has increased or decreased as a result of an increase or
reduction of share capital.
(2) the obligation provided for in § 122 para. 1 arises regardless of the person
voting rights for any reason does not. As a result, that
This person does not exercise the voting rights does not change its share
or share other people on voting rights referred to in paragraph 1.
(3) the person referred to in section 2a paragraph 2. 1 (b). a) to (c)) or a foreign person with
similar activities not included in the holding of voting rights pursuant to §
paragraph 122. 1 shares of the voting rights,
and) that relate to the business portfolio, according to the article. 4 (4). 1, point 86
Regulation of the European Parliament and of the Council (EC) no 575/2013,
(b)) does share pursuant to § 122 para. 1 the first sentence, and
(c)) that does not or otherwise does not interfere with the management of the issuer.
(4) the person controlling a person who is authorised to provide investment
the services referred to in section 4, paragraph 4. 2 (a). (d)), or a foreign person who has
the authorization of another Member State of the European Union to provide investment
services like investment services referred to in section 4, paragraph 4. 2 (a). (d)), to
holding of voting rights pursuant to § 122 para. 1 not including shares
on voting rights, which relate to the assets that
manages the controlled entity, if
and) controlled the voting rights exercised only in accordance with written
the customer, or
(b)) a controlling person does not intervene in any way in the exercise of those
of the voting rights.
(5) the person controlling translates into higher investment fund or
foreign investment fund the holding of voting rights in accordance with
§ 122 para. 1 not included voting rights that are associated with the
assets in investment funds or foreign investment funds,
which the controlled person, does not intervene if a controlling person
in any way the exercise of such voting rights.
(6) paragraphs 4 and 5 shall also apply to the controlling person of the person in
accordance with the laws of the State, which is not a Member State of the European
the Union provides a service in that State comparable to the investment service
referred to in section 4, paragraph 4. 2 (a). (d)), if
and the rule of law of such a State) the controlling party shall require that voting
rights, which relate to securities that are part of
of Fund assets, this person only in accordance with written
the customer, or to ensure that the procedures to reduce the potential for conflicts of
interest between the persons responsible for management of the assets and other
persons,
(b)) a controlling person does not intervene in any way in the exercise of the voting
rights, which relate to securities that are part of
of Fund assets, and
(c) in the case of the controlled entity) a conflict of interest between her and the controlling entity is
obliged to give priority to their interests before the interests of the controlling entity. ".
78. under § 122a of the following new section 122b and standard 122 c, including headings
shall be added:
"§ 122b
Other conditions and requirements for the notification of voting rights
(1) the provisions of § 122a of paragraph 1. 4 to 6 shall apply to a controlling person
only, it shall, without undue delay to the Czech National Bank
and) data on the controlled person in accordance with § 122a of paragraph 1. 4 to 6 and of the authorities
supervision, whose oversight they are subject,
(b)) Declaration of compliance with the conditions laid down in § 122a of paragraph 1. 4 to 6;
the Declaration shall not be sent if it is covered exclusively investment
tools that allow you to acquire the securities within the meaning of § 122 para. 2
(a). h) or (i)), and
(c) the particulars or) changes in the Declaration referred to in subparagraph (a)), or (b)).
(2) the controlling person pursuant to § 122a of paragraph 1. 4 to 6 at the request of the Czech
National Bank without undue delay shall demonstrate that
and) a controlling person and controlled entity have the organizational arrangement
allowing that the voting rights are exercised in accordance with § 122a
paragraph. 4 (b). (b)) or § 122a of paragraph 1. 5,
(b)), when a controlling person is controlled by persons or by the customer
has participation in the assets that are managed in an controlled person from
written documentation shows that their relationship is usually in contact with the
other customers.
(3) the issuer referred to in § 118 paragraph. 1 (b). and), which took or lost
its own shares, either himself or through another person acting on behalf of
the issuer shall publish the information that has reached or exceeded the proportion of
pursuant to § 122 para. 1 the first sentence on its voting rights or that
decreased its share of voting rights under these boundaries. The issuer of this
information publicly available within 4 working days after it occurs, the fact
that bases the creation of this obligation.
(4) the issuer referred to in § 118 paragraph. 1 (b). and in the information referred to in paragraph)
3 publish the total number of voting rights and share capital in the amount of
the calendar month in which the change has occurred, its share of the voting
rights.
(5) for the purposes of the performance of the notification obligation pursuant to § 122 para. 1 to
the proportion of the voting rights of the issuer on all shares are not counted
voting rights of securities acquired in redemption or
When prices stabilise the investment facility under the terms of
directly applicable EU regulation implementing directive
The European Parliament and of the Council on market abuse ^ 14a), if he does
voting rights or otherwise does not interfere with the management of the issuer, a person who
These securities were acquired.
§ standard 122 c
Exemptions from notification
(1) the obligation of notification according to § 122 para. 1 shall not apply to
and the person for whom) has fulfilled the obligation of notification, the person who controls it,
(b)) a person who acquires or zcizuje investment securities specified in §
paragraph 118. 1 (b). a) for the purpose of settlement of trades with those investment
instruments, if the time limit for the settlement of no more than 3 working days,
or
(c)) a person who has in his power investment securities specified in § 118
paragraph. 1 (b). and) and voting rights attached to those investment
the tool performs exclusively according to the written statement of the owner.
(2) the notification obligation pursuant to § 122 para. 1 shall not apply to
market maker,
and) which is a trader in securities or a person who has the authorization
the national supervisory authority of another Member State of the European Union to provide
investment services,
(b)) reaches or exceeds its share of voting rights
the issuer of the border referred to in § 122 para. 1 the first sentence, or if your
share under these boundaries,
(c)), provided that it does not exercise influence over the management of the issuer, and
d) if within the time limit referred to in § 122 para. 3 the issuer's supervisory authority,
that carries on or intends to carry on business as a securities market maker
of the issuer.
(3) the person referred to in paragraph 2 shall notify the supervisory authority of the issuer without
undue delay closure of market maker.
(4) the obligation of notification according to § 122 para. 1 shall not apply to Member
The European system of central banks, if in the performance of tasks of the European
system of central banks reaches or exceeds the amount of the shares in the
voting rights referred to in § 122 para. 1 or the amount of their share of the
voting rights falls below these limits, and the voting
the law does not exceed the boundaries and set out for a short time and in accordance
with the rules governing the activities of the European Central Bank and Central
banks. The notification obligation also applies in these cases does not apply to
other party to the transaction. ".
79. section 123, including the title reads as follows:
"§ 123
Choice of reference state
(1) the issuer referred to in § 118 paragraph. 1 (b). and section 2, §) 118 paragraph. 1
(a). (b)), paragraph 2, § 118 paragraph. 1 (b). (c)), and (d)) or in paragraph 4, shall elect
for the reference state, one Member State of the European Union, in which the
to fulfil the obligations referred to in part II and in the ninth heads or comparable
obligations under the law of another Member State of the European Union.
The following elected State may be the only Member State of the European Union, in
which has its registered office or the issuer in which it issued securities
securities admitted to trading on a regulated European market. This option
It is mandatory for at least 3 years from the date of delivery,
unless the investment securities issued by the issuer ceases to be
traded on all regulated European markets.
(2) the issuer referred to in § 118 paragraph. 1 shall publish the information in which
Member State of the European Union will fulfil the obligations pursuant to part the ninth
titles II and in or comparable obligations under the law of another
the Member State of the European Union, and at the same time notify the Czech National Bank
and the supervisory authority of another Member State of the European Union, in which they are
It issued securities are admitted to trading on a regulated European
market and in which the issuer has its registered office.
(3) failure by the issuer referred to in § 118 paragraph. 1 (b). and section 2, §) 118
paragraph. 1 (b). b) 2 or § 118 paragraph. 1 (b). (c)), and (d)) your choice
in accordance with paragraph 1 within 3 months from the date of first receipt it issues
of securities to trading on a regulated European market, it is considered
that he has chosen as a reference for the Member State of the European Union, in
which were adopted by the securities issued to trading on European
a regulated market. If such States more, it shall be deemed that he has chosen
for the reference state of each of these Member States of the European Union, and that
up until the issuer chooses the reference state is the only Member State
The European Union and shall publish a notice and notify your choice referred to in paragraph 2.
(4) if the existing reference to the issuer under paragraph 1 cannot
continue to be the reference state, chosen by the issuer without undue
delay, a new reference State referred to in paragraph 1 and shall publish this option and
notify in accordance with paragraph 2.
(5) if the issuer has not notified his choice referred to in paragraph 4 within 3 months from
the day when he learned that his reference State pursuant to paragraph
1 can no longer be his reference state, it shall be deemed that he has chosen
the reference for the Member State of the European Union, in which they were received
It issued securities to trading on a regulated European market.
If such States more, it shall be deemed that he has chosen for the reference state
each of these Member States of the European Union, up until you
the issuer chooses the reference state is the only Member State of the European Union and
your choice to publish and notify in accordance with paragraph 2. ".
80. in paragraph 127c paragraph. 1, the words "in which the documents can be presented as the United
the National Bank "shall be replaced by the word" English ".
81. In paragraph 127c paragraph. 2 the words "the language in which documents can be presented as
The Czech National Bank "is replaced by" English language ", the word" these "
shall be deleted and the text at the end of paragraph 2 the words ", in which
have these foreign regulated markets Headquarters ".
82. In paragraph 127c paragraph. 3 of the introductory part of the provisions for the word "market"
the words "but is admitted to trading on a foreign
regulated market ".
83. In paragraph 127c paragraph. 3 (b). and) the words "to the supervisory authorities of the Member States
The European Union, acting in the performance of the financial market supervision, in
where is this investment securities admitted to trading on a
regulated market ' shall be replaced by "competent authorities of other
Member States of the European Union, in which seat of these foreign
regulated markets ".
84. In paragraph 127c paragraph. 3 (b). (b)), the comma after the word "Czech" is replaced by
the word "or" and the words "or in the language in which documents can be presented as
The Czech National Bank "shall be deleted.
85. In paragraph 127c paragraph. 4, the word "b)" is replaced by "(c))", the words
"the language in which documents can be presented as the Czech National Bank, and"
replaced by the words "of the English language, and" and the word "such" is deleted.
86. In paragraph 127d paragraph. 1 the words "§ 122 para. 15 or 16 "shall be replaced by
"§ 122b para. 3 or 4 ".
87. In article 135 paragraph. 1 p) is added:
"p) a person that is subject to obligations or prohibitions in directly
of the applicable legislation of the European Union relating to the improvement of the settlement
securities transactions within the European Union and the central securities depository
paper ^ 51) ".
88. In paragraph 135 para. 1 (b). y), the words ", section 104b (1) ' shall be deleted.
89. In paragraph 135 para. 1 (b). § 164 of), para. 1 (b). k), § 166 paragraph. 1
(a). (j)) and in section 192a para. 1 the words ' regulation on the sale for a short time "
replaced by the words "directly applicable European Union legislation governing
sale for a short time and some aspects of the credit default swaps ^ 42) ".
90. in paragraph 135 para. 1 the letter from) the following point for)
added:
"for) the person that is subject to obligations or prohibitions under article. 4
paragraph. 1, art. 5a. 8B. 8 c and article. 8 d of regulation of the European Parliament
and Council Regulation (EU) No 1060/2009 ".
Letter for) is renumbered as paragraph zb).
91. In paragraph 135 para. 1 (b). zb), § 164 of paragraph 1. 1 (b). l) and in section paragraph 192b.
1, the words "regulation on derivatives" are replaced by the words "directly applicable
Regulation of the European Union governing OTC derivatives CCPs
and trade repositories ^ 43) ".
92. In paragraph 136, the dot at the end of paragraph 1 is replaced by a comma and the following
letters m) and n) are added:
"m) impose measures according to art. 63 para. 2 (a). ) to c) Regulation
The European Parliament and of the Council (EC) no 909/2014,
n) disclose information about it, what is the nature of the infringement, and
identify the person who acted in this way, including the identification of the person
that act as a legal person ".
93. In § 136 paragraph. 4, the words "or central depository" and the words "or
Central Depositary ' shall be deleted.
94. In the tenth title I, the heading of part 10 is replaced by
"Information obligations of the Czech National Bank".
95. In article 149e, the following paragraph 4 is added:
"(4) the Czech National Bank, without undue delay, inform the final
conditions of the offer in accordance with § 36a para. 3 supervisory authority of another Member
State of the European Union, in which the securities of this issuer
publicly offered or admitted to trading on a regulated European
market, and the European Securities and markets. ".
96. In § 153 para. 6 the last sentence, the word "Member" shall be replaced by
"Member".
97. In the tenth is in the title of title III, the word "and" shall be deleted.
98. In § 157 paragraph. 14 (a). (d)), the word "possible" is replaced by
"possible".
99. In § 157 paragraph. 14 (a). e), the words "arising out of" are replaced by
the word "by".
100. In paragraph 161, paragraphs 1 and 2 shall be added:
"(1) a person who keeps records of investment instruments, is guilty of an
the administrative offense by
and breach of the obligation to keep records) or documents under section 99a, or
(b) fails to provide the information referred to in §) 115 paragraph. 1.
(2) the CSD or CSD is committed by foreign
the administrative offense by
and) contrary to article. 26 paragraph 2. 1 to 5 of the regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 establishes the reliable systems of management and administration, or
These systems for Administration and management shall not disclose,
(b)) in breach of article. 27 para. 2 to 4 of regulation of the European Parliament and
Council Regulation (EU) no 909/2014 the members of the management body, do not meet the requirements for
performance of their duties or are paid depending on the business
the results of the CSD,
c) contrary to article. 27 para. 7 regulation of the European Parliament and of the Council
(EU) no 909/2014 does not provide the required information,
(d)) in breach of article. 27 para. 7 regulation of the European Parliament and of the Council
(EU) no 909/2014 does not obtain consent to the transfer of ownership,
e) in breach of article. 28 para. 1, 2 or 6 of regulation of the European Parliament
and Council Regulation (EU) no 909/2014 establishes a Committee of users does not load the required
the rules for the performance of its activities or does not inform the Czech National Bank
or the Committee of users that are not driven by the opinion of the Committee of users,
(f)) in breach of article. 29 para. 1 or 2 regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not maintain records of services provided or
from this evidence, on request, the data does not provide,
g) in breach of article. 30 paragraph 2. 1, 3 or 4 of the regulation of the European Parliament
and of the Council (EU) No. 909/2014 fulfils the conditions in third-party credentials
the performance of his services or activities, make available the required information
or does not obtain consent with such a mandate,
h) in breach of article. 32 para. 2 regulation of the European Parliament and of the Council
(EU) no 909/2014 has introduced rules for the handling of complaints,
I) in breach of article. 33 para. 1 or 4 regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not provide the required conditions for participation or
suspension or termination of participation in a securities settlement system,
j) in breach of article. 34 para. 1, 2, 4 or 5 of regulation of the European
Parliament and of the Council (EU) no 909/2014 shall not publish a price list of the services or
does not provide the required information,
k) in breach of article. 34 para. 6 to 8 of regulation of the European Parliament and
Council Regulation (EU) no 909/2014 does not charge on the costs and yields of the desired
in a way,
l) in breach of article. 35 regulation of the European Parliament and of the Council (EU) No.
909/2014 do not follow the required procedures for communication,
m) in breach of article. 37 para. 1 and 3 of the regulation of the European Parliament and of the Council
(EU) no 909/2014 does not ensure the integrity of the emissions,
n) in breach of article. 38 para. 1 to 4 of regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not keep records and accounts the way you want,
about) in breach of article. 38 para. 6 regulation of the European Parliament and of the Council
(EU) no 909/2014 shall not disclose the information requested,
p) in breach of article. 38 para. 7 regulation of the European Parliament and of the Council
(EU) No. 909/2014 disposes of securities maintained on accounts
illicitly,
q) in breach of article. paragraph 39. 2 or 3 of regulation of the European Parliament and
Council Regulation (EU) no 909/2014 does not ensure the determination of the required moments or
shall not disclose the rules governing the validity and efficiency of the transmission in a
securities settlement system,
r) in breach of article. paragraph 39. 6 regulation of the European Parliament and of the Council
(EU) no 909/2014 does not ensure that funds will be available in
the moment,
s) in breach of article. 40 para. 3 regulation of the European Parliament and of the Council
(EU) no 909/2014 does not provide the required information, or in cases in which
the quality,
t) in breach of article. paragraph 41. 1 to 3 of the regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 establishes the required rules or procedures, this
rules or procedures will not disclose or does not perform the required regular
testing these rules or procedures,
u) in breach of article. paragraph 43. 1 regulation of the European Parliament and of the Council
(EU) no 909/2014 establishes the required rules, procedures or does not close
required by the Treaty,
in) in breach of article. 44 European Parliament and Council Regulation (EU) No.
909/2014 introduces a reliable management and control systems,
w) in breach of article. paragraph 45. 1 to 5 of the regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 establishes the appropriate tools or plans for the management of
operational risk or does not perform regular testing,
x) in breach of article. paragraph 45. 6 regulation of the European Parliament and of the Council
(EU) no 909/2014 does not specify, it does not monitor or control the risks or
These risks or operational incidents does not provide the required
information,
s) in breach of article. 46 para. 1 to 3 or 5 of regulation of the European
Parliament and of the Council (EU) no 909/2014 does not comply with the investment policy
policy,
from) in breach of article. paragraph 47. 1 or 2 regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not have the required amount of capital or does not load
the required plans,
for) in breach of article. 48 para. 1 to 8 of regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not comply with the obligations arising from the mutual
link,
zb) in breach of article. paragraph 49. 2 or 3 of regulation of the European Parliament and
Council Regulation (EU) No. 909/2014 have not dealt with the request of the issuer without delay and
non-discriminatory manner or refuses to provide services to the issuer,
ZC) in breach of article. 52 para. 2, or article. 53 para. 3 regulation of the European
Parliament and of the Council (EU) no 909/2014 refuses to set up a mutual link
to set up access to your system or properly justified by the settlement
refusing a request for access or setting up a link, or
ZD) in breach of article. paragraph 59. 3 or 4 of regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not comply with the specific prudential requirements. ".
101. In paragraph 161, paragraphs 5 and 6 are added:
"(5) for the administrative offence referred to in paragraph 1, 3, or 4 shall be imposed within 10
000 000 CZK.
(6) for the administrative offence referred to in paragraph 2 are imposed to
and 550 000 000 Czk),
b) 10% of the total annual turnover of the CSD in accordance with its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine or the amount of 550 000 000 CZK
c) above twice the advantage obtained by the
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of 550 000 000 CZK. ".
102. In section 162 para. 3 and 5, the words "and) or (b))" shall be replaced by ' a), (b))
or (c)) ".
103. In section 162 para. 7, after the words "(a). (b)) "the words" or (c)) ".
104. In section 162 para. 9 at the end of the text of the letter b), the words "and
If this is not the case under paragraph 10 or 11 ".
105. In paragraph 162, the following paragraphs 10 and 11 shall be added:
"(10) for the administrative offence of the issuer, which is a legal person, in accordance with
paragraph 1 (b). and), in the case of failure to fulfil obligations to publish an annual
report pursuant to § 118, the half-yearly report referred to in section 119, numerical data, and more
information under section 119a or 119b or information pursuant to § 122b para. 4,
will be saved to the fine
and $300 000 000),
(b)) above 5% of the total annual turnover of the legal person, based on its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(11) for the administrative offence of the issuer, which is entrepreneurial natural person
referred to in paragraph 1 (b). and), in the case of failure to comply with the obligation to publish
an annual report under section 118, the half-yearly report under section 119, the figures
and other information under section 119a or 119b or information pursuant to § 122b
paragraph. 4, fined the
and 60 000 000 Kč)
(b) twice the amount of the unlawful benefit) obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 60 000 000. ".
106. In paragraph 164 of paragraph 1. 1 c) and (d)):
"(c)) does not have the prior consent of the Czech National Bank under section 10b of the paragraph. 1 or
§ 47 para. 1,
(d) the breach of the obligation of notification) pursuant to section 10e of paragraph 1. 1 or § 47 para. 2, ".
107. In paragraph 164, the dot at the end of paragraph 1 is replaced by a comma and the following
the letters m to z)) are added:
"m) in breach of article. Article 16(1). 1, art. to in article 25(2). 2, or article. paragraph 54. 1 to 7
European Parliament and Council Regulation (EU) no 909/2014 provides services
as defined in sections A, B or C of the annex to this regulation,
n) gets the authorization required under article 4(2). Article 16(1). 1 or 54
paragraph. 2 regulation of the European Parliament and of the Council (EU) no 909/2014 on
by making false statements or by any other
irregular means,
about) in breach of article. 30 paragraph 2. 3 regulation of the European Parliament and of the Council
(EU) not to make the information required, 909/2014
p) in breach of article. 53 para. 1 regulation of the European Parliament and of the Council
(EU) no 909/2014 does not provide the required information,
q) in breach of article. paragraph 59. 3 or 4 of regulation of the European Parliament and of the
Council Regulation (EU) no 909/2014 does not comply with the specific prudential requirements,
r) as a credit institution, investment firm, insurance undertaking, reinsurance undertaking,
institutions for occupational retirement provision, the management company,
the investment company, the alternative investment fund manager or
the CCP used for regulatory purposes in violation of the first
subparagraph of article. 4 (4). 1 regulation of the European Parliament and of the Council (EU)
No 1060/2009 rating issued by a person other than the rating agency
established in a Member State of the European Union or registered by directly
of the applicable legislation of the European Union relating to the credit rating
Agency ^ 49)
with) as the issuer, the offeror or the person asking for admission
of securities to trading on a regulated market, does not provide contrary to
the second subparagraph of article 4(1). 4 (4). 1 regulation of the European Parliament and of the Council
(EU) No. 1060/2009 that was also disclosed in the prospectus, a clear and significant
information about whether the ratings has released a credit rating agency based in
Member State of the European Union or registered by directly applicable
the European Union's regulation governing credit rating agencies ^ 49)
t) as a credit institution, investment firm, insurance undertaking, reinsurance undertaking,
institutions for occupational retirement provision, the management company,
the investment company, the alternative investment fund manager or
CCP does not conflict with the article. 5A paragraph 2. 1 of regulation
The European Parliament and of the Council (EU) No 1060/2009 your own reviews
credit risk,
u) as a credit institution, investment firm, insurance undertaking, reinsurance undertaking,
institutions for occupational retirement provision, the management company,
the investment company, the alternative investment fund manager or
the CCP relies is in breach of article. 5A paragraph 2. 1 of regulation
The European Parliament and of the Council (EU) No 1060/2009 for the purposes of assessing
the creditworthiness of a person or a financial instrument exclusively or mechanically on the
credit ratings
in as the issuer, originator) or structured financial sponsor
the tools are domiciled in a Member State of the European Union
disclose in breach of article. 8B paragraph. 1 regulation of the European Parliament and of the
Council Regulation (EU) No 1060/2009 information on the credit quality and performance of the
the underlying assets of the structured finance facility, the structure of the
securitisation transactions, cash flow statement and any collateral
ensuring the securitisation exposure, or any information that
are needed to implement a comprehensive and properly substantiated load
test the cash flows and collateral values underlying provider
exposure,
w) as the issuer or related third person intending to apply for a rating
the structured finance facility nepověří in breach of article. 8 c paragraph 2. 1
European Parliament and Council Regulation (EU) No 1060/2009 at least two
credit rating agencies to independently provide your rating,
x) as the issuer or related third person intending to apply for a rating
structured financial instruments does not ensure in breach of article. 8 c paragraph 2.
2 regulation of the European Parliament and of the Council (EC) No 1060/2009, in order to charge
credit rating agencies meet the conditions referred to therein,
s) as related to the issuer or the third person intending to authorize the release
rating the same issue or evaluation, of the same person for at least 2 credit rating
the Agency, in breach of article. 8 d of paragraph 1. 1 the first sentence of the regulation of the European
Parliament and of the Council (EU) No 1060/2009 weighed the possibility of delegating the release
This credit rating by at least one rating agency, whose market share
does not exceed 10% and you can evaluate as capable to issue rating
the issue or to rate the person concerned or not recorded in violation of
with the article. 8 d of paragraph 1. 1 the second sentence of the regulation of the European Parliament and of the Council
(EU) No 1060/2009 its decision, or
from the breach of the obligation of notification) pursuant to § 122 or 122a, 122b. ".
108. In paragraph 164 of paragraph 1. 3 (b). and) the words "or l)" are replaced by the words ",
l), r), s) t))), w), x or y)) ".
109. In paragraph 164, the dot at the end of paragraph 3 is replaced by a comma and the following
(c)), which read as follows:
"(c)) $140 000 000, in the case of an administrative offence referred to in paragraph 1 (b). m),
n), o), p) or q), and committed the administrative offence entrepreneurial natural person
person. ".
110. In paragraph 164, paragraph 3 shall be inserted after paragraph 4 to 6, which
shall be added:
"(4) for the administrative offence of a legal person referred to in paragraph 1 (b). m), n)
o), p) or q) saves a penalty to
and 550 000 000 Czk),
b) 10% of the total annual turnover of the CSD in accordance with its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine or the amount of 550 000 000 CZK
c) above twice the advantage obtained by the
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of 550 000 000 CZK.
(5) for the administrative offence of a legal person referred to in paragraph 1 (b). from)
imposed to
and $300 000 000),
(b)) above 5% of the total annual turnover of the legal person, based on its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(6) for the administrative offence entrepreneurial natural persons referred to in paragraph 1 (b).
from) saves a penalty to
and 60 000 000 Kč)
(b) twice the amount of the unlawful benefit) obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 60 000 000. ".
The current paragraph 4 shall become paragraph 7.
111. In paragraph 164 of paragraph 1. 7 the first sentence, after the words "can be" the words
"instead of a fine or, together with a fine".
112. In § 166 paragraph. 1 (b). (b)) and in section 167 paragraph. 1 the words "§ 104b"
shall be deleted.
113. In § 166 paragraph. 1 (b). (d)), the words "§ 47 para. 1 or Section 104a
paragraph. 1 "shall be replaced by the words" or § 47 para. 1. "
114. In § 166 paragraph. 1 letter e) is added:
"e) violates the obligation of notification according to § 10e para. 1 or § 47 para.
2, ".
115. In § 166 paragraph. 1, letter h) the following new subparagraph (i)), which
added:
"i) breaches the obligation of notification under section 122 or 122a, 122b,".
Subparagraph (i))) and (j) shall become letters (j)), and k).
116. In paragraph 166, the dot at the end of paragraph 1 is replaced by a comma and the following
is the letter l) to (p)), which read as follows:
"l) as the issuer, the offeror or the person asking for admission
of securities to trading on a regulated market, does not provide contrary to
the second subparagraph of article 4(1). 4 (4). 1 regulation of the European Parliament and of the Council
(EU) No. 1060/2009 that was also disclosed in the prospectus, a clear and significant
information about whether the ratings has released a credit rating agency based in
Member State of the European Union or registered by directly applicable
the European Union's regulation governing credit rating agencies ^ 49)
m) as the issuer, the originator or sponsor of the structured financial
Tools residing in a Member State of the European Union shall not disclose the
contrary to the article. 8B paragraph. 1 European Parliament and Council Regulation (EU) No.
1060/2009 information on the credit quality and performance of the underlying assets
the structured finance facility, the structure of a securitisation transaction,
cash flows and any collateral ensuring the securitisation
exposure to, or any information that is necessary for the implementation of
a comprehensive and properly substantiated the cash flows and stress test
the values of collateral to secure the underlying exposures,
n) as the issuer or related third person intending to apply for a rating
the structured finance facility nepověří in breach of article. 8 c paragraph 2. 1
European Parliament and Council Regulation (EU) No 1060/2009 at least 2
credit rating agencies to independently provide your rating,
about) as related to the issuer or the third person intending to apply for a rating
structured financial instruments does not ensure in breach of article. 8 c paragraph 2.
2 regulation of the European Parliament and of the Council (EC) No 1060/2009, in order to charge
credit rating agencies meet the conditions referred to therein, or
p) as issuer or related third party intending to authorize the release
rating the same issue or evaluation, of the same person at least two credit rating
the Agency, in breach of article. 8 d of paragraph 1. 1 the first sentence of the regulation of the European
Parliament and of the Council (EU) No 1060/2009 weighed the possibility of delegating the release
This credit rating by at least one rating agency, whose market share
does not exceed 10% and you can evaluate as capable to issue rating
the issue or to rate the person concerned or not recorded in violation of
with the article. 8 d of paragraph 1. 1 the second sentence of the regulation of the European Parliament and of the Council
(EU) No 1060/2009 its decision. ".
117. In § 166 paragraph. 3 (b). and the words "or) j)" shall be replaced by ",
k), l), m), n), o) or p) ".
118. In § 166 paragraph. 3 (b). (b)), the word "i") is replaced with "j").
119. In paragraph 166, the following paragraph 5 is added:
"(5) for the offense referred to in paragraph 1 (b). I can impose a fine to a)
and 60 000 000 Kč)
(b) twice the amount of the unlawful benefit) obtained by committing to this
offence, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 60 000 000. ".
120. In paragraph 167 paragraph. 11 (a). (c)), the words "paragraph 6, paragraph 7,
paragraph 8 or paragraph 9 shall be replaced by "paragraph 7 or 8".
121. In paragraph 167, paragraph 11, insert a new paragraph 12, which reads as follows:
(12) for the offence referred to in paragraph 6 or 9, you can impose a fine of up to
and $60 000 000),
(b) twice the amount of the unlawful benefit) obtained by the
offence, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 60 000 000. ".
The former paragraph 12 shall become paragraph 13.
122. In paragraph 167 paragraph. 13, after the words "can be", the words "instead of the fine
or together with a fine ".
123. In paragraph 192, paragraphs 8 to 10 shall be deleted.
124. the heading of part of the eleventh is replaced by the heading "SPECIAL PROVISIONS
TO THE DIRECTLY APPLICABLE PROVISIONS OF THE EUROPEAN UNION ".
125. In section 192a para. 2 the words "short selling" is replaced by
"The European Parliament and of the Council (EU) no 236/2012".
126. the following section is inserted after section 192b 192c, which reads as follows:
"§ 192c
(1) the competent authority in accordance with regulation directly applicable in the European Union
governing the prudential requirements for credit institutions and investment
^ 50) companies in the Czech Republic is the Czech National Bank.
(2) the designated authority in accordance with regulation directly applicable in the European Union
governing the prudential requirements for credit institutions and investment
^ 50) companies in the Czech Republic is the Czech National Bank.
(3) the sector-specific by the competent authority according to the directly applicable legislation
The European Union regulating credit rating agencies ^ 49) is in the Czech Republic
The Czech National Bank.
(4) the competent authority in accordance with regulation directly applicable in the European Union
relating to the improvement of the settlement of securities transactions in the European
the Union and the central securities depository ^ 51) is in the Czech Republic
The Czech National Bank.
127. section 194 reads as follows:
"§ 194
The provisions of this law on securities laws also apply to uncertificated
securities, unless it rules out their nature or the law. ".
128. In paragraph 196 of paragraph 1. 1 the second sentence after the word "may", the words "on
the request "and the words", if it is in the interest of the investors "are deleted.
129. In paragraph 196 of paragraph 1. 1, the last sentence shall be deleted.
130. In paragraph 196 of paragraph 1. 4 at the end of the text of the second sentence, the words "or
in the English language ".
131. In paragraph 196, at the end of paragraph 4, the following sentence "the Czech National Bank
by means of official notice on its website down for
an indefinite number of persons or control whether and which documents may be submitted in
the English language. ".
132. In § 198a with a dot at the end of paragraph 1 is replaced by a comma and the following
(f)), which read as follows:
"(f)) without undue delay the decision on the imposition of measures pursuant to § 136
paragraph. 1 (b). m) or a fine under section 164 paragraph. 3 (b). (c)) and information on the
Administration administrative actions and other remedies against these
decision and of the result; decision published in a way that
It is in accordance with art. 62 para. 1 regulation of the European Parliament and of the Council
Regulation (EU) no 909/2014. ".
133. In § 199 para. 2 the words "§ 93 para. 6, § 103 para. 3, §§ 104a
paragraph. 1, § 106 paragraph. 2, § 107 para. 2, § 108 paragraph. 1, § 122 para. 17.0 "
replaced by the words "§ 93 para. 5, § 122b para. 6. "
134. In section 202a of paragraph 1. 3 the words "and in accordance with the other terms and conditions
set out the operational regulations, ' shall be deleted.
Article II
Transitional provisions
1. The provisions of § 118 paragraph. 2 Act No. 256/2004 Coll., in the version in force
from the date of entry into force of this Act, shall not apply to the annual
the reports that have been published before the date of 26. November 2010.
2. For issuers, which issued securities and uncertificated securities
have been admitted to trading on a regulated European market before the date of
entry into force of this Act, the period under § 123 paragraph. 3 of the law
No. 256/2004 Coll., in the version in force from the date of entry into force of this
the law, run on 27 November. November 2015.
3. the issuers, which issued by the investment securities were admitted to
trading on a regulated European market before the date of entry into force of
of this Act and which are not covered by section 123 paragraph. 3 of Act No. 256/2004
Coll., in the version in force from the date of entry into force of this Act,
the obligation under section 123 paragraph. 2 Act No. 256/2004 Coll., in the version in force
from the date of entry into force of this Act, within 3 months from the date of acquisition
the effectiveness of this Act.
4. the obligations referred to in § 118 paragraph. 1 to 4, § 118 paragraph. 5 and 7 and section 119 is
do not apply to the issuer, which publishes exclusively bond or similar
a security that represents the right to repayment of the amount owed by
by the issuer or other investment securities, whose value is related
to repay the amount owed by the issuer, including securitised
of the debt, if
and the nominal value of such investment) instruments corresponds to the date
emissions of at least EUR 50 000, the amount corresponding to the
(b)) this investment securities was admitted to trading on a regulated
the market before the date of 31. December 2010 and
(c)) has not yet been paid.
5. By the time of the granting of the authorisation to conduct business according to the directly applicable
Regulation of the European Union relating to the improvement of the settlement
securities in the European Union and the central depository of securities
legal relations of the CSD governed by Act No. 256/2004 Coll., in
the version in force before the date of entry into force of this Act.
6. The administrative offences committed before the date of entry into force of this
Act date of entry into force of this Act, seen as the administrative
offences under law No. 256/2004 Coll., in the version in force from the date of acquisition
the effectiveness of this Act. Responsibility for these administrative offences shall be
According to the existing legislation, if the conduct constituting the
responsibility for the existing administrative offence occurred prior to the date of acquisition
the effectiveness of this law; pursuant to Act No. 256/2004 Coll., in the version in force
from the date of entry into force of this law, shall be considered only if
This is more favourable for the offender.
7. the procedure for the administrative offence instituted before the date of entry into force of
Act No. 256/2004 Coll., in the version in force from the date of entry into force of
This Act, to this day finally completes the unfinished according to
the existing legislation.
8. the administrative proceedings initiated before the date of entry into force of law No.
256/2004 Coll., in the version in force from the date of entry into force of this Act,
and to this day finally completes the unfinished according to present
legislation.
9. a person who leads according to § 94 paragraph. 5 of law No. 256/2004 Coll., in
the version in force before the date of entry into force of this law, on accounts
customer records following the separate registers of investment
instruments led by the CSD or the Czech National Bank,
can lead this record in the accounts of customers for a maximum period of 12 months
from the date of entry into force of this Act.
10. The provisions of § 118 paragraph. 4 (b). l) in the version in force from the date of acquisition
the effectiveness of this law shall apply for the first time in the financial year,
began in the year 2017 or later.
PART TWO
Changing the law on supervision in the field of capital market
Article. (III)
Act 15/1998 Coll., on surveillance in the capital market and amending and
additional laws, as amended by Act No. 30/2000 Coll., Act No.
362/2000 Coll., Act No. 370/2000 Coll., Act No. 308/2002 Coll., Act No.
309/2002 Coll., Act No. 257/2004 Coll., Act No. 626/2004 Coll., Act No.
381/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
70/2006 Coll., Act No. 224/2006 Coll., Act No. 342/2006 Coll., Act No.
296/2007 Coll., Act No. 104/2008 Coll., Act No. 230/2008 Coll., Act No.
250/2008 Coll., Act No. 254/2008 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 160/2010 Coll., Act No.
139/2011 Coll., Act No. 188/2011 Coll., Act No. 428/2011 Coll., Act No.
37/2012 Coll., Act No. 89/2012 Coll., Act No. 273/2012 Coll., Act No.
241/2013 Coll., Act No. 303/2013 Coll., Act No. 131/2015 Coll., Act No.
375/2015 Coll. and Act No. 377/2015 Coll., is amended as follows:
1. Footnote 1 is added:
"1) Act 42/1994 Coll. on supplementary pension insurance with State
contribution and on changes of some acts related to its introduction,
in the wording of later regulations.
Act 190/2004 Coll., on bonds, as amended.
Act 256/2004 Coll., on business in the capital market, as amended by
amended.
Act 426/2011 Coll., on pension savings, as amended
regulations.
Act 427/2011 Coll. on supplementary pension savings, as amended by
amended.
Act 90/2012 Coll., on commercial companies and cooperatives.
Act 240/2013 Coll., on investment companies and funds, as
amended. ".
2. in article 4, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
3. In paragraph 7 (b). (b)), the word "laws" ^ 1) "is replaced by" laws "^ 1"), ".
4. In paragraph 7 (b). (d)), the word "Union" ^ 9a), ^ 29) "shall be replaced by ' Union
^ 9a), 29), ^ ^ ^ 36), ^ 38) ".
Footnote No. 38:
"38) European Parliament and Council Regulation (EC) no 909/2014 of 23 December 2003.
July 2014 to improve the settlement of securities transactions in the European
the Union and central securities depositories and amending directives
98/26/EC and 2014/65/EC and Regulation (EC) no 236/2012. ".
5. In section 8 paragraph 1. 3, the first sentence shall be deleted and in the second sentence, the words
"unless otherwise provided by the Czech National Bank a longer period" shall be replaced by "or in the
the period set by the Czech National Bank ".
6. In article 8, paragraph 4 shall be deleted.
Paragraphs 5 and 6 shall be renumbered as paragraphs 4 and 5.
7. In § 8 para. 4 and 5, after the word "check" the words "in accordance with
control the order of "and the words", and the person is required to
to assist "shall be deleted.
8. section 9a is including the title.
9. section 9b and 9 c, including the following titles:
"§ 9b
Administrative offences of legal persons and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and as the person controlled) control the order fails to comply with any of the
obligations under section 10, paragraph 1. 2 the control order,
(b)) as required under the inspection of the order, the person fails to comply with an obligation under section
10, paragraph 1. 3 the inspection regulations,
(c) breach of an obligation under §) 8 (2). 3,
(d)) does not provide information pursuant to section 8a, or
e) breach of an obligation under section 7A(1). 1 (b). and) or (c)).
(2) an administrative offence referred to in paragraph 1 (b). a), b), c) or (d))
fined 10 000 000 CZK for the administrative offence referred to in paragraph 1
(a). e) saves a penalty to 50 000 000 CZK.
§ 9 c
Misdemeanors
(1) a natural person has committed the offence by
and as the person controlled) control the order fails to comply with any of the
obligations under section 10, paragraph 1. 2 the control order,
(b)) as required under the inspection of the order, the person fails to comply with an obligation under section
10, paragraph 1. 3 the inspection regulations,
(c) breach of an obligation under §) 8 (2). 3,
(d)) does not provide information pursuant to section 8a, or
e) breach of an obligation under section 7A(1). 1 (b). and) or (c)).
(2) for the offense referred to in paragraph 1 (b). a), b), c) or (d)), you can save
a fine of up to 5 000 000 CZK. For the offense referred to in paragraph 1 (b). e) can be
impose a fine of up to $25 000 000. ".
10. In § 13 para. 6, the words "in the field of capital market ' shall be deleted.
11. section 14 reads as follows:
"section 14
(1) the Czech National Bank publishes on its website
final or enforceable decision that issued under this
the Act or special legislation in the area of capital
the market for "^ 1"), and always with the anonymised data of third parties, and to
the information was made available, subject to the law governing the
the protection of classified information.
(2) the decision referred to in paragraph 1 may be published without putting
the identification data of the persons concerned (hereinafter referred to as "the person concerned"),
If publication would
and against the person concerned) were based on the previous assessment clearly
unreasonable,
(b) the person caused unreasonable) and serious harm,
c) endangers the stability of the financial market, or
(d)) would jeopardize the ongoing criminal or administrative proceedings.
(3) where the procedure under paragraph 2 may be personally identifiable information
presented by the person concerned after the reasons in accordance with paragraph 2 no longer exist.
If the procedure referred to in paragraph 2 is sufficient, the publication of the decision
defer until than the reasons referred to in paragraph 2 have ceased to exist.
(4) the decision referred to in paragraph 1 of the imposition of a penalty for an administrative offence,
corrective measures or other measures shall be published at least once
period of 5 years. The personal data under the law governing the protection of personal
the data relating to the persons concerned, are contained in this
the decision may be posted for a maximum period of 5 years.
(5) if the action is brought against a decision of the uveřejněnému, publishes Czech
National Bank of this fact on their website. Czech
the National Bank shall publish the same way, information about the outcome of the Court of
review. ".
Footnote 13, 17, 21 and 22 shall be deleted.
Article IV
Transitional provisions
1. The administrative offences committed before the date of entry into force of this
Act date of entry into force of this Act, seen as the administrative
offences under law No. 15/1998 Coll., in the version in force from the date of acquisition
the effectiveness of this Act. Responsibility for these administrative offences shall be
According to the existing legislation, if the conduct constituting the
responsibility for the existing administrative offence occurred prior to the date of acquisition
the effectiveness of this law; pursuant to Act No. 15/1998 Coll., in the version in force
from the date of entry into force of this law, shall be considered only if
This is more favourable for the offender.
2. the procedure for the administrative offence instituted before the date of entry into force of
This law, and to this day finally completes the unfinished, according to
Act No. 15/1998 Coll., in the version in force before the date of entry into force of
of this Act.
3. a judgment given in proceedings initiated before the date of entry into force of
This law, and to this date, been neukončeném in § 14 of the law No.
15/1998 Coll., in the version in force from the date of entry into force of this Act,
not apply and proceed according to the existing legislation.
PART THREE
Amendment of the Act on investment companies and investment funds
Article. In
Act 240/2013 Coll., on investment companies and investment
funds, as amended by Act No. 336/2014 Coll. and Act No. 377/2015 Coll.,
be amended as follows:
1. In footnote No 2 with the following text on separate lines:
"The Commission delegated Regulation (EU) no 694/2014 of 17 May.
December 2013, supplementing the directive of the European Parliament and of the Council
(EU) 2011/61/EC, as regards the regulatory technical standards that specify the types of
alternative investment fund managers.
Regulation of the European Parliament and of the Council (EU) 2015/760 of 29 September 2003. April
2015 funds long-term investments. "
2. In article 6 (1). 4, after the word "Fund" the words "or the European
long-term investment pool by directly applicable regulation
Union governing European funds long-term investments ^ 18) (hereinafter referred to as
"the European fund long-term investments") ".
Footnote 18 is added:
"18) the regulation of the European Parliament and of the Council (EU) 2015/760.".
3. In paragraph 11, at the end of paragraph 2 the following sentence "foreign person with
the authorisation under section 481 may not even manage the European Fund
long-term investments. "
4. In article 11 (1) 4, after the word "managed" is inserted after the word "only".
5. in article 16 paragraph 1. 3, after the word "limit" shall be inserted after.
6. in article 16 paragraph 1. 6 the first sentence, the words "as well as" be replaced by "that
is not a standard or comparable foreign fund investment fund
and that is managed in an authorized maturity should not exceed
a determined limit, as well as the method of calculation "and the second in the sentence after the word
"effect", the words "this Fund".
7. in section 30 paragraph 2. 1, after the words "a) or (b))" the words ",
Government investment fund referred to in section 29 para. 2 (a). a) or b) "
the words "with the authorization pursuant to section 481" shall be deleted and the words "(a). (c)) "
the words "or section 29 para. 2 (a). (c)) ".
8. in § 31 para. 4, after the words "(a). (b)) "the words", self-governing
Investment Fund referred to in section 29 para. 2 (a). and) or (b)) ", the words" with the
the authorisation under section 481 "shall be deleted and the words" (a). (c)) "
the words "or section 29 para. 2 (a). (c)) ".
9. In paragraph 63, the current text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the depositary of a fund or the European standard of long-term
investment assets referred to in paragraph 1 shall apply only if it is in favour of
This Fund and its unit-holders or shareholders.
(3) If a depositary of a fund or European standard
long-term investment assets referred to in paragraph 1 shall provide for the benefit of
This Fund financial collateral under the law governing the financial
ensure to ensure the claims Fund was sufficient. "
10. In § 69 para. 1 (b). c) point 1 and § 69 para. 1 (b). (d)) (3)
the words "9 and 9a ' shall be replaced by" paragraph 8a. 1. "
11. In paragraph 70, after paragraph 1, insert a new paragraph 2 is added:
"(2) the depositary of a standard pool and obhospodařovatel of this Fund in
depozitářské the Treaty also will define the limits within which the depositary shall provide
obhospodařovateli an inventory of the assets of this Fund, which has held in custody
custody or which provides registration, including cash
the funds in the accounts, which leads in the name and for the benefit of the Fund. ".
The former paragraph 2 becomes paragraph 3.
12. in section 78, paragraph 3, the following paragraph 4 is added:
"(4) a depositary may delegate pool standard individual
the activities referred to in § 71 para. 1 (b). and a) and b) only him who receives the
measures in the event of its bankruptcy would lead to the release of the Fund's assets
in a similar manner, as is published after the release of customer assets
decision on bankruptcy and the bankruptcy estate dealer
securities under the law governing business in the capital
market ".
The current paragraph 4 shall become paragraph 5.
13. section 82 is added:
"§ 82
(1) the obligation to pay under section 81 shall be the depositary of the Fund of collective
investing just relieved under the conditions defined in article 101 directly
of the applicable legislation of the European Union, implementing directive
The European Parliament and of the Council governing the alternative Manager
investment funds ^ 6), and directly applicable provision of the European Union, which
implementing directive governing the European Parliament and of the Council coordinating the
legislation in the field of undertakings for collective investment in relation to agents
standard funds ^ 8).
(2) the obligation to pay under section 81, the depositary of the Special Fund
relieved, even if agreed to in writing before, who commissioned the performance
the activities referred to in § 71 para. 1 (b). and) or (b)), that the authorized
replace the loss of investment instruments instead of him, and if he proves that
and when the performance credentials of another) the activities referred to in § 71 para. 1 (b). and)
or (b)) has satisfied the conditions laid down in § 78 para. 1 and 2, and
(b)) for the conclusion of such an agreement existed in an objective reason, as defined in
Article 102 directly applicable European Union legislation, implementing
Directive of the European Parliament and of the Council governing the alternative Manager
investment funds ^ 6). ".
14. in paragraph 83, the following paragraph 4 is added:
"(4) to the depositary of the European Fund of long-term investments, which
investments are offered to customers who are not professional
customers under the law governing the capital market, with the section
82 shall not apply. ".
15. In article 84 paragraph. 1 introductory part of the provisions, the words "by the depositary
Fund of qualified investors ", the words" which is not
the European fund long-term investment, in which investments are offered
customers who are not professional customers under the Act
governing business on the capital market. "
16. In the heading of section 96, the word "and" is replaced by a comma and at the end of the text
the words "and the European fund long-term investments".
17. in paragraph 96 (a). and), the word "and" shall be replaced by a comma, in the section at the end of 96
subparagraph (b)) the dot is replaced by "and" and the following subparagraph (c)), which
added:
"(c)) the European fund long-term investments."
18. in section 102 paragraph. 3 the words "does not guarantee" is replaced by "do not match
the creditors ".
19. in paragraph 102, the following paragraph 4 is added:
"(4) the claims of the corresponding debt in the capital investment fund will meet from
assets in the mutual fund. ".
20. In paragraph 105, the words "necessary to identify the owner" shall be replaced by
"the owner of" and the words "necessary to identify translates into higher"
shall be replaced by "obhospodařovateli".
21. in § 109 paragraph. 2 the first sentence after the word "account" shall be replaced
"stakeholder."
22. in section 130 is at the end of the text of paragraph 3, the words ", or until
not provided consideration worth this amount ".
23. in § 134 para. 3 the letter b) the following new subparagraph (c)), and (d)),
are added:
"(c)), whether it has decided that the suspension also applies to units of
the issue or redemption is requested before the time referred to in
subparagraph (e)), and which has not yet occurred to the payment of the consideration for the
purchased, or to the issue of investment certificates,
(d)), whether it is after you restore the issue or sale of investment securities
will proceed in accordance with § 139 paragraph 2. 1 (b). and) or (b)), or as
will do, if the decision referred to in paragraph 2, ".
Subparagraph (c)) and (d)) shall become points (e) and (f))).
24. In article 135 paragraph. 1 the first sentence, the words "the decision translates into higher
This fund referred to in § 134 para. 3 "shall be replaced by" pursuant to § 134
paragraph. 3 (b). (e)) "and the second sentence shall be deleted.
25. In paragraph 135, paragraph 2 reads as follows:
"(2) from the date referred to in the minutes pursuant to § 134 para. 3 (b). e) cannot be
until the date of renewal or surrender of investment certificates issuance pursuant to section
141, issue or purchase a participation certificate of this Fund, with the exception of
investment securities, for which the issue or redemption is requested before
the time referred to in the minutes pursuant to § 134 para. 3 (b). (e)) and for which the
Yet there was no issue, or to the payment of the consideration for the
purchase. This exception shall not apply in the case that obhospodařovatel
held that the decision to suspend the extradition or surrender
also apply to these units. "
26. section 139:
"§ 139
(1) if the renewed the issue or sale of investment securities under section
141 (a). and), then the administrator
and) without undue delay after the date referred to in section 141 (a). and release and)
the redemption of all investment securities whose issuance or redemption was
applied for and for which there has been no payment of the consideration for the redemption or to
the issue of investment certificates, the amount that is equal to the current
the value specified on the date of submission of the application, or
(b)) to the applications for the issue or redemption of investment certificates, for which there was no
to be paid in consideration for the redemption or to the issue of investment certificates,
not taken into account and the person to whom such a request without undue
delay after the date referred to in section 141 (a). and inviting their) request
again, if their interest.
(2) Lift the Czech National Bank decision to suspend the issuance of
or sale of investment securities, then the Administrator without undue
delay after the date referred to in section 141 (a). (b) the issue and redemption) will ensure all
investment securities, for which the issue or redemption and asked the holders
for which there has been no payment of the consideration for the redemption or to release
investment securities, the amount that is equal to the current
the value specified by the date of submission of the application.
(3) if the renewed the issue or sale of securities or
book-entry securities issued by managing the Fund, then the
progresses in the manner specified in the minutes pursuant to § 134 para. 3 (b). d).".
27. in § 140 para. 1 at the end of the text of the letter b), the words "and
If they were not paid in consideration for the redemption ".
28. In article 154 para. 1 the words "the internal structure of the one-tier and"
shall be deleted.
29. in paragraph 154, at the end of the text of paragraph 1, the words "which can
be replaced by the abbreviation ' SICAV '. "
30. In paragraph 155, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the amount of registered capital joint-stock company with
variable capital is at least $1 or € 1; the provisions of §
246 paragraph. 2 of the Act governing the legal relations of the companies and
cooperatives, for the capital of a public limited company with variable
share capital shall not apply. ".
31. in § 156 para. 1 the letter g) is added:
"(g)) to determine the lower and upper bounds of the range of the capital, in which
the company publishes and repurchase the investment shares, and ".
32. In section 156, the following paragraph 3 is added:
"(3) for the joint-stock company with variable capital is
do not apply the provisions of the law governing legal relations of business
companies and cooperatives on the indication of the number of shares and the total number of votes in the
articles of Association of the company. ".
33. In section 158 paragraph 2. 1 the words "and, if it does not follow from this law something else
(article 167, paragraph 1), represent the same shares in the capital of
the company "shall be deleted.
34. In section 162 para. 1 at the end of the text of the first sentence, the words ",
or a sub-fund to which was released ".
35. In paragraph 163, the following paragraph 4 is added:
"(4) in the case of reaching the lower or upper limit of the range referred to in §
paragraph 156. 1 (b). (d)) obhospodařovatel investment fund that is
joint-stock company with variable capital, it shall without
undue delay effective measures to remedy the situation, or decide to
the cancellation of the Fund. An effective measure can be the decision to suspend
the issuance and sale of investment shares with the understanding that paragraph 3 and § 131
up to 140 shall apply mutatis mutandis. ";"
36. Over the designation of § 164 shall be inserted before the heading "Equity joint-stock company
not creating compartments ".
37. § 164:
"§ 164
(1) joint-stock company with variable capital, which does not create
sub-funds, accounting and related assets and debts of the separates its investment
activities from its other assets.
(2) to the satisfaction of the claim of the creditor or shareholder in the joint-stock
company with variable capital not creating compartments,
in connection with its investment activities, you can use the
only the assets of the investment activities. The assets of the investment activity
This company cannot be used to satisfy the debt, that is not a debt of
its investment activities.
(3) the rights of a shareholder to participate in the profits and proceeds of liquidation,
as well as other proprietary rights associated with the shares of the joint stock investment
company with variable capital, which does not create compartments,
apply only to the assets and debts of the investment activities of the
the company. This is without prejudice to such a company has issued various types of
investment shares under the conditions provided for by the law governing the legal
ratios of commercial companies and cooperatives ".
38. in paragraph 164, the following section is inserted: 164a
"§ 164a
Joint-stock company with variable capital, which has not yet
sub-funds, may not create the property and debts of its investment activities
create one or more sub-funds, concede if its statutes of their
creating. ".
39. Under section 165, the following title "Property of the joint stock company that creates
sub-funds ".
40. In paragraph 165, at the end of paragraph 1, the following sentence "on property
circumstances of the Sub-fund, as well as about other facts, keep accounts
so as to enable the preparation of financial statements for each
the Sub-fund. ".
41. In article 165, paragraph 4 reads:
"(4) to the satisfaction of the claim of the creditor or shareholder in the joint-stock
company with variable capital-generating compartments, which
was established in connection with its investment activities in the context of a particular
the Sub-fund, can only be used in this sub-Fund's assets. In the Sub-Fund's assets
cannot be used to satisfy the debt, the debt that is not of the same sub-fund. ".
42. In paragraph 167 paragraph. 3 the words "the data required to identify" are replaced by
the word "mark".
43. In paragraph 168, the words "necessary to identify the owner, the information
the joint-stock company with variable capital information needed to
identification of the subfund of the investment fund "shall be replaced by" on the
owner, the designation of the Sub-fund and the details of the investment fund, the
The subfund is ".
44. In paragraph 169 of paragraph 1. 1 the second sentence, the words "as a separate part, with
the data presented in this section can be replaced by a reference to other parts of the Statute
or its annexes ' shall be replaced by "if it does not reduce the clarity of the
the Statute for investors. "
45. In section 171 paragraph 2. 4, the second sentence is replaced by the phrase "in the commercial
Register for a limited partnership investment leaves not recorded
information about the komanditistech. ".
46. section 188 is repealed.
47. In article 191, the following paragraph 6 is added:
"(6) Capital capital of the subfund shall for the purposes of this Act, the
the value of the assets of a sub-fund in less value in the Sub-Fund's debt. ".
48. In paragraph 204, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) For an investment fund, that is the European Fund of long-term
the investment, to a legal entity, which is to become the European Fund
long-term investments, with the provisions of this Act or other legal
the regulation shall apply in so far as it permits the directly applicable
the European Union's regulation governing the European funds of long-term
investment ^ 18). ".
49. In paragraph 208, after paragraph 1, insert a new paragraph 2 is added:
"(2) where the amount the average amount of the funded capital fund of collective
investing for the past 6 months the amounts referred to in paragraph 1, the
obhospodařovatel shall adopt without delay effective measures to
redress, or decide to cancel a collective pool
investing. ".
The former paragraph 2 becomes paragraph 3.
50. in paragraph 208 of paragraph 1. 3, after the words "joint-stock company," the words
"and order its liquidation".
51. In paragraph 215 paragraph. 1 and § 284 paragraph 1. 1 letter h) is added:
"(h)), the rules for calculating the total exposure of the Fund under the liability
method, the method the gross asset value, the method of measurement values at risk,
with a resolution according to the model of absolute and relative risk values
risk values, or other advanced risk measurement, and method ".
52. In section 241 para. 1 (b). u) with the number "1" is replaced by "2".
53. In paragraph 247, after paragraph 1 the following paragraph 2 is added:
"(2) in the case of standard Fund, which is a child of the Fund may be
managing the Fund only standard or comparable foreign Fund
Investment Fund ".
The former paragraph 2 becomes paragraph 3.
54. In section 272 para. 1 introductory part of the provisions, the words "valuable Participating
securities issued by the Fund of qualified investors or participation "shall be replaced by
the word "share" and the word "acquired" shall be replaced by the word "acquired".
55. In section 272 para. 1 (b). (h)), after the words "investment fund"
the words "or to a foreign investment fund".
56. In section 272 para. 1 letter i) reads as follows:
"i) the person who made the statement to the effect that it is aware of the risks
associated with investing in this Fund of qualified investors and
the amount of the deposit or paid-up investment contributed to this Fund
corresponds to the amount of at least
1.125 000 euros, or
2. the 1 000 000 Eur, if the administrator of the Fund of qualified
investors, or a person authorized by, declare in writing that is based on
information obtained from investing people as in the provision of
the main investment services referred to in section 4, paragraph 4. 2 (a). d) or (e)) of the Act
on capital market reasonably believes that this investment
corresponds to the financial facilities, investment objectives and expertise and
experience in the field of investments the investing people. ".
57. In section 272 para. 2, the second sentence is replaced by the phrase "restrictions under
paragraph 1 shall not apply to the head of the person of the Fund
qualified investors and the founding shares. ".
58. In section 272 para. 3 the words "the securities issued by the Fund
qualified investors or participation "shall be replaced by the word" share ".
59. In paragraph 273 of paragraph 1. 1, the word "or" is replaced by a comma and at the end of the text
paragraph 1, the words "or the European Fund of long-term
investment ".
60. In paragraph 273, the following paragraph 4 is added:
"(4) the Court, on a proposal from the Czech National Bank or of the person who has the
legitimate interest, to cancel the Fund of qualified investors, which is
the European fund long-term investments, and order its liquidation,
If the participant does not meet the, founder, partner or silent partner
in the case of the Trust Fund, and also the one who increased his assets
the Treaty, a prerequisite required in accordance with article 30, paragraph 1. 3 of regulation
The European Parliament and of the Council (EU) 2015/760. Before you decide to provide
the Court Fund of qualified investors an appropriate time limit to the alternative
remedies. ".
61. In paragraph 275, the following paragraph 5 is added:
"(5) for the Fund for qualified investors with § 150 of paragraph 1. 1 and section 344 paragraph.
1 the law governing legal relations of commercial companies and cooperatives
not apply. ".
62. In § 278 paragraph. 2 the first sentence with a semicolon replaced with a comma.
63. In paragraph 282, the following new paragraph 1, which reads as follows:
' (1) is less than the average amount of the funded capital fund
qualified investors for the past 6 months the amounts referred to in paragraph
280 or 281, its obhospodařovatel shall adopt, without undue delay
effective measures to remedy the situation, or decide to cancel Fund
qualified investors. ".
The present text becomes paragraph 2.
64. In section 282 paragraph 1. 2, after the words "the Fund for qualified investors"
the words "legal personality".
65. In paragraph 298, the following paragraph 3 is added:
"(3) the European Investment Fund Offering long-term investment
defines the directly applicable European Union governing the regulation of the European
long-term investment funds ^ 18). ".
66. In paragraph 357, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) For the purposes of paragraph 1 and article 374 does not include commercial plant assets and
debt investment activity. ".
67. In paragraph 367 of paragraph 1. 2, after the word "Fund" the words "changes
business name so that it is in accordance with the requirement under § 154 para.
1. "
68. In paragraph 367, the following paragraph 3 is added:
"(3) the legal effects of conversion referred to in paragraph 1 occur on registration
company complying with the requirements of § 154 para. 1 in the commercial
Register. ".
69. In article 381, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) other conversion of a mutual fund than those that are listed in the
paragraph 1, are not allowed. ".
70. In article 455, the following paragraph 4 is added:
"(4) a part of the annual report or the consolidated annual report referred to in
paragraph 1, the accounts or the consolidated accounts of a certified
Auditor. ".
71. In section 480 paragraph 2. 1 introductory part of the provisions, the words "or at the request of
a legal person entered in the list maintained by the Czech National Bank pursuant to §
596 (a). (f)) "shall be deleted.
72. In section 480 paragraph 2. 1 (b). (c)), the word "other" is replaced by "other
the person ".
73. In section 480 paragraph 2. 1 (b). (d)), the word "and" shall be replaced by a comma at the end of
subparagraph (e)), replaced with a comma and the following points (f) and (g))),
are added:
"(f)) are satisfied the prerequisites provided in § 248 paragraph. 1 if it is to be
a child of the investment fund, or
g) are fulfilled in accordance with articles 5 and 6 of the regulation of the European
Parliament and of the Council (EU) 2015/760, is to be the European Fund
long-term investments. "
74. In section 480 paragraph 2 reads as follows:
"(2) the Czech National Bank has granted permission to the activities of the Government
Investment Fund referred to in paragraph 1 whether or not at the request of a legal person
entered in the list maintained by the Czech National Bank pursuant to § 596 (a). (f)),
If it is to be a Fund for qualified investors. ".
75. In section 486 of paragraph 1. 1 (b). (b)), after the words "qualified investors"
the words "European Fund for long-term investment,".
76. In section 505, "511" the words ", 512a".
77. In the thirteenth, behind X insert a new title XI, including
Title:
"TITLE XI
WRITE THE EUROPEAN FUND LONG-TERM INVESTMENTS AND INFORMATION ON THE SUB-
THE EUROPEAN FUND LONG-TERM INVESTMENT
§ 512a
(1) the Czech National Bank entered in a list of investment funds under section
(a) 597. a), b) or (c)) the European fund long-term investment as Fund
qualified investors at the request of its translates into higher, if they are
fulfilled in accordance with articles 5 and 6 of the regulation of the European Parliament and of the
The Council (EU) 2015/760.
(2) the Czech National Bank entered in a list of investment funds under section
(a) 597. a) or b) details of the Sub-Fund's long-term
at the request of his investment translates into higher, the prerequisites are met.
in accordance with articles 5 and 6 of the regulation of the European Parliament and of the Council (EU) 2015/760.
§ 512b
(1) the Czech National Bank at the same time with the entry of the European Fund
long-term investments to the list of investment funds under section 597 (f).
a), b) or (c)) shall decide on the approval of the depositary and translates into higher,
of the Statute of the Fund.
(2) the Czech National Bank for the minutes of the European Fund of long-term
investment in the list under section 597 (f). a), b) or (c)) and writing of data on
his sub-European fund long-term investment within 2 months from the date
the date of submission of the application for registration of the design, which has the prescribed particulars
and neither does not suffer from other disabilities. ".
The existing title XI to XIX are referred to as title XII-XX.
78. in the section for the letter n 539) the following point o) is added:
"about to publish information about it), what is the nature of the infringement, and
identify the person who acted in this way, including the identification of the person
that act as a legal person ".
Letters about) and p) are known as the letters p and q)).
79. In § 599 of paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1 (b). (j)), k), (l)), m), (n)), or
about), paragraphs 3, 4 or 5 shall be imposed to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
80. in § 599, the following paragraphs 7 and 8 shall be added:
"(7) for the administrative offence referred to in paragraph 1 (b). a), b), c), (d)), e), (f)),
g), (h)) or i) or paragraph 2 are imposed to
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(8) For administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
81. In section 600 of paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1 (b). (b)), or (d)), paragraph 2,
3, 4 or 5 shall be imposed to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
82. the following shall be added in section 600 paragraphs 7 and 8 shall be added:
"(7) for the administrative offence referred to in paragraph 1 (b). and) or c) is saved
fine to
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(8) For administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
83. In § 601 of paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1 or 2 of paragraph 3 (b). (b))
or (c)), paragraph 4 or 5 shall be imposed to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
84. In § 601 the following paragraphs 7 and 8 shall be added:
"(7) for the administrative offence referred to in paragraph 3 (b). and) saves a penalty to
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(8) For administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
85. In section 602, paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 2, 3, 4 or 5 shall be imposed to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
86. In section 602 shall be added to paragraph 7 and 8 are added:
"(7) for the administrative offence referred to in paragraph 1 shall be imposed to
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(8) For administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
87. In paragraph 603 of paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1, 2, 4 or 5 shall be imposed to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
88. In section 603 shall be added to paragraph 7 and 8 are added:
"(7) for the administrative offence referred to in paragraph 3 shall be imposed to
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(8) For administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
89. In section 604 paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1 (b). k), l) or (m)), paragraph
2, 3, 4 or 5 shall be imposed to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
90. the following shall be added in section 604 paragraphs 7 and 8 shall be added:
"(7) for the administrative offence referred to in paragraph 1 (b). a), b), c), (d)), e), (f)),
g), (h)), i) or (j)) is imposed in the
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(8) For administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
91. In paragraph 605 of paragraph 1. 6, § 606 paragraph. 6, § 607 para. 6, § 608 para. 5, § 609
paragraph. 3, § 610 paragraph. 5, § 611 paragraph. 5, § 612 para. 6, § 613 para. 4, §
paragraph 615. 6 and in paragraph 617 para. 2, the amount "Eur 10 000 000" and dot are deleted
and the following letters) to c), which read as follows:
"and $150 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
92. In paragraph 605 to 607, 612 and 615 in the section, the following paragraph 7 is added:
"(7) for the administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
93. In paragraph 608, 610 and 611 in the section, the following paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1, 2, 3 or 4 can be used instead of fines
together with a fine, or to order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
94. In section 609, the following paragraph 4 is added:
"(4) for the administrative offence under paragraphs 1 or 2 may be instead of a fine or
together with a fine, order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
95. In paragraph 613, the following paragraph 5 is added:
"(5) for the administrative offence referred to in paragraph 1, 2 or 3 can be used instead of fines
together with a fine, or to order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
96. In section paragraph 614. 1, the following point (d)) the following point (e)), which read as follows:
"(e)) will offer an investment in the Fund of qualified investors in violation of §
272 para. 1 or 4, article 6 of the regulation of the European Parliament and of the Council
(EC) no 345/2013, article 6 of the regulation of the European Parliament and of the Council (EU)
No 346/2013 or article 30 paragraph 2. 3 regulation of the European Parliament and of the
The Council (EU) 2015/760 or without compliance with the requirements referred to in article 28
paragraph. 2 or article 30 paragraph 2. 1 regulation of the European Parliament and of the Council
(EU) 2015/760, ".
Subparagraph (e)) to (n)) shall become letters (f)) up to).
97. In section 614 paragraph. 1 (b). about), § 618 paragraph. 1 (b). about) and in section 636 para. 1
"" EuSEF "" the words "," ELTIF "," European Fund
"long-term investment".
98. In section 614, paragraph 6 is added:
"(6) for the administrative offence referred to in paragraph 1, 2, 3, 4 or 5 shall be imposed
to
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
99. In section 614, the following paragraph 7 is added:
"(7) for the administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine
and publication of information) required about what is the nature of the infringement
negotiations and that the person so acted, or
(b)) save instead of the publication of the information referred to in point (a)
and) or together with the publication of the information referred to in subparagraph (a)), the prohibition of activities,
up to a period of 5 years, in the case of an administrative offence referred to in paragraph 1 (b).
(b)) or i). ".
100. In section 616, paragraph 5 is added:
"(5) for the administrative offence referred to in paragraph 1, 2 or 3 or paragraph 4 (b).
a) or b) is imposed in the
150 000 000 Eur),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 150 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
101. In section 616, the following paragraphs 6 and 7 are added:
"(6) for the administrative offence referred to in paragraph 4 (b). c) or (d)) is saved
fine to
and $300 000 000),
b) 10% of the total annual turnover of the legal person under its
the last proper accounts or the consolidated accounts,
If so determined exceeds the amount of the fine the amount of Czk 300 000 000, or
c) above twice the advantage obtained by committing to this
the administrative offense, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(7) for the administrative offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of
together with a fine or a fine to order the publication of the information about what is
nature of the infringement and that the person so acted. ".
102. In paragraph 617, the following paragraph 3 is added:
"(3) for the administrative offence referred to in paragraph 1 may be instead of a fine or together
with a fine, order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
103. In § 618 paragraph. 1, the following point (d)) the following point (e)), which
added:
"(e)) will offer an investment in the Fund of qualified investors in violation of §
272 para. 1 or 4, article 6 of the regulation of the European Parliament and of the Council
(EC) no 345/2013, article 6 of the regulation of the European Parliament and of the Council (EU)
No 346/2013 or article 30 paragraph 2. 3 regulation of the European Parliament and of the
The Council (EU) 2015/760 or without compliance with the requirements referred to in article 28
paragraph. 2 or article 30 paragraph 2. 1 regulation of the European Parliament and of the Council
(EU) 2015/760, ".
Subparagraph (e)) to (n)) shall become letters (f)) up to).
104. In paragraph 618 paragraph 6 is added:
"(6) for the offence referred to in paragraph 1, 2, 3, 4, or 5, you can impose a fine of up to
150 000 000 Eur), or
(b) twice the amount of the unlawful benefit) obtained by committing to this
offence, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
105. In § 618, the following paragraph 7 is added:
"(7) for the offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of fines
or together with a fine
and publication of information) required about what is the nature of the infringement
negotiations and that the person so acted, or
(b)) save instead of the publication of the information referred to in subparagraph (a)) or together with the
publication of the information referred to in subparagraph (a)), the prohibition of activities, up to the time
5 years if the offence referred to in paragraph 1 (b). (b)) or i). ".
106. In paragraph 619 of paragraph 1. 6 and in § 621 of paragraph 1. 2, the amount "Eur 5 000 000" and dot
be deleted and the following letters and) and (b)), which read as follows:
"and $150 000 000), or
(b) twice the amount of the unlawful benefit) obtained by committing to this
offence, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
107. In paragraph 619, the following paragraph 7 is added:
"(7) for the offence referred to in paragraph 1, 2, 3, 4 or 5 can be used instead of fines
together with a fine, or to order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
108. In § 620 paragraph 5 is added:
"(5) for the offence referred to in paragraph 1, 2, 3 or paragraph 4 (b). and) or
(b)), fined the
150 000 000 Eur), or
(b) twice the amount of the unlawful benefit) obtained by committing to this
offence, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount of the fine the amount of Czk 150 000 000. ".
109. In article 620 shall be added to paragraph 6 and 7 are added:
"(6) for the offence referred to in paragraph 4 (b). c) or (d)), fined the
and $300 000 000), or
(b) twice the amount of the unlawful benefit) obtained by committing to this
offence, if it is possible to determine the amount of the advantage, and
If so determined exceeds the amount a sum of 300 000 000 CZK.
(7) for the offence referred to in paragraph 1, 2, 3 or 4 can be used instead of a fine or
together with a fine, order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
110. In § 621, the following paragraph 3 is added:
"(3) for the offence referred to in paragraph 1 can be used instead of or along with the fine
a fine, order the publication of the information about it, what is the nature of the
the infringement and that the person so acted. ".
111. under § 622 sixteenth section before the label is added to § 622a,
which reads as follows:
"§ 622a
(1) if the Czech National Bank a penalty under this Act of
in the publication of the information about this regulation, what is the nature of the infringement
negotiations and that the person so acting shall be determined by the decision on the imposition of such
penalties
and the type of media outlet) in which this is to be
information made public,
(b)) information that you want the content to be published, and
(c)), the time limit within which the information is to be published.
(2) the sanctions the publication of information referred to in paragraph 1 is that the
the person that this sanction was imposed, leave at his own expense to publish
the information referred to in paragraph 1 (b). (b)) in the kind of public media
the resource specified pursuant to paragraph 1. and) within the time limit referred to in paragraph 1
(a). (c)), stating your name, or the name and domicile.
Information allowing identification of the natural or legal person who is the
different from the person that was the penalty imposed, and from the Czech National Bank,
referred to in the information must be released before the publication
anonymized. ".
112. Footnote 17 reads:
"17) directive of the European Parliament and of the Council 91/EU of 22.
July 2014, amending Directive 2009/65/EC on the coordination of laws,
and administrative provisions relating to undertakings for collective investment in
transferable securities (UCITS), as regards the activity of depositary,
remuneration policies and sanctions. "
113. In section 665 of paragraph 1. 2 and in section 665 of paragraph 1. 3 of the introductory part of the provisions of the words
"the first day of the twelfth month following the date on
that "shall be replaced by" the date indicated ".
114. In section 665 of paragraph 1. 2 the second sentence, the words ' as from the date referred to in the communication
referred to in paragraph 1 "shall be replaced by" before ".
115. In section 665 of paragraph 1. 4, the words "the last day of the eleventh calendar
month following the date referred to "be replaced by" the date of
preceding the date referred to ".
Čl.VI
Transitional provisions
1. Investment Fund, which is a joint-stock company with basic variables
capital and that originated before the date of entry into force of this Act,
their ratios in accordance with the law No. 240/2013 Coll., as amended by
effective from the date of entry into force of this law, within 12 months from the date of
entry into force of this Act.
2. Upon the motion of the Czech National Bank or whoever a legitimate
interest, cancels investment fund in accordance with point 1, which indicates their ratios to
accordance with the law No. 240/2013 Coll., in the version in force from the date of acquisition
the effectiveness of this law, within the time limit laid down in paragraph 1 and shall order its
liquidation. Before the decision, the Court shall provide the investment fund
reasonable period of time to rectify the situation.
3. Depozitářská contract shall be recorded in accordance with § 70 para. 2 of law No.
240/2013 Coll., in the version in force from the date of entry into force of this Act,
18 May 2001. March 2016.
PART FOUR
Amendment of the Act on administrative fees
Article. (VII)
Appendix to Act No. 634/2004 Coll., on administrative fees, as amended by
Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.
Act No. 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.
Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.
Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.
Act No. 130/2006 Coll., Act No. 136/2006 Coll., Act No. 138/2006 Coll.
Act No. 161/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.
Act No. 215/2006 Coll., Act No. 226/2006 Coll., Act No. 227/2006 Coll.
Act No. 235/2006 Coll., Act No. 312/2006 Coll., Act No. 575/2006 Coll.
Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No. 269/2007 Coll.
Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.
Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.
Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.
Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act No. 297/2008 Coll.
Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No. 312/2008 Coll.
Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No. 141/2009 Coll.
Act No. 197/2009 Coll., Act No. 206/2009 Coll., Act No. 227/2009 Coll.
Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No. 301/2009 Coll.
Act No. 346/2009 Coll., Act No. 420/2009 Coll., Act No. 132/2010 Coll.
Act No. 148/2010 Coll., Act No. 153/2010 Coll., Act No. 160/2010 Coll.
Act No. 343/2010 Coll., Act No. 427/2010 Coll., Act No. 30/2011 Coll.
Act No. 105/2011 Coll., Act No. 133/2011 Coll., Act No. 134/2011 Coll.
Act No. 152/2011 Coll., Act No. 188/2011 Coll., Act No. 245/2011 Coll.
Act No. 249/2011 Coll., Act No. 255/2011 Coll., Act No. 262/2011 Coll.
Act No. 300/2011 Coll., Act No. 308/2011 Coll., Act No. 329/2011 Coll.
Act No. 344/2011 Coll., Act No. 349/2011 Coll., Act No. 350/2011 Coll.
Act No. 357/2011 Coll., Act No. 375/2011 Coll., Act No. 428/2011 Coll.
Act No. 458/2011 Coll., Act No. 472/2011 Coll., Act No. 19/2012 Coll.
Act No. 37/2012 Coll., Act No. 53/2012 Coll., Act No. 119/2012 Coll.
Act No. 169/2012 Coll., Act No. 172/2012 Coll., Act No. 202/2012 Coll.
Act No. 221/2012 Coll., Act No. 225/2012 Coll., Act No. 274/2012 Coll.
Act No. 350/2012 Coll., Act No. 359/2012 Coll., Act No. 399/2012 Coll.
Act No. 407/2012 Coll., Act No. 428/2012 Coll., Act No. 496/2012 Coll.
Act No. 502/2012 Coll., Act No. 503/2012 Coll., Act No. 50/2013 Coll.
Act No. 69/2013 Coll., Act No. 102/2013 Coll., Act No. 170/2013 Coll.
Act No. 185/2013 Coll., Act No. 186/2013 Coll., Act No. 232/2013 Coll.
Act No. 239/2013 Coll., Act No. 241/2013 Coll., Act No. 257/2013 Coll.
Act No. 273/2013 Coll., Act No. 279/2013 Coll., Act No. 281/2013 Coll.
Act No. 306/2013 Coll., Act No. 313/2013 Coll., legal measures
The Senate No. 344/2013 Coll., Act No. 101/2014 Coll., Act No. 127/2014,
Act No. 187/2014 Coll., Act No. 249/2014 Coll., Act No. 257/2014 Coll.
Act No. 259/2014 Coll., Act No. 264/2014 Coll., Act No. 268/2014 Coll.
Act No. 331/2014 Coll., Act No. 81/2015 Coll., Act No. 103/2015 Coll.
Act No. 204/2015 Coll., Act No. 206/2015 Coll., Act No. 224/2015 Coll.
Act No. 268/2015 Coll., Act No. 314/2015 Coll. and Act No. 318/2015
Coll., is amended as follows:
1. Under item 65 (2). (c)), item 65 (b), point 5. (g)) and in the
66 paragraph 2 (a). e), the words "organizational unit" shall be replaced by
"the branch".
2. in item 65, point 2, point (e) at the end of the text), the words "with the
finality of settlement ".
3. under point 2 65 k) repealed.
Letters l) up with) are known as letters to) to r).
4. in item 65 (2). k) and (l)), the word "authorization" is deleted.
5. Under item 65 (2). o) and (p)), after the words "comparable with the Fund
qualified investors ", the words" and does not intend to provide
investment services ".
6. in item 65 (b) of section 7. (b)), the word "governing" shall be replaced by
"governing".
7. in paragraph 9 (b) of item 65. (h)), the figure ' 2 000 ' is replaced by ' 20
000 ".
8. under 65 at the end of paragraph 9 shall be added to letter) up to m)
shall be added:
"to permit the performance of) additional activities
amended the investment services
an investment company or a foreign
to the person under section 481 law governing
investment companies and investment
the funds, which is not comparable to the
Government Investment Fund of $35 000
l) for the purposes of the designation of the mutual
and the Trust Fund $10 000
m) to determine whether the Czech Republic is the only
the reference state of foreign persons
under the law governing investment
companies and investment funds Eur 20 000 ".
9. Under item 66 (b), point 1. h) after the word "participation", the words
"investment company".
10. Under item 66 (2)) shall be deleted.
Subparagraph (b))) to (i) shall become letters and) to (h)).
11. Under item 66 at the end of paragraph 2 the following point (i)), which read as follows:
"i) prior consent to the performance of the
a person who is not the head of a person
translates into higher investment fund
or to a foreign investment fund
and effectively direct the business of the
translates into higher or investment
$5,000 to the Fund ".
12. Under item 66 (3) letters and) and (c)) shall be deleted and shall be deleted at the same time
marking (a), (b)).
13. Under item 66 (b), point 5. (b)), the words "investment fund"
replaced by the words "collective investment fund with legal personality or
the transfer of assets to the partnership, which is to this Fund, ".
14. Under item 66 (f) of point 5) repealed.
Subparagraph g) and (h)) shall become points (f) and (g))).
15. Under item 66 (b) of section 7. f) and (g)), after the word "funds"
the words "or transformed funds".
16. under paragraph 7 of 66 points (h) and (i))) shall be deleted.
17. Under item 66 (b) of point 8. e), the words "pension fund" shall be replaced by
the words "transformed the Fund".
18. Under item 66, point 8, letter k) and (l)) shall be deleted.
19. Under item 66 at the end of paragraph 9 the following letter q) is added:
"q) to assess the comparability of foreign
Investment Fund and a special fund of £ 5,000 ".
Article. (VIII)
Transitional provision
If the subject of the proceedings initiated before the date of the acquisition fee
of this Act, a fee according to the existing legal
regulations, even in cases where the fee becomes due after the date of
entry into force of this Act.
PART FIVE
Amendment of the Act on income taxes
Article. (IX)
Act 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., Act No. 96/1993 Coll., Act No. 157/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 259/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998
Coll., Act No. 168/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999
Coll., Act No. 225/1999 Coll., Constitutional Court, declared under no.
3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.
72/2000 Coll., Act No. 100/2000 Coll., Act No. 103/2000 Coll., Act No.
121/2000 Coll., Act No. 132/2000 Coll., Act No. 241/2000 Coll., Act No.
340/2000 Coll., Act No. 492/2000 Coll., Act No. 117/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 453/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
308/2002 Coll., Act No. 575/2002 Coll., Act No. 162/2003 Coll., Act No.
362/2003 Coll., Act No. 438/2003 Coll., Act No. 19/2004 Coll., Act No.
47/2004 Coll., Act No. 49/2004 Coll., Act No. 257/2004 Coll., Act No.
280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.
436/2004 Coll., Act No. 562/2004 Coll., Act No. 628/2004 Coll., Act No.
669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 342/2005 Coll., Act No. 357/2005 Coll., Act No.
441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.
552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.
189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.
245/2006 Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll., Act No.
29/2007 Coll., Act No. 67/2007 Coll., Act No. 159/2007 Coll., Act No.
261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No.
126/2008 Coll., Act No. 306/2008 Coll., Act No. 482/2008 Coll., Act No.
2/2009 Coll., Act No. 87/2009 Coll., Act No. 216/2009 Coll., Act No.
221/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
289/2009 Coll., Act No. 303/2009 Coll., Act No. 304/2009 Coll., Act No.
326/2009 Coll., Act No. 362/2009 Coll., Act No. 199/2010 Coll., Act No.
346/2010 Coll., Act No. 348/2010 Coll., Act No. 73/2011 Coll., the award
The Constitutional Court declared under no. 119/2011 Coll., Act No. 188/2011
Coll., Act No. 329/2011 Coll., Act No. 353/2011 Coll., Act No. 355/2011
Coll., Act No. 370/2011 Coll., Act No. 375/2011 Coll., Act No. 420/2011
Coll., Act No. 428/2011 Coll., Act No. 458/2011 Coll., Act No. 466/2011
Coll., Act No. 470/2011 Coll., Act No. 192/2012 Coll., Act No. 399/2012
Coll., Act No. 401/2012 Coll., Act No. 403/2012 Coll., Act No. 428/2012
Coll., Act No. 500/2012 Coll., Act No. 503/2012 Coll., Act No. 44/2013
Coll., Act No. 80/2013 Coll., Act No. 105/2013 Coll., Act No. 160/2013
Coll., Act No. 215/2013 Coll., Act No. 241/2013 Coll., legal measures
The Senate No. 344/2013 Coll., Constitutional Court, declared under no.
162/2014 Coll., Act No. 247/2014 Coll., Act No. 267/2014 Coll., Act No.
332/2014 Coll., Act No. 84/2015 Coll., Act No. 127/2015 Coll., Act No.
221/2015 Coll., Act No. 375/2015 Coll., Act No. 377/2015 Coll. and act
No. 47/2016 Coll., is amended as follows:
1. In section 17b para. 1 (b). a), the words ' or units ' shall be deleted.
2. In section 17b para. 1 (b). (b)), the word "open" is deleted.
Article. X
Transitional provision
The provisions of § 17b para. 1 (b). b) of Act No. 586/1992 Coll., as amended by
effective from the date of entry into force of this law, can be used for
tax year beginning in 2015 and 2016.
PART SIX
The EFFECTIVENESS of the
Article. XI
This Act shall take effect on the 15th day following its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
