21/1992.
LAW
of 20 December. December 1991
about banks
Change: 264/1992 Sb.
Change: 292/1993 Coll.
Change: 156/1994 Coll.
Change: 83/1995 Coll., 84/1995 Sb.
Change: 61/1996 Coll.
Change: 306/1997.
Change: 16/1998 Coll.
Change: 127/1998 Coll.
Change: 165/1998 Coll.
Change: 120/2001 Sb.
Change: 239/2001 Sb.
Change: 319/2001 Sb.
Change: 126/2002 Sb.
Change: 453/2003 Coll.
Change: 126/2002 Coll. (part), 257/2004 Coll.
Change: 439/2004 Sb.
Change: 377/2005 Sb.
Change: 413/2005 Sb.
Change: 56/2006 Coll., 62/2006 Sb.
Change: 57/2006 Coll., 70/2006 Sb.
Change: 443/2006 Coll. (Selected provisions of the novel)
Change: 159/2006 Sb.
Change: 37/2007 Sb.
Change: 120/2007 Sb.
Change: 296/2007 Sb.
Change: 216/2008 Sb.
Change: 126/2008 Coll., 230/2008 Sb.
Change: 254/2008 Sb.
Change: 433/2008 Sb.
Change: 189/2006 Sb.
Change: 215/2009 Sb.
Change: 230/2009 Sb.
Change: 287/2009 Sb.
Change: 285/2009 Sb.
Change: 156/2010 Sb.
Change: 160/2010 Sb.
Change: 227/2009 Sb.
Change: 156/2010 Coll. (part)
Change: 281/2009 Coll., 409/2010 Sb.
Change: 41/2011 Sb.
Change: 73/2011 Sb.
Change: 139/2011 Sb.
Change: 188/2011 Sb.
Change: 263/2011 Sb.
Change: 41/2011 Coll. (part)
Change: 420/2011 Coll., 470/2011 Sb.
Change: 37/2012 Sb.
Change: 254/2012 Sb.
Change: 428/2011 Coll., 396/2012 Sb.
Change: 227/2013 Sb.
Change: 241/2013 Sb.
Change: 303/2013 Sb.
Change: 135/2014 Sb.
Change: 135/2014 Coll. (part)
Change: 219/2015 Sb.
Change: 220/2015 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
PART THE FIRST
Basic provisions
§ 1
(1) this law incorporates the relevant provisions of the European Union ^ 1),
at the same time builds on the directly applicable European Union ^ 27) and
modifies some of the relations associated with the creation, entrepreneurship and the demise of the
banks established in the territory of the Czech Republic, including their activities outside the
the territory of the Czech Republic, and some relationships connected with the action of
foreign banks in the territory of the Czech Republic. Banks means the equity
the company, based in the Czech Republic, which
and) receive deposits from the public, and
(b)) provide loans,
and that to pursue the activities referred to in points a and b)) have a banking license
(hereinafter referred to as the "license") (§ 4).
(2) for the purposes of this Act, means the
and deposit funds entrusted), which represent a commitment to the
depositor for their payment;
(b)) a loan in any form is temporarily granted funds.
(3) the Bank may, in addition to the activities referred to in paragraph 1 (b). and (b)),)
to carry out these activities, if it is allowed in the license granted by her,
and) investments in securities on own account,
(b)) financial leasing (financial leasing),
(c) payment systems and clearing),
(d)) the issuance and management of means of payment, such as credit cards
and travellers cheques,
(e)), provision of guarantees,
(f) the opening of letters of credit),
g) procurement of collection,
(h) provision of investment services by) a specific legal
code ^ 1b) that is in the license stating that the main investment
services and activities and ancillary investment services, the Bank is entitled to
to provide and in relation to which investment instruments according to the Special
legislation, ^ 1b)
I) financial broking,
(j) the performance of the functions of the depositary)
Foreign Exchange cash activity)
l) providing bank information,
m) trading for own account or for the account of the client with foreign exchange
values that are not investment instrument, and with gold,
n) rental of safety deposit boxes,
about) the implementation of administration and foreign investment funds
investment funds,
p) activities that are directly related to the activities referred to in (a))
until the o) and in paragraph 1.
(4) the Bank shall not carry on any other business activities than those that have
allowed in the license; It does not apply to activities carried out for the other,
If ensuring of its operation and the operation controlled
other banks, credit unions, securities traders
securities, insurance undertakings, reinsurance undertakings, financial institutions, and enterprises
ancillary services. The Bank may carry out the scope of the focal point
public administration, if the holder of the authorization, by a special Act.
(5) if the performance of any of the activities referred to in paragraph 3 need to be
enabling the Czech National Bank according to the laws governing the regulation of
the provision of financial services, and the applicant provides proof of compliance with all the
the conditions laid down for the granting of such authorisation, authorises the Czech
the National Bank's activities in the exercise of this license.
(6) banking activities referred to in paragraph 1 (b). and (b))) and in paragraph 3
can exercise on the territory of the Czech Republic also foreign bank
through its subsidiaries (hereinafter referred to as "the branch of a foreign bank");
Foreign Bank
and) based in a Member State of the European Union or in a State which is
Contracting Party to the agreement on the European economic area (hereinafter referred to as
"Member State"), who enjoys the benefits of a single licence according to the law
The European Union (Section 5a), carries out the following activities through branch
This foreign bank (hereinafter referred to as "branch of the Bank of the Member State"),
(b)), located in other than the Member State carries out the following activities
through a branch of a foreign bank (hereinafter referred to as "branch of the Bank
from other than the Member State "), where she was awarded the Czech national
Bank licence (section 5) and only to the extent granted by the license.
(7) the Licence contains a nominal definition of the allowed activities and may
contain a definition of the scope of the permitted activities, but not in the sense of
limit the number of individual business cases, and it can also contain
the determination of the conditions, which must be a bank or bank branch from other than
Member State to fulfill before any of the approved activities,
where appropriate, is observed in the performance of any of the approved activities.
(8) the legal position of the Czech National Bank regulates the special law. ^ 2)
§ 2
(1) without a licence must not be nobody to receive deposits from the public, if
the special law does not provide otherwise.
(2) acceptance of deposits is considered also the continuing issue of bonds and
other comparable securities, if
and) is the only or one of the main activities of the issuer,
(b) the subject of the business activities of the issuer) is the provision of loans, or
(c) the subject of the business activities of the issuer) is one of the activities
referred to in section 1 (1). 3.
§ 3
(1) the word "Bank", "savings bank" or its translations, or words from them
may use in the derived trade only company legal person, which was
granted, if it is not apparent from the context in which the word
"the Bank" or "society" is used, that this person is not engaged in the activities of the
referred to in section 1 (1). 1.
(2) the provisions of paragraph 1 shall not apply to persons whose business
company or name are introduced or recognised by law or on the basis of the
the international treaty, which was approved by the Parliament, ratified and
announced and already the Czech Republic is bound, or on the basis of a similar
the international treaty, which entered into force before 1. in January 1993,
(hereinafter referred to as "international treaty").
(3) the Czech National Bank may require
and the proposed change of trade firm) created the Bank in cases where the
There is a danger of confusion with the trade name of another already existing
a legal person or its affiliates,
(b)) change in designation of the branch of the foreign bank of the Tween
the distinguishing of the appendix in the cases when there is risk of confusion with the
business by other already existing legal persons, or with the designation
its branches.
section 3a
The Czech National Bank shall exercise the functions of the competent authority and is at the same time
the designated authority in accordance with regulation directly applicable in the European Union
governing the prudential requirements ^ 27).
PART THE SECOND
LICENSE
§ 4
(1) an application for a license shall be presented to the Czech National Bank. The minimum amount of
the Bank's capital amounts to Czk 500 0000 0000 and at least this amount of
deposits must be made up of a part.
(2) the grant of a license shall be decided by the Czech National Bank.
(3) before issuing a decision on the licence application asks the Czech national
Bank about the opinion of the supervisory authority of the Member State exercising supervision
over banks, traders in securities or insurance, if it is
the person to be granted a license, the controlled
and) foreign bank established in a Member State,
(b)) a person who has permission of the competent supervisory authority of the Member State
to the provision of investment services,
(c)) an insurance undertaking authorised by the competent supervisory authority Member
the State,
(d)) a person that controls the person referred to in subparagraphs (a) and (b))), or (c)).
(4) the Czech National Bank will ask for the opinion referred to in paragraph 3
include in particular information relevant for the assessment of whether the fulfilment of
the conditions referred to in paragraph 5 (a). (d)), and (e)).
(5) for the grant of a license, the following conditions must be met:
and transparent and sound) the origin of the capital and other financial
the resources of the Bank, their sufficiency and matching song
(b)) the repayment of the capital in full,
(c)) the credibility and competence of the person to whom the licence is to be
granted,
(d)) the credibility and competence of persons with a qualified participation (section 17a
paragraph. 4) on the Bank or, if no such person, the 20 largest shareholders
the Bank according to the proportion of the voting rights to the exercise of the rights of a shareholder in the
the business of the Bank,
(e)), the competence and credibility of the experience of the members of the statutory
authority, the members of the Management Board and the Supervisory Board of the Bank and meet other
requests to the authorities, banks and their members under section 8,
(f)) of the technical and organizational conditions for the performance of the proposed activities
the Bank, operational management and control system of the Bank
g) business plan based on the strategy proposed activities of the Bank
underpinned by real economic kalkulacemi,
h) transparency of the Group of persons with close links with the Bank,
I) close links within the groups referred to in subparagraph (h)) does not prevent the exercise of the
banking supervision,
(j)) in the State on whose territory the group referred to in subparagraph (h)) close links,
they are not legal or de facto barriers to exercise banking supervision,
the registered office of the Bank) must be within the territory of the Czech Republic,
l) the Bank has at least 3 employees or individuals that carry out
their activities under the command of another (hereinafter referred to as "the worker"), who
holding the Executive control function and are members of the statutory
authority or the Management Board.
(6) the close links, for the purposes of this Act, means the close links
According to the article. 4 (4). 1, point 38 of the European Parliament and of the Council (EU)
No 575/2013.
(7) the Czech National Bank is entitled to request a copy of the registration
Criminal records relating to natural persons, who are the founders
the Bank or are designed on a member of the statutory body, Member of the Board
the Council or the Member of the Supervisory Board of the Bank. The person has in the past been
sentenced for the crime of misappropriation or for an offence of which the
the merits of the activities related to the Bank, or for intentional
the offence was committed in connection with the business shall act as the
the statutory authority, Member of the management board or the Supervisory Board of the Bank.
(8) a licence application may only be submitted on the prescribed form, to the
that the applicant shall be accompanied by documents certifying the compliance with the conditions referred to
to in paragraph 5. The pattern of the form and the content of its annexes provides for the Czech national
Bank by Decree.
Section 4a
A license may be granted whether or not at the request of the savings and credit cooperatives,
at the same time, even if the request for consent to the change of the legal form of the savings and
credit cooperatives on the joint-stock company. Of the two applications leads
joint management according to the law governing administrative procedures. The proposal on the
write the changes to the legal form of the savings and credit cooperative joint-stock
the company in the commercial register can be made then, what has
to be able to grant of the licence and consent to the change of the legal form of the savings and
credit cooperatives on the joint-stock company. The legal effects of the grant of license
occur on the date of registration of the changes in the legal form of the savings and credit
cooperative joint-stock company in the commercial register.
§ 5
(1) a foreign bank that proposes to establish a branch within the territory of the Czech
Republic, shall submit an application for a licence of the Czech National Bank.
(2) the Foreign Bank shall submit at the same time as the application for a license expression
the banking supervisory authority of the country of residence of the foreign bank to the intent to establish
the branch in the Czech Republic and its statement that over a branch will be
to exercise banking supervision.
(3) for the grant of the licence referred to in paragraph 1 shall be decided by the Czech National Bank.
(4) for the grant of a licence referred to in paragraph 1 shall be subject to the following
terms and conditions:
and) sufficient volume and transparency, the origin of the financial resources provided by the
foreign bank branch with regard to the scope and level of risk of
the activities of the branch, while the minimum amount provided by the financial resources of the
amounts to 500 0000 0000 CZK
(b)) the credibility of the foreign bank and its sufficient financial strength with a
regard to the scope of the activities of the branch,
(c)) the competence, credibility and experience of the persons proposed to
the management of the branch,
(d)) of the technical and organizational conditions for the performance of the proposed activities
Branch, functional management and control system of the branch
e) business plan based on the strategy proposed activities of the branch
underpinned by real economic kalkulacemi,
f) transparency groups with close links to which the foreign
the Bank,
g) close links within the groups referred to in subparagraph (f)) does not prevent the exercise of the
banking supervision,
(h)) in the State on whose territory the group referred to in subparagraph (f)) close links,
they are not legal or de facto barriers to exercise banking supervision,
I) foreign bank wishing to act through its branch in
the territory of the Czech Republic must have a registered head office and head office within the
the same State,
(j)) of the foreign bank is supervised, which is comparable with the
the banking supervision carried out by the Member States,
to the law of the country of registered office) a foreign bank does not foresee any obstacles
to prevent the efficient exchange of information between the Czech National Bank and the authority
supervision of foreign banks.
(5) an application for a licence referred to in paragraph 1 may be made only on the prescribed
form, to which the applicant shall be accompanied by documents certifying the fulfilment of the
the conditions referred to in paragraph 4. The pattern of the form and the content of its annexes
the decree establishes the Czech National Bank.
(6) the Czech National Bank is entitled to request a copy of the registration
Criminal records relating to natural persons proposed to management
the branch referred to in paragraph 1. The person has in the past been convicted for
the crime of misappropriation or for an offence, the factual
the essence of banking is associated with the activities, or for an intentional criminal offence
committed in the context of the business shall act as a person in leadership
the branch referred to in paragraph 1.
(7) the reason for the rejection of the application for a licence referred to in paragraph 1 cannot be
the fact that the legal form of a foreign bank does not correspond to the legal form of
joint-stock company.
Section 5a
(1) the Bank is based in Member States may exercise within the territory of the Czech
the Republic through its branches of activity under this Act
without a licence, if permission to their performance they have been granted in the country of
their registered office and, if the foreign bank had complied with the procedure laid down by the law of
The European Union, pursuant to section 5 c up to 5 m. Banks established in the Member States
Furthermore, under the same conditions, are entitled to the pursuit of these activities
even without the Foundation of a branch if their operation does not have the character of a permanent
economic activity.
(2) the provisions of paragraph 1 shall not apply in the cases, when it comes to banks, which
do not benefit from the advantages of the single licence according to the law of the European Union, or
the Bank is headquartered in the State, which does not enjoy the benefits of the single licence according to the
rights of the European Union.
(3) the Czech National Bank may, in accordance with the international treaty by Decree
extend the range of States whose banks enjoy when doing business on the territory of
The Czech Republic the same advantages as the banks established in the Member
States.
(4) On the activities of the bank branches from a Member State, this law does not apply,
with the exception of section 3 (3). 3 (b). (b)), section 5n, 10, section 11 (2). 1, 2 and 5, § 21, §
24 paragraph. 2 sentence third, § 26bb, 29a, 37, the obligation to provide data
According to § 38 paragraph. 2 to 8, the provisions relating to the conduct of monetary
policy and amending the clearing bank (§ 20 c) and section 41 m.
(5) If a branch of the Bank from a Member State decides to participate in the
the payment system operated by the Czech National Bank (§ 20b),
subject to the legislation governing the operation of this system.
If the Branch Office of the Bank from a Member State decides to use the options under
section 38a, paragraph. 1, subject to the provisions of section 38a.
(6) the provisions of this law related to insurance claims from the
deposits at the Bank of the Member State of the branch shall apply only if you will use the
the option provided for in § 41 m.
(7) the procedure under section 26 of the branch of the Bank from a Member State to apply
only
and in the case of violations of sections) 11 (2). 1, 2 and 5,
(b) in the case of violations of sections) 20 c of the clearing banks,
(c) in the case of violation of the law) governing the payment as regards the
the operation of the payment system operated by the Czech National Bank, if it is
a branch of the system (section 20b),
(d) in the case of violations of sections) 38a and obligation to provide information under section 38
paragraph. 2 to 6,
(e)), if it is necessary to ensure financial stability and protection
common interests of clients or investors, foreign banks, and this thing is
need to be addressed without delay (section 5 (3)), or
(f)) after the previous information to the supervisory authority of the country of registered office of a foreign bank
and the European banking authority, if it is necessary to ensure the
protection of financial stability and common interests of clients or investors
a foreign bank because of threats to its liquidity (§ 5MA (1)).
(8) the Czech National Bank may in the branches of banks from a Member State or in
the persons forming the consolidation unit is a member of a foreign bank
referred to in paragraph 1, to check on the spot, if requested
the supervisory authority of the country of residence of the foreign bank. The supervisory authority of the country of residence of
the Bank referred to in paragraph 1 may, after prior notification of the Czech National Bank
carried out on the territory of the Czech Republic on the spot check in the Bank branch of the
the Member State or the financial institution which meets the requirements under section
paragraph 5e. 1.
(9) the Czech National Bank may carry out checks on the spot and require the
information on the activities of that branch of the Bank from a Member State shall exercise
on the territory of the Czech Republic, if it considers it important from the point of view
financial stability in the Czech Republic. The Czech National Bank before
the start of inspections on the spot shall inform the supervisory authority of the State concerned on the
the purpose of the inspection and after its termination shall provide the supervisory authority
all information, which are relevant for the assessment of the riskiness of the Bank
or for financial stability in the Czech Republic.
section 5b
The licence shall not be granted if it would be contrary to international
the Treaty.
The principle of the single license
§ 5 c
(1) the Bank is located on the territory of a Member State (hereinafter referred to as the "home State")
may be carried out on the territory of another Member State (hereinafter referred to as "the host
State ") through its branch activities listed in § 5 d without
the licence, if the permission to be granted to these banks in
Home State. The same permission with the exception of the activities referred to in section 5 d
(a). and) also applies to financial institutions meeting the conditions referred to
in paragraph 5e. 1 (hereinafter referred to as "authorized financial institution").
(2) a bank referred to in paragraph 1 are also entitled to the pursuit of activities
listed in § 5 d even without establishing a branch, if their operation
does not have the character of permanent economic activity. The same is true for the legitimate
financial institutions referred to in paragraph 1 with the exception of the activities referred to in section 5 d
(a). and).
(3) to exercise on the territory of the host State through its branch
activities without a licence cannot, pursuant to paragraph 1, the Bank or financial
the institution, which does not enjoy the benefits of the single licence according to the law of the European
the Union, or bank or financial institution established in the Member State which
It does not enjoy the benefits of a single licence in accordance with European Union law.
§ 5 d
The Bank pursuant to section 5 c of paragraph 1. 1 or authorized financial institution may
to exercise on the territory of the host State, in compliance with the conditions laid down
European Union law and referred to in this Act, the following activities:
and acceptance of deposits from the public),
b) lending,
(c)) financial leasing (financial leasing),
(d)) the provision of payment services and the issuance of electronic money,
e) issuing and managing means of payment, if it is not a
the provision of payment services or the issuance of electronic money in accordance with
(d)),
(f)), provision of guarantees,
g) trading for own account or for the account of the client
1. money-market instruments,
2. with funds in foreign currencies,
3. the futures, options and instruments whose value refers to monetary
rates, interest rate or interest rate yield,
4. investment securities
h) participation in the issue of the securities, and the provision of related services,
I) advice in matters of capital structure, industrial strategy and in
related questions and advice and services relating to mergers and the purchase of
commercial establishments,
j) money brokering,
k) securities management on behalf of the client, including the
advice,
l) storage and management of securities,
m) provision of banking information,
safekeeping of valuables, n)
about) the provision of investment services and activities according to a special legal
the prescription.
§ 5e
(1) a financial institution that intends to make use of the advantages referred to in section 5 c,
must meet the following conditions:
and the Bank or the Bank) in accordance with § 5 paragraph. 1 must have at least 90% of the
of voting rights and share capital in this financial
the institution and shall be governed by the law of the same State as this financial
institutions,
(b)) the activities that it intends to operate on the territory of the host Member State must
to operate on the territory of his home State,
(c)) must be included in the supervision on a consolidated basis shall be exercised
over the Bank or banks pursuant to § 5 paragraph. 1 in accordance with the provisions
The European Union,
(d) a bank or a Bank) under section 5 c of paragraph 1. 1 jointly and severally liable with
the approval of the supervisory authority shall be liable for its obligations,
(e) the Bank or the Bank) in accordance with § 5 paragraph. 1 meet the requirements of the home
supervisory authority regarding the prudent management of financial institutions.
(2) the conditions referred to in paragraph 1 shall be verified by the supervisor
the home State, who shall issue a confirmation.
(3) in the event that the financial institution ceases to fulfil any
of the conditions referred to in paragraph 1, the home supervisory authority immediately
informs the host supervisory authority and financial institutions shall cease to be benefits
a single licence.
(4) a person controlled by the authorized financial institution established in another
the Member State may exercise within the territory of the Czech Republic through the
its branches activity in the same range as the beneficiary of the financial
of the institution.
§ 5f
The Bank pursuant to section 5 c of paragraph 1. 1 or authorized financial institution that intends to
set up its branch in the territory of the host Member State shall inform the
the supervisory authority of the home Member State and shall inform him in writing the following
information:
and) on the territory of the Member State intends to establish a branch,
(b)) a business plan containing the particular enumeration of the activities envisaged,
(c)), the organisational structure of the branch
(d)) the address in the host State, to which it will be possible to retrieve documents,
(e)) the names of persons responsible for the management of the branch,
(f) in the case of authorized) financial institutions, whether or not the supporting documents for verification
the facts referred to in section paragraph 5e. 1.
§ 5 g
(1) the supervisory authority of the home State, if it has no doubts about the
the organizational structure and the financial situation of the Bank in accordance with § 5 paragraph. 1 or
legitimate financial institutions in relation to the activities,
It passes within 3 months from the date of receipt of the information referred to in section 5f of this information
together with information on the amount and composition of the capital of the Bank or authorized financial
institutions, with information about its capital ratios according to the article. 92 the regulation
The European Parliament and of the Council (EU) no 575/2013, details about insurance
deposit and confirmation according to § 5e paragraph. 2, the supervisory authority of the host
the State, which shall inform the Bank or an authorised financial institution.
(2) in case there are doubts referred to in paragraph 1, the authority
oversight of the State within the time limit referred to in paragraph 1 of the Bank pursuant to section 5 c
paragraph. 1 or an authorised financial institution informs that its
the notification was sent to the supervisory authority of the host State, and your
How to justify. In this case, and in the case where it is not within the time limit referred to in
paragraph 1 of the Bank pursuant to section 5 c of paragraph 1. 1 or authorized financial institutions
by the supervisory authority of the home State to be informed, the Bank
According to § 5 paragraph. 1 or authorized financial institution to seek redress for
of the Court.
§ 5 h
(1) the supervisory authority of the host State shall within 2 months of the receipt of the
information according to § 5 paragraph. 1 prepare for the supervision of the Bank in accordance with § 5 c
paragraph. 1 or an authorised financial institution and, if necessary, the
the provisions of the legislation of the host Member State governing the
conditions for the exercise of their activity on the territory of the host Member State on the basis of the
permission granted by the supervisory authority of the home state of her.
(2) on receipt of the information referred to in paragraph 1 after the expiry of 2 or futile
months may Bank pursuant to section 5 c of paragraph 1. 1 or authorized financial institutions
start a business in the territory of the host State.
(3) Changes in the data referred to in § and § 5, paragraph 5f. 1 notify the Bank by
section 5 c of paragraph 1. 1 or authorized financial institution with one month in advance
supervisory authority of the home and the host Member State.
§ 5i
In the event that the Bank in accordance with § 5 paragraph. 1 or authorized financial
institutions on the territory of the host Member State intends to carry out activities in accordance with
§ 5 d without the Foundation of a branch shall notify the intended activities before the first
the provision of services to the home supervisory authority, that this notification to the
one month it shall send the host supervisory authority.
section 5j
Supervision of a branch of the Bank of the Member State or the legitimate financial
the institution shall exercise supervisory authority of the home State. Supervisory authority
the host State may, from the branch of the Bank of the Member State or
legitimate financial institutions require for statistical and information
purposes and for the purposes of exercising supervision according to this law, regular reporting
its business activities on the territory of the host State and
to request information necessary for the decision on the designation of a branch as a significant
under section 5n.
§ 5 k
(1) if the supervisory authority of the host State on the basis of information from the
supervisory authority of the home State under § 38h finds that the Bank pursuant to section 5 c
paragraph. 1 or authorized financial institutions in the provision of services to
its territory is in breach of the law or a directly applicable regulation
Union governing the prudential requirements or if there is reasonable suspicion,
that violates this law or directly applicable provision of the European Union
governing the prudential requirements, shall notify this fact to the authority
supervision of the home State. The supervisory authority of the home State without undue
the delay shall take the appropriate measures to remedy under section 26 towards
delete a violation of these rules or to avert the risk of
such violations and shall forthwith inform the authority of the measures taken
supervision of the host State.
(2) if the supervisory authority of the home State has not adopted the measures referred to in
paragraph 1, the supervisory authority of the host State may on this fact
notify the European supervisory authority (European banking authority) ^ 19)
(hereinafter referred to as "the European banking authority"), and ask it about settlement
the dispute in accordance with the regulation directly applicable European Union legislation
supervision of the financial market in the area of banking ^ 28).
(3) If a thing cannot tolerate delay, the supervisory authority of the host State
take appropriate measures in accordance with section 26 or section 26bb to ensure the protection
financial stability and common interests of clients or investors, foreign
Bank in the host Member State. The adoption of such measures
inform the supervisory authority of the home State, the European Commission, the European
banking authority and supervisory authorities of the States concerned. If the authority
oversight or another State concerned disagrees with the measures
adopted by the supervisory authority of the host State may request the European
banking authority settle the dispute according to the directly applicable
Regulation of the European Union relating to the supervision of financial markets in the
banking ^ 28).
(4) the measures provided for in paragraph 3 shall be proportionate to the protection of the financial
stability and common interests of clients or investors, foreign banks in
the host Member State and shall not lead to the preference of the clients or
investors, foreign banks in the host Member State compared to the
clients or investors, foreign banks in other Member States.
The supervisory authority of the host Member State may take the measures referred to in paragraph
3 only until measures are taken to address the decline of the foreign
the Bank according to the law of insolvency the home Member State.
The adoption of these measures, measures under paragraph 3 shall cease to have effect.
(5) the supervisory authority of the host State of the measures referred to in paragraph 3 shall cancel,
If, in its sole discretion, such measures are no longer necessary due to the
measures taken by the supervisory authority of the home State referred to in paragraph 1.
(6) the authorities of the host Member State may take the necessary measures to
prevent or punish the acts infringing on the territory of that State
the legislation of the State in areas of public interest, including measures
to end the activities of the Bank in accordance with § 5 paragraph. 1 or authorized financial
institutions on the territory of this State. The provisions of the preceding paragraphs, in the
this case shall not apply.
§ 5MA
(1) the supervisory authority of the host Member State may, after prior information
supervisory authority of the home State and the European banking authority
take measures to ensure the protection of the common interests of the clients or
investors of foreign bank or financial stability in host
Member State if it is threatened by foreign banks whose liquidity
the branch carries out the activity on the territory of the host State, and the supervisory authority
the home State has not taken the necessary measures.
(2) the supervisory authority of the home State may apply to the European
for banking, if you do not agree with the measures adopted by the authority
supervision of the host State, in whose territory the foreign bank shall exercise
activities through a branch, and ask it to settle the dispute in accordance with
directly applicable provision of the European Union relating to the supervision of the
the financial market in the area of banking ^ 28).
§ 5 l
(1) in the case of withdrawal of the licence to the Bank pursuant to section 5 c of paragraph 1. 1 or authorized
a financial institution shall immediately inform the supervisory authority of the home
the host supervisory authority. The host supervisory authority shall take the necessary
measures to end the activities of the Bank in accordance with § 5 paragraph. 1 or authorized
financial institutions on its territory and to safeguard the interests of depositors.
(2) the supervisory authorities shall notify the European Commission of the number and nature of cases
When refused to cede the authority of the host Member State of information establishing the
branch or when your permission to use the termination of the infringement
According to § 5 paragraph. 1 to 3.
§ 5 m
The Bank pursuant to section 5 c of paragraph 1. 1 and authorized financial institutions may freely
to advertise their services in the Member States, while respecting the legal
regulations on advertising adopted by the competent State.
section 5n
(1) a branch of a bank or bank branch may be from a Member State authority
supervision by the Member State on whose territory the acts, designated in accordance with
the law of the European Union for a significant (hereinafter referred to as "branch").
(2) its intention to designate a branch of the Bank of the Member State, which shall
on the territory of the Czech Republic, for an important inform the Czech National Bank
the supervisory authority of the home state of a foreign bank. If there is such a
a member of the Group of the European branch of the controlling Bank [section 26 d, paragraph 1 (a).
m)], a member of the Group of the European financial holding of the person [section 26 d (1)
(a). about)] or a member of the Steering Group of the European merchant with the
securities pursuant to the law governing business on the capital market,
the Czech National Bank shall notify its intention to designate a branch for
an important body performing supervision on a consolidated basis over the
such a group; authority exercising supervision on a consolidated
the basis for the purposes of this Act, means the authority supervising the
consolidated basis pursuant to article. 4 (4). 1, point 41 of regulation of the European
Parliament and of the Council (EU) no 575/2013. At the same time, the Czech National Bank, the
the authority shall communicate the reasons that lead to her intention to mark the Bank branch of the
Member State for important with regard to the criteria referred to in paragraph
3.
(3) when the intention to mark the Bank's branch of a Member State for a significant
the Czech National Bank will take into account, in particular, to the
and market share on the branch) deposits in the Czech Republic and to the fact that the
This proportion exceeds 2%,
(b) the likely impact of the) suspension or termination of the activities of the foreign
the Bank, whose branch could be identified as an important, liquidity
on the market or on the activities of the payment or securities settlement systems in the Czech
Republic,
(c)) the size of the branch and its importance for the financial system of the Czech
Republic in terms of the number of its clients.
(4) the Czech National Bank is making an effort to make its decision on the
the indication of the Member State of the branch of the Bank in a major was achieved after
in agreement with the supervisory authority referred to in paragraph 2, within a period of 2 months
from the day when the Czech National Bank has informed the authority of its intention
in accordance with paragraph 2. If no such agreement is reached, then the Czech national
the Bank will decide on the designation of a branch bank of the Member State for important
within 4 months of the date of this intention to inform the supervisory authority
referred to in paragraph 2, or in the same time limit shall be notified to that authority, since the
This project gives way. In doing so, account shall be taken of the opinion of this body.
(5) if the Czech National Bank on the Bank branch of the
Member State, it shall inform, in writing, without undue
delay, a supervisory body referred to in paragraph 2. The Czech National Bank
authority at the same time the reasons for the designation of this branch for a major.
(6) the Czech National Bank can turn to the European authority for the
banking and ask it to settle the dispute by directly applicable
Regulation of the European Union relating to the supervision of financial markets in the
banking ^ 28), if
and the supervisory authority of the home State) does not consult with the Czech National Bank
a plan to restore liquidity by banks based in a Member State, that
operating on the territory of the Czech Republic through the relevant branches, or
(b)), the Czech National Bank does not agree with the plan submitted to the restore
liquidity.
§ 5 °
(1) the Czech National Bank is responsible for the agreement on the designation of a branch of the Bank
an important, if the Bank carries out through this branch
activity in another Member State and the host State supervisory authority
the Czech National Bank informed about the intention to mark this branch for
the major and told her the reasons that lead to this intent in accordance
with the law of the European Union. The provisions of section, paragraph 5n. 4 shall apply mutatis mutandis.
(2) if the Bank carries out the activity on the territory of another Member State
through the relevant branches, shall notify the authorities of the Czech National Bank
supervision of that Member State, the information referred to in section paragraph 38ha. 2 (a). (c))
and (d)), the results of the process of the review and evaluation referred to in section 25 c, will provide
they report on the risk assessment of the group according to § 26 k, paragraph. 2 and in
cooperation with the supervisory authorities of that Member State shall carry out the tasks referred to in
section 26i, paragraph. 1 (a). (c)). Czech National Bank shall notify the supervisory authorities
This member State decisions on corrective measures, which the Bank
stores, where it is a significant decision for this branch.
(3) If the Czech National Bank establishes the negative development in the Bank, which
activity through the relevant branches on the territory of another
Member State, it shall inform without delay the competent central
the Bank of the European system of central banks under the conditions referred to in section 25a
paragraph. 4 (b). (j)) and the public authorities pursuant to section 25a paragraph. 4 (b). l)
Member States concerned by this development.
(4) if the Bank carries out the activity on the territory of another Member State
through the relevant branches, establishes the Czech National Bank to carry out
the tasks referred to in paragraphs 2 and 3 and section 38h of the College of supervisors
(hereinafter referred to as "the College"). The establishment and activities of the College are based on the
written arrangements under section 26 c of paragraph 1. 7, Czech
National Bank in consultation with the supervisory authorities referred to in paragraph 2. The members of the
the College is the Czech National Bank and the supervisory authorities of the host State,
in which the Bank carries out its activities through relevant branches.
The provisions of § 26 l, paragraph. 4 and 5 shall apply mutatis mutandis.
(5) the obligations referred to in paragraphs 2 to 4 shall be exercised by the Czech National Bank
then, when the agreed the designation of a branch as significant in accordance with paragraph 1,
or, when the designation was an important branch of the Bank informed
the competent supervisory authority of the host State.
(6) if the Bank carries out the activity on the territory of another Member State
through the relevant branches, shall consult with the Czech National Bank
supervisory authority of that Member State of a plan to restore the liquidity of the Bank
under the condition, that there is a liquidity risk, which could have a significant
the impact on the currency of the host State.
§ 6
The license is granted for an indefinite period and is not transferable to another
the person.
section 7 of the
Complete
list of banks and branches of foreign banks
operating on the territory of the Czech Republic leads the Czech National Bank. The list is
for inspection at the head office and branches of the Czech National Bank and the Czech national
the Bank will publish it in a manner enabling remote access.
Section 7a
(1) a Licence expires on the date,
and that becomes able to) a decision on the withdrawal of the licence,
(b)), to which the Bank is repealed, if is deleted with the liquidation,
(c)) from which according to the decision of the general meeting, the Bank will continue to so far
will not perform the activity that the licence is needed,
(d) the deletion of) commercial register without liquidation, if it lapses,
(e)), which has acquired the authority of a decision on the prohibition of the activities of the Bank on the
the territory of the Czech Republic pursuant to other legislation.
(2) the Licence granted to the foreign bank branch for its lapses also
the date on which
and) foreign bank shuts down its branches on the territory of the Czech
of the Republic,
(b)) in the State of foreign bank has ceased to be entitled to act as its registered office
the Bank.
(3) the date of demise of the licence may not Bank and a branch of a foreign bank
accept deposits and provide loans and engage in other activities, with the
the exception of those that are necessary for the settlement of its claims and the
commitments; pending the settlement of their claims and liabilities, shall be deemed to
a Bank and a branch of a foreign bank in accordance with this Act.
PART THE THIRD
Organization of the Bank
§ 8
(1) the Board of Directors of the Bank must have at least 3 members. The Management Board of the Bank
must have at least 5 members, while a member is a Director.
(2) statutory Director the Bank must not be at the same time the Chairman of its Board
of the Council; The Czech National Bank may, on the basis of a reasoned proposal of the Bank
enable the concurrent performance of both functions, and assess the impact of overlapping functions
on the soundness of the Bank's activities and performance in relation to their
the nature, scope and complexity and with regard to individual
in the circumstances, in particular, to the
and the sufficiency of time for capacity) the obligations laid down and
(b)) the emergence of a potential conflict of interest.
(3) the Bank shall ensure that the
and a member of the statutory body), a member of its Board of Directors and a member of its
the Supervisory Board has been the person trusted enough to professionally qualified and
experienced,
(b)) have been allocated sufficient human and financial resources for the continuous
the training of the members of the statutory body, the members of the Management Board and the
the members of the Supervisory Board and the
(c)) was carried out the policy of supporting diversity in the selection of the members of the
the statutory body, the members of the Management Board and the Supervisory Board members.
(4) a member of the statutory body, Member of the Management Board and the Supervisory Board
banks throughout the performance of its functions
and) perform their duties properly, honestly and independently, and dedicated to the performance of this
its features enough time capacity,
(b) may at the same time hold function) in the bodies of other legal persons only
If it does not affect the sufficiency of time for filling capacity
duties in the body of the Bank, given the nature, scope and complexity of the
its activities and taking into account individual circumstances,
(c)) in the Bank, which is significant due to their size, internal
the Organization, the nature, scale and complexity of its activities, shall not at the same time
perform functions in the bodies of other legal persons of a larger scope than
1. the performance of one member of the Executive with two non-features
Member, or
2. the performance of the four functions of a non-member.
(5) the Czech National Bank may, on the basis of a reasoned proposal of the Bank
allow a member of the statutory body, the Member of the management board or a member of the
the Supervisory Council of the Bank, which is significant due to its size,
the internal organization, the nature, scale and complexity of its activities,
to hold one additional function of a non-member in the authority of other legal
If it does not affect the proper performance of the duties in the body of the Bank.
(6) for the purposes of the provisions of paragraph 4 (b). (c)) does not function
Member of the legal person, that is not predominantly hire and destinations, and
Furthermore, it is considered a performance the performance of the functions of the Executive and
a non-member in the framework of the
and the same group of the controlling of the Bank),
(b)) of the same institutional protection system according to the article. paragraph 113. 7
Regulation of the European Parliament and of the Council (EU) no 575/2013
(c)), in which the business of the Corporation Bank has qualified participation.
(7) a member of the Executive, for the purposes of this Act, means the Member of the authority,
which the Bank takes the Executive control function.
(8) the scope of the statutory authority and the Board of directors or of the Supervisory Board shall
be specified in the statutes.
(9) a member of the statutory body, a member of the Board of Directors and a member of the Supervisory Board
the Council of the Bank can be only a natural person.
(10) Paragraph 4 to 7 shall apply mutatis mutandis to the examination of persons in
leadership and the Bank branch of the worker other than a Member State.
§ 8a
(1) the members of the statutory body of the Bank or members of the Board of the Bank
who have violated their obligations arising for them from the performance of the duties referred to in
This Act or special legislation or the articles of Association, the
jointly and severally liable for any damage that is incurred by the Bank's creditors, in
as a result of any breach of these obligations, the Bank is not able to fulfil their
payable liabilities.
(2) paragraph 1 shall apply mutatis mutandis to the members of the statutory body
foreign banks, which has services set up on the territory of the Czech Republic branch
According to § 5, and for persons in the leadership of this branch.
§ 8b
The management and control system
(1) the Bank shall have the management and control system, which includes
and good governance and assumptions) of the management of the company, and it always
1. the principles and procedures
2. the organizational arrangements, with a full, transparent and coherent definition
the scope of and decision-making powers, within which at the same time define
functions whose performance is inconsistent, and procedures for the prevention of
potential conflict of interest,
3. the proper administrative procedures and accounting procedures in accordance with the
special legislation,
4. the system of remuneration of persons whose activities in the performance of their
employment, profession or functions have a significant influence on the Bank
the risks involved and their peace, including principles for determining and conditions
payment of fixed and variable components of remuneration, the procedures for the adoption of
the decision on the remuneration and the method of assessing performance, so that the system
rewarding to contribute to the proper and effective risk management and was with him in the
compliance,
(b)) risk management system, which always includes the
1. the rules of the Bank's approach to the risks to which the Bank is or may be
exposed, including risks arising from the external environment and risk
liquidity,
2. effective recognition, evaluation, measurement, monitoring, and
reporting of risks,
3. effective procedures for the adoption of measures to reduce the possible
the risks,
(c)) the internal control system, which is always
1. the internal audit and
2. follow-up to the compliance with the legal obligations and obligations
resulting from the internal regulations of the Bank,
(d) the provision of trust, expertise) of the competence and experience of the members of
the statutory body, the members of the Management Board and the Supervisory Board and
e) specialist competence and experience of the statutory body,
the Management Board and the Supervisory Board as a whole, to ensure understanding
the activities of the Bank, including sufficient understanding of the major risks.
(2) the management and control system must be effective, coherent and appropriate
the nature, extent and complexity of the risks associated with the business model and
the activities of the Bank.
(3) the Bank verifies and regularly evaluate the effectiveness, coherence and
the adequacy of the management and control system in its whole and parts, and
zjednává without undue delay, the appropriate remedy.
(4) the Bank has the obligation to establish and maintain command and control system
an individual basis, if it has not been granted to the Czech National Bank
the exemption provided for in article. 7 regulation of the European Parliament and of the Council (EU) No.
575/2013. The Bank also has the following obligations on a consolidated basis,
If it is
and controlling domestic Bank) [section 26 d, paragraph 1 (b). l)],
(b)) controlling the Bank, but is not the controlling domestic Bank,
a responsible Bank in the Group of the financial holding of the person or responsible
the Bank, controlled by the mixed financial holding person [section 26 d (1)
(a). (b)) l), r) and t)], and a member of its consolidation unit is
the foreign bank, the foreign securities dealer that is not
the Bank or financial institutions which have their head office in a non-member
State,
(c) the responsible Bank in the Group) the financial holding of the person [section 26 d of paragraph 1.
1 (a). r)],
(d) a responsible Bank in the Group) a foreign bank that controls [section 26 d
paragraph. 1 (a). with)], or.
(e)), the responsible Bank controlled by the mixed financial holding person [section
26 d of paragraph 1. 1 (a). t)].
(5) the Bank, which has an obligation to establish and maintain command and control
on a consolidated basis, the system shall ensure that the person who controlled her
is not subject to the supervision of the Czech National Bank, has implemented policies and procedures, management
organisational arrangements and other procedures and mechanisms referred to in paragraph 1. From
This obligation may grant an exception to the Czech National Bank, if the Bank
It proves that the introduction of such policies, procedures, arrangements and mechanisms
It is not in accordance with the legislation of the country of residence of the controlled entity.
(6) the Bank, which has an obligation to establish and maintain command and control
system on a consolidated basis, ensure that policies and procedures
management, organizational arrangements, processes and mechanisms referred to in paragraph 1
used by members of the consolidated Group have been mutually and linked way prescience did
and resulted from them with all the information necessary for the purposes of decision-making
processes in the framework of the consolidated Group and for the purposes of exercising supervision.
(7) the Czech National Bank, lays down more detailed requirements on the Decree
the management and control system of the bank on the individual and consolidated
basis within the limits referred to in paragraph 1, including the responsibilities, powers,
the composition and functioning of the organs and committees of the Bank, as well as requirements for their
Members, if this is not regulated by directly applicable provision of the European
Union governing the prudential requirements, regulations or decisions
Of the European Commission.
(8) a branch of a bank other than a Member State, shall be governed by the requirements of the
the management and control system.
§ 8 c
(1) a bank that is significant due to their size, internal
the Organization, the nature, scale and complexity of its activities, shall establish
and risk Committee)
(b)), the Committee for the appointment of
(c) the remuneration Committee).
(2) a Committee for risk, the Nomination Committee and the remuneration Committee are
composed of non-executive members of the Bank.
(3) by a decree of the Czech National Bank establishes the criteria for the assessment of
the significance of the Bank referred to in paragraph 1.
§ 8 d
The Czech National Bank
and information on) uses the remuneration policy in accordance with the article. 450
Regulation of the European Parliament and of the Council (EU) no 575/2013 for comparison
the trends and practices of the remuneration,
(b) if the Bank) with regard to the nature, scale and complexity of the
their activities does not rely only on external credit assessment
the assessment of the credit standing of entity, or a financial instrument, which
for the purposes of this Act, means the financial instrument referred to in article. 4 (4). 1
section 50 of regulation of the European Parliament and of the Council (EU) no 575/2013
(c) monitor the extent of volume) of risk-weighted exposure amounts or capital
the requirements of the Bank, with the exception of the capital requirements for operational risk,
for exposure or transactions in the comparative portfolio resulting from the
internal approaches of the Bank; operating risk, for the purposes of this Act,
means the operational risk according to the article. 4 (4). 1, point 52 of the regulation of the European
Parliament and of the Council (EU) no 575/2013
(d) at least once a year) will evaluate the quality of the Bank's internal approaches
(e)) shall take corrective measures, if internal access leads to an underestimation of the
the capital requirements of banks, which is not the result of existing differences
in positions or exposures; measures to address the objectives of the internal preserves the
access,
(f)) monitors the developments in connection with liquidity risk profiles,
g) shall adopt the measures referred to in point (f), if the development) can lead to
the instability of banks or system instability,
h) uses the information on the diversity policy in accordance with the article.
435 European Parliament and Council Regulation (EU) no 575/2013 for comparison
policies supporting diversity of selection of the members of the statutory body,
the members of the Management Board and the Supervisory Board of the Bank.
§ 9
(1) the Bank shall be obliged to modify the statutes also
and the structure and organization of the Bank);
(b)) the authority and responsibility of the statutory body members, members of the Management Board
and the members of the Supervisory Board of the Bank;
(c)) the power and the responsibility of other workers headquarters and branches,
where appropriate, other organizational units of the Bank authorized to conduct
banking business;
(d)) provision of management and control system.
(2) the Bank may also adjust the power in the statutes of the general meeting
and in the Treaty on) set the performance level of the function of the ratio between fixed and
variable component of remuneration higher than 100%, with the overall level of
the variable component shall not exceed, for any of the individual 200% fixed
the folder its total rewards, or
b) instruct the Supervisory Board or the Management Board, if approved the Treaty on
the performance features, determine the level of the ratio between a fixed and a variable component
the rewards are higher than 100%, with the overall level of the variable components may not
not exceed 200% of any individual fixed component of its total rewards.
(3) a certified copy of the articles of Association and their amendments shall be deposited with the Czech national
the Bank.
§ 10
(1) the Bank shall without undue delay, save for the Czech national
extract from the commercial register of the Bank, as well as all his changes.
(2) foreign bank executing Bank in the Czech Republic
through the activities of the branch shall without undue delay
Save for the Czech National Bank, the extract from the commercial register, as well as
all of his changes.
section 10a
(1) the Bank shall establish procedures for its staff for internal reporting
violation or impending violation of this law, it law
implementing or directly applicable regulation in the European Union
prudential requirements through special legislation,
independent and separate communication channel.
(2) the Czech National Bank will put in place an effective mechanism to report violations of
or threatened violation of this law, it law
implementing or directly applicable regulation in the European Union
governing the prudential requirements and informs you about it in a way
enabling remote access; This mechanism includes at least
and the procedures for reporting violations of) or impending violation of Czech national
the Bank and their evaluation of the Czech National Bank,
(b) the protection of the person) reports the infringement or threatened infringement; If
This is the worker of the Bank, the Czech National Bank and the Bank shall ensure the protection of the
at least against discrimination or other kinds of unfair treatment,
(c)), the protection of personal data of the person who reports the infringement or threatened
violation of or that is allegedly responsible for the infringement or threatened
violation of, unless disclosure is required by national law, in
connection with another investigation or subsequent legal proceedings.
(3) by a decree of the Czech National Bank provides the requirements for the procedures of the Bank
referred to in paragraph 1, including ensuring the same level of protection as is
required in accordance with paragraph 2 (a). (b)), and (c)).
(4) the internal reporting Procedures referred to in paragraph 1 may be established on the
the basis of the agreement with the social partners, through or with the
using channels of communication of these partners, while ensuring the same
extent of protection as is required by paragraph 2 (a). (b)), and (c)).
PART THE FOURTH
Operational requirements
§ 11
(1) the banks and branches of foreign banks are obliged to inform their
written in the form of premises in the Czech language of the conditions for
acceptance of deposits, lending and other banking business and
services and their participation in payment systems. On request are required to
provide the appropriate information on the rules of the payment system.
(2) information about services, consisting in the taking over of cash
resources from a client, or in the provision of these services must be
expressly and clearly set out the relationship of this service for insurance claims
of the deposits, including the limits for the payment of a single authorized person. The Bank and the
branch of a foreign bank is obliged to inform in writing in the official
the language or languages of the State in whose territory they are operating, how
payment of the refund of the deposit insurance fund (section 41a) or from another system
insurance, on which the group is, and how to claim for the Fund
deposit insurance or other similar insurance system, on which the
It belongs to.
(3) a branch of a bank other than the Member State shall, at the request
a legal person or natural person in connection with its business
to provide without delay a written explanation of the credit
rating (rating) for the purposes of the assessment provided her
a credit or loan application.
(4) the Bank and branch of the Bank other than the Member State is obliged to lead
the agenda of each contract concluded with the client in such a way that the
the request of the Czech National Bank has been able to without undue delay,
submit the relevant documents in the certified translation into the Czech language.
(5) the banks and branches of foreign banks are required to establish an effective procedure
for the handling of complaints and clients about this procedure,
in writing and in the official language or languages of the State in whose territory the
It operates in its operational areas.
section 11a
Disclosure of information to the branches of banks from other than the Member State of
(1) a branch of the Bank other than the Member State will publish information about yourself
and its activities and data on the performance of prudential rules.
(2) a branch of the Bank other than the Member State shall publish the way
enabling remote access to information about who and how
publish information about the foreign bank.
(3) a branch of a bank other than the Member State does not have to disclose
information on the implementation of rules, Prudential, which
and it is not important); information is material if its omission or
erroneous entry could change or influence the assessment or the decision of the people,
that rely on this information in its decisions; This option
does not apply to information about approaches for the calculation of capital
requirements,
(b)) is sensitive; information is sensitive if its publication could
be damaged the position of the foreign bank in the framework of the competitive
environment, in particular as regards information about the products or systems,
that would be sharing with the other competitors could spoil her
investment in these products or systems,
c) is confidential; information is confidential if the foreign bank
committed to clients or other counterparties to maintain secrecy about it.
(4) when a branch of the Bank other than the Member State of the possibility of
neuveřejnit sensitive or confidential information, shall publish, on which
requests for disclosure, and the reason why the information neuveřejnila.
A branch of the Bank other than the Member State shall indicate at least the General
information about the fact that you should publicly disclose, unless this General
the information was sensitive or confidential.
(5) the Auditor verifies data on capital, capital requirements and
ratios of the Bank and branch of the Bank other than the Member State.
(6) the Czech National Bank establishes by Decree
and data intended to) the content of the publication, as well as the form, method, structure,
disclosure of data periodicity and deadlines,
(b) the contents of the data verified by an auditor).
(7) a branch of a bank other than the Member State shall establish internal procedures and
guidelines for compliance with the requirements laid down by the law on the publication of this
or on the basis of and for the evaluation of the adequacy of published data,
including their verification and frequency of publication. A branch of the Bank of
other than the Member State shall establish, maintain and apply also to internal
procedures and guidelines for the assessment of whether her information is released
a complete and true picture of all the assumed risks and their extent.
If you do not provide such information released the image, is the branch of the Bank
from another Member State shall be obliged to publish than all other information
necessary to achieve this objective, with the exception of the information referred to in
paragraph 3.
section 11b
Disclosure of information to the controlling entities and banks
(1) the Bank publishes basic details about yourself, about the composition of shareholders,
the structure of the consolidated Group, which is part of the, and of its activities and
the financial situation.
(2) the Bank established the obligation on a consolidated basis
under this Act, or by directly applicable regulation
Union governing the prudential requirements, published annually
for information about the
and related relations between members) of the consolidated Group, including
information about the close link,
(b)) the management and control system under section 8b, paragraph. 1 (a). and (e)),)
(c)) the management and control system of the consolidation unit under section 8b, paragraph.
4.
(3) the Bank shall fulfil the obligation under paragraph 2 and by posting the link to the
the place where such information is available.
(4) the Czech National Bank may provide less than the yearly periodicity
disclosure of information by banks, according to the eighth section of the regulation of the European
Parliament and of the Council (EU) no 575/2013.
(5) the Bank will publish in its annual report key indicators
the return on its assets, expressed as a percentage of net profit and total
the balance sheet total.
(6) the Bank publishes information on how compliance with the requirements on the management and
control system, in a manner enabling remote access.
(7) the Czech National Bank
and Decree) lays down the scope of data for disclosure pursuant to paragraphs
1 to 3, as well as form, the way the structure and limits the disclosure of data, and
the periodicity of the publication of the information referred to in paragraph 1,
(b) may lay down the periodicity of the Decree) in accordance with paragraph 4, the time limit and method
the disclosure of information,
(c)) provides a range of information designed to Decree public disclosure by
paragraph 6, as well as the form, method, structure, periodicity and deadlines
the disclosure of the data.
§ 11 c
(1) the Bank shall publish for the immediately preceding financial
period with a resolution by Member States other than
Member States in which the controlled person or branch,
and enumeration of the activities) carries out, and their geographical location,
(b))
(c) the number of staff) calculated on full-time staff equivalents
working time,
d) the profit or loss before tax,
e) corporate income tax or a similar tax paid abroad
or loss,
(f) public aid).
(2) the information referred to in paragraph 1 shall be published in the annex to the annual accounts
or if he shall draw up the consolidated financial statements, in
the annex to the consolidated financial statements.
(3) the Auditor in the course of their audit work also verifies the information
referred to in paragraph 1.
§ 12
(1) a bank or a branch of a bank other than the Member State is required to
in the performance of its activities, in particular, exercise caution to carry out business
in a way that does not damage the interests of its depositors in terms of
return on their deposits and does not endanger the safety and stability of the Bank.
(2) the Bank and branch of the Bank other than the Member State shall not enter into
the contract under conditions, which are strikingly detrimental, especially
those that undertake the Bank or branch of the Bank from another Member
State to an economically unjustified or receivable clearly
mismatched provided consideration. The contracts concluded in breach of
This provision is invalid.
§ 12a
Capital Bank branch from other than the Member State of
(1) a branch of the Bank other than the Member State complies with the continuously
the capital ratio of at least 8%. Capital ratio means
the percentage of the capital to total risk exposure. Capital
Bank branch from other than the Member State must not fall below the minimum
the amount of the financial resources provided by her foreign bank under section 5
paragraph. 4 (b). and).
(2) the calculation of the capital requirements For each branch of the Bank of
other than a Member State uses the basic access, internal access
or the internal model.
(3) if the Bank branch from other than the Member State intends to use
for the calculation of the capital requirement of internal access or used
internal access or change the conditions of its application, is required to request the
The Czech National Bank on the granting of prior consent. Czech national
the Bank shall decide on the application within 6 months. The Czech National Bank may in
the decision to grant consent to lay down the conditions under which the binding is
a branch of the Bank other than the Member State entitled to internal access
to use.
(4) the Czech National Bank establishes by Decree
and the rules for the calculation of the capital), which shall include procedures,
that branch of the Bank other than the Member State applies the rules
for the determination of capital rules for the determination of the total risk
exposure, identification of individual capital requirements and the definition of
approaches for their calculation, including the determination of terms and conditions for use
internal approaches and internal models for the calculation of capital
requirements, and rules for the transfer of risks,
(b) determine the internal approaches) to use and change is needed
the consent referred to in paragraph 3,
(c) the requirements for an application) prior consent to the use of internal
accessing and changing the approach presented by the Czech used the internal
the National Bank.
section 12b
For the calculation of capital requirements by using the credit rating of the debtor
issued by another person uses the Bank branch from another Member
the State's credit rating only if it is issued or recognised
credit rating agency or another person registered to the list maintained by the
The European banking authority or export credit agency
that exposes their credit ratings and adheres to an agreed methodology
The Organization for economic cooperation and development, which the branch
the Bank has chosen and consistently uses it.
§ 12 c
(1) the Bank shall adopt and apply reliable, effective and complete strategies and
procedures for the establishment, maintenance and continuous examination of internally
capital in the amount, structure and layout, to
enough to cover the risks to which it is or might be exposed.
(2) the Bank regularly examines the strategies and procedures referred to in paragraph 1
so, in order to ensure that they are functional, effective and proportionate
the nature, scope and complexity of the activities of the Bank.
(3) the obligations laid down in paragraphs 1 and 2 has on an individual basis
only the Bank that
and is not controlled by the controlling shareholder) domestic Bank [section 26 d, paragraph 1 (b). l)],
domestic financial holding person [section 26 d, paragraph 1 (b), n)] or
domestic mixed financial holding person [section 26 d, paragraph 1 (a).
p)],
(b)) is not a responsible Bank in the Group of foreign controlling Bank [section 26 d
paragraph. 1 (a). with)] or a responsible Bank in the Group of the European financial
holding the person or another bank in such a group,
(c)) is not a responsible Bank controlled the European mixed financial
holding the person or by another bank operated a mixed financial
holding a person,
(d) control of another bank) savings and loan cooperative, foreign
a Bank, a securities dealer, which is not a Bank, foreign
Merchant securities, which is not a foreign bank, the financial
institution or ancillary services undertaking, or
(e)) is not included in the consolidation pursuant to article. 19 of the regulation of the European
Parliament and of the Council (EU) no 575/2013.
(4) the obligations laid down in paragraphs 1 and 2 has on the consolidated
basis to the extent and in the manner provided for in the first part of title II, Chapter 2
sections 2 and 3 of the regulation of the European Parliament and of the Council (EU) no 575/2013
the Bank, which is the only
and controlling domestic Bank) [section 26 d, paragraph 1 (b). l)],
(b)) controlling the Bank, but is not the controlling domestic Bank,
a responsible Bank in the Group of the financial holding of the person or responsible
the Bank, controlled by the mixed financial holding person [section 26 d (1)
(a). (b)) l), r) and t)], and a member of its consolidation unit is
the foreign bank, the foreign securities dealer that is not
the Bank or financial institutions which have their head office in a non-member
State,
(c) the responsible Bank in the Group) the financial holding of the person [section 26 d of paragraph 1.
1 (a). r)],
(d) a responsible Bank in the Group) a foreign bank that controls [section 26 d
paragraph. 1 (a). with)], or
(e)), the responsible Bank controlled by the mixed financial holding person [section
26 d of paragraph 1. 1 (a). t)].
Section 12d
The combined capital reserve
(1) the Bank continuously keeps the equity tier 1 capital according to the article. 50 of the regulation
The European Parliament and of the Council (EU) no 575/2013 in the amount corresponding to the
the combined capital reserve, over and above the capital requirements
According to the article. 92 of the European Parliament and of the Council (EU) no 575/2013
the capital requirements imposed on her through the corrective measures and
other measures provided for in this Act or other legislation and,
taking into account the internal capital.
(2) the combined capital reserve form
and security capital),
(b) the counter-cyclical capital reserve)
(c) capital reserve) to cover systemic risk.
(3) the Bank maintains the capital reserve pursuant to paragraph 2 (a). and (c))) up to the
individual and consolidated basis according to the part of the first head of the second
Regulation of the European Parliament and of the Council (EU) no 575/2013.
(4) if the Bank does not maintain a combined capital reserve in the
the amount may not split the proportion of profit after taxation, and within 5 working
days from the date, when the decrease in combined capital reserves under the
the rate of the Czech National Bank, shall submit a request for approval of a plan
to restore the capital. The Czech National Bank may extend this period up to
10 working days depending on the individual situation assessment
the Bank, taking into account the scale and complexity of its activities.
(5) the Czech National Bank plan to restore the capital referred to in paragraph 4
approve, if it can be expected that on the basis of this plan, the Bank in the
the prescribed period meets the combined capital reserve. If The Czech
the National Bank does not approve the renewal of the capital plan, measures to
the remedy under section 26(3). 2 (a). and point 12) or § 26 paragraph. 2 (a). (e)).
(6) the Czech National Bank establishes by Decree
and the rules for combined) capital reserve referred to in paragraph 1 and
capital reserve referred to in paragraph 2,
(b)), the rules for calculating the proportional part of the profit after taxation referred to in paragraph
4,
(c) the particulars of the plan to restore) of capital referred to in paragraph 4.
§ 12e
The rate of the security capital reserves
The rate of the security capital reserves amounts to 2.5% of the total volume of
risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the
The Council (EU) no 575/2013.
Countercyclical capital reserve
§ 12f
(1) calculated on a quarterly basis, the Czech National Bank indicative indicator
countercyclical capital buffers as a reference value, the
controls in the determination of rates of countercyclical capital reserves. This
the indicator is based on deviation the ratio of volume of loans and
the gross domestic product from a long-term trend.
(2) the Czech National Bank in the calculation of indicative indicators
countercyclical capital reserve account shall be taken, in particular, to the
and the credit cycle and growth) of the volume of provided loans in the Czech
Republic,
(b) the ratio changes) volume of loans and the gross domestic product,
(c) the specifics of the Czech national economy),
(d) the recommendation issued by the European Council) for systemic risks.
(3) the Czech National Bank on a quarterly basis provides a rate of countercyclical
capital reserves for the Czech Republic, taking into account the
indicative indicators) countercyclical capital reserves as calculated
referred to in paragraphs 1 and 2,
(b) the recommendation issued by the European Council) for systemic risks,
(c)), which may indicate the performance growth of systemic risk.
(4) the rate of countercyclical capital reserve referred to in paragraph 3 shall be
0% up to 2.5% of the total risk exposure according to the article. 92
paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013
multiples of 0.25 of a percentage point. In cases where it will be based on the
the facts referred to in paragraph 3, the reason, the Czech National Bank
lay down this rate higher than 2.5%.
(5) the Czech National Bank provides for measures of a general nature
and counter-cyclical capital reserve) rate for the Czech Republic in accordance with
paragraph 3,
(b)) a day on which banks are required to use the rate referred to in subparagraph (a))
for the purposes of the calculation of the combined capital reserves.
(6) When the first determination of the rate referred to in paragraph 5 (a). and) or
the increase in this rate may be the day referred to in paragraph 5 (a). (b)) was established
first 1 year after the date of issue of the measures of a general nature; in exceptional
cases, this period may be shorter. This does not apply if the rate according to the
paragraph 5 (a). and) reduces.
(7) the Czech National Bank in measures of a general nature shall
and the information referred to in paragraph 5),
(b)) the ratio of the volume of loans to gross domestic product of the Czech
Republic and the variance of the proportion of the long-term trend,
c) counter-cyclical capital reserve reference rate referred to in paragraphs 1 and
2,
(d)) of the rate referred to in paragraph 5 (a). and), including
all the factors that the Czech National Bank has taken into account in determining
This rate,
(e) the reasons for the shortening of the period), if the time limit referred to in paragraph 6 of the shorter
than 1 year,
f) tentative specified period, after which the Czech National Bank expects
the rate referred to in paragraph 5 (a). and justification) will not be increased, including the length of the
This period, when the rate was countercyclical capital reserves
reduced.
(8) the Czech National Bank shall coordinate the measures of a general nature, the term release
with the competent authorities, or by the designated authorities of other States.
§ 12 g
(1) the Bank shall apply the rate of countercyclical capital reserves for another
the Member State in which the level set by the competent authority or a designated authority
This member State ^ 29), if this rate was fixed up to 2.5
% of total risk exposure according to the article. paragraph 92. 3 of regulation
The European Parliament and of the Council (EU) no 575/2013.
(2) If the competent authority or a designated authority of another Member State
set the rate of countercyclical capital reserves higher than 2.5% from the
the total risk exposure according to the article. paragraph 92. 3 of regulation
The European Parliament and of the Council (EU) no 575/2013, the Czech National Bank
rate recognizes or establishes the rate of 2.5%. In this case, the Bank
uses the rate set by the Czech National Bank.
(3) the Czech National Bank provides for measures of a general nature
and counter-cyclical capital reserve) rate for another Member State pursuant to
paragraph 2,
(b) the name of the State) which applies the rate referred to in subparagraph (a)),
(c)) date from which the banks are obliged to use the rate referred to in subparagraph (a))
for the purposes of the calculation of the combined capital reserves.
(4) When the first determination of the rate referred to in paragraph 3 (b). and) or
the increase in this rate may be the day referred to in paragraph 3 (b). (c)) was established
first 1 year after the date of issue of the measures of a general nature; in exceptional
cases, this period may be shorter. This does not apply if the rate according to the
paragraph 3 (b). and) reduces.
(5) if the period referred to in paragraph 4 is less than 1 year, Czech National Bank
in measures of a general nature shall state the reasons for the shortening of the time limits.
section 72.
(1) the Bank shall apply the rate of countercyclical capital reserves for other than
the Member State in which the level determined by the authority of this State,
If this rate was fixed up to 2.5% of the total volume of
risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the
The Council (EU) no 575/2013.
(2) if the competent authority of a Member State other than the stipulated rate
countercyclical capital reserve less than 2.5% of the total volume of
risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the
The Council (EU) no 575/2013, the Czech National Bank may increase the rate of up to
2.5%, if it considers it necessary in terms of the risks associated with the volume
granted loans in that State. In this case, the Bank shall apply
the rate set by the Czech National Bank.
(3) if the competent authority of a Member State other than the stipulated rate
countercyclical capital reserves higher than 2.5% of the total volume of
risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the
The Council (EU) no 575/2013, the Czech National Bank recognised or accepted this rate
rate of 2.5%. In this case, the Bank shall apply the rate provided for
The Czech National Bank.
(4) if the competent authority of a Member State other than the rate
countercyclical capital buffers determined, the Czech National Bank may
This rate set up to 2.5% of the total risk exposure
According to the article. paragraph 92. 3 regulation of the European Parliament and of the Council (EU) No.
575/2013. In this case, the Bank shall apply the rate provided for the Czech
the National Bank.
(5) the Czech National Bank in determining rates of countercyclical capital
reserves under paragraphs 2 to 4 shall take into account the recommendations issued by the European
the Council for system risks.
(6) the Czech National Bank provides for measures of a general nature
and counter-cyclical capital reserve) rate for other than the Member State
in accordance with paragraphs 2 to 4,
(b) the name of the State) which applies the rate referred to in subparagraph (a)),
(c)) date from which the banks are obliged to use the rate referred to in subparagraph (a))
for the purposes of the calculation of the combined capital reserves.
(7) When the first determination of the rate referred to in paragraph 6 (a). and) or
the increase in this rate may be the day referred to in paragraph 6 (a). (c)) was established
first 1 year after the date of issue of the measures of a general nature; in exceptional
cases, this period may be shorter. This does not apply if the rate according to the
paragraph 6 (a). and) reduces.
(8) the Czech National Bank in measures of a general nature justifying the rate
in accordance with paragraph 6 (a). and), and if the period referred to in paragraph 7 is less than 1
year, the Czech National Bank, giving the reasons for the shortening of the time limits.
The capital reserve to cover systemic risk
section 12i
(1) the Czech National Bank may provide to banks, a group of generically
the designated banks or individual bank continuously maintain capital
reserve to cover systemic risk to the individual and consolidated
the basis of the second part of the first head, by the regulation of the European Parliament and of the
The Council (EU) no 575/2013, and above the capital requirements under article. 92
This regulation, capital requirements imposed by the Bank through
measures to redress and other measures under this Act or any other
legislation and taking into account the internal capital.
(2) the Czech National Bank establishes the rate of capital reserves to cover
systemic risk for exposures that are located in the Czech Republic in the amount of
at least 1% of the total risk exposure according to the article. paragraph 92. 3
Regulation of the European Parliament and of the Council (EU) no 575/2013 in increments of 0.5
percentage point, while this rate may also be laid down for exposures
located in another Member State or a non-Member State. Czech
the National Bank takes into account when setting rates to above rates
not have an adverse impact on the financial market as a whole or in part in the
other Member States of the European Union or of the European Union and has not been
an obstacle to the functioning of the single market. The Czech National Bank
reviewing the reasons for the determination of capital reserves to cover
systemic risk at least once every 2 years.
(3) the Czech National Bank establishes the decision or measures of General
the nature of the
and) rate capital reserves to cover systemic risk, in accordance with paragraphs
1 and 2,
(b)) the data needed to identify a bank is required to maintain
the capital reserve to cover systemic risk,
(c)) the date from which the bank concerned is obliged to rate referred to in subparagraph (a))
use,
(d)) names of States, covered by the rate under (a)).
section 12j
(1) the Czech National Bank shall notify the intention to determine the rate of capital reserves
to cover systemic risk, the European Commission, the European authority for the
the banking sector, the European Council for system risks and the competent authorities of the
or the designated authorities of the States concerned.
(2) the notification referred to in paragraph 1 shall include the
and) rate capital reserves to cover systemic risk,
(b) a description of the system or a macro-prudential) risks,
(c)) the rate referred to in subparagraph (a)), given the extent of the system
or a macro-prudential risks and threats to the stability of the financial
the system in the Czech Republic,
(d)) of the rate referred to in subparagraph (a)) in terms of its effectiveness and
the adequacy of the system of macro-prudential risk, mitigate or,
(e)) justification the efficiency and adequacy of the amount of the rates referred to in point (a))
relative to the other existing measures applicable under this
law and regulation of the European Parliament and of the Council (EU) no 575/2013
exception of articles 458 and 459 of this regulation,
(f) assessment of the likely) positive and negative impacts of the establishment of
capital reserves to cover systemic risk to the single market of the European
the Union on the basis of the information available to the Czech National Bank.
(3) If the Czech National Bank intends to determine the rate of capital reserves
to cover systemic risk in the amount of 5% of the total volume of risk
exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council
(EU) no 575/2013, shall notify the intention referred to in paragraph 1 not later than 1 month
prior to the date of issue of the decision or action of a general nature referred to in section 12i
paragraph. 3. If the Czech National Bank intends to determine the rate of capital
reserve to cover systemic risk more than 5% of the total volume of
risk exposure according to the article. paragraph 92. 3 regulation of the European Parliament and the
The Council (EU) no 575/2013, shall notify the intention referred to in paragraph 1, and
decisions or measures of a general nature referred to in section paragraph 12i. 3 shall only be granted in the
following the European regulations or decisions of the Commission.
(4) If the Czech National Bank intends to determine the rate of capital reserves
to cover systemic risk in the amount of 5% of the total volume of risk
exposure referred to in article. paragraph 92. 3 regulation of the European Parliament and of the Council
(EU) no 575/2013 for exposures situated in other Member States, must
be the rate of the capital reserves to cover systemic risk is the same for
all the Member States.
(5) the Czech National Bank may ask the European Council for system
the risk, in order for the competent authorities or the authorities designated by other Member
States issued a recommendation to recognise the rate of capital reserves to cover
systemic risk set by the Czech National Bank for the Czech
the Republic.
(6) If the Czech National Bank intends to determine the rate of capital reserves
to cover systemic risk is higher than 3% and less than or equal to 5% of the
the total risk exposure according to the article. paragraph 92. 3 of regulation
The European Parliament and of the Council (EU) no 575/2013, before issuing the
decisions or measures of a general nature referred to in section paragraph 12i. 3 the opinion of the
Of the European Commission. If the Czech National Bank opinion of the European Commission
does not pass, the reasons which have led it to do so.
(7) If the Czech National Bank intends to determine the rate of capital reserves
to cover systemic risk is higher than 3% and less than or equal to 5% of the
the total risk exposure according to the article. paragraph 92. 3 of regulation
The European Parliament and of the Council (EU) no 575/2013 for the Bank, whose
controlling person has its registered office in another Member State, and the Czech National Bank
and the competent authorities, or the authorities designated by the Member State concerned shall
disagree, or in the case where the opinions of the European Commission and the European
the Council for system risks are ' no ', the Czech National Bank may
refer the matter for decision to the European banking authority in accordance with
directly applicable provision of the European Union relating to the supervision of the
the financial market in the area of banking ^ 28). The Czech National Bank
decisions or measures of a general nature referred to in section paragraph 12i. 3,
until in the matter unless the European banking authority.
§ 12 k
(1) If the competent authority or a designated authority of another Member State
set for that Member State, the rate of capital reserves to cover
systemic risk, the Czech National Bank rate for the purposes of calculating
capital reserves to cover systemic risk and decision or
measures of a general nature referred to in section paragraph 12i. 3 this rate. Czech
the National Bank before setting the rates take into account the information referred to in
notification to the competent authority of the Member State concerned.
(2) the Czech National Bank shall notify the recognition rates referred to in paragraph 1 of the European
the Commission, the European banking authority, the European Council for system
the risks and the competent or designated authority of the Member State.
§ 12 l
(1) when issuing the measures of a general nature referred to in section 12f to 12i section 172 and section
paragraph 173. 1 of the administrative code shall not apply. Measures of a general nature shall notify the
The Czech National Bank in a manner enabling remote access. Measures
of a general nature shall enter into force on the date of publication. If the disclosure of
justification the measures of a general nature issued pursuant to section 12i paragraph. 3 threaten
the stability of the financial system of the States concerned, the Czech National Bank
reasons not to publish.
(2) Against the measures of a general nature issued by the Bank or branch
foreign banks to submit a written reasoned objections within the time limit to 10
working days from the date of its notification. Lodged objection shall execute the Czech
National Bank of communication. Lodged objection may take advantage of the Czech National Bank
as a basis for the amendment or cancellation of the issued the measures of a general nature.
(3) the Czech National Bank will publish the final decision under section 12i
paragraph. 3 in a manner enabling remote access. If the disclosure of
reasons for the decision would jeopardize the stability of the financial system of the concerned
States, the Czech National Bank to disclose reasons.
§ 12 m
paid
§ 12n
paid
the title of the paid
§ 120s
paid
§ 12 p
paid
§ 12q
paid
the title of the paid
§ 12r
paid
§ 12s
paid
§ 12t
paid
§ 12u
paid
§ 12v
paid
§ 12w
paid
§ 12 x
paid
section 13
(1) a branch of the Bank other than the Member State complies with the rules
limit the amount of assets and off-balance sheet items to the person or group
persons depending on the capital. These rules include, in particular, the definition of
large exposures, the method of determining their values, ensure
eligible for the calculation of the exposures, exposures, which can be used to exclude
for the purposes of monitoring limits, and limits on large exposures.
(2) the Czech National Bank establishes by Decree the rules referred to in paragraph 1.
§ 14
(1) a branch of the Bank other than the Member State maintains a permanently
ability to pay. A branch of the Bank of the Member State other than the
shall comply with established rules of liquidity and safe operation;
These rules can edit in particular
and the minimum amount of liquid funds), or a group of these
the funds in relation to assets or in relation to the pasívům, where appropriate, to
the group, of assets or liabilities;
(b)) the limits and conditions for certain types of loans or investments, deposits,
guarantees and commitments;
(c)) and the assessment of the acquisition, financing, assets;
d) restrictions and conditions for monetary position.
(2) the Bank shall be obliged to observe the rules referred to in paragraph 1 (b). (b))
(d)).
(3) the Czech National Bank establishes by Decree the rules referred to in paragraph 1 for the
the Bank and subsidiaries of banks from other than the Member States.
§ 15
(1) by a decree of the Czech National Bank establishes the rules of procedure in accordance with § 12.
(2) the Czech National Bank adjusts in the Decree, which is empowered to issue a
According to the § 11a paragraph. 6, section 12a paragraph. 4, section 13 (3). 2 and § 14 paragraph. 3,
rules and requirements for the operation of bank branches from other than the Member
the States in a manner comparable with the adjustment of these rules and requirements directly
the applicable law of the European Union governing the prudential
the requirements.
section 16 of the
(1) the Bank shall have the prior consent of the Czech National Bank
and to the conclusion of the contract) on the basis of experience to any available
with the business or its parts,
(b)) to the General Assembly decision on the cancellation of the Bank,
(c)) the merger or Division of a Bank, or a transfer of assets to the Bank as
Companion,
(d)) to reduce the share capital of the Bank is to reduce
the share capital of the Bank to cover the loss,
(e)) to the General Assembly resolution under section 7a of the paragraph. 1 (a). (c)).
The legal acts and resolutions of the general meeting taken without the required
prior consent is invalid. A participant in the proceedings for grant
prior consent is only requesting the Bank; the parties to this proceeding
they are also the second Contracting Party, when provided with the business establishment or
its parts according to subparagraph (a)), more interested in joint-stock company
merger or Division or the receiving partner in transfer of assets under
subparagraph (c)).
(2) the Bank is obliged to inform the Czech National Bank
and about the planned change to the articles of Association) concerning the facts, which must be in the
the statutes listed based on the requirement of the law,
(b)) about the personnel changes in the statutory authority, the Management Board and
the Supervisory Board, including the submission of documents necessary for the assessment of
their professional competence, integrity and experience,
(c)) of the intention to establish a legal entity in the foreign country or the
participate in shares.
(3) the provisions of paragraph 1 (b). (b)), and (c)) shall not prejudice the provisions of the
special regulation. ^ 4)
(4) the Bank may transfer its business only on race
and another bank)
(b)), the Bank, based in the territory of a Member State, which operates on the territory of the
The Czech Republic through its branch offices,
(c) the foreign bank) executing on the territory of the Czech Republic Bank
activities through its subsidiaries on the basis of a licence pursuant to § 5,
If a foreign bank proves that the system of insurance claims from the
the deposits, which are deposits being transferred in the context of the sale of the commercial plant
will cover, guarantees at least the same degree of entitled persons
protection, which have enjoyed under this Act;
for the leasing of a commercial plant of the Bank shall apply the letters and) to c) by analogy.
(5) the Bank may transfer its business race also on a joint stock company,
the sole shareholder is the Czech Republic, if this stock
the company meets the requirement of a minimum amount of share capital under section
4 (4). 1 (hereinafter referred to as the "Bank of the special designation"). Special-purpose Bank
meets the conditions for the granting of a licence pursuant to section 4, paragraph 4. 5 If the Czech
the National Bank has granted prior consent to the conclusion of the contract on the transfer of
commercial plant on the Bank of the special destination; in this case, her Czech
the National Bank shall grant a license to the extent of the activities of the Bank, which allowed
It converts the sales race. Special purpose, the Bank shall not
to carry out the activities referred to in the licence before the date of entry into force of
Treaty on the transfer of the business of the plant, while the contract on the transfer
commercial plant can take effect as soon as possible on the date of grant of the licence
Special-purpose Bank.
(6) the date of entry into force of the Treaty on the transfer of the business of the Bank, race
that race has transferred, repealed and shall enter into liquidation.
section 16a
(1) the Bank shall be obliged to inform, in writing, of the intention of the Czech National Bank
Open a branch or representative office abroad, of the intention to provide services
abroad without the Foundation of a branch and any discriminatory
measures of the State on whose territory the branch or representative office abroad
Act or to act or in whose territory they are or are to be
provision of services without establishing a branch.
(2) the Bank shall proceed in the event of intent to open a branch or provide
services without establishing a branch in a Member State in accordance with § 5 c up to 5 m.
The same applies in the case of intent to provide the services according to § 5 d
through legitimate financial institutions meeting the conditions provided for in §
paragraph 5e. 1, which will provide services through their subsidiaries
or without the Foundation of a branch. After receipt of the notification of the intention to open
a branch of the Bank or authorized financial institutions abroad decides
The Czech National Bank in administrative proceedings, if the conditions are met
the European Union laid down the law for such cases under section 5 c up to 5 m.
(3) if the Czech National Bank in administrative proceedings decides that
the conditions set by the law of the European Union for these cases in accordance with § 5 c to
5 m are not met, the decision is judicially reviewable.
(4) the Czech National Bank in exercising supervision over the Bank which carries out
activity on the territory of another Member State through a branch,
into account when drawing up the plan surveillance investigation under section 25e
the information obtained by the supervisory authority of that Member State when checking
on the spot.
section 16b
(1) a foreign bank with head offices in another territory than the territory of the Member
State, that carries on the business of banking in the Czech Republic
through its subsidiaries, is obliged to inform the Czech National Bank
without undue delay on the
and proposals for personnel changes) in the management of the branch and to this
information, submit the documents necessary for the assessment of their professional
competence, integrity and experience,
(b) any changes in the data) and the facts stated in the application for
license submitted in connection with the establishment of this branch in the Czech
Republic,
(c) the reduction of financial resources provided) this branch under section 5 (3).
4 (b). and)
(d)) the facts and the decisions that have an impact on the operation of this
branch or directly related to, in particular, of the intention to cancel this branch
or sell part of the business of the plant, which is part of this branch,
e) change their articles of Association,
(f)) its adverse financial situation that could affect the operation of
This branch,
g) extraordinary situation on the financial market of the country of your residence, including
such unfavourable developments on this market, which could
endanger the liquidity of this market or the stability of the financial
the system.
(2) a foreign bank with head offices in another territory than the territory of the Member
State, that carries on the business of banking in the Czech Republic
through its subsidiaries, is obliged to inform about the release of the decision of the
bankruptcy and bankruptcy on this branch of the supervisory authority of the country of
the headquarters of foreign banks.
§ 17
(1) the Bank may acquire a stake in another legal person, establish a different
a legal person or to participate in its formation, if
and) happen a member having unlimited liability,
(b)) it's not about a person who has a qualifying holding in a Bank, unless the
as for the participating securities held by that person in the short term in order to
trading and the Bank shall comply with the rules for the acquisition, financing and
the assessment of the assets provided for the Czech National Bank pursuant to § 14 paragraph. 1
(a). (c)),
(c)) are not legal or other obstacles to providing information to this
the person of the Bank and for the provision of such information by the Bank for the purposes of
supervision over the activities of the Bank and the transparency is preserved of the consolidation
a whole, the Bank is a member of, and a close link in the framework of the consolidation
unit does not prevent the exercise of supervision over the activities of the Bank, or
(d)) of the investment is in line with the overall strategy of the Bank and the Bank shall be governed by the
the risks associated with this investment, especially from the point of view of any of the obligations
the Bank arising from it.
(2) the Bank shall be obliged to notify without undue delay the Czech National Bank
the acquisition of a qualifying holding. At the request of the Czech National Bank is obliged to
to demonstrate compliance with the conditions referred to in paragraph 1.
(3) the Percentage share of indirect means (section 17a (1)) or the sum of the
indirect shares.
§ 17a
(1) Indirect share means a share held by a person or
persons that are controlled.
(2) the financial institution for the purposes of this Act, means the financial
the institution referred to in article. 4 (4). 1, point 26 of the regulation of the European Parliament and of the
The Council (EU) no 575/2013.
(3) Institutions for the purposes of this Act shall mean a credit institution according to the
article. 4 (4). 1, point 1, and the investment firm in accordance with article. 4 (4). 1 point 2
Regulation of the European Parliament and of the Council (EU) no 575/2013.
(4) qualifying holding shall for the purposes of this Act, means the
qualified participation by the article. 4 (4). 1, point 36 of the regulation of the European
Parliament and of the Council (EU) no 575/2013.
(5) for the purposes of calculating the qualified participation by the Bank will be included and
shares in the capital or of the voting rights,
and at the disposal of another person), acting in concert with the person referred to
in section 20 (2). 3,
(b)) that a person referred to in section 20 (2). 3 the possibility of temporarily
have for consideration,
(c)) that were the person referred to in section 20 (2). 3 provided as collateral
If such person shall publish a statement that this will be the voting rights
exercise,
(d)) to which the person referred to in section 20 (2). 3 lifetime exploitation right,
e) held within the meaning of the letters and) to (d)) a person controlled by a person
referred to in section 20 (2). 3,
(f)) that a person referred to in section 20 (2). 3 manages, holds or are
for her, if she were not given specific instructions by the owner
regarding the voting,
(g)) that has the option in its own name on behalf of a person referred to in section 20 (2). 3
carry out the other person, or
(h)) that are exercised by a person referred to in section 20 (2). 3 on the basis of full
to be able to, if this law can exercise at its discretion, and if it
were not the principal granted any special instructions on how to vote.
(6) in the calculation of the proportion of the voting rights arising from the participation in the
the Bank shall not be counted voting rights from the participating securities
relating to the securities that the Bank or the person who has
the permissions of another Member State to act as a Bank, in their able to
direct connection with the underwriting, or placement of securities ^ 4b)
If it does not exercise the voting rights or in any other way does not interfere with
the management of the issuer of such securities, and if these securities
steals up to 1 year from the date of their acquisition.
(7) the market maker under the law governing business on the capital market
the proportion of the voting rights arising from the participation of the Bank
not voting rights which do not exceed the proportion of 5% of the
all voting rights of the Bank, if this does not exercise the voting rights
or in any other way does not interfere with the management of the Bank.
(8) the person controlling a person who has the authorization to the asset management
customers under the law governing business on the capital market, or
a foreign person who has the authorization of another Member State to
the provision of investment services, similar to the proportion of the voting rights
arising from the participation of the Bank's voting shares shall not be counted
the rights that apply to the property that manages the controlled
person, if
and) controlled the voting rights exercised only in accordance with written
the customer's order, or
(b)) controlling person does not intervene in any way in the exercise of these
of the voting rights.
(9) the controlling person or investment fund managers
foreign investment fund into the share of voting rights
arising from participation in the Bank not voting rights which are
associated with the assets in investment funds and foreign investment
funds, which manages the controlled person, when a controlling
the person does not intervene in any way in the exercise of such voting rights.
(10) the conditions referred to in paragraph 7 or 8 applies to the controlling person
only if you send without undue delay of the Czech National Bank
and data on the controlled person) referred to in paragraph 8 or 9, indicating the
authorities, which shall be subject to surveillance,
(b)) Declaration of compliance with the conditions laid down in paragraph 8 or 9 and
(c)) changes in information referred to in point (a)) or changes in the Declaration
referred to in point (a) (b)).
(11) the controlling person referred to in paragraph 7 or 8 at the request of the Czech national
the Bank shall, without undue delay,
and the controlling person and the controlled) a person has the organizational arrangement
the voting rights are exercised in accordance with paragraph 8 of the
(a). (b)) or paragraph 9,
(b)), when a controlling person is a customer controlled person from
written documentation shows that their relationship is usually the contact with
other customers.
(12) the ancillary services, for the purposes of this Act, means the undertaking
auxiliary services according to the article. 4 (4). 1 section 18 of the regulation of the European
Parliament and of the Council (EU) no 575/2013.
section 18
(1) the Bank shall be carried out with persons that have a special relationship to it (section
19), shops, which due to their nature, intended purpose or risk would not be
made with other clients. A branch of the Bank, other than a member of
the State must be carried out with persons that to her or to the foreign bank
they have a special relationship (section 19), which due to their nature,
the purpose of risk have been made with other clients.
(2) the Bank provides credits to persons referred to in paragraph 1 or to ensure the
commitments, only if the decision about the Board of directors or the Management Board of the Bank
on the basis of the analysis of the relevant banking business and financial situation
of the applicant. A branch of the Bank other than the Member State provides persons
referred to in paragraph 1 or provide loans commitments only if the decision about the
the statutory authority of the foreign bank or other authority or person,
This statutory authority has determined, on the basis of the analysis of the relevant
the Bank of Commerce and the financial situation of the applicant.
§ 19
(1) persons that have a special relationship to the Bank, for the purposes of this
the law shall be deemed to
and the members of the statutory body of the Bank);
(b)) and the members of the Board of the Supervisory Board of the Bank and the members of the Committee for
^ 25) audit, risk, remuneration and appointment;
(c) the person controlling a Bank) of the person with a qualifying holding in these
persons and members of the management of such persons;
(d)) of the person in the members of the statutory body of the Bank, to the members of the Management Board and
members of the Supervisory Board of the Bank, to the members of the audit committee, risk, reward
and the appointment of persons controlling the Bank;
(e)) of a legal person in which any of the persons referred to in subparagraphs)
(b)), and (c)) is the qualified participation ";
(f)) of a person with a qualified interest in the Bank and any person they
controlled;
(g)), the members of the Czech National Bank;
h) persons who controls the Bank.
(2) The foreign bank headquartered in another territory than the territory of the Member
the State, which carries out banking activities on the territory of the Czech Republic
through its branch offices, and this branch shall apply paragraph 1
mutatis mutandis. For a person having a special relationship to the branch for the purposes of
This law shall be considered as persons in the management of the branch.
§ 19a
(1) transactions with securities and trades with the rights associated with the securities
papers or deriving from securities by a special Act on ^ 5a)
own account or from your assets, the Bank may only be carried out for the
the most favourable conditions for the Bank, in particular, at the best price,
that can be achieved when incurring professional care.
(2) spending of professional care in particular, the evidence of the Bank by
and for the individual) sales, purchases and other deals compares deals
prices, or evidence of, or the inability to assess the appropriateness of multiple menus,
(b) the method of trade execution) documents, checks the objectivity
registered data and avoids the risk of their own financial losses,
(c) economic benefit analysis) deals from the publicly available
information,
(d)) shall draw up the investment and trade strategy, which are the basis for the
the implementation of the operations.
(3) the Bank is incurring the professional care and in particular the implementation of the
shops in the context of automated trading systems, where appropriate, other
However, the way in which the Bank must be able to demonstrate, in particular, the reasons for
advantages of this procedure for the Bank and its clients.
(4) the provisions of paragraphs 1 to 3 shall also apply to a branch of the Bank from another
than the Member State.
§ 19b
(1) the Bank is required to avoid when implementing the deals with investment
the use of the tools of the information obtained in the context of its credit
shops and vice versa.
(2) to comply with the obligations referred to in paragraph 1, the Bank is obliged to
in particular, make in their organizational, management and control system
measures to ensure credit department stores and shops
investment instruments.
(3) the Credit trades means activities relating to the provision of credit
and warranties.
(4) the provisions of paragraphs 1 to 3 shall also apply to a branch of the Bank from another
than the Member State.
section 20
(1) the Bank may issue shares which carry voting rights only
as book-entry shares.
(2) in addition to the shares to which voting rights are attached, can be the Bank
issued preferred shares. With those shares, however, is not linked to the voting
the right, even in cases where the law governing legal relations
commercial companies and cooperatives provides otherwise.
(3) the person or persons acting in concert, must have the approval of the Czech
the National Bank of
and the acquisition of a qualifying holding) to the Bank,
(b)) to increase skilled attendance at the Bank so that it reaches or
exceed 20%, 30% or 50% or
(c)) to have become the persons controlling the Bank, even if
that these persons voting rights associated with the shares of the Bank thus participation
do not exercise; nevykonáváním voting rights, there is no change in the share
the voting rights of those or other persons.
(4) the Czech National Bank not later than 2 working days from the date of receipt of the
the request for approval referred to in paragraph 3, in writing, the applicant confirms its
adoption and shall inform it of the date on the end of the time limit for
examination of the application provided for in paragraph 6. The request contains the information about the person
or persons intending to acquire or increase a qualifying holding on
the Bank or the Bank to dominate, the particulars of the Bank, which is supposed to be this participation
acquired, enhanced or to be ovládnuta, an indication of the total amount of
share the applicant on this Bank of the acquisition or increase of qualifying
participation reaches or gets control of the data of the person, and that the share of the
the applicant converts. To the application, the applicant shall be accompanied by the documents necessary for
examination of the application in terms of compliance with the conditions referred to in paragraph 9.
A request for approval may be made only on the prescribed form, to the
that the applicant shall be accompanied by documents certifying the compliance with the conditions referred to
in paragraph 9. The patterns of the forms and content of their annexes provides Czech
the National Bank by Decree.
(5) the Czech National Bank requests the opinion of the supervisory authority of another
the Member State of the European Union after the adoption of the request for consent in the
the cases referred to in paragraph 3, if a person with a qualified
the participation of the person, which consent is sought, is the person who has
the authorization of the supervisory authority of the Member State to act as a Bank,
insurance undertaking, reinsurance undertaking, investment firm or supplier
investment services, or controlling person of such persons.
(6) if the application is incomplete, or if you suffer from other disabilities, Czech
the National Bank no later than 50. the day of the time limit laid down in paragraph 7
in writing ask the applicant to eliminate the deficiencies of the application, where appropriate, to
the submission of further information necessary for the examination of the application, and
receipt of the information requested by the applicant, in writing, the Czech National Bank
confirm the time limit referred to in paragraph 4. The date of dispatch of the invitation to run
the time limits laid down in paragraph 7 shall be discontinued, and for a maximum period of 20
working days. The time limit laid down in paragraph 7 shall be interrupted until the
a period of 30 working days if the applicant
and) has their residence or place of business in a State which is not
Member State, or
(b) is not subject to the supervision authority) Member State of the European Union
executing the supervision of banks, insurance undertakings, reinsurance undertakings,
investment services providers or foreign obhospodařovateli
investment funds.
(7) the Czech National Bank shall issue a decision on the application within 60
working days from the date of dispatch of the written acknowledgement of receipt of the application
in accordance with paragraph 3. If the Czech National Bank decision within this period
does not apply, that the approval was granted. This does not apply in the case of a request for
consent filed pursuant to paragraph 12.
(8) the Czech National Bank in assessing the application examines only the fulfilment of the
the conditions referred to in paragraph 9 and no to economic
the needs of the market.
(9) the Czech National Bank request if, in terms of the potential impact
on the performance of the activities of the Bank are subject to the following conditions:
and) persons asking for consent, are trusted,
(b)) of the person, which are designed for the members of the statutory body, the members of the
the Management Board, the members of the Supervisory Board, and the person in the top management of the Bank,
the powerful features in the Bank and are responsible for the management of the Bank
its day-to-day management, without any apparent doubt fulfil the condition
trust, professional competence and experience,
c) sufficient volume, the transparency of the origin and safety of financial resources
of the applicant in relation to the activities carried out and planned in the Bank,
(d)), the Bank will continue to be able to fulfil prudential rules on the
individual and consolidated basis,
(e)) the structure of the consolidated Group, to which the Bank is to be included,
do not prevent the effective supervision of the Bank, effective exchange of information between the
The Czech National Bank and the supervisory authority of another Member State, that
exercises supervision over the financial market, or neznesnadňuje performance
the scope of individual institutions, supervision of the consolidation and total
persons included in the consolidated Group, and
(f)) in connection with the proposed acquisition or increase of qualifying
participation in the Bank not the reasonable grounds for concern that it could lead to violations of
the law governing the measures against the legalization of proceeds of crime
and the financing of terrorism, or that such a violation has occurred.
(10) If the Czech National Bank in considering requests for consent finds
that the conditions referred to in paragraph 9 are not complied with, and consent cannot be granted,
It shall inform the applicant in writing of the findings within 2 working days from the date of
making this determination. The Czech National Bank may justify negative
decision on the application for consent to publish, at the request of the applicant, or
even without this request.
(11) a person who without the prior consent of the Czech National Bank takes
or increase a qualifying holding in a bank or dominate it, is required to
inform about this fact immediately to the Czech National Bank and without
undue delay, it may request the consent referred to in paragraph 3.
(12) the Approval referred to in paragraph 11 in cases of particular interest
of grant and subsequently.
(13) the acquisition or increase of a qualifying holding in a bank or its
domination without the prior consent of the Czech National Bank does not result in
annulment of a legal act, on the basis of which these changes in
holdings in the Bank, but the voting rights associated with acquired
participation may be exercised, and that the grant of this consent.
(14) the decision on the request of the Czech National Bank
and may limit the period for) the acquisition of the participation referred to in paragraph 3,
(b) the conclusions arising from) opinions, who received the procedure
According to paragraph 5, before the release of the decision.
(15) the person, or persons acting in concert, without undue delay, notify the
The Czech National Bank,
and reduce your qualified participation) in the Bank so that it drops below 50%,
30% or 20% or completely cease, or
(b) reduce their qualifying holdings) to the Bank, so that it ceases to
control.
(16) the notification referred to in paragraph 15 contains the information about the person or persons
reducing or pozbývajících your qualified participation in the Bank or
about a person or persons přestávajících to control it, the information about the Bank, which
This participation is reduced or pozbyta or which ceases to be controlled,
the total amount of the share of the Bank after its reduction and information about
the person or persons who share the Bank acquire or increase.
(17) the Bank is obliged to inform in writing all of the Czech National Bank
the changes, if these changes shall be subject to the procedure referred to in paragraph 3 or 15, and
immediately after the findings of facts.
(18) the Bank, whose shares are admitted to trading on a regulated market,
be notified at least once a year, the Czech National Bank names or the names of their
the shareholders possessing qualifying holdings and the sizes of such holdings.
section 20a
(1) in the cases where the participation of the Bank was acquired without the prior
the Czech National Bank's consent under section 20 (2). 3 or after the time limit referred to in section
20 (2). 14 and has not been granted consent pursuant to section 20 (2). 12, and also in the
where a person fails to comply with the obligation of notification under section 20 (2). 11
or the Czech National Bank finds that the action of the person or persons
qualified through the participation at the Bank is prejudicial to the proper and prudent
the business of the Bank, or can be reasonably expected of such action, Czech
the National Bank in the administrative procedure shall be suspended to the owner of the shares, which has itself
or acting in concert with another person by a qualified participation on the Bank,
the exercise of these shareholders ' rights:
and to participate in and vote) the general meeting,
(b)) request the convening of the general meeting.
You can only suspend the exercise of all those rights. Appeal
against the decision on the suspension of the shareholder's rights does not have the
suspensory effect.
(2) in cases when the Bank is controlled by section 20 (2). 3 (b). (c))
the prior consent of the Czech National Bank or after the time limit referred to in section 20 (2).
11 and has not been granted consent pursuant to section 20 (2). 12, and also in cases where the
The Czech National Bank finds that the action of the management person is prejudicial to the proper
and prudent business bank, where appropriate, such action can be reasonably
expect the Czech National Bank in the administrative procedure to suspend the effectiveness of the
the Treaty that allows the management of the Bank as the controlled persons controlling person and saves
the Bank terminate relationship based this Treaty at the earliest possible time,
by this Treaty, the civil code or other legal
prescription. The provisions of section 26aa paragraph. 2 shall apply mutatis mutandis. The decision on the
suspension control of the contract shall be published by the Czech National Bank in
the business journal.
(3) the Bank shall be obliged to submit a listing of all of the Czech National Bank
the shareholders and the managers from the issue of shares of the Bank, acquired at the date of 7 days
preceding the date of the general meeting. This statement must be delivered by the Bank
The Czech National Bank not later than 6 days prior to the general meeting. Czech
the National Bank shall approve the list of the shareholders referred to in issue statement
shares of the Bank or in their written comments to the statement from the issues of shares of the Bank,
marks without undue delay, those shareholders, which was previously
suspended their shareholder rights, which leads the administrative management
on the suspension of the shareholder's rights, or that the newly-found a reason
for the suspension of the shareholder's rights, and the listing, along with his expression of
Returns to the Bank no later than the day preceding the date of the general meeting.
(4) the Bank shall not allow the participation in the general meeting of the person tagged Czech
the National Bank, in its observations to the statement from the issue of shares of the Bank in accordance with
paragraph 3, as well as the participation of the persons, other than those mentioned in the excerpt from the issue of shares
Bank or of persons empowered by these persons. If the Czech National Bank
in its comments to the statement from the issues of shares of the Bank shall identify the person at that
the newly found the reasons for the suspension of the shareholder's rights,
initiated administrative proceedings referred to in paragraph 1, if designated by the shareholder
There was no administrative proceedings in the same matter already started, with the designation
This person has the effects of preliminary measures. ^ 11)
(5) Without the written submissions of the Czech National Bank to extract from the issue of shares
the Bank is the Bank's general meeting may not take place.
(6) the Czech National Bank may propose that the Court said under the conditions of
established a special law the nullity of the resolution of the General
meeting of the Bank, if it is in conflict with the law or the statutes.
(7) as a result of the fact that the owner of the shares has been suspended, the shareholder
the rights referred to in paragraph 1, there is no change in the share of the voting
the rights of shareholders or other persons.
(8) the central depository ^ 1b) is obliged to provide, on request, at any time
The Czech National Bank statement from the issues of shares of the Bank with an indication of any
the owners of the shares of the Bank, and even if it leads to the central depository of these
shares of the customer account.
§ 20b
(1) the Czech National Bank leads the Bank, which is a participant in a payment
the system operated by the Czech National Bank, the interbank account
payments in Czech Crowns. Account of the interbank payment
contact cannot be subject to enforcement or interim measures.
(2) the provisions of paragraph 1 shall also apply to branches of foreign banks.
§ 20 c
(1) if the Bank or savings and loan cooperative in the Czech
the Republic of nezúčtovaly the amount of the payment transaction in the Czech currency or
from taking over the Bank in accordance with the command of the client and caused by
incorrect execution of the payment transaction, the Bank, which leads the account
an unauthorized recipient, shall, on the initiative of the Bank or savings and
credit cooperatives, which the incorrect execution of the payment transaction
caused, to write off from this account to reimburse the amount incorrectly and take it
Bank or spořitelnímu and the úvěrnímu team, that incorrect transposition
payment transactions, to remedy the defective payment
transaction in accordance with the law governing payment transactions, and
Bank may indicate an unauthorized recipient account to the State in which the
If the incorrect execution of the payment transaction had not taken place (hereinafter referred to as
"the corrective settlement").
(2) the complaint referred to in paragraph 1 can be put within 3 months from the date of inception of the errors in the
as a result of an improper execution of the payment transaction.
(3) the Provisions of settlement accounts of administrators to bear the taxes shall not be admitted; the Bank,
that caused incorrect execution of payment transactions, requests
reimbursement of the amount of the relevant tax authorities.
(4) the provisions of paragraphs 1 to 3 shall also apply to branches of foreign
banks.
§ 20 d
(1) the Czech National Bank may issue the measures of a general nature on the basis of, and
within the limits of the regulation directly applicable European Union legislation
prudential requirements, where this is a directly applicable provision
allows the competent authority to grant an exemption or edit the use
the rules for banks, or a group of generically designated banks.
(2) a draft of the measures of a general nature will be published only on the official notice board
The Czech National Bank. Held a public hearing to the proposal of measures
the general nature of the Czech National Bank shall notify the time and place of the holding of the
the notice board of the Czech National Bank.
(3) Measures of a general nature shall enter into force on the day of its publication in the official
the Czech National Bank Board.
(4) measures of a general nature Against issued may submit written
reasoned objections only banks or branches of foreign banks, and in the
the deadline of 10 working days from the date of its publication. Lodged objections
ended, the Czech National Bank's communication. Lodged objections to the Czech national
the Bank used as a basis for the amendment or cancellation of the issued actions
of a general nature.
PART THE FIFTH
Accounting and business documentation
section 21
(1) a Bank, as well as a branch of a foreign bank is required to keep accounts
under the special law. ^ 6)
(2) the Bank and the branch of a foreign bank is required to register under the
accounting separately on the client's account and the bank account stores
or a foreign bank. Evidence of the underlying stores are the Bank and the
branches of foreign banks are required to be stored for a period of at least 10 years.
section 22
(1) the Bank shall ensure that the auditor has conducted
and verification of the financial statements of the Bank),
(b)) the verification of the management and control system of the Bank, with the Bank for
the auditor shall provide an overview of internal control carried out, that this
Verify the concern,
(c) the reporting of verification) of the financial statements and the management and control
System; the Bank shall submit such reports within the time limits of the Czech
the National Bank,
(d) the verification of the data published) laid down in section 11a and 11b, and in
range specified by Decree of the Czech National Bank pursuant to § 11a paragraph. 6
(a). (b)).
(2) the Czech National Bank provides the content of the report on the verification of the Decree
the management and control system of the Bank referred to in paragraph 1 (b). (b)), and (c)),
the way the structure and periodicity of its processing and the time limit for the
the submission.
(3) the Czech National Bank may request verification of the system according to the
paragraph 1 (b). (b) waive or limit) on some of his
components. On the procedure for remission or request restrictions on validation
administrative regulations shall not apply. The Czech National Bank shall notify the Bank within 30. April
the calendar year the intention to waive or limit the requirement to
verification of the system referred to in paragraph 1 (b). (b)). Can a bank to the intent of the Czech
the National Bank to disclose within 20 working days from the delivery of the reasoned
the comments. The Czech National Bank comments received within the specified period with the
the Bank shall consult and to 30. June of the calendar year of the Bank
whether the verification system, in accordance with paragraph 1 (b). b) remitted or how
way to perform this verification.
(4) the selected auditor is required to notify the Bank of the Czech National Bank,
who is entitled, within 30 days after receipt of the notice of the auditor
refuse. The Bank is obliged to announce within 30 days after the refusal of the Czech
the National Bank of the new auditor.
(5) verification of the facts referred to in paragraph 1 may not perform in the Bank
the Auditor, who has a special relationship to the Bank in accordance with § 19 paragraph. 1. the same
applies to natural persons carrying out the audit on behalf of audit
activity.
(6) the determination of the deficiencies must be in the reports referred to in paragraph 1 (b).
(c)) expressed, what kind of impact these shortcomings in the management and liquidity
the Bank and on the creation and allocation of the economic result.
(7) the obligations referred to in paragraphs 1 to 6 shall apply mutatis mutandis to branches
banks from other than a Member State.
section 23
(1) the Bank shall be obliged to publish within 4 months from the end of the accounting period
an annual report drawn up by a special legal regulation ^ 6) and
consolidated annual report under special legislation, ^ 6)
has an obligation to make it, which is part of the financial statements
Certified Auditor. Also within this period shall submit an annual report and
consolidated annual report of the Czech National Bank. If the general meeting
Bank accounts or consolidated accounts in this period
the Bank does not approve, without undue delay, publish and send to the Czech national
the reasons for the disapproval of bank accounts or the consolidated
statements and the way to deal with the comments of the general meeting.
(2) if the Bank reports loss, is the general meeting required to decide when
approval of the accounts for the period of payment of this loss of
the Bank's own resources.
section 24
(1) the Bank shall be obliged to draw up and submit to the Czech National Bank
information and documentation, the form and style of presentation determined in
accordance with the directly applicable EU regulation governing the
prudential requirements, and regulations or decisions of the European Commission
The Czech National Bank by Decree. The Bank is obliged to draw up and submit to the
The Czech National Bank for additional information and documents necessary for the performance of
supervision. The content of such information, form, time limits and the way they
the submission provides for the Czech National Bank by Decree. The Bank is obliged to
submit to the Czech National Bank on its request for more documents and other
the materials needed for the supervision and in accordance with the request of the Czech national
banks provide all the necessary information.
(2) a branch of the Bank other than the Member State is required to develop and
the Czech National Bank to submit information and documents, whose contents,
the form, time limits and the way the submission establishes the Czech National Bank
by Decree. A branch of the Bank other than the Member State is required to
submit to the Czech National Bank on its request for more documents and other
the materials needed for the supervision and in accordance with the request of the Czech national
banks provide all the necessary information. A branch of the Bank of
the Member State shall draw up and submit to the Czech National Bank
information and documents under section 5j, whose content, form, and manner
the submission provides for the Czech National Bank by Decree.
(3) in the event that the Bank has holdings on one or more of the
companies or other legal persons 20%
the capital or higher, the information and documents referred to in
paragraph 1 shall also contain the information relating to these business
companies or other legal persons.
PART SIX
BANKING SUPERVISION AND THE OBLIGATION OF SECRECY
the title launched
§ 25
(1) the activities of banks including their branches operating on the territory of a foreign State
the Bank is subject to supervision by the Czech National Bank, including
checks on the spot. The activity of branches of foreign banks are subject to the supervision
by a supervisory authority to the country of residence of the foreign bank and the extent
provided for by law, by the Czech National Bank supervision
Bank, including inspections on the spot. The activities of the consolidation unit [section 26 d
paragraph. 1 (a). and)], of which it is a part of the Bank, the Bank is subject to the
supervision on a consolidated basis by the Czech National Bank
including spot checks, unless the law provides otherwise.
(2) the Czech National Bank may request a check on the spot for her
enforces persons outside the supervision of the competent authority of the Czech Republic
State. The Czech National Bank can comply with the request, the supervisory authority of the country of
the headquarters of the foreign bank or authorized financial institutions on the implementation of
checks on the spot for dohlížené by the person. Carrying out checks on the spot
the supervisory authority of the country of residence of the foreign bank or authorized financial
the institution of the Czech National Bank will allow, on the basis of reciprocity. Authority
surveillance, which asked for a check on the spot, shall be entitled to
participate in the checking, if it does not itself. The Czech National Bank for
to this end, it may conclude with the supervisory authority of the country of registered office of foreign
the Bank or authorized financial institution written arrangements for coordination and
cooperation.
(3) the Czech National Bank, in the exercise of its jurisdiction under this
law and regulation directly applicable European Union legislation
prudential requirements involved in the activities of colleges in
the framework of the European system of financial supervisors ^ 7b).
(4) the Czech National Bank, in the exercise of its jurisdiction under this
law and regulation directly applicable European Union legislation
prudential requirements involved in the activities of the European authority for the
banking.
(5) the Czech National Bank in the exercise of its jurisdiction under this Act, and
According to the regulation directly applicable European Union legislation
prudential requirements shall take into account the convergence of tools and procedures
banking supervision that are used in the Member States; based on the
the guidelines, recommendations, standards, and other measures adopted by the European
authority for banking, unless the reasons for which do not do so.
(6) the Czech National Bank may require the regular provision of information
necessary for the performance of its responsibilities and for statistical purposes from
and) of the Bank
(b)) the financial holding of the person,
(c)) mixed financial holding of the person,
(d) the holding of the person)
e) persons belonging to the persons referred to in points (a) to (d))),
(f)) of the person that was the persons referred to in points (a) to (d))) responsible for
the performance of the activities.
(7) the Czech National Bank may carry out checks on the persons referred to in
paragraph 6, if it is necessary for the exercise of its competence; for this
the purpose of the may
and require the submission of documents)
(b)) to examine the books and records and to make copies of and extracts from them,
(c)) obtain written or oral explanations from the persons referred to in paragraph
6, their representatives and workers,
(d)) to obtain oral explanations from persons other than is set out in paragraph 6
under the terms of that consent.
(8) the Czech National Bank may carry out checks on the spot for persons referred to
in paragraph 6 (a). b) to (f)) and all persons who are subject to the supervision of the
consolidated basis, if the supervisory authority concerned shall inform in advance.
§ 25a
(1) all persons carrying out banking supervision or administration are
required to maintain the confidentiality of all information obtained in the context of
with the exercise of their profession, occupation or function. Can provide
information to third parties only in aggregate form, which cannot be
identify that a particular bank or person in question. The obligation to
confidentiality persists after the end of the occupation, employment or functions.
(2) information obtained in the performance of their powers can a person referred to in
paragraph 1 shall apply only to the fulfilment of the tasks of banking supervision, forced
or in court proceedings, held in the context of the decision, or
the performance of banking supervision, or similar proceedings before the international
authority.
(3) for the breach of obligations of confidentiality in compliance with the legal
the conditions shall not constitute
and provide information obtained in) connection with the performance of the Bank
supervision or the supplementary supervision over persons in the financial
the conglomerate ^ 6 d) supervisory authority over banks, financial institutions
or financial markets in another State,
(b)) provide information to the Ministry of finance for the purposes of the performance of the checks
compliance with the conditions for the grant of the contribution of the natural persons referred to in
the law governing the building savings,
(c)) provide information obtained in the performance of banking supervision
personnel of the Czech National Bank, who participates in the exercise of supervision
the financial market, for the performance of their tasks,
(d) the publication of the outcome of the stress tests) carried out under section 25 d of paragraph 1. 2
or by directly applicable European Union regulation governing
supervision of the financial market in the field of banking.
(4) For violations of the obligations of confidentiality in compliance with the legal
the terms of the grant is not considered information obtained in connection with the
the performance of the banking supervision authorities and other parties in the Czech
Republic, if the information provided for the discharge of their functions,
and) bodies in the liquidation or bankruptcy of the Bank or financial
institutions,
(b) the supervisory authority pursuant to) (a)),
(c) the statutory auditor) the financial statements of the Bank or financial
institutions,
(d) the supervisory auditor set), the financial statements of the Bank or financial
institutions,
e) supervision of compliance with company law,
(f) to combat the legalization) of the proceeds from crime and the financing of
terrorism, or the implementation of international sanctions for the purpose of maintaining
international peace and security, the protection of fundamental human rights and
the fight against terrorism,
g) oversight of payment or settlement systems,
(h) the operator of a payment or settlement) system,
I) Authority participating in criminal proceedings,
(j)) of the Czech National Bank as the Central Bank of the Czech Republic and the authority
enforcing supervision of financial markets,
to receivables from insurance schemes), deposits and insurance investors
l) of a public authority, to whose jurisdiction belongs to the preparation of the legal
provisions relating to the supervision of banks and financial institutions,
as well as the persons responsible for these authorities to exercise control activities.
The same is true in relation to public authorities and other persons in the Member
States and with the exception of the institutions and persons referred to in subparagraphs (g)), h), (j) and (l)))
other States and also in relation to the European Central Bank, the European
banking authority, the European Council for system risks ^ 22).
(5) information obtained in connection with the performance of banking supervision may
also be provided to the institutions of the European Union, if it is needed to
the fulfillment of international agreements.
(6) information obtained in connection with the performance of banking supervision may
also be provided to international organizations, active in the fight
against crime, and also to the authorities of foreign States in criminal
the procedure for the performance of their functions.
(7) the provision of the information referred to in paragraphs 3, 4 and 6 is only possible for
provided that the competent authority or the person protects the information in at least
the range of what is required by European Union law.
(8) information obtained from the authorities of foreign States cannot be used to
any purpose other than that for which it was provided, and shall be without
the consent of the provider made available to anyone else.
(9) the information obtained in the course of supervision in place on the territory of another State
must not be without the consent of the banking supervisory authority of that Member State
made available to anyone else.
§ 25b
If it finds the Czech National Bank in exercising supervision over the Bank of the extraordinary
situation, including adverse developments in financial markets, in which the
as a result, it could endanger the liquidity of the market and the stability of the
financial system (hereinafter referred to as "the emergency") in the Czech Republic,
without undue delay inform about this fact
and the European system of central banks) of central banks in Member
States concerned by this situation, under the conditions referred to in section 25a, paragraph. 4
(a). (j)), and
(b)), the public authorities listed in section 25a, paragraph. 4 (b). l) in the Member
States concerned by this situation, when for them the following information
significant.
section 25 c
The process of review and evaluation
(1) in the performance of the Czech National Bank supervision at the same time reviewing and
evaluates whether the arrangements, strategies, processes and mechanisms implemented by the
the Bank, in order to meet the requirements laid down in this Act, directly
the applicable law of the European Union governing the prudential
requirements, regulations or decisions of the European Commission, capital and
the liquidity of banks provide safe and reliable operation of the Bank and the proper
management and risk coverage. The Czech National Bank always evaluates the risks,
which Bank is or may be exposed, the risk that the Bank may
pose for financial market with a view to detecting and measuring
systemic risk, according to the article. 23 of the regulation the European Parliament and of the Council
(EU) no 1093/2010, recommendations of the European Council or the systemic risk, and
risk stress tests revealed.
(2) the Czech National Bank carries out a review and evaluation of the frequency and
the intensity of a reasonable size, significance and position of the Bank on the financial
the market and the nature, scale and complexity of its activities, at a minimum, however,
Once a year, and in the scope of the requirements laid down by the Bank of the first
the head of the second regulation of the European Parliament and of the Council (EU) no 575/2013
Regulation or decision of the European Commission.
(3) the Czech National Bank shall review and evaluate the credit, market and
operational risk; the review and evaluation shall be aimed for at least
on
and the results of stress tests carried out) by the Bank according to the article. 177 of regulation
The European Parliament and of the Council (EU) no 575/2013 when using access
based on internal ratings,
(b) exposure to a concentration of the risk), and his management of the Bank, including
compliance with the requirements referred to in part four of the regulation of the European Parliament
and of the Council (EU) no 575/2013, regulation or a decision of the European Commission,
(c) the appropriateness, effectiveness and) resilience of the policies and procedures for the management of the residual
the risks associated with the use of the eligible credit reduction techniques
the risks to which means of credit risk mitigation in accordance with article. 4 (4). 1
section 57 of the European Parliament and of the Council (EU) no 575/2013
the accuracy of their application,
(d)) the rate at which capital maintained by a Bank against the assets, which
sekuritizovala, corresponds to the economic substance of the transaction, including
achieved the degree of transfer of risk,
(e) the Bank's exposure to risk), liquidity risk measurement and management
liquidity, including the elaboration of analyses of alternative scenarios, management
factors that reduce the risk and the effectiveness of the contingency plans,
(f) the effects of risk-spreading and) how are these effects included
in the risk-measurement system,
(g) the results of the stress tests carried out) by the Bank when you use an internal
model for calculation of capital requirement for market risk in accordance with section
the third head of the fourth chapter of the fifth regulation of the European Parliament and of the Council
(EU) no 575/2013
(h) the geographic location of the exposures of the Bank),
I) business model of the Bank,
j) assessment of systemic risk.
(4) the Czech National Bank also examines and evaluates the
and) overall liquidity risk management of the Bank; in doing so, it promotes the development of
sound internal methodologies and take into account the position of the Bank on the financial
markets and duly into account in the decisions taken in following up on the
review and evaluation of the potential impact on the stability of the financial system in
all other Member States concerned,
(b) the exposure of banks to the interest rate) risk investment portfolio, which
for the purposes of this Act, means the portfolio, which includes
tools that are not included in the trading book; If, in the
as a result of sudden and unexpected changes in interest rates by more than 2
percentage points or by the value specified in the guidelines of the European
banking authority decreased economic value of Bank of more than 20
% of the capital of the Czech National Bank, saves the corresponding corrective measures,
(c) the Bank's risk exposure) excessive lever, which for the purposes of this
the law means the lever according to the article. 4 (4). 1, point 93 of regulation of the European
Parliament and of the Council (EU) no 575/2013, and which is identified on the
the basis of the indicators of excessive leverage, including the leverage ratio specified by the
article 429 of the European Parliament and of the Council (EU) no 575/2013
Regulation or decision of the European Commission; in the evaluation of
the adequacy of the leverage ratio and in the evaluation of the arrangements, strategies,
the procedures and mechanisms established by the Bank for the management of the risks of excessive leverage,
for the purposes of this Act, means the risk of excessive lever according to the article.
4 (4). 1, point 94 of the European Parliament and of the Council (EU) No.
575/2013, the Czech National Bank will take into account the Bank's business model,
(d)) the management and control system of the Bank, the corporate culture and capability
the members of the statutory body, the members of the Management Board and supervisory board members
the Bank to perform its obligations; in the review and evaluation of the Czech
National Bank to request Bank to the agenda of the statutory body,
the Management Board and the Supervisory Board and its committees including related
the underlying documents and the results of internal and external evaluation
the activities of the statutory body, the Management Board and the Supervisory Board.
(5) the Czech National Bank also examines and evaluates,
and whether the Bank hidden) support the securitisation, which means
securitization under the article. 4 (4). 1, point 61 of regulation of the European Parliament
and of the Council (EU) no 575/2013; If it finds that the Bank has provided implicit support
securitisation in more than one case, take the appropriate measures
reflecting the risk that the Bank will provide its support in the future
securitisation
(b) value adjustments) whether the positions or the portfolios in the trading book referred to in
article. 105 European Parliament and Council Regulation (EU) no 575/2013
Regulation or decision of the European Commission, will allow the Bank to sell or
in the short term to ensure their positions without under normal market
the conditions for significant loss; the trading portfolio is for the purposes of this
the law means the trading book referred to in article. 4 (4). 1, point 86 of the regulation
The European Parliament and of the Council (EU) no 575/2013.
section 25 d
(1) where the Czech National Bank in the performance review and evaluation
under section 25 c, that more banks are or may be exposed to similar
risks or represents a similar risk to the financial market, it is entitled to
to carry out the review and evaluation by a group of generically designated banks in the same
or in a similar manner. A group of generically designated banks with similar
risk profile can be determined in particular on the basis of the assessment system
risk under section 25 c of paragraph 1. 3 (b). (j)).
(2) to support the process of the review and evaluation referred to in section 25 c performs
The Czech National Bank at least once a year, the stress tests of banks. The result of the
load tests can adequately, the Czech National Bank.
(3) the Czech National Bank regularly at least once every 3 years to review
compliance with the conditions under which the Bank enabled the use of internal
approaches. It focuses in particular on the quality and timeliness of
used on methods and procedures, changes in the Bank's activities and on the use of
internal approaches for new products.
section 25e
(1) in accordance with the Czech National Bank supervisory investigation plan,
that is compiled at least once a year, taking into account the results of the
the process of the review and evaluation referred to in section 25 c.
(2) the Czech National Bank shall draw up a plan for the surveillance of the investigation referred to in paragraph
1 so that it does not, the supervisory authority of another Member State in the execution of the
the-spot checks in the Bank branch, which carries out its activity on the territory of the
that other Member State.
(3) the plan surveillance investigation, Czech National Bank includes
and the list of banks) to be subject to increased surveillance in the wake of
the measures referred to in paragraph 4,
(b)) plan on the spot checks in commercial locations, including its
branches and controlled by persons established in other Member States,
(c) information on the way) performance of the tasks and the allocation of
resources on their security,
(d)) list of banks, for which the results of the stress tests under section 25 c and section 25 d
paragraph. 2 or the result of the process of the review and evaluation referred to in section 25 c
suggest a significant risk to the financial health or violation of the requirements of
provided for in this Act, the law that it be carried out,
decision issued under this Act, a measure of a general nature
issued pursuant to this Act, a directly applicable regulation in the European Union
governing the prudential requirements, regulations or decisions
The European Commission,
(e)) list of banks that pose a systemic risk for the financial market
(f) a list of other banks), for which the Czech National Bank considers
necessary.
(4) the Czech National Bank shall, in following up on the results of the review and
evaluation under section 25 c, if it is necessary, in particular, the following measures:
and) increase the number of spot checks,
(b) to ensure a permanent presence of the representative), Czech National Bank, in the Bank,
(c) require the submission of additional) or more frequent information Bank,
(d) additional or more frequent) to perform a review of operational, strategic
or the business plans of the Bank,
(e)) to carry out checks on the monitoring of selected risks, which would
the Bank may be exposed.
§ 25f
(1) the Bank shall be obliged to draw up and regularly update a financial recovery plan
in case of a serious deterioration in its financial situation. If the Czech national
the Bank, taking into account the size of the Bank, its business model or
coherence with other institutions or with the financial market as a whole
provides that the deterioration of the financial situation of the Bank will not have a negative impact
on the financial market, institutions, or other terms and conditions of financing, the Bank
draw up the approval of the Czech National Bank financial recovery plan in a reasonable
the range.
(2) the Czech National Bank is obliged to draw up and regularly update
solutions to the problems of the Bank plan, which sets out the options for solutions to the crisis
the situation of the Bank. If the Czech National Bank, taking into account the size of
the Bank, its business model or connectedness with other institutions
or with the financial market as a whole, provides that any bankruptcy of the Bank
will not have an adverse impact on the financial market, other institutions or
financing conditions, draw up a plan for solving the problems of the Bank in a reasonable
the range.
(3) the Bank is required to provide the Czech National Bank for the purpose of training
solving plan of the Bank referred to in paragraph 2, all the necessary information
to the extent appropriate to its size, its business model or
coherence with other institutions or with the financial market as a whole.
(4) the Czech National Bank cooperates with the European authority for the
banking ^ 30) in the preparation of plans for solving the problems of the banks. It shall inform the
The European banking authority for the preparation of health plans and plans
solutions to the problems of banks, in particular, it shall inform in advance the
dates and place of the meeting and of the main points discussed. Czech
the National Bank will allow the participation of the representative of the European banking authority
at the hearing.
PART SEVEN
CORRECTIVE MEASURES AND PENALTIES
section 26
Measures to remedy the
(1) the Czech National Bank can a person subject to its supervision in the
the lack of findings in her activities as a result of any breach or non-compliance with
the obligations or conditions set out in this law, it law
carrying out, according to a decision issued by this law, measures of General
nature issued pursuant to this Act, the law governing the building
savings, directly applicable EU regulation governing the
prudential requirements and regulation or the decision of the European Commission
Save measures to rectify identified lack of proper nature
violation of and its severity. Corrective measures can be saved also when
the detection of deficiencies, based on the results of the implementation of the review and
evaluation under section 25 c.
(2) to correct the shortcomings identified can the Czech National Bank
and to the person) under its supervision
1. maintain capital above the minimum levels of capital requirements according to the
article. 92 of the European Parliament and of the Council (EU) no 575/2013 and
the capital reserve requirements under this Act,
2. improve the arrangements, strategies, processes, and other mechanisms, so that the
restore or enhance their compliance with this law, the law of the
implementing this law, decisions or measures of a general nature
issued under this Act or the regulation directly applicable European
Union governing the prudential requirements, regulations or decisions
The European Commission,
3. submit a plan to restore compliance with the requirements under this Act,
and directly applicable European Union regulation governing the prudential
requirements and implemented it in due time,
4. apply specific policies and procedures for the creation of adjusting entries
the assets and reserves or for determining capital requirements
5. limited, or lack some of the shops, operation or
the activity, which means excessive risk to the Bank,
6. limited distribution network, including a possible reduction in the number of business
places,
7. reduce the risks associated with its activities, products or systems,
8. limit variable component of the remuneration of persons referred to in section 8b, paragraph. 1 (a).
(d)), if it is not in accordance with keeping the capital; in this case, shall designate the
the Bank or branch of the Bank from a Member State other than the amount of the variable
folder as a percentage of net profit,
9. profit after tax was used primarily to replenish reserve funds or
to increase the share capital,
10. limited distribution of profit or gain to the shareholders or me
the holders of the instruments the next tier 1 capital according to the article. 51 of regulation
The European Parliament and of the Council (EU) no 575/2013; If this prohibition
does not constitute a failure to comply with the obligations of that person,
11. within the time limit removed the lack of activities and
its repetition,
12. in due time to the specified amount of the capital increase, if
does not maintain combined the capital reserve pursuant to Section 12d of the paragraph. 1, and the Czech
the National Bank did not approve the plan to restore the capital
(b) save the additional or more frequent) reporting, including information
about capital and liquidity positions,
(c) special requirements) to save liquidity, including the restriction of non-compliance
the maturity of assets and liabilities, taking into account the specific model
the business of the Bank, to the arrangements, procedures and mechanisms, and in particular
under section 8b, paragraph. 1 (a). (b)), and systemic risk, liquidity
threatens the unity of the financial market in the Czech Republic,
(d) the additional disclosure of information) to save,
(e) impose more stringent restrictions on the distribution of) profit after taxation than under section 12d
paragraph. 4 If the Czech National Bank approved a plan to restore the
capital,
f) save other appropriate measures to remedy the situation.
(3) the Czech National Bank may impose the measures referred to in paragraph 2 (a). and)
paragraph 1, in particular if
and the arrangement of the deficiencies), strategies, procedures, or other
mechanisms of management and control system governed by this law,
It is carrying out the law, non-compliance with requirements under article. 393
Regulation of the European Parliament and of the Council (EU) no 575/2013 or shortcomings
in strategies or practices under section 12, or in their application;
it applies under the conditions laid down in § 26 k, paragraph. 1 and 2, mutatis mutandis, to
a foreign bank that is a member of the Group of the European controlling Bank [§
26 d of paragraph 1. 1 (a). m)], a member of the Group of the European financial holding
the person [section 26 d, paragraph 1 (b))] or a member of the Group of the European
leader merchant securities according to the law governing the
business on the capital market, over which it exercises, Czech National Bank
supervision on a consolidated basis, in which case you can
require a capital increase over the level set by the foreign legal
provisions,
(b)), to the risks or the risk elements not subject to the capital requirements
modified in this law or directly applicable rules of the European Union
governing the prudential requirements
(c)) the imposition of measures pursuant to paragraph 2 (a). and section 2) points 5 and 6 points
8 to 10, paragraph 2 (a). (c)) or measures under paragraph 4 (b). and)
(f)) appears to be insufficient to achieve a remedy within a reasonable time,
(d)), it is likely that the failure to comply with the requirements regarding the use of
the corresponding access will result in lack of capital
requirements,
(e)), it is likely that, as with the requirements provided for in this
law or regulation directly applicable European Union legislation
prudential requirements, risks will be underestimated,
(f)), the Bank shall notify the Czech National Bank according to the article. 377, paragraph. 5 of the regulation
The European Parliament and of the Council (EU) no 575/2013, that the results of the stress
the tests indicate the need for capital, which significantly exceeds its
the capital requirement for covering trading portfolio with correlation.
(4) the Czech National Bank can a person subject to its supervision, which
received approval to use internal access or internal model to calculate the
capital requirements under part III of the regulation of the European Parliament
and of the Council (EU) no 575/2013, but does not meet the requirements for its use,
and save to) demonstrate that non-compliance with the requirements for internal access
or the internal model is irrelevant,
(b)), to submit a plan to save to restore compliance with the requirements of the
internal access or internal model and a deadline for its implementation,
(c)), to carry out the adjustment to save a plan to restore compliance with the requirements of the
internal access or internal model and set a deadline for the implementation of
These adjustments, if unlikely, that according to the original plan will be
achieved full compliance, or the period referred to in the original plan are
inappropriate,
(d) restrict the approval on the field), that meet the requirements, or for
which can be used to achieve compliance within the time limit,
(e) to withdraw consent to the use of) internal access or internal
the model, which requires the consent, if it is unlikely that the Bank will
able to restore consistency within the appropriate time limits, or failed to prove that
the discrepancy is irrelevant,
(f) revoke the consent to the use of) the internal market risk model or
Save the appropriate measures to ensure his immediate improvement if u
internal model suggests a large number of overrun referred to in the article. 366
Regulation of the European Parliament and of the Council (EU) no 575/2013, that model is not
sufficiently precise,
g) save other appropriate measures.
(5) paragraph 3 shall be applied under the conditions laid down in § 26 k, paragraph. 1 and 2
Similarly for the foreign bank that is a member of the Group of the European
the controlling Bank [section 26 d, paragraph 1 (b). m)], a member of the Group of the European
the financial holding of the person [section 26 d, paragraph 1 (b))] or a member of a group
the European leader of the trader in securities under the Act
governing the business on the stock market, over which the Czech National Bank
shall exercise supervision on a consolidated basis, in which case the
You can require a capital increase over the level provided for foreign
the legislation.
(6) in the case of a finding of a lack of in the activities of the person subject to its
the Czech National Bank supervision
and save this) person
1. changed a member of the statutory body, Member of the management board or a member of the
the Supervisory Board, the person in command of a branch of a foreign bank, or other
the responsible natural person
2. created a corresponding amount of the adjustments and provisions,
3. reduce or increase capital within a specified range,
4. reduce the registered capital for the purpose of payment of the amount of the loss
the corresponding loss after her showdown with the reserve and other funds for the
provided, that the loss exceeds 20% of the equity capital,
5. reduce the amount of its share in the other person, or has transferred its stake in
This person to another person, or otherwise limit the risks arising from its
interest in this person,
(b)) change the license the exclusion or restriction of certain activities in it
referred to,
(c)) to introduce compulsory administration
(d) an extraordinary audit) required for the costs of the Bank or bank branch from another
than the Member State,
e) prohibit or restrict the implementation of operations with persons that are linked
close links with the Bank, or that are part of the same
the consolidated Group as a bank or have a bank or branch of the Bank of
other than the Member State of the special relationship under section 19,
(f) to raise liquid funds) to save the Bank or bank branch from another
than the Member State of at least the amount provided for the Czech National Bank,
(g)) with the use of the internal agreement to revoke access for the calculation of the
capital requirement under part III of the regulation of the European Parliament
and of the Council (EU) no 575/2013.
(7) the Czech National Bank can save to a natural person or a legal person
not subject to its supervision, which fails to comply with an obligation imposed by this
by law, the law implementing it, according to a decision issued by a
This law, directly applicable EU regulation governing the
prudential requirements or regulation, or by a decision of the European
the Commission to refrain from such infringement and its
recurrence; The Czech National Bank can further
and) suspend the voting rights of the shareholders or shareholders
responsible for the infringement,
(b)) to temporarily disable a member of the statutory body, the Administrative Board or supervisory
the Council of a bank or other responsible person in the physical performance of the Bank, or
the performance of a function in another bank or a foreign bank,
(c) to publish information about it), that person is responsible for the unlawful
the negotiations and what is its nature.
(8) the procedure under paragraph 2 (a). and) points 1, 2 and 4 and paragraph 6 (a).
and 4 and paragraphs) of point 6 (a). (c)), and (e)) does not apply to the Bank branch
from the Member State and the procedure referred to in paragraph 2 (a). and section 4 and paragraph)
6 (a). (c)) does not apply to the Bank branch from another Member
State.
(9) the Czech National Bank may impose corrective measures referred to in paragraphs 2
up to 4, paragraph 6 (a). (g)) and paragraph 7 also, if he has reasonable grounds for
the suspicion that the lack of activity in may, in the course of the following 12
months to occur.
Section 26a
If it finds the Czech National Bank, that the Bank's overall capital ratio
an individual basis is less than two-thirds of the total capital
the ratio according to the article. paragraph 92. 1 (a). (c)) of the European Parliament and
The Council (EU) no 575/2013, the Bank will save one or more of the following measures to
remedy:
and) increase the capital to total capital ratio for the Bank on the
an individual basis amounted to at least the level of total capital
the ratio according to the article. paragraph 92. 1 (a). (c)) of the European Parliament and
The Council (EU) no 575/2013
(b)) take only those assets which have a directly applicable regulation
The European Union governing the prudential requirements of the lower risk weight
than 100%,
(c)) do not get no share of the share capital and voting
the rights in any legal person, with the exception of contracts concluded before the
the imposition of this measure, nezaložit or obtains any additional
a legal person or an organizational folder
(d) not to grant any credit to the person) with a special relationship to a bank
(e)) not to disclose interest rates of deposits exceeding the current normal
interest rates on deposits of comparable amounts and comparable
maturity, as the Czech National Bank will be detected.
section 26aa
(1) a participant in the proceedings for the imposition of measures to remedy is the only person
that has to be the corrective measures imposed.
(2) proceedings may be initiated by issuing the decision.
(3) the person to whom the Czech National Bank imposed corrective measures,
inform the Czech National Bank for redress without undue
the postponement.
(4) Against the decision on the imposition of corrective measures can be made.
The decomposition does not have suspensory effect. On the decomposition of the Bank Board of the Czech decides
the National Bank.
§ 26ab
(1) the Czech National Bank without undue delay shall publish the final
the decision on the imposition of corrective measures in a manner enabling remote
access.
(2) the Czech National Bank shall publish the decision without putting the identification
information about the person that was the corrective measures imposed if the
the publication of the
and vis) was the person on the basis of an assessment of the
considered as manifestly unreasonable,
(b) jeopardise the stability of the financial market),
(c)) would jeopardize ongoing criminal proceedings,
(d) the person concerned) caused disproportionate damage.
(3) the decision referred to in paragraph 1 or 2, shall be published at least once
period of 5 years. Personal data of natural persons concerned shall be published only for the time
necessary in accordance with the law governing the protection of personal
of the data.
section 26b
(1) in the event that a member of the statutory body, the Administrative Board or supervisory
the Council finds that the Bank is or becomes insolvent or incompetent
the Bank incurred or to be incurred by the loss that caused or
can cause a decrease in the total capital ratio of Bank
an individual basis under the minimum level of total capital
the ratio according to the article. paragraph 92. 1 (a). (c)) of the European Parliament and
The Council (EU) no 575/2013, it shall inform without delay the Czech National Bank.
(2) For foreign bank carrying out banking activities on the territory of the Czech
the Republic through its branches on the basis of a licence pursuant to section 5 and the
for its branch office, paragraph 1 shall apply mutatis mutandis; the obligation to inform the
The Czech National Bank, persons in the leadership of the foreign banks and the people
in the management of the branch.
§ 26ba
(1) if the amount of the Bank's total capital ratio falls below the minimum
level according to the article. paragraph 92. 1 (a). (c)) of the European Parliament and
The Council (EU) no 575/2013 and the Bank, for the purpose of meeting the overall capital
the ratio increases its capital,
and) is given an important interest of the company for the limitation or exclusion of
preferential rights of the shareholders to subscribe for new shares; section 29, paragraph. 2 sentence
the second this is not prejudice,
b) emission rate must be the same for all underwriters,
(c)), you can subscribe to new shares, while shareholders have not yet paid up the emission rate
previously subscribed shares; the new shares, however, cannot subscribe to a shareholder who
emission rate not previously subscribed shares,
(d) the preferential right of subscription) of new shares it is not separately
transferable,
e the Bank shall publish an invitation to) the general meeting at least 7 days before the date of
the venue of the general meeting,
(f) the deadline for subscription) new shares with the use of a prior right shall be
not more than 14 days from the date of adoption of the resolution of the general meeting on the increase
of share capital,
(g) the time limit for subscription) new shares, without the use of a prior right shall be
not more than 14 days from the date of expiry of the period referred to in subparagraph (f)) or from the date of
the adoption of the resolution of the general meeting to increase the share capital, if the
the shareholders ' preferential right to subscribe for new shares is excluded,
h) an underwriter must within the time limit for the subscription of new shares to repay their
the emission rate, otherwise the subscription is ineffective,
I) emission rate of new shares shall be paid up in cash or
by offsetting.
(2) in the invitation to the general meeting convened for the purpose of the decision on the
the increase in the share capital of the Bank in the case referred to in paragraph 1 shall be
the reasons for choosing this procedure and its deviation from the procedure increase
the share capital according to the law governing the legal relations of business
companies and cooperatives; failure to meet this obligation, however, does not
invalidity of a subsequent decision of the general meeting.
§ 26bb
Measures of a general nature in danger or disruption to the stability of the Bank
or the financial system
(1) the Czech National Bank will issue measures of a general nature referred to in paragraph 2,
and if threatened) is the stability of the banking or financial system, and if
It is advisable to remove this threat, or
(b)) or the financial stability of the banking system was
impaired, if it is to mitigate the effects of this distortion.
(2) the Czech National Bank to measures of a general nature to the banks, branches of
foreign banks, a group of generically designated bank or group of species
the designated branches of foreign banks
and) provides for a temporary exemption from compliance with the obligations laid down in section 4,
5, 11 to 24 or under section 26f, or of the rules laid down on the basis of this
the law,
(b)) temporarily prohibit or restrict certain activities allowed or
some stores, transfers of funds or other transactions,
(c)) by derogation from this Act or legislation issued on his
the basis of temporarily laying down rules, under section 12, section 13 and section 14 (a). and (b)))
(d)), or
d) by derogation from this Act or legislation issued on his
basis, temporarily prescribe time limits and frequency for compliance
the obligations of the Bank or branch of a foreign bank.
(3) the Czech National Bank will issue measures of a general nature, if they are filled with
the conditions laid down in article. 458 of regulation the European Parliament and of the Council (EU)
No 575/2013.
(4) Measures of a general nature shall be issued without the control of the draft measures
of a general nature. Measures of a general nature shall enter into force on the date of publication of the
on the notice board of the Czech National Bank; publication on the official Board of another
the Office is not required. If nepozbylo the effectiveness of earlier measures shall cease to
the general nature of the effectiveness of the expiry of 6 months from the date of acquisition of the
efficiency.
(5) Persons, whose rights, duties, or legitimate interests may be
measures of a general character issued by the Czech National Bank, are
only banks or branches of foreign banks. These persons are entitled to
to appeal against the measures by a written reasoned objections within a period of 5
working days from the date of its publication. Lodged objections do not have suspensory
effect. About submitted objections, decides against the Czech National Bank,
such a decision could not be appealed.
PART EIGHT
BANKING SUPERVISION ON A CONSOLIDATED BASIS
section 26 c
(1) the banking supervision on a consolidated basis shall mean the tracking and
the risk controls for consolidation units, whose Bank is a part, for
to reduce the risks to which the Bank is exposed in terms of its participation
in the consolidation.
(2) banking supervision on a consolidated basis is not the supervision of
each of the persons included in the consolidated Group and does not replace the
performance by banking supervision on an individual basis over banks
under this Act, or the supervision of securities traders,
spořitelními and úvěrními associations and financial institutions referred to in
the specific legislation.
(3) in the exercise of supervision on a consolidated basis of the Czech National Bank
cooperate with the authorities of the supervision of banks, securities traders
and financial institutions abroad and has the right with these authorities
Exchange information. The provisions of § 25a shall remain unaffected.
(4) the Czech National Bank may, for the purpose of banking supervision at the
consolidated basis, carry out checks on the spot in the persons covered
in the consolidated entity or request the competent
foreign supervisory authority. The Czech National Bank informs about the launch,
the purpose and results of the inspections the competent foreign supervisory authority
above the controlled person. The provisions of § 25a shall remain unaffected.
(5) if the Czech National Bank information necessary for the performance of
banking supervision on a consolidated basis, about which he knows that have already been
a member of the consolidation unit provided to the other surveillance authority,
priority requests such information.
(6) the performance of the banking supervision performed by the Czech National Bank over a member of the
the Group of the European controlling Bank [section 26 d, paragraph 1 (b). m)] or above
a member of the Group of the European financial holding of the person [section 26 d, paragraph 1 (a).
about)] is based on written arrangements for coordination and cooperation with
the authority executing the supervision on a consolidated basis over that
the Group of. Such supervisory authority can entrust tasks of these arrangements
relating to this coordination and cooperation.
(7) if the Czech National Bank banking supervision on a consolidated
the basis of the above, the European Group of the controlling of the Bank or the Group
European financial holding of the person must have a written agreement on the
coordination and cooperation with the authorities exercising supervision of the members of this
the Group of. The Czech National Bank can be these arrangements entrust tasks of
relating to this coordination and cooperation.
(8) instead of the Czech National Bank is the supervisory authority of another Member State
carrying out supervision on a consolidated basis over the Group of the European
the controlling of the Bank or European financial holding of the person competent to
the performance of banking supervision in accordance with the law of the European Union ^ 17) above
a member of this group, based in the Czech Republic, and to the extent and for the
the conditions laid down by the international treaty. This international treaty
always lays down the conditions under which the Czech Republic has the right to regression
payment towards the supervisory authority of another Member State or to the Member
State in whose territory the registered office of the authority, if any damage
or non-material damage which this caused in the exercise of supervision authority
unlawful decision or incorrect official procedure. In the performance of
banking supervision supervisory authority of another Member State shall apply
the legal order of the Czech Republic. The responsibility for the damage caused by the authority
supervision of another Member State of its decision or incorrect official
the procedure for the exercise of supervision shall be assessed according to the law
governing liability for damage caused in the performance of public
power ^ 18).
(9) instead of the supervisory authority of another Member State, the supervisory
on a consolidated basis over a group of European banks is the controlling
The Czech National Bank, carrying out supervision on a consolidated basis over the
a group of European banks, or controlling the over European financial group
the holding of the person competent to exercise supervision in accordance with the law
The European Union ^ 17) over a member of this group is established in another Member
State, to the extent and under the conditions laid down by the international treaty.
(10) Paragraph 6 to 9 shall apply mutatis mutandis to the supervision of the
consolidated basis over a responsible Bank controlled by the European
mixed financial holding person.
section 26 d
(1) for the purposes of this Act, means the
and the consolidation group total) controlling the Bank, the Group of foreign
controlling the Bank a person or a group of financial holding group
a mixed holding, the consolidation unit consists of at least two
of the person,
(b)) controlling the Bank, the Bank, whose controlled or associated person
is a Bank, savings and úvěrním cooperative, foreign bank, financial
institutions, a trader with securities, foreign trader
securities or ancillary services,
(c)) financial holding the person the person referred to in article. 4 (4). 1, point 20
Regulation of the European Parliament and of the Council (EU) no 575/2013
(d)) mixed-activity holding the person the person referred to in article. 4 (4). 1, point 22
Regulation of the European Parliament and of the Council (EU) no 575/2013
(e)) mixed financial holding the person the person referred to in article. 4 (4). 1 point
21 of the European Parliament and Council Regulation (EU) no 575/2013
(f) the group controlling the Bank Group), formed by the Bank and its controlled
persons and associated persons that are financial institutions,
institutions or ancillary services,
(g) the financial holding group) person group formed by the financial
holding a person and controlled by persons and associated persons,
which are the institutions, financial institutions or ancillary
services,
h) by a group of mixed-activity holding persons group formed by the joint
holding a person and controlled by persons and associated persons,
which are the institutions, financial institutions or ancillary
services,
and the associated person person) according to the article. 4 (4). 1, point 35 of the regulation
The European Parliament and of the Council (EU) no 575/2013
j) foreign bank controlling foreign bank whose controlled
the person's Bank,
to a group of foreign banks) of the controlling group formed by foreign
the controlling and controlled persons of her Bank and associated persons
are institutions, financial institutions or ancillary
services,
l) controlling domestic bank controlling the Bank, which at the same time is not
controlled by another bank, a financial holding the person or
mixed financial holding person with a registered office in the Czech Republic,
m) European controlling the Bank controlling the Bank or foreign
controlling the Bank, that has been granted permissions to perform activities in the
Member State, and which is not controlled by another bank or a foreign
the Bank, which has been granted permission to conduct business in any
Member State, nor is it controlled by a financial holding the person or
mixed financial holding person, who is registered in any
the Member State,
n) domestic financial holding the person the person referred to in article. 4 (4). 1 point
30 of the European Parliament and Council Regulation (EU) no 575/2013
European financial holding of) person the person referred to in article. 4 (4). 1 point
31 of the European Parliament and Council Regulation (EU) no 575/2013
p) domestic mixed financial holding the person the person referred to in article. 4
paragraph. 1, point 32 regulation of the European Parliament and of the Council (EU) no 575/2013
q) European mixed financial holding the person the person referred to in article. 4
paragraph. 1, point 33 regulation of the European Parliament and of the Council (EU) no 575/2013
r) responsible Bank in the Group of the financial holding of the person the Bank
controlled by a financial holding person based
1. in the Czech Republic,
2. in another Member State, if this financial holding a person at the same time
control of the foreign bank, which has granted permission for the performance of
activities in that Member State, or a foreign bank with a larger balance sheet
the sum, which has been granted permissions to perform activities in another Member
State, or
3. in a non-Member State, if the Czech National Bank being
under section 26e, paragraph. 6 from the performance of the banking supervision on a consolidated
the basis of the financial holding group of the person;
If the consolidation referred to in points 1 to 3 more banks responsible
the Bank in a financial holding group of the person means the Bank with the largest
the balance sheet total,
with a responsible Bank in the Group) a foreign bank that controls the Bank
controlled by the foreign bank that controls that has been granted permissions to
activity in a non-Member State, if the Czech National Bank
being under section 26e, paragraph. 6 from the performance of banking supervision at the
consolidated basis over this foreign group controlling the Bank;
If in such a consolidation more banks responsible Bank in the
a group of foreign banks means the controlling Bank with the largest balance sheet
the sum,
t) responsible Bank controlled by the person mixed financial holding
the Bank controlled by the mixed financial holding person based
1. in the Czech Republic,
2. in another Member State, if this person mixed financial holding
at the same time control the foreign bank, which has been granted permission to
the performance of the activities in that Member State, or a foreign bank with a larger
the balance sheet total, which has been granted permissions to perform activities in another
Member State, or
3. in a non-Member State, if the Czech National Bank being
under section 26e, paragraph. 6 from the performance of the banking supervision on a consolidated
basis;
If the consolidation referred to in points 1 to 3 more banks responsible
the Bank, controlled by the mixed financial holding person means the Bank with
the largest balance sheet total,
on the basis of a consolidated basis) the consolidated pursuant to article. 4 (4). 1
section 48 of the European Parliament and of the Council (EU) no 575/2013.
(2) in the case where the links within the consolidated Group are such
character, it is not possible to conclusively determine the controlling person or the
type, the Czech National Bank is authorised to determine, in agreement with the competent
foreign supervisory authority over banks or financial institutions
the controlling person of the consolidated group or its type.
(3) supervision over consolidation total are lesser traders
securities, who are not referred to in section 8a, paragraph. 1 to 3 of the law on
business on the capital market.
section 26e
(1) the Czech National Bank, the Bank shall exercise supervision on a consolidated
the basis of the above the group controlling the Bank and over a group of foreign
the controlling of the Bank, which is responsible to the Bank in the Group
foreign controlling the Bank. Group controlling a bank controlled by the
controlling domestic bank or domestic financial holding person
the Bank is subject to supervision on a consolidated basis, only if it is
a member of this group of foreign bank, securities dealer or
financial institutions that have their head office in another Member State.
(2) the Czech National Bank, the Bank shall exercise supervision on a consolidated
the basis of the financial holding group of the person, which is a member of
a responsible Bank in the Group of the financial holding of the person, and the responsible
the Bank, controlled by the mixed financial holding person. Group financial
holding a person controlled by a local bank the controlling shareholder or domestic
financial holding a person is subject to banking supervision on a
consolidated basis, only if it is a member of this group of foreign
Bank, securities dealer or financial institution, that have
registered office in a non-Member State.
(3) the Czech National Bank
and) exercises supervision over the financial holding group of the person who
does not meet the conditions referred to in paragraph 2, first sentence, or
(b)) shall refrain from the exercise of supervision over the financial holding group of the person,
which satisfies the conditions referred to in paragraph 2, first sentence, if so
agree with the competent supervisory authority of the Member State and if they
appears to determine the responsibility of the banks in the group financial holding persons in accordance with
the criteria laid down in this Act [section 26 d, paragraph 1 (b). r)]
inappropriate, in particular with regard to the importance of the banks or foreign banks,
that are members of the consolidated Group, the financial market in the
the Member States concerned. In this case, however, the Czech national
the Bank or the competent authority in advance to request the opinion of the responsible supervisory
the banks in the Group of the financial holding of the person or of the European financial
holding persons who are members of the consolidated Group.
If the Czech National Bank in accordance with subparagraph (a)) shall be determined by the Bank, which
will fulfil the obligations of the responsible Bank in the financial holding group
of the person.
(4) paragraph 3 shall apply mutatis mutandis to the exercise of supervision on a consolidated
the basis of the above, the responsible Bank controlled by the mixed financial holding
person.
(5) the Czech National Bank, the Bank shall exercise supervision on a consolidated
the basis of the above the Group mixed holding person.
(6) the Czech National Bank may refrain from performance of banking supervision at the
consolidated basis of consolidation in total, has a controlling person
registered office in a State which is not a Member State, if it is above the
total consolidation carried out comparable banking supervision on
consolidated basis according to the directly applicable European Union regulation
governing the prudential requirements. Prior to this decision, the Czech
the National Bank shall request the opinion of the supervisory authority over foreign bank
established in another Member State which is a member of the same
the consolidated Group, and the European banking authority. If it is not
performed comparable banking supervision on a consolidated basis over the
This consolidation total, Czech National Bank may require the
Member of the consolidation unit establishing financial holding the person or
mixed financial holding persons on the territory of the Czech Republic or other
of the Member State. The procedure referred to in the third sentence of the Czech National Bank shall notify
supervisory authority over Bank based in another Member State, that is
a member of the same consolidated Group, and the European Commission and the European
banking authority.
section 26f
(1) the controlling Bank, responsible Bank in the financial holding group
the person responsible, the Bank controlled by the person, a mixed financial holding
a responsible Bank in the Group of foreign banks and the Bank in controlling
the Group mixed holding persons who are members of the consolidated Group
subject to the banking supervision of the Czech National Bank, are required to
observe on a consolidated basis
and) the requirements for the management and control system (section 8b)
(b)) policies and procedures for the evaluation and internal changes
capital (§ 12),
(c) the requirements under section 26 g) of paragraph 1. 4.
(2) the persons included in the consolidated Group are obliged on request
communicate to the Czech National Bank directly or through banks in accordance with
paragraph 1, all the information necessary for the implementation of the supervision on a
consolidated basis.
section 26 g
(1) the persons included in the consolidated group must create the corresponding
control mechanisms to ensure the accuracy of the information provided for
the purpose of the banking supervision on a consolidated basis.
(2) Domestic Bank, Bank controlling responsible financial group
the holding of the person responsible, the Bank operated a mixed financial
holding a person in the Group and the Bank responsible foreign controlling
the Bank shall notify in advance to the Czech National Bank Auditors who will perform
audit of the persons included in the consolidation under the banking
supervision of the Czech National Bank.
(3) the National Bank responsible Bank the controlling shareholder in the group financial
the holding of the person responsible, the Bank operated a mixed financial
holding a person accountable in foreign bank group controlling
the Bank and the Bank in the Group of mixed-activity holding persons are obliged to ensure
the audit of the information to be transmitted for the purposes of banking supervision at the
consolidated basis, in the manner and to the extent provided for by Decree
The Czech National Bank.
(4) the Bank shall be obliged to properly keep track of their operations with members of the same
the consolidation unit, control the risks associated with them and to undergo the
adequate internal control mechanisms.
(5) a financial holding, the person and the person is a mixed financial holding
required to ensure that their statutory authority, a member of their
the statutory authority, a member of the management board or a member of the Supervisory Board was
the person trusted, competent and experienced enough for the performance of their
the functions and to ensure the requirements for a financial holding
person and mixed financial holding a person from this law.
More detailed requirements of the decree establishes the Czech National Bank.
(6) a financial holding, the person and the person mixed financial holding
the Czech National Bank will inform in advance of proposed modifications in the
leadership and at the same time it shall submit the documents confirming the credibility,
the competence and experience of the proposed individuals. A person who is
newly become financial holding the person or a mixed financial
holding a person is required to comply with this obligation regarding the persons in
its leadership within 2 months from the date on which it becomes a financial holding
a person or a mixed financial holding person, otherwise, it is considered that the
the person in the management of the financial holding of a person do not meet the set
assumptions. The natural person concerned is liable to a financial holding person
or mixed financial holding person, provide the necessary supporting documents and
synergy. Documents confirming the credibility and experience of the persons in the
lead financial holding of the person or persons of mixed financial holding
adjusted by a decree of the Czech National Bank.
(7) the Czech National Bank may require financial holding person
or mixed financial holding to the person of the person in the management of financial Exchange
holding the person or mixed financial holding of the person, if this
the person is not sufficiently experienced or trusted.
§ within 26 h
(1) where the Czech National Bank, shortcomings in the activities of the person included
in the consolidated entity, which may negatively affect the management
the Bank, which is part of the consolidated entity, is entitled to in relation to
controlling the Bank, a bank in the Group of responsible financial holding of the person,
the responsibility of a bank controlled by the mixed financial holding person, financial
holding the person responsible to the Bank in the Group of foreign controlling
the Bank, a bank in the Group of mixed-activity holding the person or mixed
holding a person according to the nature of the observed lack of
and) require that, within the prescribed period jumped into the axle,
(b) ensure the extraordinary audit) required for persons, which is part of the
the consolidated Group, at the expense of the controlling entity,
(c) impose a fine up to 50 0000 0000) CZK
(d)) prohibit or restrict the implementation of operations with persons that are part of the
the same consolidated Group.
(2) the lack of in the activities of the person that are included in the consolidated Group,
that is not a Bank, means the
and the breach or circumvention) of this law, special laws,
regulations issued by the Czech National Bank and the legislation under section 5,
(b) implementation of the shops within) the consolidation unit or externally
in a way that harms the interests of the depositors of the Bank, which is part of the
the consolidation unit, or threatens its security and stability.
section 26i
(1) if the Czech National Bank banking supervision on a consolidated
the basis of the above group of European banks, the European Group of the controlling
the financial holding of the person or a responsible Bank controlled by the European
mixed financial holding person, in addition to the tasks set out
This Act, a special law ^ 2) or directly applicable
the EU regulation governing the prudential requirements also
tasks:
and) coordinates in relation to the supervisory authorities of other Member States
the collection and provision of relevant or necessary information,
(b)), in cooperation with the competent authorities of supervision plans and coordinates
the procedure of these bodies in the exercise of supervision; This activity includes
the coordination and planning of the oversight activities of the bank modified in section
8B paragraph. 1 (a). (b)), the eighth part of the regulation of the European Parliament and of the Council
(EU) no 575/2013 and in § 12 c, supervision carried out under section 25 c and
the imposition of measures pursuant to section 26 paragraph. 1, including the coordination of the supervision
similar provisions in the meaning of the legislation of another Member
the State,
(c)), in cooperation with the competent authorities and, where appropriate, with
the central banks of the European system of central banks, which
means the Central Bank of the European system of central banks under article. 4
paragraph. 1, point 45 of the European Parliament and of the Council (EU) no 575/2013
plans and coordinates the procedure of these bodies in the preparation of the negative
the development of the Bank and on emergency situations, and the procedure of these organs in the course of the
negative development in the Bank and in emergency situations; further plans and
coordinates the preparation of joint assessments, the introduction of plans for emergency
the situation, informing the public and saving measures to remedy the
the extraordinary importance within the meaning of § 38i paragraph. 1 (a). (b)) and similar
the provisions of foreign law,
(d)) on request provides the supervisory authorities of other Member States
executing the supervision of a person who is a member of such
the consolidated Group, the information necessary for the performance of supervision over this
person, in particular taking into account the importance of this person for financial market
the State (§ 38ha)
e) decide on the joint application for the granting of prior consent with
the use of any of the internal approaches or request for change
used by access.
(2) If the competent supervisory authority of another Member State with the Czech
the National Bank in the performance of its task referred to in paragraph 1 in
sufficient extent does not cooperate, the Czech National Bank
inform the European banking authority ^ 23).
(3) the Czech National Bank may inform the European banking authority
also of cases where the supervisory authority of another Member State in the exercise of
supervision on a consolidated basis over the European group controlling
the Bank, a group of European financial holding the person or responsible
the Bank, controlled by the European mixed financial holding the person whose
Member of the Czech National Bank is subject to supervision, fulfil its tasks stored on the
the basis of the regulation of the European Union relating to the credit
institutions ^ 23).
§ 26j
(1) if the Czech National Bank, the bank supervision group
the European Bank, the group controlling European financial holding of the person
or the Bank controlled the European person and mixed financial holding
If the emergency situation in the Member State in which the registered office of the
of this group, or which carries on business through a significant
the branch relevant branches according to the law governing the activity of the
savings and credit cooperatives, or a major branch in accordance with the law
governing the business on the stock market, the Czech National Bank without
undue delay shall communicate to the
and central banks) the European system of central banks in Member
States concerned by this situation, and under the conditions referred to in
Section 25a paragraph. 4 (b). (j)), and
(b)) the European banking authority and the European Council for system
risk and the public authorities referred to in section 25a, paragraph. 4 (b). l)
the Member States concerned by this situation, all of the information that are
relevant to them.
(2) where the Czech National Bank is an exceptional situation, which may have
the impact in a Member State, it shall inform without delay the European authority
the executing authority for banking and banking supervision on a consolidated
the basis of the above, the European Group of the controlling of the Bank or the Group
European financial holding of the person whose member has its registered office in the
Member State or in the Member State of activity
through the relevant branches, major branch under the Act
relating to savings and credit cooperatives, or significant
the branch according to the law governing business on the capital market.
section 26 k
(1) if the Czech National Bank banking supervision on a consolidated
the basis of the above group of European banks, the European Group of the controlling
financial holding the person or Bank, controlled by the European mixed
financial holding person, it is appropriate, in agreement with the other institutions
carrying out the supervision of members of such groups, save the Member of this
Group
and) corrective measures under section 26(3). 2 (a). and) point 1 and according to § 26
paragraph. 2 (a). (c)), in the case of a bank or a foreign bank,
b) corrective measures of increase of capital above the minimum
level and in the form of special liquidity requirements under the Act
relating to savings and credit cooperatives, if the
savings and credit cooperative, or
c) corrective measures of increase of capital above the minimum
level and in the form of special liquidity requirements under the Act
governing the business on the stock market, if the merchant's
securities, which is not a bank or a foreign trader
securities pursuant to the law governing business on the capital market.
(2) the Czech National Bank in advance to inform the other authorities of the executing
supervision over members of the group concerned of the intention to impose measures to remedy the
in accordance with paragraph 1, they shall submit a report on the assessment of the risks
capital and liquidity risk of the group. The Czech National Bank develops
efforts to ensure that the agreement was reached in accordance with paragraph 1 within a time limit to 4
months from the date, when presented to the other authorities supervising
members of the group concerned over the report on the assessment of the risk coverage capital, and
within 1 month of the date on which submitted a report on risk assessment
liquidity.
(3) if the agreement referred to in paragraph 1 within that time limit is reached,
and the Czech National Bank) is appropriate to impose corrective measures referred to in
paragraph 1, members of the group concerned, over which it exercises oversight, and without
the agreement with the other institutions engaged in the supervision of the members concerned
of the Group; in doing so, shall take into account the risk assessment, the members of this group
expressed in the opinion of the other authorities exercising supervision over the
members of this group, and those authorities shall send a copy of the written note
copy of the decision, or
(b)) may the Czech National Bank in the last 7 days before the date of expiry of the time limits
referred to in paragraph 2 may request the European banking authority of
settlement of the dispute by the directly applicable European Union regulation
relating to the supervision of the financial market in the area of banking ^ 24);
If the Czech National Bank or authorities to supervise the members
a group of concerned referred to in paragraph 1 apply to the settlement of the dispute,
the Czech National Bank interrupts the proceedings for the imposition of measures to remedy the
the release of the decision of the European banking authority.
(4) If no agreement is reached between the authority supervising the
consolidated basis over a group of European banks, the controlling group
European financial holding of the person, the Bank controlled the European mixed
financial holding person or group, the European leader
Merchant securities according to the law governing business
the capital market and the Czech National Bank on the imposition of measures to remedy the
The Czech National Bank, a bank that is a member of one or more of the listed
groups, and within 4 months from the day when, the executing authority
supervision on a consolidated basis over the Group presented the Czech
the National Bank report on the assessment of the risk coverage capital for this group,
or within 1 month of the date when the authority supervising the
consolidated basis over the Group presented the Czech national
a Bank report on the assessment of liquidity risk of the Group
and the Czech National Bank) is appropriate given the Bank saved separately
measures to remedy under section 26(3). 2 (a). and) point 1 and according to § 26
paragraph. 2 (a). (c)); in doing so, shall take into account the risk assessment, the members of this group
expressed in the opinion of the other authorities exercising supervision over the
members of this group, and those authorities shall send a copy of the written note
copy of the decision, or
(b)) may the Czech National Bank in the last 7 days before the date of expiry of
those time-limits may request the European banking authority for the settlement of the dispute
According to the directly applicable European Union regulation governing supervision of
the financial market in the area of banking ^ 24); If the Czech National Bank
or authorities to supervise the members concerned of the group referred to in
paragraph 1 apply to the settlement of the dispute, the Czech National Bank
the proceedings for the imposition of measures to remedy to the issue of the decision of the European
authority for banking.
(5) before issuing a decision under paragraph 3, the Czech National Bank
may request the opinion of the European banking authority. Czech
the National Bank's opinion requests always, if requested by
one of the other authorities exercising supervision over the members concerned
the Group of. If it was before the release of the decision referred to in paragraph 3 or 4
requested the opinion of the European banking authority, the Czech national
the Bank of it, unless the reasons for the decision shall state the reasons for
that deviates from this opinion.
(6) the Czech National Bank is reviewing the decision under paragraph 1, 3 3
(a). and paragraph 4 (b)) or. and at least once a year) the procedure
referred to in paragraphs (a), 3 1 2. and, in paragraph 4 (b)). and) and paragraph
55. Czech National Bank may review this decision on the reasoned
a written proposal from the authority executing the supervision of a member of the group concerned.
In this case, the decision referred to in paragraph 1, 3 (b). and) or
paragraph 4 (b). and also just in) to examine the scope of this proposal.
(7) the Bank is required to maintain capital on an individual or
consolidated basis above the minimum level, if this obligation
stored in a decision issued by the agreement with the Czech National Bank, the authority
another Member State executing the supervision on a consolidated basis.
section 26 l
(1) if the Czech National Bank banking supervision on a consolidated
the basis of the above group of European banks, the European Group of the controlling
financial holding the person or Bank, controlled by the European mixed
financial holding person, established for the performance of the tasks referred to in Article 26i
and the College of the 26j. The establishment and activities of the College are based on written
arrangements referred to in section 26 c of paragraph 1. 7, after the Czech National Bank
consultation with the relevant supervisory authorities. If appropriate, the Czech national
the Bank in compliance with the obligations of confidentiality and other requirements
laid down by the law of the European Union, coordinates the cooperation with supervisory authorities
other than the Member States. The establishment and activities of the colleges are not affected
the powers and responsibilities of the supervisory authorities of the European Union laid down the law.
(2) the College lays the groundwork for the cooperation of the Czech National Bank and
the other supervisory authorities concerned in
and) exchange of information,
(b) the application of the arrangements and international) treaties under section 26 c of paragraph 1. 6 to 9,
If it is appropriate,
(c) the establishment of checks based on plans) of the assessment of the risks concerned
the group under section 25 c,
(d) increasing the efficiency of supervision by limiting) duplicate the requirements in
the exercise of supervision, including the requirement to provide information under section 26 c
paragraph. 5, § 38ha paragraph. 3 the second sentence, and according to similar provisions
foreign law
(e) the application of the rules of prudent) single business within the concerned
the group, without prejudice to the powers of supervision provided for by the law of
The European Union,
f) planning and coordination of activities referred to in section 26i, paragraph. 1 (a). (c)) and
in similar provisions of foreign legislation, taking into account
the activities of other bodies, if they are set up for these purposes.
(3) the Members of the College are
and the Czech National Bank),
(b)) the authorities supervising the members of the group concerned,
(c) the supervisory authorities of the host State), in which the groups concerned
activity through the relevant branches, the relevant branches
According to the law governing the activity of the savings and credit cooperatives, or
significant subsidiaries under the law governing business capital
market,
(d)) of the Central Bank the European system of central banks, if it is
appropriate,
e) supervisory authorities, other than the Member States, where appropriate and
If, in the opinion of the supervisory authorities concerned, protects information
at least in the range of what is required by European Union law.
(4) the Czech National Bank governs the conduct of the College and determines who the members
participating in a meeting or other activity of the College. In doing so, takes into account the importance of
These activities for the performance of their duties as referred to in § 5, paragraph. 2 and
3, as well as their importance for members of the College. On the basis of available
information, in particular, take into account the potential impact on the stability of the financial
system in the Member States concerned, in particular in emergency
situations.
(5) the Czech National Bank is making an effort to ensure that the members of the College closely
cooperated. The Czech National Bank shall inform in advance the
members of the College about the College, meeting agenda and planned
activities and without undue delay, inform the conclusions adopted
at the hearing, or on other agreed activities.
(6) the Czech National Bank shall inform the European banking authority of
the activities of the College, and even in the event that occurs when an emergency occurs, and
give it all the information which are relevant for the approximation of the
tools and practices of banking supervision. The provisions of § 25a this is
prejudice.
§ 26 m
(1) the Czech National Bank may, in the exercise of supervision on a consolidated
the basis of the above mixed financial holding person, after consultation with the
the competent authorities may provide that in exercising this supervision
only apply the relevant provisions of the Act relating to the supplementary supervision
financial conglomerates, and under the condition that this mixed
financial holding person subject to comparable requirements of this law
and the law relating to the supplementary supervision of financial conglomerates,
in particular, as regards the risk-oriented supervision.
(2) if the Czech National Bank supervision on a consolidated basis
over responsible Bank controlled the European mixed financial holding
a person may, after consultation with the competent supervisory authorities stipulate that the
in exercising this supervision applies only to the relevant provisions of the Act
relating to the supplementary supervision of financial conglomerates, and under the
the conditions on this European mixed financial holding person
subject to comparable requirements of this Act and the law governing the
supplementary supervision of financial conglomerates, in particular as regards the
risk-oriented supervision.
(3) the Czech National Bank is responsible for consultation on the use of only
foreign legislation governing supplementary supervision of
financial conglomerates, is the supervising authority over Bank
controlled European mixed financial holding person and if this
consultation invited authority executing supplementary supervision of financial
the conglomerate.
(4) the Czech National Bank may, in the exercise of supervision on a consolidated
establish, that in the exercise of supervision over a mixed financial
holding a person uses only the provisions which apply to the
the most important sector in accordance with the law relating to the supplementary supervision of
financial conglomerates, and under the condition that this mixed
financial holding person equivalent to the requirements of this Act
and the law governing the activity of insurance companies, in particular as regards risk
oversight-oriented.
(5) if the Czech National Bank supervision on a consolidated basis
over responsible Bank controlled the European mixed financial holding
a person may, with the agreement of the competent authorities may provide that, in the
the performance of this surveillance shall apply only those provisions which are applicable to
the most important sector in accordance with the law relating to the supplementary supervision of
financial conglomerates, and under the condition that the European
mixed financial holding person subject to equivalent requirements
This law and the law governing the activity of insurance companies, in particular if
as for the risk-oriented supervision.
(6) the Czech National Bank is responsible for the agreement on the use of only
foreign legislation relating to the most important sector
According to the rules governing the supplementary supervision of financial
conglomerates, is the supervising authority over Bank controlled
European mixed financial holding person, and if to this agreement
invited by the authority carrying out the supplementary supervision of financial
the conglomerate.
PART NINE
RECEIVERSHIP
the title launched
section 27 of the
(1) decision, which establishes the receivership, contains:
and the reasons for the introduction of) receivership,
(b)) name, surname and birth number, and manager name, surname and maiden
the number of Deputy Administrator,
(c)) any restrictions or prohibitions on taking deposits, lending or
other activities.
(2) the costs associated with the performance of the administration are paid from the assets of
the Bank and are a load of the Bank on achieving, maintaining and securing income for
the purposes of the income tax of legal persons under the special law. ^ 6 c)
(3) the representative shall represent the Manager administrator in his absence, in the
full range. The provisions of this Act relating to the administrator applies
Similarly, for representatives of the administrator.
(4) If a law requires that a decision of the general meeting has been certified
public deed, the deed must be taken also of the decision of the
Administrator in such things.
section 28
(1) the administrator is an employee of the Czech National Bank. The Czech National Bank
may appeal the administrator or Deputy Administrator and create a new.
(2) the administrator is authorized to recruit for the performance of the Administration in the Bank for more
the person with the exception of persons who have a special relationship to the Bank in accordance with § 19
of this law. For the performance of the administration shall not be přibrány persons
they are in the position of a debtor to the Bank or that are in employment
relative to the other Bank. Přibrané persons are authorised to inspect
matters which are the subject of the Bank in the relevant Bank
the secret. They are also required to maintain the confidentiality of such matters.
(3) a person who was a member of the statutory body, a member of the Management Board
or a member of the Supervisory Board of the Bank or other responsible natural person,
seznámenou with the information necessary for the performance of the Administration, on the date of
the introduction of the Administration, or at any time in the period of 2 years prior to the
This day shall on request provide the synergy Manager.
section 29
(1) at the moment of delivery of the written copy of the decision on the introduction of
the Administration has suspended the performance of the functions of all the organs of the Bank, excluding
appeals against the imposition of forced administration. At the moment
the delivery of this decision is enforceable against everyone. The position of the statutory
the authority is administrator. It shall submit to the administrator, who is entitled to file an appeal
against the introduction of the Administration, at his written request, in the
a copy of the necessary extent of the available documentation of the Bank, and will allow
take copies and extracts from it.
(2) the general meeting of the Bank does not take place, and on matters within the competence of the general meeting
shall be decided by the administrator. If the administrator decides to increase the basic
capital of the Bank may exclude the shareholders ' preferential right to subscribe for new
the shares only if the Bank has not fulfilled within the time limit imposed measures to
remedy requiring the capital increase for the Bank.
(3) If the situation so requires, the Bank can a bank in receivership with the
the prior consent of the Czech National Bank, partially or completely
pause the treatment of depositors with their deposits in the Bank.
(4) the Bank in receivership may partially or completely suspend,
a maximum period of 6 months, the performance against persons with a special relationship to the
the Bank of legal titles occurring prior to the introduction of the administration. This
the time limit may be extended in the Administration, the Bank only in the case of the implementation of the
legal titles, which in this period, the administrator for the annulment, attacked
voidability or unenforceability in a court or other competent authority.
In this case, you can extend this period, and even repeatedly, until the
the date on which the decision of the Court or other competent authority in the matter shall take
legal power.
(5) where the insolvency administrator of the Bank, shall notify this fact to the
the Czech National Bank immediately and provide it with documents certifying this
the fact.
section 29a
To the conclusion of the contract on the basis of the bank debt over the
Administration by another bank or a branch of a foreign bank,
and does not require the consent of the creditors),
(b)) should be the prior consent of the Czech National Bank; The Czech National Bank
approval shall be granted only on condition that the person taking it over debt
ensure the proper and smooth continuation of client relations related
with the acquired debt.
section 29b
(1) If a bank in receivership the business race banks, the purchase price
must be determined as a result of the valuation of the business establishment and
related rights and obligations established pursuant to the State at the date of acquisition
the effectiveness of the contract of sale of commercial plant (hereinafter referred to as "Awards").
(2) the valuation must be handled impartially, completely, without undue
the postponement of the award of awards, with professional care and in accordance with generally
accepted valuation methods of business establishments and other assets.
(3) the award shall be disregarded on State guarantees or other area
by ensuring that the obligations of the Bank in receivership, provided by third parties
in order to preserve its security and stability. As well as the
account receivables from deposit insurance pursuant to this Act, and
the guarantee of the system relating to the assets of the customer with the merchant
securities pursuant to the law governing business on the capital market.
Any loans granted by the Czech Republic or the Czech National Bank
shall be deemed for the purposes of the award payable.
(4) To the purchase price plus interest, usually for periods of time from the date of acquisition
the effectiveness of the contract of sale of commercial plant by the due date of the purchase
the prices. If the result is positive, the value of the award shall be
to the seller the purchase price in the amount of CZK 1.
(5) the Bank in receivership, the buyer and the other persons that have together
things and have the documentation or information needed for the proper
development awards are required for this purpose is a person who
draw up business awards race Bank (hereinafter referred to as "oceňovatel"),
provide.
section 29 c
(1) the Oceňovatele shall be appointed by the Czech National Bank. The participants in the proceedings about the
the appointment of oceňovatele are the person who is to be appointed as oceňovatelem,
the Bank in receivership and the acquirer of a business establishment.
(2) Oceňovatelem may be appointed as the person who has the experience and
knowledge in the field of valuation of commercial establishments of banks, has sufficient
prerequisites for the development of sound and an independent valuation of the business
the race banks in receivership and their appointment agrees.
(3) the Oceňovatelem may not be the person who has a special relationship with the Bank,
that is or has been in the last 5 years of auditor of the Bank or that
able to guarantee the impartiality of the award.
(4) a person who is to be appointed as a oceňovatelem, is required to notify
The Czech National Bank, without undue delay on the fact that
in its opinion, could lead to doubts about its impartiality. This
the obligation also has oceňovatel, if it finds these facts in the course of the
the performance of the function.
(5) the Czech National Bank establishes the remuneration or the method of oceňovatele
destination, as well as its maturity. The reward is the United oceňovatele cargo
with the power of administration under section 27. 2 and also includes necessary expenses
oceňovatele. If the Bank's assets are not sufficient to pay the remuneration or
in part, it shall provide the oceňovateli reward or this part of the Czech
National Bank that the claim against the Bank in receivership on
her payment.
(6) the Czech National Bank can oceňovatele revoke, if oceňovatel
seriously violates the obligations laid down by this law, and
create a new oceňovatele. For the same reason the Czech national
the Bank cut the reward oceňovatele. For serious reasons the Czech national
Bank oceňovatele to refer to his request. Brought on the decomposition does not
suspensory effect.
(7) the revoked oceňovatel is required to provide the newly designated
oceňovateli all the assistance to fulfil his task.
(8) the provisions of section 29b and 29 c shall apply to the sale of part of the business
race analogy.
section 30
(1) the Administration may introduce the Czech National Bank for situations when
weaknesses in the Bank's activities threaten the stability of the Bank, or
of the financial system.
(2) if it is to be introduced to the receivership at a bank that has a branch within the territory of
the host Member State shall inform the supervisory authority, the Czech National Bank
the host State of the intention to introduce compulsory administration and about the possible
limitation of waste deposits and on the possible implementation of the restrictions against persons with
a special relationship to the Bank under section 29. 3 and 4; This information
provide before the decision or immediately afterwards, can't stand the
a thing of grace. Contains information and warnings on the possible consequences of the introduction of
Administration, or restrictions on the handling of deposits.
(3) the administrator shall exercise its powers under this Act and on the territory of the
other Member States with the exception of the use of coercive means or
Another use of force and binding powers to decide disputes or other
the proceedings, which are the competent courts or administrative authorities of the State concerned.
(4) the administrator shall be a certified copy of the decision on the introduction of
the Administration without its higher verification with a translation into the official language
of the State, if it is required. According to the Manager exercises its options
the powers under this Act and on the territory of third States.
(5) in exercising its powers on the territory of the Member States is governed by the administrator
the legal order of the State, in particular with regard to procedures for the sale of assets
and in the provision of information to employees. If it is in accordance with the legal
the rules of the State needed to fulfill the purpose of the Administration, the administrator
shall be obliged to request that information about the introduction of the receivership was registered in cadastre
real estate, the commercial register or in another public register.
The cost of the implementation of the registration shall be charged to the Bank.
section 31
(1) the administration shall be entered in the commercial register. Suggestions for entries
concerning the forced administration serves the Czech National Bank.
(2) the Court shall enter in the register of companies on a proposal from the Czech National Bank
the introduction of the Administration, the end of the Administration, and on appeal the administrator
and the appointment of a new administrator.
(3) the Court is obliged to decide within 3 days from the delivery of the proposals of the administrator
the registration in the commercial register, or within the same period to perform the write to the
commercial register, without issuing a decision. Restrictions
provided for by the Act on public registers of legal entities and natural
persons for the implementation of the registration in the commercial register without the issue of a decision
for the authorization of the registration shall not apply.
§ 32
(1) during the forced administration of the Czech National Bank can provide Bank
financial assistance for the removal of the temporary lack of liquidity.
(2) entitlement to the repayment of financial assistance provided pursuant to paragraph 1 has
precedence over all other obligations of the Bank.
section 33
(1) the receivership ends
and the delivery of the decision), the Czech National Bank on the end of the Administration,
(b) the appointment of a liquidator)
(c) the Declaration of bankruptcy, or)
(d)) the expiry of the 24 months since the introduction of the administration.
(2) the Administration does not end with the demise of the license of the Bank.
§ 33a
The provisions of this Act governing the introduction of the forced administration of the Bank do not have
influence on the exercise of the rights and obligations deriving from the agreement on the
financial collateral arrangement under the conditions laid down by law governing the
financial collateral ^ 15) or comparable conditions of foreign
the law, if the financial collateral has been agreed and was
before the introduction of the administration. This is true even in the case that the financial
ensure it was agreed or was on the day of the introduction of the Administration,
However, after this event occurred, unless the recipient of the financial
the collateral for such facts he knew or had to know and could. The provisions of the
This Act governing the introduction of the forced administration of the Bank do not have the effect of also
to meet the final settlement in accordance with the law governing business
capital market ^ 16) if the final settlement was concluded before the
the introduction of the administration.
PART TEN
THE WITHDRAWAL OF THE LICENCE OR CONSENT OF THE
the title launched
§ 34
(1) when the persistence of serious shortcomings in the activities of the Bank or branch
foreign banks from other than a Member State, or when the insolvency of the Bank
or bank branch from other than a Member State, the Czech National Bank
the licence shall be withdrawn; This measure may not be preceded by the introduction of a compulsory
Administration.
(2) a Licence may be withdrawn if the
and the Bank or bank branch) from other than a Member State to initiate the
activity within 12 months from the date of grant of the license, or if, after a period of 6
months does not accept deposits from the public, or provide loans,
(b)) in the Bank's activities was the lack of detected in the activity, which would
at the same time could fill the characters of misconduct under section 36e of paragraph 1. 2 (a).
and), d), (f)), g), (h)), i), (j)), k), m), (n)),) or section 36e of paragraph 1. 3 (b). (c))
and foreign bank based in a Member State other than the executing
activity on the territory of the Czech Republic through its branch
committed misconduct under section 36 h of paragraph 1. 1 (a). (d)) or section 36 h
paragraph. 2 (a). (b)), d) and (e)),
(c)) the applicant in the application for the licence stated false information or withheld
the essential information necessary for the assessment of applications for the granting of the licence,
(d)) remain serious weaknesses in the operations of a foreign bank with head offices
on another territory than the territory of a Member State, that carries on the territory of the Czech
Republic Bank activity through their branches, or
its bankruptcy,
(e)) against the Bank was a final judgment for a serious breach of
the law governing the measures against the legalization of proceeds of crime
and the financing of terrorism, or
(f) the Bank does not meet the requirements laid down) in the third, fourth or sixth
Regulation of the European Parliament and of the Council (EU) no 575/2013, § 26 paragraph. 2
(a). and) point 1 or § 26 paragraph. 2 (a). (c)).
(3) the licence shall be withdrawn by the Czech National Bank, if it finds that the total
the capital ratio banks on an individual basis is less than one
one-third of the total capital ratio according to the article. paragraph 92. 1 (a). (c))
Regulation of the European Parliament and of the Council (EU) no 575/2013. Czech national
in this case, the Bank may revoke the licence, if the Bank in forced
management of the Bank or a special purpose. The Czech National Bank shall withdraw
the licence, if it finds that the capital ratio of bank branch from another
before a Member State is less than one-third of the capital ratio
According to section 12a paragraph. 1.
(4) the Czech National Bank may withdraw the consent given in accordance with this
the law, if the consent granted on the basis of false data or
the applicant in the application for consent to the concealed material information necessary to
for the assessment of this application.
section 35
(1) the decision on the withdrawal of the licence, shall be published in the trade journal; in
the case of the Bank branch of the State other than a member, Czech National Bank
inform the decision of the supervisory authority of the country of residence of the foreign bank.
(2) the date on which the decision on the withdrawal of the licence concerned may not
legal person to accept deposits and provide loans and operate more
activities, with the exception of those that are necessary for the settlement of its
receivables and Payables; pending the settlement of their claims and liabilities,
It is considered a bank under this law.
(3) the decision on the withdrawal of the licence delivers the Czech National Bank, the
body of the Bank. At the same time inform the decision of the authority of the Bank
surveillance state, in which the Bank has a branch.
(4) the decision on the withdrawal of the licence granted to a branch of the Bank from other than
the Member State shall deliver to the Czech National Bank, the person responsible for the management of
the branch.
PART ELEVEN
The liquidation of the Bank
section 36
(1) if the Bank is deleted with the liquidation, the proposal on the appointment of the liquidator
may be made only by the Czech National Bank. Only the Czech National Bank serves
also the proposal on the appeal of the liquidator and the appointment of a new liquidator and
the proposal for the abolition of the joint-stock company, was withdrawn to the Bank license.
The Court shall decide on the proposal of the Czech National Bank within 24 hours of submission
the proposal.
(2) the liquidator shall not be a person who has or had a special relationship to the
the Bank, which is or has been in the last 5 years of auditor of the Bank or the
in any way on the audit of the Bank. With regard to the scope of the
the activities of the liquidator shall determine the rate of the Czech National Bank and the maturity of its
rewards.
(3) a natural person, which, when the liquidation of the Bank met with the data on the
which are covered by bank secrecy, are required to maintain
confidentiality, pursuant to section 39 of this Act apply mutatis mutandis.
(4) the liquidator shall submit to the Czech National Bank without undue delay
the financial statements and the documents processed in the course of the liquidation in accordance with the
the civil code and the law governing the legal relations of business
companies and cooperatives, and on written request, the Czech National Bank for more
supporting documents necessary for the assessment of the activities of the liquidator and the course of the liquidation.
(5) the liquidator is obliged to enforce the surrendering of the invalid law
negotiation (section 12 (2)).
PART OF THE TWELFTH
ADMINISTRATIVE OFFENCES
Misdemeanors
§ 36a
(1) a natural person has committed the offence by
and accepts the deposit) in contravention of section 2 (2). 1,
(b)), to which will need to be a licence under this Act, without
This license,
(c)) takes or increase a qualifying holding in a bank or a bank takes over
without the prior consent of the Czech National Bank pursuant to section 20 (2). 3,
(d) fails to comply with information requirements under) section 20 (2). 11,
(e)) as a person acting in concert
1. takes a qualified participation or increase on the Bank or the Bank would dominate the
without the prior consent of the Czech National Bank pursuant to section 20 (2). 3, or
2. fail to comply with information obligations under section 20 (2). 15, or
(f)) in the application for approval under this Act or the directly applicable
Regulation of the European Union governing the prudential requirements shall
false information or the length of the essential information necessary for the assessment of
This request.
(2) a natural person as a person under the supervision of the Czech National Bank
commits an offence that does not fulfil one of the obligations laid down
the control regulations.
(3) a member of the statutory body, the Board of directors or of the Supervisory Board
the Bank or any person as the person in the management of the Bank other than the
the Member State commits an offence in contravention of section 8 paragraph. 4
(a). (c)) at the same time takes the function in larger than the allowed range.
(4) a member of the statutory body, the Board of directors or of the Supervisory Board
the Bank has committed an offence that does not inform without delay the Czech
National Bank pursuant to section 26b, paragraph. 1.
(5) any natural person as the person in the management of foreign banks based in the
other than a Member State, that carries on the territory of the Czech Republic
banking activities through its branch offices, or as a person in the
the leadership of the branch commits an offence that does not inform us immediately
The Czech National Bank pursuant to section 26b, paragraph. 2.
(6) a natural person as a person who was a member of the statutory body
the Bank, a member of the Management Board of the Bank, a member of the Supervisory Board of the Bank or other
the responsible natural person at the date of the introduction of the Administration, or at any time
in the period of 2 years prior to this day, is guilty of a misdemeanor, by
synergy Manager shall be granted under section 28 paragraph. 3.
(7) can impose a fine for the offense to
and 5 0000 0000 Czk), if the offence referred to in paragraph 2,
(b)) 10 0000 0000 Czk in the case of the offence referred to in paragraph 1 (b). (f)) or
paragraph 3,
c) 20 0000 0000 CZK in the case of a misdemeanour provided for in paragraphs 4 to 6,
(d) the amount of the advantage) twice, if it is a misdemeanor under
paragraph 1 (b). and (e))); If it is not possible for the amount of the advantage
to find out, you can impose a fine up to Czk 130 0000 0000.
section 36b
(1) is guilty of an offence Revoked oceňovatel that does not
synergy oceňovateli under section 29 c of paragraph 1. 7.
(2) a natural person as a person who, when the liquidation of the Bank met with the
the data, which are subject to banking secrecy, is guilty of an offence
the fact that breach of the obligation to maintain confidentiality in accordance with § 36 odst. 3.
(3) a bank Worker, a member of the statutory body, the Administrative Council, or
Member of the Supervisory Board of the Bank commits an offence by that breach of an obligation
maintain confidentiality pursuant to section 39.
(4) The Management Board of the deposit insurance fund, the worker, and more
the person responsible for the performance of activities is guilty of an offence that violates
the obligation to maintain confidentiality under section 41b paragraph. 8.
(5) the liquidator, administrator, Deputy Administrator, or the insolvency administrator
commits an offence that does not provide the information to the deposit insurance fund according to the
section 41 d of paragraph 1. 2.
(6) the natural person such as the applicant for the licence commits an offence in
the application shall indicate false information or the length of the essential information necessary for the
examination of the application.
(7) can impose a fine for the offense to
2 0000 0000 Czk), if the offence referred to in paragraph 5,
(b)) 20 0000 0000 CZK in the case of a misdemeanour provided for in paragraphs 1 to 4, or
of paragraph 6.
Administrative offences of legal persons and natural persons-entrepreneurs
section 36 c
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and accepts the deposit) in contravention of section 2,
(b)) wrongly uses the designation "Bank", "savings bank" or its
translations or indication from him to derivative in commercial company
(c) initiate activity) which is licensed under this Act, without
This license,
(d)) takes or increase a qualifying holding in a bank or a bank takes over
without the prior consent of the Czech National Bank pursuant to section 20 (2). 3,
(e) fails to comply with information requirements under) section 20 (2). 11,
(f)) as a person acting in concert
1. takes a qualified participation or increase on the Bank or the Bank would dominate the
without the prior consent of the Czech National Bank pursuant to section 20 (2). 3, or
2. fail to comply with information obligations under section 20 (2). 15,
(g)) in the application for approval under this Act or the directly applicable
Regulation of the European Union governing the prudential requirements shall
false information or the length of the essential information necessary for the assessment of
This application, or
h) fails to provide the synergy oceňovateli under section 29b, paragraph. 5.
(2) the Legal or natural person-entrepreneur as a person subject to
supervision of the Czech National Bank has committed misconduct by
fail to fulfil one of the obligations laid down by the inspection regulations.
(3) a legal entity or a natural person-entrepreneur as a person included in the
the consolidated Group have committed misconduct by
and the Czech National Bank) do not communicate the information necessary for the implementation of the supervision
on a consolidated basis, or to communicate information false, distorted,
at length the relevant information or fails to comply with a time limit for their submission,
(b)) does not create adequate control mechanisms to ensure the accuracy of the
the information provided for the purposes of supervision on a consolidated
basis.
(4) the Legal or natural person-entrepreneur as a person to be
appointed oceňovatelem, and oceňovatel has committed misconduct by
that tells you that the Czech National Bank on the fact pursuant to section 29 c of paragraph 1. 4.
(5) Oceňovatel has committed misconduct by processes of valuation in the
contrary to the requirements laid down in section 29b.
(6) the revoked oceňovatel commits misconduct that does not
synergy oceňovateli under section 29 c of paragraph 1. 7.
(7) the Legal or natural person, operating as an applicant for a license shall
committed misconduct by false information in the application or
length of the essential information necessary for the examination of the application.
(8) the legal person as the person to whom the licence lapse, commits
the administrative tort by adopting a deposit, will provide a loan or take place
other activities after the expiry date of the licence.
(9) for the administrative offence is imposed in the
and 5 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 2,
(b)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (g)), and
paragraph 4,
c) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),
(h)), paragraph 3, paragraph 5, paragraph 6 or paragraph 7,
(d) the amount of the advantage) twice, if the administrative tort
referred to in paragraph 1 (b). and (c))) to (f)), and committed to doing business
a natural person; If it is not possible to determine the amount of the advantage,
saves a penalty to 130 0000 0000 CZK
(e) the amount of the advantage) twice, if the administrative tort
referred to in paragraph 1 (b). and (c))) f) or paragraph 8 and committed to
legal person; If it is not possible to determine the amount of the advantage,
saved a penalty in the amount of 10% of the net annual turnover
a legal person for the immediately preceding financial year,
includes items listed in the article. Regulation of the European Parliament and of the 316
The Council (EU) no 575/2013
(f) the amount of the advantage) twice, if the administrative tort
referred to in paragraph 1 (b). and (c))) f) or paragraph 8 and committed to
the controlled person; If it is not possible to determine the amount of the advantage,
saved a penalty in the amount of 10% of the net annual turnover resulting from
the consolidated financial statements of the controlling person for immediately
the previous accounting period.
section 36 d
(1) the financial holding person, person or a mixed financial holding
mixed holding a person commits misconduct by
and does her) statutory authority, a member of the statutory
authority, a member of its management board or a member of its supervisory board meets
requirements under section 26 g, paragraph. 5, or
(b)) in contravention of section 26 g of paragraph 1. 6 in advance does not inform the Czech National Bank on the
the proposed changes in the leadership or does not submit the required
the supporting documents.
(2) a payment institution, the payment service provider of the small scale,
an electronic money institution or publisher of electronic money
small scale, on whose account the funds are registered,
that the payment service users have entrusted them to the execution of the payment
transaction ^ 13) or against whose adoption had been issued electronic
money, committed misconduct by that informs the user of the
the payment of the services or the holder of the electronic money on request
information under section 41f paragraph. 10.
(3) a securities dealer on whose account are recorded cash
the resources that make up the assets of the customer according to the law governing the
business on the capital market, or a payment institution, the provider
a small range of payment services, electronic money institutions, or
the Publisher of a small range of electronic money on the account are
registered funds to them users of payment services
have entrusted to the execution of the payment transaction ^ 13), or against the acceptance of the
have been issued electronic money, committed misconduct by
and fails to comply with the notification obligation) to the Bank or branch of a foreign
the Bank under section 41f paragraph. 7, or
(b)) does not register the data according to § 41 c of paragraph 1. 3.
(4) the beneficiary of a financial institution based in the Czech Republic commits
the administrative tort by
and shall establish a branch within the territory) of the host State, in contravention of section 5f,
(b)), the Czech National Bank has notified changes in the data referred to in § and § 5f 5 g
paragraph. 1, or
(c)) will take place on the territory of the host Member State the activities referred to in section 5 d without
the establishment of branches and without notice of the intended activities before the start of the performance
any of them, the Czech National Bank in accordance with § 5i.
(5) for the administrative offence is imposed in the
10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)
or (b)), paragraph 2 or 3,
(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 4.
Administrative delinquencies banks
section 36e
(1) the Bank has committed misconduct by
and activities carried out in breach of) with the license,
(b)) shall establish a branch within the territory of the host State, in contravention of section 5f,
(c) to undertake activities) begins on the territory of the host State in conflict with
procedure laid down in section 5 h of paragraph 1. 2,
(d)), the Czech National Bank has notified changes in the data referred to in § and § 5f 5 g
paragraph. 1,
(e)) will take place on the territory of the host Member State the activities referred to in section 5 d without
the establishment of branches and without notice of the intended activities before the start of the performance
any of them, the Czech National Bank in accordance with § 5i,
(f) fails to fulfil any of the obligations) under section 8 (2). 3,
(g) a certified copy of the articles of Association) does not save or their changes at the Czech National Bank
pursuant to section 9 (2). 3,
h) fail to fulfil one of the obligations of information under section 11 (2). 1 or
2,
I) does not set the agenda of each contract concluded with the client pursuant § 11 (1). 4,
(j)) establishes an effective procedure for dealing with complaints of clients, or
This procedure does not inform,
to the data referred to in section neuveřejní) of the eighth regulation of the European Parliament and of the
The Council (EU) no 575/2013
l) establishes internal procedures and policies by directly applicable regulation
The European Union governing the prudential requirements
m) contrary to section 12 paragraph. 1 carry out trade in a way that harms the
the interests of its depositors in terms of return on their deposits, or
threatens the security and stability of the Bank, or
n) contrary to section 12 paragraph. 2 contracts, under the conditions that are
her strikingly detrimental.
(2) the Bank has committed misconduct by
and) its command and control system does not meet all the requirements laid down
This law, the law implementing it, a decision issued by the
under section 8b, directly applicable EU regulation governing the
prudential requirements, regulations or decisions of the European Commission,
(b)) does not provide a legal person or natural person in connection with its
business without delay a written explanation of its credit
evaluation according to the article. paragraph 431. 4 regulation of the European Parliament and of the Council
(EU) no 575/2013
c) fails to comply with the rules for determining the capital, specifying individual
capital requirements and conditions for the use of basic and internal
approaches for the calculation of capital requirements according to the part of the second and third
Regulation of the European Parliament and of the Council (EU) no 575/2013 and the measures
the general nature of the Czech National Bank in accordance with § 20 d
(d)) shall not divulge to the Czech National Bank information, or incomplete or incorrect
the information referred to in article. paragraph 99. 1 regulation of the European Parliament and of the Council (EU)
No 575/2013, regulation or a decision of the European Commission,
e) uses or changes the internal approach for the calculation of capital
the request without the prior consent of the Czech National Bank or other
supervisory authority of the Member State, or uses this approach is contrary to the
the mandatory conditions set out in the consent referred to in article. 143
Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or
decision of the European Commission,
(f)) do not communicate the information to the Czech National Bank, or incomplete or incorrect
information on the capital requirements laid down in article. 101 of regulation
The European Parliament and of the Council (EU) no 575/2013, regulation or decision
The European Commission,
(g)) are exposed to credit risk of the securitised positions,
(h)) is the exposure in excess of the limits laid down in the article. 395 regulation
The European Parliament and of the Council (EU) no 575/2013 and the measures of a general nature
The Czech National Bank in accordance with § 20 d
I) contrary to the directly applicable EU regulation governing the
the prudential requirements of the Czech National Bank will not share information or communicate
incorrect or incomplete data on the
1. large exposures
2. pákovém,
3. liquidity,
(j)) does not maintain a repeatedly or for extended periods under article liquid funds.
412 European Parliament and Council Regulation (EU) no 575/2013
to make available information in the range) and in the manner laid down in article 4(1). paragraph 431.
1 to 3, or article. paragraph 1(a) 451. 1 regulation of the European Parliament and of the Council (EU)
No 575/2013, by regulation or by decision of the European Commission, or such
make available information with incomplete or incorrect information,
l) splits a portion of the profit after tax in contravention of this Act,
m) fails to comply with information obligations under section 20 (2). 18,
n) to provide implementation of the holders of investment instruments included in the
capital of the Bank in breach of article. 28, 51 63 or regulation of the European
Parliament and of the Council (EU) no 575/2013, or
about) to a person who does not meet the requirements of this Act on a member of the
the statutory authority of the management board or Supervisory Board of the Bank, a State or
to remain a member of this body.
(3) the Bank has committed misconduct by
and does not accept or does not apply), regularly neprověřuje and strategies
procedures under section 12,
(b) fails to comply with any of the) information obligations under section 16(1). 2, section 16a
or section 24, or the eighth section of the regulation of the European Parliament and of the Council (EU)
No 575/2013
(c)), the Czech National Bank fails to notify without undue delay the acquisition of
qualifying holding, or to demonstrate compliance with pursuant to article. 89 of regulation
The European Parliament and of the Council (EU) no 575/2013, or
(d) to demonstrate compliance with the conditions referred to in) § 17 paragraph. 1.
(4) the Bank has committed misconduct by
and) contrary to section 20a, paragraph. 3 to 5 do not submit a listing of all of the shareholders, or
admit the participation of persons marked the Czech National Bank at the general meeting
or held the general meeting without the written submissions of the Czech National Bank,
(b)) does not repair clearing pursuant to section 20 c of paragraph 1. 1,
(c)) breach of an obligation to register under the accounts separately, shops at
the client's account and the bank account stores
d) breach of an obligation of keeping the documents underlying transactions
for 10 years,
(e)) does not ensure that the auditor has conducted
1. verification of the financial statements of the Bank pursuant to section 22 paragraph 1(b). 1 (a). and)
2. verification of the management and control system of the Bank in accordance with § 22 paragraph 1(b). 1
(a). (b)),
3. reporting on the verification of the financial statements and the management and control
system referred to in section 22, paragraph. 1 (a). (c)),
4. the verification of published information referred to in article. 431 to 455 of regulation
The European Parliament and of the Council (EU) no 575/2013
f) notifies the selected auditor the Czech National Bank pursuant to section 22 paragraph 1(b). 4,
(g)) does not ensure that the verification of the facts referred to in section 22, paragraph. 1 done
an auditor who is not a person referred to in section 19, paragraph. 1,
(h)) shall not disclose the annual report or the consolidated annual report referred to in section
23 paragraph. 1,
I) submit an annual report or consolidated annual reports in
the prescribed time limit of the Czech National Bank,
(j)) does not in the required time corrective action under section 26 or section
26A, or
to maintain a minimum capital ratio) the amount laid down in the decision
issued on the basis of § 26 k, paragraph. 7.
(5) the Bank has committed misconduct by
and) in requests for consent under this Act, or directly applicable
Regulation of the European Union governing the prudential requirements shall
false information or the length of the essential information necessary for the assessment of
This application,
(b)) breach of an obligation to process data about clients, pursuant to section 37, paragraph. 2,
(c) the absence of the written request) a report on matters relating to the
the client, which are subject to banking secrecy, the bodies referred to
in § 38 paragraph. 3, 4 and 6,
(d) the absence of the report of the matters) of the client which are subject
Bank secrecy, in connection with its business on the territory of another
State, if this is necessary to fulfil the obligations imposed by the legislation of the
the State on whose territory it is taking,
(e) the client does not provide the listing information), that are about him kept in
the registry under section 38a, paragraph. 2,
(f)) does not participate in the system of insurance receivables from deposits or contribute in the
range specified by this law to the deposit insurance fund,
(g)) does not identify the depositor in accordance with section 41 c of paragraph 1. 3 or 4,
(h)) does not provide data to the deposit insurance fund under section 41 c of paragraph 1. 11, section 41 d
paragraph. paragraph 2, section 41f. 3 or § 41n,
I) uses information received from persons listed in section 41f paragraph. 7 and 8 in the
contrary to section 41f paragraph. 9, or
j) used in the advertising of the differences between the claims of the insurance deposit
by the Member States.
(6) for the administrative offence is imposed in the
10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (b))
(e)), h) or even),
(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)),
(g)), j) to (n)),
c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
paragraph 3 (b). and (b))), (d)), paragraph 4 or paragraph 5,
(d) the amount of the advantage) twice, if the administrative tort
referred to in paragraph 2 or of paragraph 3 (b). (c)) and committed to legal
the person; If it is not possible to determine the amount of the advantage,
a fine in the amount of 10% of the net annual turnover achieved by the Bank for
immediately preceding financial year, which includes items
referred to in the article. 316 European Parliament and Council Regulation (EU) No.
575/2013
(e) the amount of the advantage) twice, if the administrative tort
referred to in paragraph 2 or of paragraph 3 (b). (c)) and committed to controlled
the Bank; If it is not possible to determine the amount of the advantage,
a fine in the amount of 10% of the net annual turnover resulting from the consolidated
the financial statements of the controlling entity for the immediately preceding financial
the period.
section 36f
(1) the Bank, on the basis of § 8b paragraph. 4 the obligation to establish and maintain
the management and control system on a consolidated basis, is guilty of
the administrative tort that does not ensure that the organisational arrangements and other
mechanisms referred to in section 8b, paragraph. 1 and used by members of the consolidation
the whole way prescience did and were mutually linked and resulted from them all
the information required for the purposes of decision-making processes within the
consolidated Group and for the purposes of exercising supervision.
(2) a bank that has a significant position on the Czech financial market
Republic, the committing of administrative tort by neuveřejní information referred to in
part of the eighth European Parliament and Council Regulation (EU) no 575/2013.
(3) the National Bank or the Bank the controlling shareholder responsible financial group
holding the person or group responsible bank foreign controlling
the Bank has committed misconduct by
and the Czech National Bank) notifies the auditors who will perform an audit
the persons included in the consolidation under the banking supervision
The Czech National Bank under section 26 g, paragraph. 2, or
(b) fail to provide audit information) under section 26 g, paragraph. 3.
(4) the Bank has committed misconduct, that the breach of an obligation under section
26 g of paragraph 1. 4 watch your operations with members of the same consolidated Group
or control the risks associated with them or to subject it to the corresponding
internal control mechanisms.
(5) the controlling Bank, responsible Bank in the financial holding group
the person responsible Bank in the Group of foreign banks, the Bank in controlling
the Group mixed holding persons responsible Bank controlled by the joint
financial holding person, that are members of the consolidated Group
subject to the banking supervision of the Czech National Bank commits
the administrative tort that fail to comply with any of the obligations on the
consolidated basis pursuant to section 26f, paragraph. 1, or article. 11 and 13 of regulation
The European Parliament and of the Council (EU) no 575/2013.
(6) for the administrative offence referred to in paragraphs 1 to 5 shall be imposed a fine of up to 50 000
USD.
section 36 g
Administrative offences, foreign banks established in the Member State
(1) a foreign bank with its registered office in a Member State, that carries on
the territory of the Czech Republic's banking activities through its subsidiaries,
committed misconduct by
and will take place on the territory) of the Czech Republic's banking activities in conflict with section
5 c up to 5 m,
(b)) does not save at the Czech National Bank, an extract from the commercial register or its
the changes,
(c) fails to comply with any of the) information obligations under section 11 (2). 1 or
2,
(d)) in contravention of section 11 (1). 5 establishes an effective procedure for the handling of
complaints about this procedure or does not inform,
e) breach of an obligation to register under the accounts separately, shops at
the client's account and trades on behalf of a foreign bank,
f) breach of an obligation of keeping the documents underlying transactions
for 10 years,
(g) fails to comply with any of the) information obligations under section 24,
(h)) does not perform the required corrective measures issued pursuant to section
26 paragraph. 1,
I processed the information about the clients), pursuant to section 37, paragraph. 2,
j) has violated the obligation to maintain banking secrecy under section 37, paragraph. 2,
to the absence of the persons entrusted with the) banking supervision report of all
matters which are subject to banking secrecy,
l) does not give a written request to report on matters relating to the
the client, which are subject to banking secrecy, the bodies referred to
in § 38 paragraph. 3, 4 and 6, or
m) used in the advertising of the differences between the claims of the insurance deposit
by the Member States.
(2) a foreign bank established in a Member State, that carries on
the territory of the Czech Republic banking activities through its subsidiaries and
uses the insurance under section 41 m, committed misconduct by
and the system does) insurance of receivables from deposits or contribute in the
range specified by this law to the deposit insurance fund, or
(b) does not provide data), the deposit insurance fund under section 41 c of paragraph 1. 11, section 41 d
paragraph. paragraph 2, section 41f. 3 or § 41n.
(3) for the administrative offence is imposed in the
10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (b)),
(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c))
(g)),
c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and (h)))
and m) or paragraph 2.
section 36 h
Administrative delicts of a foreign bank based in a Member State other than the
(1) a foreign bank established in another Member State than that
carries on the business of banking in the Czech Republic through its
the branch has committed misconduct by
and banking activities take place) on the territory of the Czech Republic without a licence
granted under section 5,
(b)) take place on banking activities in contravention of the license,
(c)), accepts deposits, makes loans, or performing other activities after the date
the demise of the licence,
(d)) does not have the management and control system under section 8b, paragraph. 1 and 2,
(e)) is not saved by the Czech National Bank, an extract from the commercial register or its
the changes,
(f)) neuveřejní information under section 11,
(g)) does not provide a legal person or natural person in connection with its
business without delay a written explanation of its credit
the guest according to § 11 (1). 3,
(h)) does not lead the agenda of each contract concluded with the client pursuant § 11 (1). 4,
I) in contravention of section 11 (1). 5 establishes an effective procedure for the handling of
complaints about this procedure or does not inform,
(j)), introduces internal procedures and policies according to the § 11a paragraph. 7,
k) contrary to section 12 paragraph. 1 executes trades in a way that harms the
the interests of its depositors in terms of return on their deposits, or
threatens the security and stability of a foreign bank, or
l) contrary to section 12 paragraph. 2 contracts, under the conditions that are
her strikingly detrimental.
(2) Foreign bank other than a Member State, that carries on
the territory of the Czech Republic's banking activities through its subsidiaries,
committed misconduct by
and maintain the capital ratio) kept pursuant to section 12a paragraph. 1,
(b)) in contravention of section 24, paragraph. 2 do not communicate the information to the Czech National Bank or
incomplete or incorrect information,
(c)) shall apply or change internal approach for the calculation of capital
the request without the prior consent of the Czech National Bank pursuant to section 12a
paragraph. 3,
d) violate any rule by implementing legislation
issued for the implementation of section 13 (3). 1 and § 14 paragraph. 1, or
e) does not comply with the conditions laid down in section 13.
(3) Foreign bank other than a Member State, that carries on
the territory of the Czech Republic's banking activities through its subsidiaries,
committed misconduct by
and fails to comply with any of the) information obligations under section 16b, paragraph. 1,
(b)) performs with the persons referred to in section 19, paragraph. 1 stores, which would
due to its nature, purpose, or risk have been made with
other clients,
(c)) breach of an obligation to register under the accounts separately, shops at
the client's account and trades on behalf of a foreign bank,
(d) evidence of the underlying neuschová) stores for 10 years under section
21. 2,
(e)) does not ensure that the auditor has conducted
1. verification of the financial statements of the foreign bank,
2. verification of the management and control system of the branch of a foreign bank,
3. reporting on the verification of the financial statements and the management and control
the system,
f) notifies the selected auditor the Czech National Bank pursuant to section 22 paragraph 1(b). 4,
(g)) does not ensure that the verification of the facts referred to in section 22, paragraph. 1 done
an auditor who is not a person referred to in section 19, paragraph. 1,
(h)) does not perform the required corrective measures under section 26(3). 1,
I processed the information about the clients), pursuant to section 37, paragraph. 2,
j) has violated the obligation to maintain banking secrecy under section 37, paragraph. 2,
to the absence of the persons entrusted with the) banking supervision report of all
matters which are subject to banking secrecy,
l) does not give a written request to report on matters relating to the
the client, which are subject to banking secrecy, the bodies referred to
in § 38 paragraph. 3, 4 and 6,
m) does not participate in the system of insurance receivables from deposits or contribute in the
range specified by this law to the deposit insurance fund, or
n) does not provide data to the deposit insurance fund under section 41 c of paragraph 1. 11, section 41 d
paragraph. paragraph 2, section 41f. 3 or § 41n.
(4) in the administrative offence is imposed in the
10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (e))
I),
(b)) 20 0000 0000 CZK in the case of an administrative offence under paragraph 3 (b). (l)),
c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
(d)), j) to (l)), paragraph 2, paragraph 3 (b). and) to), m) or (n)).
Common provisions
section 36i
(1) where the Czech National Bank, that there has been infringement of the legal
the obligations for which the penalty may be imposed under this Act, (hereinafter referred to as
"infringement"), it shall initiate the procedure for the imposition of sanctions, if the
the basis of the assessment of the detected infringement comes to the conclusion that the
It is socially harmful. In the assessment of social harmfulness
the infringement is based on the Czech National Bank, in particular, the nature,
the severity, duration and effect of the infringement and any
the procedure for persons suspected of offences while removing his
the consequences. If there is no procedure for the imposition of sanctions, shall be brought about
the record in the file and the case shall defer. The decision to postpone the things
does not issue.
(2) since the imposition of sanctions in the decision on administrative tort to refrain,
If the offender is sufficient to remedy the very discussion of the administrative
tort.
(3) the legal person for administrative offence does not match, if he proves that
made every effort, that it was possible to require that the infringement
the negotiations.
(4) in determining the amount of the fine, the legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed; where appropriate, taking into account also
and) the duration of the infringement,
(b)) the financial situation of the legal person,
(c)) the importance of the advantage of a legal person, if it can be
lay down,
(d) loss caused by third parties) identified an infringement,
(e) the legal person) cooperation in the management of the administrative tort,
f) prior administrative deliktům of the legal person.
(5) the criteria for fixing the amount of the fines referred to in paragraph 4 shall apply
(I) in determining the amount of the fine imposed for the offence of physical
to the person.
(6) the responsibility for the administrative offence under this Act shall cease, if the
The Czech National Bank on him to initiate proceedings within one year from the date of
It learned, but not later than 5 years from the day when it was committed.
(7) the offense of physical persons cannot be discussed, if the Czech national
Bank on it to initiate proceedings within one year from the date on which it
learned, but not later than 5 years from the day when it was committed.
(8) responsibility for the administrative offence, which occurred in the business
a natural person or in direct connection with the applicable provisions of the
the law on liability of legal persons and sanctions.
section 36j
(1) administrative offences under this law dealt with the Czech National Bank.
(2) the proceeds of the fines is the income of the State budget.
(3) the Czech National Bank without undue delay shall publish the final
the decision on a fine issued in a manner enabling remote access.
(4) the Czech National Bank shall publish the decision without putting the identification
information about the pokutované person, if the publication of the
and vis) was the person on the basis of an assessment of the
considered as manifestly unreasonable,
(b) jeopardise the stability of the financial market),
(c)) would jeopardize ongoing criminal proceedings,
(d) the person concerned) caused disproportionate damage.
(5) the decision referred to in paragraph 3 or 4 shall be published at least once
period of 5 years. Personal data of natural persons concerned shall be published only for the time
necessary in accordance with the law governing the protection of personal
of the data.
PART THIRTEEN
Common provisions
§ 37
(1) the banks and branches of foreign banks provide services to clients
contractual basis. Provision of services, while preserving the anonymity of the client
can the Bank or branch of a foreign bank.
(2) the banks and branches of foreign banks are required for the purposes of the Bank
stores collected and processed data on persons, including social security numbers,
If you have been allocated, with the exception of sensitive data relating to natural persons,
needed to be able to carry out banking business without
unfair laws and the risks for the Bank. The data must be
adequate legal and material risks of the banking trade body
data and relevant for the assessment of such risks. The so obtained, and
the data processed under the provisions of bank secrecy (section 38).
section 38
(1) On all banking transactions, cash services, banks, including the State of the
accounts and deposits, covered by bank secrecy.
(2) a report of all matters which are the subject of the Bank
the secret, the Bank is required to place the persons entrusted with the performance of the Bank
supervision. For the breach of bank secrecy is not an exchange of
information between the Czech National Bank and the banking supervisory authorities and
similar bodies of other States, if the subject of the exchange of information
the bodies which operate or intend to operate on the territory of the competent
State. Violation of the obligation to comply with bank secrecy is also not
the communication of data on the client and his shops in the administration of criminal
notice or in the performance of the notification obligation in accordance with the Act on certain
measures against the legalization of proceeds from crime and the financing of
terrorism, or pursuant to the law on the implementation of international sanctions.
(3) a report on matters relating to the client, which are the subject of
banking secrecy, the Bank shall, without the consent of the client only on written
request
and for the purposes of) Court Civil Procedure; ^ 8)
b) Authority participating in criminal proceedings under the conditions laid down in the specific
Law; ^ 9)
(c)) tax under the tax code,
(d) the financial arbiter in determining) the dispute in accordance with the Special
the law ^ 9 c),
(e)), the Ministry of finance under the conditions laid down by the law of some
measures against the legalization of proceeds from crime and the financing of
terrorism or the law on the implementation of international sanctions or the law on the
insurance and funding export with State support,
(f) social security institutions) in the case of social
Security and contribution to the State employment policy, which the client
He owes a debt to the costs, including premiums, penalties and fines, authorities
sickness insurance in the case of overpayment on doses
sickness insurance, compensation and debt on the regression fines,
the social security institutions or the municipal authorities of municipalities with extended
competence or entrusted with the municipal authorities in case of overpayment proceedings on the
social security benefits and debt in fines or the authorities of the State
social support in case of overpayment proceedings on the State social benefits
the aid, which the client is obliged to return; This also applies to the enforcement of this
Premium, contribution or the excess,
(g)) of health insurance in the case of insurance to the public
health insurance that the client owes; This also applies to the enforcement of this
insurance premiums,
(h)), the bailiff entrusted with execution under the Special
the law ^ 9b)
I) Office work of the Czech Republic in the matter of the management of the reimbursement of the financial
funds provided by the client from the State budget; This is true even for
the recovery of these resources,
j) intelligence services in order to accomplish a specific task in its
scope of the law governing the activities of the intelligence services
The Czech Republic, with the consent of the judge; for request messages shall apply
the provisions of the Act relating to the activities of the intelligence services of the Czech
of the Republic,
k) repealed,
l) of the National Security Office, the intelligence services, or
The Ministry of the Interior in the implementation of safety management in accordance with
a special law ^ 10 c).
The written request must contain the information, according to which the Bank may
the issue key.
(4) the Bank shall be obliged to communicate even without the consent of the client on written request
the social security bodies in the case of return debit benefits
on the client's account after the date on which the last payment of the levy due
deceased beneficiary, including its enforcement, identification data
his client, who is the owner of the account, and persons authorized to dispose of the
with the funds on this account and particulars of matters related
with this account. The Bank is also required to disclose to the client after the death of the
data on written request to the Office work of the Czech Republic.
(5) for the submission of the report referred to in paragraph 3 (b). and) and (h)) belong to the bank payment
the cost in kind.
(6) the Bank shall be obliged to communicate to the client without the consent of the person entitled under the
the purpose of the enforcement of the decision of the Bank of their client, therefore the number of
account and the identification code of the Bank or branch of a foreign bank and
identifying information about his client, who is the owner of the account. The same
the obligation of the Bank also applies in relation to a person who proves that, as a result of
the Bank's own bad disposition, or a branch of a foreign bank has suffered
damage, and that without this information cannot claim their right to issue
unjust enrichment in the meaning of the civil code. For the submission of
information belongs to the Bank remuneration in kind costs.
(7) if the client gets into arrears with the Bank on the financial implementation
For more than 60 days, or violate their obligations to the Bank agreed in
contract or laid down by law, is limited to the obligation of the Bank to maintain
banking secrets so that the Bank may inform the Bank or other third
the person or the public about the breach of the contract by the client, and may indicated just
the client name and designation of the broken obligations.
(8) the application of this law, the Bank, the client can avoid that within 30 days
from the breach of their obligations to the Bank with the Bank shall conclude an agreement on the
remedy. The Bank is not obliged to accede to the agreement. If within this period
the deal does not close or closed an agreement subsequently fails, the Bank may without
the next exercise their rights in accordance with paragraph 7. The client may options
of this paragraph, use of the law only once in a calendar year.
(9) on the branch of the Bank of the Member State shall apply paragraphs 2 to 8
Similarly, and on the branch of the Bank other than the Member State shall apply
paragraphs 1 to 8 and 11 apply mutatis mutandis.
(10) a report on matters relating to the client, which are the subject of
Bank secrecy shall submit the Bank in connection with its business on the
the territory of another State without the consent of the client, if it is necessary to meet the
the obligations imposed by the legislation of the State on whose territory it is taking.
The provisions of the Special Act of ^ 10b) are not affected.
(11) the violation of the banking secrecy is not the transmission of information to another
the payment service provider, or in the framework of the payment system, if
This is necessary due to the prevention of fraud in the area of payment
contact, their investigation and detection.
§ 38a
(1) in the framework of the implementation of the obligations of the Act in the performance of its activities
wary banks and branches of foreign banks can be mutually
inform the Bank, the identification data of the holders
accounts and related matters, which speaks volumes about the credibility and trust
their clients, and through the legal person which is not
by the Bank. Holding on to this legal person may only have a Bank,
that are required to ensure that the legal person will maintain
the data obtained in secret and protect them from abuse. Bank and branch
a foreign bank is required to obtained data about clients, other banks and
branches of foreign banks to access as if it were data on its
custom clients.
(2) the Czech National Bank produces from data obtained in the range according to the
paragraph 1 from banks, branches of foreign banks ^ 10a) and other persons,
If so, the special law,
information database
(hereinafter referred to as "the register"). The information in the registry have access to banks,
branches of foreign banks, the European Central Bank, the Czech national
the Bank for the purposes of financial market supervision, and other persons, if the
so the special law. The provision of information in the registry and the registry for
the conditions laid down by law is a violation of the banking secrecy and
obligations of confidentiality. The Bank and a branch of a foreign bank, however, is
required to the data obtained from the registry of clients accessed as
It was about the details of its own clients.
(3) the Czech National Bank is entitled, on the basis of reciprocity, to allow
access to information in the register referred to in paragraph 2, whether or not the central banks
and other bodies of the Member States that they create an information database
comparable with the registry, provided that the conditions of access to these
the data and the method of protection in that Member State are
at least comparable level, as this is required by law. Request
comparability is met, even if he has to the data in the foreign
database access a wider range of people. Data from information databases
obtained from the Czech National Bank on the basis of reciprocity, to become
part of the registry.
(4) cases in which the information may be requested in accordance with paragraphs 2 and 3, and
more detailed conditions for their provision establishes the Czech National Bank
by Decree.
(5) the client has the right, for the payment of fixed costs, listing information,
that are kept in the registry about him.
(6) the notice of the Bank or branch of a foreign bank on suspicion that he was
committed the crime or offence, made by the Prosecutor,
the police or other competent authorities, cannot be regarded as
violation of the provisions of section 38.
section 38b
Data that are not otherwise subject to bank secrecy, the Bank may
provide, if it is necessary for the purposes of supervision on a consolidated
the basis or the supplementary supervision ^ 6 d) and for the purposes of the implementation of the rules
a prudent business. Without prejudice to the provisions of the Act
governing the protection of personal data of ^ 10b).
section 38 c
The Czech National Bank carries out consultation and information duty to
the banking supervisory authorities of other States, the authorities of the international
organizations and other persons to the extent of the international treaty. Enumeration
basic facts notified and consulted is provided in § 38d
to 38i.
§ 38d
(1) the Czech National Bank shall inform the European Commission of all the relevant
facts gained in her performance conducted by the banking supervision
important for the proper performance of this supervision in the European Union,
in particular, on the
and the number and nature of cases), when she refused to allow the Bank or financial
the institution satisfies the conditions referred to in section paragraph 5e. 1 based on the territory of the
The Czech Republic's establishment of a branch in another Member State or when used
against the branch of the Bank of the Member State the procedure under section 26,
(b)), has withdrawn licences
(c)) the financial holding persons and mixed financial holding
the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.
575/2013
d) contracts under section 26 c of paragraph 1. 8 and 9 and agreements under section 26e, paragraph. 3,
(e)), applying the procedure according to § 26, against the branch of the Bank of the Member State in
If, when the matter is urgent and necessary in the interests of the depositors,
(f) the use of the procedure provided for in §) 26bb against the branch of the Bank from a Member State,
g) licences for the performance of banking activities through branch
granted by the foreign bank, which has its registered office in a Member State other than the
(h)), the composition of the combined capital reserves and the date on which the Bank
subject to the obligations of the combined capital reserve in this composition
maintain.
I) shortening the transitional period for the recognition of a countercyclical capital
a reserve established in another Member State.
(2) the Czech National Bank shall inform the European banking authority of
all relevant facts obtained during her performance conducted by the
of banking supervision are important for the proper exercise of supervision within the
The European Union, in particular on the
and the number and nature of cases), when she refused to allow the Bank or financial
the institution satisfies the conditions referred to in section paragraph 5e. 1 based on the territory of the
The Czech Republic's establishment of a branch in another Member State or when used
to the branch under section 5a paragraph. 1 the procedure under section 26,
(b)) granted and withdrawn the licenses
(c) the contracts referred to in section 26 c) of paragraph 1. 8 and 9 and agreements under section 26e, paragraph. 3,
(d)) the data collected for the purpose of comparison between the systems of remuneration and
procedures established by other banks
1. the number of persons whose incomes are at least of the amount corresponding to 1
0000 0000 eur, broken down according to their job duties and areas
the activities of the Bank,
2. major components of wages, bonuses, remuneration based on performance
a longer period of time and the special pension benefits of the persons referred to in paragraph 1,
(e)) financial holding persons and mixed financial holding
the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.
575/2013
(f) the performance of banking licences) activities through branch
granted by the foreign bank, which has its registered office in a Member State other than the
(g)) the conditions that must be met for the issuance of licences under this
the law,
h) related relations between members of the consolidated Group, the
organizational structure and governance and management, and on other major
the facts relating to the consolidation of the whole, if the Czech national
the Bank shall exercise supervision on a consolidated basis,
I) names of authorities or persons, which may receive information pursuant to
§ 25a,
j) functioning of the process of the review and evaluation referred to in section 25 c,
the methodology used to) as the basis for a decision pursuant to section 25 c of paragraph 1. 3 to
5, § 25 d of paragraph 1. 2 and 3 and section 26 during the process of the review and evaluation referred to in
section 25 c,
l) cases when uses the section 25 d of paragraph 1. 1,
m) procedures adopted under section 26 m, paragraph. 1, 2, 4 and 5,
n) review and evaluation of the results under section 25 c, if the results of
suggest an impending systemic risk according to the article. 23 of the regulation of the European
Parliament and of the Council (EU) no 1093/2010 of the Bank; These information
the Czech National Bank shall provide, without undue delay,
o) data collected for the purpose of comparison of trends and practices
remuneration,
p) measures taken under section 8 (a). (g)),
q) permits to hold additional function of a non-member under section 8 (2). 5,
r) data collected in accordance with section 8 (b). (h)),
with the data obtained from the Bank) about the decision of shareholders concerning the
remuneration,
t) measures to remedy imposed by section 26, paragraph. 2 section 11, section 26
paragraph. 7 and the penalties imposed for the administrative offence under section 36a, paragraph. 1
(a). and (e))), section 36 c of paragraph 1. 1 (a). and (f))), section 36e of paragraph 1. 2 (a). and)
(d)), f) to), m), n) and o) and section 36e of paragraph 1. 3 (b). (c)), including data on
the appeal against the decision, which sanctions have been imposed, these
the composition of the combined capital reserve) and the date on which the Bank
subject to the obligations of the combined capital reserve in this composition
keep,
in recognition of shortening the transitional period) for a countercyclical capital
a reserve established in another Member State.
(3) the Czech National Bank shall inform the European Banking Committee to licensing
the performance of banking activities through a branch granted to foreign
the Bank or financial institution which has its registered office in a non-member
State.
(4) on the request of the Czech National Bank shall inform the European
banking on all the facts necessary for the performance of its tasks
laid down by the relevant legislation of the European Union.
(5) the Czech National Bank shall inform the European Council for system risks
and the composition of the combined capital reserve) and the date on which the Bank
subject to the obligations of the combined capital reserve in this composition
keep,
(b)) the recognition of the shortening of the transition period for a countercyclical capital
a reserve established in another Member State,
c) counter-cyclical capital reserve rate under section 12f, paragraph. 3 and data
referred to in section paragraph 12f. 7.
(6) the Czech National Bank shall inform the European insurance and
occupational pensions ^ 31) about the procedures adopted under section 26 m
paragraph. 1, 2, 4 and 5.
§ 38da
(1) the Czech National Bank will provide to the European banking authority
synergies in all cases where the European banking authority of the
own initiative contributes to the solution of disputes between the competent authorities.
(2) the Czech National Bank uses data from the database of administrative penalties
The European banking authority for the assessment of the credibility of the members of the
the organs of the Bank.
section 38e
(1) the Czech National Bank shall inform the competent supervisory body member
the State of the
and the consolidation of all entities) which is part of the Bank and at the same time
the Bank is located on the territory of a Member State or the financial institution
complying with the conditions provided for in § 5e paragraph. 1 based on the territory of the Member
the State,
(b)) or a financial institution information Bank meeting the conditions provided for in §
paragraph 5e. 1, that Member State intends to establish a branch or here
to provide services, and amending the data reported
(c)) the fact that the financial institution no longer fulfils the conditions referred to in
§ 5e paragraph. 1,
(d)), applying the procedure according to § 26, against the branch of the Bank of the Member State in
If, when the matter is urgent and necessary in the interests of the depositors,
(e) use of the procedure provided for in §) 26bb against the branch of the Bank from a Member State,
f) consent under section 29. 3 in the event that the Bank in question has
establishment in the territory of that State; This information shall provide the competent
supervisory authority granting the approval or immediately after
grant, if the thing does not tolerate delay.
(2) the Czech National Bank shall inform the competent supervisory authority other than
the Member State of application of the procedure under section 26bb in respect of the branch of the Bank
other than the Member State.
(3) the Czech National Bank shall inform the appropriate College of supervisors of
and the composition of the combined capital reserve) and the date on which the Bank
subject to the obligations of the combined capital reserve in this composition
keep,
(b)) the recognition of the shortening of the transition period for a countercyclical capital
a reserve established in another Member State.
section 38f
(1) before making a decision on the amendment or withdrawal of the license of the Bank, which has
establishment in the territory of a Member State, the Czech National Bank shall consult your
the intention with the banking supervisory authority of that Member State. Can't stand the thing
delay, the Czech National Bank shall inform the supervisory authority of its intention
license change or remove. The Czech National Bank informs about changing or
the withdrawal of the licence without delay banking supervisory authorities in which it has
the Bank branch.
(2) the Czech National Bank shall inform without delay the issue of a decision on
bankruptcy and bankruptcy on the assets of the Bank or branch of the Bank of
other than the Member State of the competent supervisory authority of the Member State in
which the Bank or bank branch.
(3) the Czech National Bank prior to a decision on the amendment or withdrawal of licences
Bank branch from other than a Member State seeks to coordinate its
procedure with the banking supervisory authorities of the Member States in which the
foreign bank branches. If the matter does not tolerate delay, Czech National Bank
These shall inform the supervisory authorities of its intention to change the license, or
Remove.
§ 38g
The Czech National Bank may carry out checks on the spot on the territory of the Member
State after the previous information to the supervisory authority of the State
or for the implementation of this control request.
§ 38h
The exchange of information in the supervision of branches of banks from Member States
(1) in the course of supervision, the Czech National Bank cooperates with the authorities
supervision of other Member States, in particular those on whose territory the Bank
branch or on whose territory the registered office of the foreign bank, whose branch
operating on the territory of the Czech Republic.
(2) the Czech National Bank provides the supervisory authorities referred to in paragraph 1
all the information about bank shares and on the management of this bank or
a foreign bank that carries on business through its branches,
that may make it easier to protect financial stability, supervision or
a review of the conditions for issuing a licence or permit. Czech national
the Bank also provides all information likely to facilitate the supervision of the
Bank or foreign bank that carries on business through a
its affiliates, in particular information about the liquidity, solvency,
deposit insurance, capital ratio, limiting large exposures and other
factors that may affect the degree of systemic risk
represented by the Bank, administrative and accounting procedures and mechanisms
internal control.
(3) in pursuance of the cooperation referred to in paragraph 1 may, Czech National Bank
ask the supervisory authorities of other Member States the information referred to in
paragraph (2).
(4) the Czech National Bank shall immediately provide the supervisory authority of another
the Member State on whose territory the Bank carries out its activities
through a branch, all the information related to the supervision of the
compliance with requirements concerning liquidity according to the part of the sixth
Regulation of the European Parliament and of the Council (EU) no 575/2013, regulation or
decision of the European Commission and with the supervision on a consolidated basis according to the
the eighth section of this Act, if the information is relevant for the
ensure the protection of the common interests of the clients or investors, banks, or
financial stability in that Member State. The Czech National Bank
shall immediately inform the competent supervisory authority, if it is compromised
the liquidity of the Bank or if there is reason to suspect that it will be compromised
the liquidity of the Bank. In this case the Czech National Bank
the competent supervisory authority for information about a plan to restore liquidity,
the manner of his execution and the measures adopted in this regard.
The Czech National Bank shall, at the request of the supervisory authority of another Member
the State on whose territory the Bank carries out its activities through its
the branch, how to take into account the information received from it.
(5) the Czech National Bank may inform the European
banking, if the supervisory authority of another Member State rejects the request
The Czech National Bank about collaboration, in particular on the provision of information, or
does not provide the requested information within a reasonable time.
§ 38ha
The exchange of information in the supervision on a consolidated basis
(1) in the exercise of supervision on a consolidated basis, the Czech
the National Bank cooperates with the supervisory authorities of other Member States.
(2) the Czech National Bank provides the supervisory authorities on request other
the Member States the information necessary for the performance of their supervision; from
its own initiative, the Czech National Bank provides the supervisory authorities of other
the Member States of the crucial information, which have a material effect on the
assessment of the financial situation of the foreign bank or financial institution in the
the Member State concerned, in particular, information about the
and related relations between members) of the consolidated Group, the structure of the
Administration and management including the organizational structure of the consolidated Group,
being included are all regulated and unregulated entities,
the unregulated subsidiary, branch and the controlling person and the
authorities in the supervision of the regulated entities in the consolidation,
(b)) collection of information from banks in the consolidation
verification of this information,
(c) developments in the Bank) or any other person in the consolidation, which can
seriously undermine the financial situation of the Bank in the consolidation,
(d)) serious sanctions and measures to remedy the extraordinary importance of the
imposed on the Bank under this law, in particular the requirement to increase the
the capital pursuant to section 26 paragraph. 2 (a). and), and not giving consent to the use of
internal access or an internal model for the calculation of capital
request or not giving consent to change of used internal
access or an internal model,
(e)) financial holding persons and mixed financial holding
the persons referred to in article. 11 of European Parliament and Council Regulation (EU) No.
575/2013.
(3) the information necessary for the exercise of supervision on a consolidated basis
The Czech National Bank will ask the supervisory authority of another Member State
supervising a person who is a member of the consolidated Group.
Also requests the authority carrying out supervision on a consolidated basis over the
the European controlling Bank of information on approaches and methods
used in the performance of prudential rules.
(4) the Czech National Bank may inform the European
banking, if the supervisory authority of another Member State rejects the request
The Czech National Bank about collaboration, in particular on the provision of information, or
does not provide the requested information within a reasonable time, or where the authority
banking supervision in another Member State does not provide essential information
on its own initiative ^ 32).
§ 38i
(1) before the Czech National Bank
decision pursuant to section) 16. 1 and section 20 (2). 3,
(b) the imposition of severe sanctions or) measures to remedy the extraordinary importance of the
the Bank, in particular the requirement for the capital increase pursuant to section 26 paragraph. 2 (a).
and point 1)
(c)) refusing an application for consent to the use of internal
access or an internal model for the calculation of its capital requirement under
article. 301 paragraph. 2 regulation of the European Parliament and of the Council (EU) no 575/2013
consult this fact with the supervisory authority supervising the
consolidated basis over a consolidation total is a member of
the bank concerned, and with the other supervisory authorities concerned by this fact
also applies.
(2) the Czech National Bank need not consult the facts referred to in paragraph
1, if the thing does not tolerate delay or would such consultations could compromise the purpose of the
decision. In such a case, it shall inform the authorities without supervision
undue delay.
§ 38j
(1) published by the Czech National Bank in a manner enabling remote access
and the texts of the laws in force and) decrees, regulating prudential rules
the business of banks to individual and consolidated basis, measures
of a general nature according to § 26bb, and the official communication from the Czech National Bank
them; without prejudice to the provisions of the special law on the
how the promulgation of legislation and publication of the measures of a General
nature under section 26bb,
(b) information on how to use), options or the discretion of the
Member States and their supervisory authorities in the European Union law
the legislation referred to in subparagraph (a)),
(c)) for information about accessing the Czech National Bank and the methods used in the
the performance of banking supervision under section 25 c,
d) summary statistics on the implementation of rules, prudential
banks in the Czech Republic, including the number and nature of measures to remedy the
or the fines received in accordance with this Act,
(e)) of the agreement on the change of the competent authority, supervision on a consolidated basis
Group financial holding of the person under section 26e, paragraph. 3 and the information
on the change of the competent supervisory authority over a member of the Group of the European
the controlling of the Bank or a member of the Group of the European financial holding
a person under section 26 c of paragraph 1. 8 and 9,
(f)) for information about accessing the Czech National Bank and the methods used in the
the performance of supervision of compliance with the rules for the transfer of the risks referred to in article. 405
up to 409 European Parliament and Council Regulation (EU) no 575/2013
(g) the annual report on the outcome of) the performance of supervision of compliance with the rules for
the transfer of the risks referred to in article. 405 through 409 regulation of the European Parliament and of the Council
(EU) no 575/2013, including the imposition of measures.
(2) the information referred to in paragraph 1, the Czech National Bank publishes
in a manner enabling remote access so that you can compare with the
information of the same kind banking supervisory authorities which are listed in the
other Member States, and is regularly updated.
§ 38 k
If the Czech National Bank decided pursuant to article. 7. 3 of regulation
The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner
enabling remote access
and the criteria that apply) to determine whether there are, or
foreseen material practical or legal impediment to the prompt
transfer of own funds or repayment of liabilities,
(b) the number of persons controlling), which make use of the option provided for in article. 7
paragraph. 3 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of
controlling persons, which include the controlled person other than the Member
State,
c) collectively for the Czech Republic
1. the total amount of own funds on a consolidated basis of persons controlling
using the option provided for in article. 7. 3 regulation of the European
Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities
in a non-Member State,
2. the percentage of the total capital of persons controlling the
consolidated basis using the option provided for in article. 7. 3
Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held
in the controlled persons other than the Member State,
3. the percentage of the total capital, according to the article. 92 the regulation
The European Parliament and of the Council (EU) no 575/2013 on a consolidated basis
controlling persons using the option provided for in article. 7. 3
Regulation of the European Parliament and of the Council (EU) no 575/2013, which is held
in the controlled persons other than the Member State.
§ 38 l
If the Czech National Bank decided pursuant to article. 9 (2). 1 of regulation
The European Parliament and of the Council (EU) no 575/2013, the Commission shall publish in the manner
enabling remote access
and the criteria that apply) to determine whether there are, or
do not foresee any material practical or legal impediment to
immediate transfer of own funds or repayment of liabilities,
(b) the number of persons controlling), which make use of the option provided for in article. 9
paragraph. 1 regulation of the European Parliament and of the Council (EU) no 575/2013, and the number of
controlling persons, which include the controlled person other than the Member
State,
c) collectively for the Czech Republic
1. the total amount of own funds of persons controlling using options
laid down in article. 9 (2). 1 regulation of the European Parliament and of the Council (EU) No.
575/2013, which is held in the controlled persons other than the Member
State,
2. the percentage of the total of the capital controlled by persons using
the option provided for in article. 9 (2). 1 regulation of the European Parliament and of the
The Council (EU) no 575/2013, which is held in the controlled persons other than
the Member State,
3. the percentage of the total capital, according to the article. 92 the regulation
The European Parliament and of the Council (EU) no 575/2013 persons controlling
using the option provided for in article. 9 (2). 1 regulation of the European
Parliament and of the Council (EU) no 575/2013, which are held in subsidiaries entities
in a non-Member State.
section 39
(1) the staff of the Bank, members of the statutory body of the Bank, members of the
the Management Board of the Bank and the members of the Supervisory Board of the Bank are required to maintain
confidentiality in business matters affecting the interests of the Bank and its
clients. For the reasons set out in section 38, paragraph. 2, 3, 4 and 6 and section 38b is
statutory authority for this obligation shall release; with respect to the obligation to
confidentiality of members of the statutory body, the Administrative Council of the scope
or the Supervisory Board. Violation of obligation to maintain confidentiality in
business matters is not the provision of information in the cases, and for the purposes specified
section 41 d of paragraph 1. 2 and § 41n.
(2) the obligation to maintain confidentiality even after the end of
employment or other similar relationship.
section 40
(1) an application for the grant of a licence, of its change or on consent
under this Act, the applicant shall submit in writing to the Czech National Bank.
(2) on the amendment of the licence shall be decided by the Czech National Bank.
(3) the Czech National Bank shall issue a decision on the granting of licences, amending
the licence or to reject an application for a licence or for an amendment of the licence for 6
months from the date of commencement of the administrative proceeding and the decision in this period
delivers. In the event that the application was not complete and the Czech National Bank
It requested its complement, the Czech National Bank shall issue a decision within 12
months from the date of commencement of the administrative proceeding and the decision in this period
delivers.
(4) on an application for consent under this Act shall be decided within 3
months from the date of the initiation of the administrative procedure, unless otherwise provided in this law
otherwise.
(5) in proceedings for the grant of the licence and in the procedure for granting consent pursuant to section 20 of the
paragraph. 3 this Act may request necessary, Czech National Bank
for information about participating in the proceedings by the competent authorities.
(6) the Czech National Bank shall inform the Ministry of Finance on their
final decisions under article 4, paragraph 4. 2, section 5 (3). 3, § 16. 1
(a). (b)), and (c)), section 27, paragraph. 1, § 29. 3, § 34 paragraph. 1 and § 40 paragraph. 2.
§ 41
(1) the degradation against the decision of the Czech National Bank, the Bank shall act
the Council of the Czech National Bank. Brought on the decomposition does not have suspensory effect,
If you are not a decision imposing a fine pursuant to section of the twelfth.
The provisions of the administrative procedure concerning the possible termination of the
decay of ^ 10) does not apply.
(2) the management of the applications and the withdrawal of licences under this Act
subject to the provisions of the administrative procedure, ^ 11) If this law does not
otherwise.
PART OF THE FOURTEENTH
Insurance of receivables from deposits
section 41a
(1) this Act establishes the deposit insurance fund (hereinafter referred to as "the Fund"),
that is a legal person. The Fund is recorded in the commercial register.
(2) the Fund is not a fund within the meaning of the special law. ^ 12)
insurance of receivables from deposits are not subject to the special provisions on
the insurance industry.
(3) the banks, subsidiaries of banks from a Member State, which have made use of the supplementary
According to § 41 m, and branches of banks from other than a Member State (hereinafter referred to in this
part of the "banks") are required to participate in insurance system
Receivables from deposits and to contribute in the range specified by this law to
The Fund.
(4) the source of the Fund, contributions from banks and other revenues, which are
in particular, the income from the investment of funds, funds,
that Fund had procured under section 41i, returnable financial assistance, and
gains from discontinued insolvency and winding-up proceedings.
(5) to draw from the Fund can be just compensation for claims from eligible deposits
persons, provided the conditions laid down in this Act and the instalment
debt. The cost of the activities of the Fund shall be paid from the proceeds of the investment
of funds.
(6) the financial statements of the Fund must be verified by an auditor.
(7) in its activities, the Fund cooperates with the Czech National Bank and
The Ministry of finance. The Czech National Bank is required to Fund in advance
to draw attention to the possibility of the procedure under section 41 d of paragraph 1. 1.
section 41b
(1) the Fund is managed by a Board of Directors.
(2) the Chairman, Vice-Chairman and the other members of the Management Board of the Fund shall be appointed by
and removed by the Minister of finance.
(3) the members of the Board are appointed by the Minister of finance for the period
five years, and even repeatedly. Each year, one Member is appointed. For performance
Member of the Management Board remuneration does not belong.
(4) The Administrative Council shall perform their duties with proper care
the householder. In violation of the obligations of the Member of the Board shall be responsible for
any damage caused by,
and in the case of deliberate action) in full,
(b)) in the case of negligence up to a total amount of 600 000 CZK for one functional
the period.
(5) if any of the members of the Board terminates the membership of the Administrative Council
before the expiry of his term of Office, is in its place a new
Member of the Board whose term shall expire on the same date, to
that ended the term of his predecessor.
(6) at least one member of the Management Board is appointed from among the staff of the Czech
the National Bank, and on a proposal from the Czech National Bank. At least two members of the
the Management Board shall be appointed from among the members of the Board of directors or administrative
advice to the banks. Member of the Management Board has the right to compensation for the costs incurred by him in
connection with the performance of his functions.
(7) the details of the activities and the scope of the Fund the Fund Statute, adjusted
issued by the Management Board after previous consent of the Ministry of finance.
The consent of the Ministry of finance is required to change the status of the Fund.
(8) the members of the Management Board of the Fund, the Fund's staff and other persons responsible for
the performance of the activities related to the payment of compensation from the Fund are required to
maintain confidentiality of all information obtained in the context of the
the exercise of their profession, occupation or function. Violation of the obligations of the
maintain confidentiality is the provision of information in the cases, and for the purposes of
referred to in section 38, paragraph. 2 to 4 and 6, § 41, paragraph. 1, § and § 41n 41o paragraph. 2.
The provisions of § 38 paragraph. 5 and § 39, paragraph. 2 shall apply mutatis mutandis.
section 41 c
(1) the Insured are all claims of the deposits, including interest, led by
in compliance with the requirements for identification referred to in paragraph 3 in the Czech
currency, or in foreign currency, that registered as credit balances on accounts or
holding books or confirmed deposit certificate, the party holding
sheet or other similar document, unless the claims referred to in
paragraph (2).
(2) are not insured receivables from deposits of banks, foreign banks,
securities dealers, credit unions,
financial institutions, insurance companies, health insurance and reinsurance undertakings,
State funds, including foreign persons with similar activities. It
does not apply with respect to the cases referred to in section 41f. Are not insured receivables
of the deposits, the Bank is entitled to include in their own funds in part
(subordinated debt).
(3) the Bank shall be obliged to ensure the identification of the depositor in the conduct of its
account, or any other form of acceptance of his deposit and identification data
depositor and the amount of data and therefore the insured receivables from deposit of lead
in its register. Identification data means
a) for natural persons first name, last name, address, social security number, and the
assigned, date of birth, identification number, where appropriate,
(b)), with legal entities, business name or the name of a legal person, its
Head Office and domestic legal entities also identification number.
(4) the identifying information referred to in paragraph 3 shall be included in the Treaty on
account in the bank book and on the deposit certificate, the party holding the sheet or
another similar document confirming receipt of deposit.
(5) the system of insurance receivables from deposits does not apply to bills of Exchange and other
securities.
(6) the Bank's contribution to the Fund is EUR 0.04% of the average volume of insured
Receivables from deposits for the relevant calendar quarter. The average volume of
insured receivables from deposits the Bank calculations by State
insured receivables from deposits on the last day of each calendar
month in the appropriate calendar quarter, including interest, on
the depositor was entitled to credited the same day. The calculation of the
carried out in the Czech currency. In the case of receivables from deposits denominated in a foreign currency for the
conversion to Czech currency foreign exchange market the rate promulgated by the Czech
National Bank on the date on which the calculation is performed.
(7) Post construction savings banks to Fund amounts to 0.02% of the average volume of
insured receivables from deposits for the relevant calendar quarter.
The average volume of insured receivables from deposit building society
Calculations according to the status of insured receivables from deposits to the last
day of each calendar month during the relevant calendar quarter, and
including interest, which was credited to the depositor by the claim for the same
day, without counting the advance on State aid.
(8) if the volume of 1.5% of the total resources of the Fund volume of receivables
from the deposits of insured with the Fund, the Fund shall publish a notification that
in a manner enabling remote access. In this case, from
of the calendar quarter following the date of publication of this notice
post bank 0.01% of the average volume of insured receivables from deposits
calculated in accordance with paragraph 6 and post the savings 0.005%
the average volume of insured receivables from deposits, calculated according to the
of paragraph 7.
(9) the Falls if the volume of the Fund below 1.5% of the total
Receivables from deposits insured with the Fund and to the cases referred to in
§ 41k, the issue about the Fund, which shall publish the notice in a manner that allows
remote access. In this case, from the calendar quarter
following the date of publication of this notice, for the purpose of calculating the amount of the
the contribution of the
and the bank rate will apply) referred to in paragraph 6,
(b) the savings rate will apply) referred to in paragraph 7.
(10) the contribution to the Fund for the relevant calendar quarter, the Bank is
obliged to pay by the end of the calendar month following
After the end of the calendar quarter. The contribution is paid in Czech
Crowns. About his failure to pay shall inform without delay the Czech National Fund
the pot. If the bank payment in arrears of debt, is required to
the amount of the Fund to pay default interest specified by the provisions of the civil law.
(11) the Bank is obliged to keep records of the data referred to in paragraph 3 and in
the cases provided for by this law (article 41 d (2) and § 41n) provide
These details of the Fund. The Ministry of Finance shall determine by Decree the form,
the structure and the way the management and provision of data. ".
section 41 d
(1) the compensation for the claim of an insured deposit is the beneficiary of the
The Fund will provide after the Fund receives written notification of the Czech national
Bank about the inability of the Bank or, in the case of a branch of the Bank of
Member State, in accordance with section připojištěnou, the banking supervisory authority, 41 m
the home state of the insolvency of a foreign bank, to live up to commitments to
eligible persons under the legal and contractual conditions. Such notification
must be issued within 5 working days from the date of the findings
the relevant facts and the Bank or former Bank must be in writing
communicated. The day when the Fund receives this notification, shall be considered as decisive
the day. The Czech National Bank shall publish, in a manner enabling remote access
information about when the event occurred.
(2) a bank or a former Bank, the liquidator or insolvency administrator
the administrator shall be obliged within 8 working days from the date of grant vesting
Fund data held under section 41 c of paragraph 1. 3.
(3) the Fund within 12 working days from the date of vesting date
the opening, the place and manner of payment of compensation, in an appropriate way is to publish
and shall inform the Ministry of finance and the Czech National Bank. The Fund must
to be able to pay the compensation to the beneficiaries, within 20 working days from
the vesting date. After an affirmative expression of the Czech National Bank and
The Ministry of finance, the Fund may, in exceptional cases, this completely
the time limit may be extended by a maximum of 10 working days.
(4) failure to comply with the obligations laid down in paragraph 2 shall immediately notify the Fund
The Czech National Bank.
(5) the liquidator, administrator or insolvency administrator commits infraction
the fact that breach of an obligation laid down in paragraph 2. For this offence
the Czech National Bank may impose a fine up to Czk 500 000. The Bank or the former
the Bank, which violates the obligation provided for in paragraph 2, saves the Czech
the National Bank of the fine to $ 500.
section 41e
(1) for the calculation of compensation shall be aggregated all the insured receivables from deposits
an authorized person at the Bank, including its shares in accounts held for 2
and more of the co-owners according to state the date decisive. The share of the joint proprietor
the account is equal to a fraction, the numerator of which is the total amount in the account and in the
the denominator, the number of joint holders, if the persons concerned in establishing or
available with the account they can demonstrate a different amount of the market share. The Bank shall indicate a different amount of
share in its register. To substantiate the amount of the share of the other after the closing date,
be taken into account. The calculation is carried out in the Czech currency, the receivables from deposits
denominated in a foreign currency, the conversion to Czech currency made according to the rate
the foreign exchange market announced by the Czech National Bank on the date decisive.
Part of insured receivables from deposit interest calculated are to
reference date. The refund shall be paid in the Czech currency. The right of the persons concerned
on the performance of the Fund is a right connected with the claim of the deposit.
(2) Compensation shall be granted to the beneficiary in the amount calculated in accordance with
paragraph 1, but not more than the amount corresponding to 100 000 € for one
authorized person of the Bank for one, if a directly applicable regulation
the Union provides otherwise. The equivalent limit is translated in Czech Crowns
According to the foreign exchange market exchange rate declared by the Czech National Bank to
reference date.
(3) the Government may by regulation following the relevant provisions of the European
Union ^ 12a) to increase the amount referred to in paragraph 2.
section 41f
(1) cash means more people registered on one account are
the claim from the deposit with special regime.
(2) when setting up the account referred to in paragraph 1 or the nearest available with
This is already the existing account is the account holder shall be obliged to the Bank in writing
announce that are recorded on the account the funds representing the
more people claim, to prove to the market share of each of them, to identify these
the person to the extent provided for in § 41 c of paragraph 1. 3 and the veracity of the data.
The Bank disposes with a deposit on this account, as with any other insured
claim of deposit and record it in your data records.
(3) for the purposes of calculating the refund from the Fund in respect of the claim of the deposit on the account
referred to in paragraph 1, the Bank is obliged to present a breakdown of the claims Fund
of deposits by individuals and amounts attributable to each of the
and the veracity of the data. Data to the Fund.
(4) the compensation for a claim from a deposit with special regime shall be
beneficiaries in the same amount, which would be provided if the
each of these individuals had registered on its own funds
account.
(5) if the beneficial owner of amounts of money is different from the account holder,
the refund shall be the beneficial owner. The account holder has the obligation to
notify the Bank in the establishment or the nearest available with
account and to identify the beneficial owner of the funds in the
the range specified in § 41 c of paragraph 1. 3 and the Bank will record this information in the
the account agreement or another document, whose release is associated
receipt of the deposit, and in its register.
(6) to the account holder notices referred to in paragraphs 2 and 5, made after the closing
the date shall be disregarded.
(7) the payment institution, the payment service provider of the small scale,
an electronic money institution or publisher of electronic money
small scale, on whose account the funds are registered,
that the payment service users have entrusted them to the execution of the payment
transaction ^ 13) or against whose adoption had been issued electronic
money, it shall notify the Bank in writing without undue delay; in
such cases do not have the obligation laid down in paragraph 2, first sentence, and in the
the second sentence of paragraph 5. For the purposes of calculating the refund from the Fund for the
the beneficial owner of such funds shall be considered as users
payment services or electronic money holders. The refund is
will provide a payment institution, the payment service provider of the small
range, the electronic money institution or publisher of electronic
money small scale. To determine the beneficial owner referred to in paragraph 5
based on the evidence of the payment institution, the payment provider
services, small scale, an electronic money institution or Publisher
small-scale electronic money to date. These persons are
obliged to keep records of the data according to § 41 c of paragraph 1. 3, and forward it to the Bank on the
her request without undue delay in cases provided for in § 41 d
or § 41n.
(8) paragraph 7 shall apply mutatis mutandis for the securities trader on whose
account are recorded, the funds that make up the assets of the customer under the
the law governing the capital market business ^ 14), and for the Court of
the executor, on whose account are deposited funds for authorized and
According to the enforcement order of the creditor who is logged on.
(9) the data, which the Bank receives from a person referred to in paragraph 7 or 8, it is
the Bank shall be entitled to use it only to fulfill their obligations to the Fund
under this part of the Act and, in the cases referred to in section 38, paragraph. 2 to 4 and
6.
(10) the payment institution, the payment service provider of the small scale,
electronic money institutions, and the Publisher of a small electronic money
range are required to communicate to the payment service user or holder
electronic money on request information about which banks,
the savings and credit cooperatives, or a foreign bank is kept
a separate account on which are in accordance with the law governing the
payments stored funds entrusted to them to
execution of the payment transaction or the receipt issued
electronic money.
section 41 g
(1) the Fund to the extent necessary to secure the payment of refunds
cooperates and exchanges information with persons, through which the
ensures the payment of refunds.
(2) The grant of a refund from the Fund shall not be entitled
and) persons having a special relationship to the bank concerned, with the exception of persons
referred to in section 19 (a). (e)),
(b) the person is otherwise eligible) if the final judgement was proved
the origin of the deposit in the crime.
(3) the Fund shall suspend payment of compensation for those claims from the deposits, which
It is clear from the course of criminal proceedings, that the claims of the deposits in the
the meaning of paragraph 2 (a). (b)).
(4) the obligation to pay a contribution to the Fund from deposits of individuals
referred to in paragraph 2 shall remain unaffected.
(5) for the purposes of calculating the amount to be paid from the Fund, authorized
the person will not be taken into account for gains of insured receivables from deposits,
occur
and on the basis of vnitrobankovního transfer) between the accounts listed
in the same bank made after the closing date,
(b)) as a result of a transfer of the deposit made after the closing
the date.
§ 41 h
(1) on the date of the initiation of the payment reduces the claim beneficiaries to
the Bank an amount equal to its right to compensation from the Fund.
(2) the Fund on the date referred to in paragraph 1 becomes a creditor of the Bank in the amount of rights
authorised persons of the Bank on the performance of the Fund.
(3) the right of the persons concerned on the implementation of the Fund shall lapse on the expiry of 3 years
from the date fixed as the day of commencement of payments.
section 41i
In the event that the resources of the Fund are not sufficient to pay the law
laid down by the compensation fund shall seek the necessary funds on the
the market. The Fund is required to ensure that the conditions under which they are cash
the Fund's resources have been provided for him the best. If it is not
The Fund is able to procure funds in the financial market to date
the initiation of the payment of compensation under section 41 d, he may be at the request of the
granted the subsidies or repayable financial assistance in the amount of the required
the State budget.
section 41j
The Fund may invest funds only in a safe manner in
accordance with its Statute.
§ 41k
In the event that the Fund was provided by a loan or other form of repayable
financial bailout (section 41i) increases the contribution to the Fund from the bank
of the calendar quarter following the granting of a loan or other
forms of returnable financial assistance to double the percentage referred to
in section 41 c of paragraph 1. 6 and 7. In the calendar quarter following the repayment of the
loan or other form of returnable financial assistance reduces the contribution
the percentage referred to in section 41 c of paragraph 1. 6 and 7.
§ 41l
cancelled
§ 41 m
(1) the branch bank of the Member State may deposit claims
be reinsured under a contract with the Fund. Insurance must be arranged
so, the amount, the amount of receivables from deposits are generally
insured, including insurance, do not exceed an amount corresponding to 100
000. Contribution to the Fund is equal to the contribution under section 41 c multiplied by the
a fraction in which the numerator is the difference between the amount up to which are
Receivables from deposits overall, insured, including insurance, and limit
for the maximum reimbursement under the system of insurance receivables from deposits,
which is a branch of a foreign bank group, and in the denominator the amount to
the amount of the deposits are insured, including overall
supplementary insurance.
(2) the supplementary insurance referred to in paragraph 1 shall cease by agreement or notice of the Treaty
with three months ' notice, which shall start to run on the first day
the calendar quarter following the date when the notice was served.
The Fund may cancel the contract only for non-compliance branch
Bank of a Member State to the Fund, and that only in case, if the
in accordance with section 5a paragraph. 6. A branch of the Bank of the Member State
may terminate the contract without giving reasons. On these facts, it is
Bank of a Member State shall be obliged to inform clients in their
operational areas.
(3) the Bank shall not take advantage of the differences in advertising the insurance claims from the
deposits between the Member States.
§ 41n
The Fund shall verify regularly at least once a year the functionality of the system
the payment of compensation. It cooperates with the Czech National Bank,
The Ministry of finance and the banks, which are required to Fund its
upon request and within the time limit laid down by him to provide the information kept under section 41 c
paragraph. 3. the report on the results of the verification is required to submit to the Fund without
undue delay, the Czech National Bank and the Ministry of finance.
§ 41o
(1) in its activities, the Fund cooperates with foreign operators
systems insurance of receivables from deposits.
(2) if the agreement concluded between the Fund and the operator
foreign receivables insurance system from deposits, may be in the case of
the decline of the
and foreign bank operating on) the territory of the Czech Republic
through the branches of the Fund involved in the payment of refunds from a foreign
Receivables from deposits insurance system, to which the foreign bank
involved,
(b)) of the Bank, based in the Czech Republic doing business abroad
through the branches involved in the payment of reimbursements from the Fund of foreign
a system of insurance receivables from deposits.
PART OF THE FOURTEENTH
Transitional and final provisions
section 42
The legal person acting as a bank or a savings bank under law No.
158/1989 Coll., on banks and savings banks, from the effective date of this
the Act deemed the Bank pursuant to this Act.
§ 43
The loans provided banks under the existing regulations shall be construed as
loans under this Act.
§ 44
The information referred to in section 11 c of paragraph 1. 1 (a). and (c))) the Bank shall publish for the first time in the
on 1 May 2004. September 2014 for the immediately preceding financial year, and this
the conditions and in the manner referred to in section 11 c.
§ 44a
The information referred to in section 11 c of paragraph 1. 1 (a). d) to (f)) to provide internationally
the specified global systemically important institutions for the first time by 1 March 2005. September 2014
for the immediately preceding financial year of the European Commission, and in
the scheme to confidential information and subject to the conditions and in the manner referred to in section 11 c.
section 44b
(1) for the purposes of section 12j, paragraph. 3 and 4 to 31. December 2014 instead of rates 5
% rate of 3% will apply.
(2) for the purposes of § 12u is capital for the global system
a major institution for the year
2016 25%) of the capital reserve provided for by § 12u,
(b)) the capital reserve of the 2017 50% determined in accordance with § 12u,
c) 2018 75% of capital reserve provided for by § 12u.
§ 44 c
(1) the Czech National Bank may provide for measures of a general nature, the conditions
the criteria, requirements or procedures referred to in article 12(2). paragraph 124. 4 (b). and) article.
paragraph 150. 3, article. paragraph 153. 9, article. paragraph 181. 3 (b). and) article. paragraph 182. 4
(a). and) article. paragraph 197. 8 article. 221, paragraph. 9, article. paragraph 312. 4 (b). (b)) and
(c)). paragraph 316. 3, article. paragraph 318. 3, article. 363 paragraph. 4 (b). and (c))),
article. paragraph 382. 4 (b). and) article. 426, article. paragraph 440. 2 and article. 443 regulation
The European Parliament and of the Council (EU) no 575/2013.
(2) a draft of the measures of a general nature will be published only on the official notice board
The Czech National Bank. Held a public hearing to the proposal of measures
the general nature of the Czech National Bank shall notify the time and place of the holding of the
the notice board of the Czech National Bank.
(3) Measures of a general nature shall enter into force on the day of its publication in the official
the Czech National Bank Board.
(4) measures of a general nature Against issued may submit written
reasoned objections only banks or branches of foreign banks, and in the
the deadline of 10 working days from the date of its publication. Lodged objections
ended, the Czech National Bank's communication. Lodged objections to the Czech national
the Bank used as a basis for the amendment or cancellation of the issued actions
of a general nature.
section 45
If the Bank is obliged by the legislation issued before
effect of this Act to provide loans under the conditions and
It arises by property damage, has the right to remuneration, the Bank continues to this
injury from the State budget, which has odvodovou or tax
the obligation.
section 46
Repeals the law No 158/1989 Coll., on banks and savings banks.
section 47
This law shall enter into force on 1 January 2005. February 1992.
Havel v.r.
DUBČEK v.r.
Čalfa v.r.
Selected provisions of the novel
Article VI of the Act No. 165/1998 Coll.
Transitional provisions
1. the Bank, which has issued their shares, which carry the voting
the law only in dematerialised form, is required to include the form of its
shares in accordance with the requirement of section 20 of Act No. 21/1992 Coll., on banks, in
the text of this Act, within one year from the date of entry into force of
of this law.
2. The one who has to be the effective date of this Act, a qualifying holding in the
the Bank is obliged to notify this fact to the Czech National Bank, the
one month from the date of entry into force of this Act.
3. State financial institutions incurred prior to the effective date of this Act,
until the adoption of a special law, but within 3 years from the date of acquisition
the effectiveness of this law, be governed by the existing rules.
4. The composition of the statutory body of the Bank must be brought into line with the
the requirement under section 8 (2). 2 of law No 21/1992 Coll., on banks, as amended by
This Act, within one year from the date of entry into force of this
the law.
Article II of law No 319/2001 Sb.
The transitional provisions of the
The deposit insurance fund (hereinafter referred to as "the Fund") shall be paid by natural and legal
persons who have been to the depositor by the date of the initiation of the administrative procedure of the withdrawal
authorisation as a bank in Pragobanka, and Prague, now in bankruptcy,
the Universal Bank, a. s., Ústí nad Labem, now in bankruptcy, in Moravia
banks, s., Frýdek-Místek, now in bankruptcy, (hereinafter referred to as "the Bank"),
additional compensation for all claims from their deposits in domestic and
foreign currency held by these banks, on the date of the initiation of the administrative procedure
the withdrawal of authorisation to act as a Bank of up to $ 4 million each
depositor.
When the payment of additional compensation shall apply mutatis mutandis under section 41 d up
41 g, outside of the paragraph 2 of section 41e, Act No. 21/1992 Coll., on banks, as amended by
amended, that paid the additional compensation Fund shall be reduced
the compensation already paid. On the date of the initiation of the payment of additional compensation to
reduces the claim of depositors in the Bank an amount equal to its
the right to an additional reimbursement from the Fund. Additional compensation will be paid
Anyone who was a depositor in the bank as of the date above the opening
the administrative procedure for the withdrawal of their authorization to operate as a bank. Additional
the refund shall be paid also to the heirs and successors of natural persons
legal persons. On the date of the initiation of the payment of additional compensation is reduced
the claim by the depositor in the Bank an amount equal to his or her right to
additional compensation from the Fund. The Fund on the date of the initiation of the payment of additional
refunds the lender bank of becoming the rights of depositors of the bank on the implementation of the
The Fund. The payment of additional compensation under this provision shall be
launched within 4 months from the effectiveness of this Act.
Article II of Act No. 126/2002 Sb.
Common and transitional provisions
1. If the provisions of the international treaty, which was approved by the
Parliament, ratified and promulgated, and which the Czech Republic is bound,
otherwise than the provisions of Act No. 21/1992 Coll., on banks, as amended by
the existing legislation and this Act, the provisions of this
of the Treaty. The provisions of the preceding sentence shall also apply to similar international
the Treaty, which entered into force before 1. in January 1993.
2. the provisions of Act No. 21/1992 Coll., on banks, as amended by this Act,
(hereinafter referred to as "the Act") relating to the Member States of the European Union
also apply to other States of the European economic area, if
so it follows from the international treaty, which was approved by the Parliament,
ratified and promulgated, and which the Czech Republic is bound, or from
similar to the international treaty, which entered into force before 1. January
1993.
3. Czech National Bank issues in the administrative proceedings initiated by her
the initiative without the proposal all banks operating in accordance with existing legal
regulations on the territory of the Czech Republic's banking licence in accordance with this
by law; the banking license will also be issued to foreign banks,
the offices operating on the territory of the Czech Republic in accordance with the existing
the legislation. The date when the decision on the issue of banking license
remarry, permission shall cease to operate as a Bank, was granted
According to the existing legislation.
4. the banks are required to set up an internal audit service under section 8 (2). 6
This Act, within one year from the date of the acquisition of its effectiveness.
5. The Bank shall be obliged to bring its statutes and its participation in the
public companies and limited companies to
accordance with this Act within one year from the date of the acquisition of its effectiveness.
6. when calculating the amount of the additional refund interest on receivables from deposits
be calculated in the case of Pragobanka, a. s., Prague, now in bankruptcy, to
on 1 January 2002. 12.1998; in the case of the Universal Bank, a. s., Ústí nad Labem, now
in bankruptcy, on 17. 5.1999; in the case of Moravia Banka, a. s.
Frýdek-Místek, now in bankruptcy, to date 11. 10.1999.
7. The date of the initiation of the payment of additional compensation to Fund
insurance claims from depositors in bank deposits, receivables in the amount of
rights of depositors on the performance of the Fund's receivables from the insurance of deposits.
Article. VII of Act No. 257/2004 Coll.
Transitional provisions
A person who, as a result of the effectiveness of this law becomes a financial
the holding company, though her current legislation
not, and persons belonging to the group the financial holding
the company shall bring their activities into line with the provisions of this law
or decree of the Czech National Bank, governing the activities of the financial
the holding company and the group, no later than 31 December 2006. December
2006.
section 36 of Act No. 377/2005 Sb.
The transitional provisions of the
The person who became financial holding person, prior to the date
the effectiveness of this law, is obliged to submit to the Czech National Bank
documents confirming the credibility and experience of the persons in its leadership in the
the meaning of section 26 g of paragraph 1. 4 of law No. 21/1992 Coll., and within 2 months
from the date of entry into force of the Act on financial conglomerates.
Article. (III) Law No 443/2006 Sb.
cancelled
Article. (II) Act No. 120/2007 Sb.
Transitional provisions
Until 31 December 2006. December 2007 the Bank not covered by section 12 of Act No. 21/1992
Coll., on banks, as effective from the date of entry into force of this
the law, if after this period the Bank uses to calculate capital
the requirements of the basic approach of the corresponding previous capital rules
adequacy, which lays down the conditions for the use of the Czech National Bank
the decree under section 12a paragraph. 8 of law No 21/1992 Coll., on banks, in
the texts of the effective date of the entry into force of this law. After a period of use of the
This basic approach does not do this, Czech National Bank
the review and evaluation of the Bank provided for in § 25 paragraph. 3 of Act No.
21/1992 Coll., on banks, as effective from the date of entry into force of
of this law.
Article. (VII) Law No 230/2009 Sb.
Transitional provisions
1. consent to the acquisition or increase of a qualifying holding in a bank or
the conclusion of the contract with the Bank granted pursuant to Act No. 21/1992
Coll., on banks, in the texts of the effective to date of the entry into force of this Act,
shall be deemed to consent to the acquisition or increase of qualifying holding on
Bank or its controlling awarded pursuant to Act No. 21/1992 Coll., on the
banks, as effective from the date of entry into force of this Act.
2. the procedure for the imposition of corrective measures or sanctions that was launched
to the date of entry into force of this law shall be completed in accordance with existing
the legislation. Corrective measures or sanctions shall be imposed according to
the existing legislation.
3. the Meeting, which occurred up to the date of entry into force of this law, the
under Act No. 21/1992 Coll., on banks, as effective in
date of entry into force of this Act. Corrective measures or sanctions for
violation of Act No. 21/1992 Coll., on banks, as the effective date of the
the entry into force of this law, shall be placed under the existing laws,
regulations.
4. the procedure for granting consent to the acquisition or increase of qualifying
participation in the Bank or the conclusion of a contract with the Bank, launched in
date of entry into force of this law shall be completed in accordance with Act No. 21/1992
Coll., on banks, as effective from the date of entry into force of this
the law; period, which began under Act No. 21/1992 Coll., on the
the banks, in the texts of the effective to date of the entry into force of this law, the
from the date of entry into force of this Act again.
Article. (II) Act No. 156/2010 Sb.
Transitional provisions
1. For the calculation of the amount of the contribution from the banks, building societies and
savings and credit cooperatives to the deposit insurance fund as part of the
the calendar year that ends on the last day of the calendar quarter in
which this law enters into force, shall apply to section 41 c of Act No. 21/1992
Coll., on banks, as effective until the date of entry into force of this Act.
Thus calculated the average volume of insured receivables from deposits
multiplied by a fraction, the numerator of which is the number indicating the number of months from the
beginning of the calendar year to the end of the calendar quarter in which this
the law takes effect, and the denominator is the number 12. Thus established
contribution to the deposit insurance fund are banks, building societies and
savings and credit cooperatives are required to pay within 1 month after the end of
the calendar quarter in which this law he regains effectiveness.
2. The Bank, building society, savings and credit cooperatives, credit
institutions, payment service providers and small scale traders
securities are required to keep a register, and provide data in accordance with
the provisions of § 41 c of paragraph 1. 3 and 11 and section 41f paragraph. 7 and 8 of law No 21/1992
Coll., on banks, as effective from the date of entry into force of this
the law, from the day following the expiry of 12 months from the date of acquisition
the effectiveness of this Act. The obligations laid down for payment institutions,
payment service providers and small scale traders with valuable
the provisions of section 41f paragraph. 7, the last sentence of the law No 21/1992 Coll.,
the banks, in the version effective as from the date of entry into force of this Act,
the preceding sentence shall apply mutatis mutandis.
3. If the limitation period for the exercise of the rights of the persons concerned on the
the implementation of the deposit insurance fund will start before the date of entry into force of
This law, proceed according to section 41 h of paragraph 1. 3 of Act No. 21/1992 Coll.,
the banks, in the texts of the effective to date of the entry into force of this law.
Article. In Act No. 160/2010 Sb.
Transitional provisions
1. If a person included in the list of agencies for credit rating according to the
Act No. 21/1992 Coll., on banks, as effective until the date of entry into
the effectiveness of this law, has requested authorisation to act as a credit rating
Agency pursuant to Act No. 256/2004 Coll., on business, on the capital market
in the text of this Act, effective from the date of entry into force, and by directly
the applicable regulation the European Parliament and of the Council on credit rating
agencies (hereinafter referred to as "the regulation") to 7. September 2010, it shall withdraw the Czech
National Bank from the list of agencies for credit evaluation of the waste of the expiry of the
This period. The decision about this deletion is issued.
2. If a person included in the list of agencies for credit rating according to the
the existing legislation requests the authorisation as a credit rating
According to the regulation, the Agency and the request is rejected, the person shall
The Czech National Bank from the list referred to in paragraph 1 with effect from the date on which the
acquired the authority of a decision does not grant the authorisation. The decision of the
about this deletion is issued.
3. the Bank and the branch of a foreign bank that does not enjoy the benefits of the single
license under the law of the European communities, shall ensure compliance with the obligations of the
laid down in section 12b of paragraph 1. 1 of law No 21/1992 Coll., on banks, as amended by
effective from the date of entry into force of this Act, not later than 7.
December 2010. In the meantime, for the calculation of capital requirements
use the credit rating of the debtor, drawn up by a person who
comply with the requirements of Act No. 21/1992 Coll., on banks, in the texts of the effective
to the date of entry into force of this Act, or on the basis of which
It was on the date of entry into force of this Act, is registered in the list of agencies
for credit assessment led by the Czech National Bank until the date of entry into
the effectiveness of this Act.
Article. (II) Act No. 41/2011 Sb.
Transitional provisions
1. If the period provided for in § 26 k, paragraph. 3 of Act No. 21/1992 Coll., on the
banks, as effective from the date of entry into force of this law, the
run to 31. December 2012 shall be 6 months.
2. the Bank shall ensure that the remuneration paid to the persons referred to in article I, section
10 the date of entry into force of this Act, in accordance with the provisions of
This Act governing the remuneration system.
Article. (II) Act No. 254/2012 Sb.
Transitional provisions
1. the Bank or bank branch, through which it exercises on the territory of the
The Czech Republic's banking activities in foreign bank established in another
State other than the Member State of the European Union or in a State which is
Contracting Party to the agreement on the European economic area, which were
be entitled to exercise the activities referred to in section 1 (1). 3 (b). m) of law No.
21/1992 Coll., as amended, effective the date of the entry into force of this Act,
terminates the following activities in relation to investment instruments, if
they do not have, or within 3 months from the date of entry into force of this Act
they are given permission to pursue the activities referred to in section 1 (1). 3 (b). h) of the Act
No 21/1992 Coll., as amended, effective the date of the entry into force of this law.
2. the procedure for granting an authorisation pursuant to § 1 (1). 5 of law No 21/1992 Coll.,
in the texts of the effective to date of the entry into force of this law, which has not been to
date of entry into force of this Act, been completed, completed
According to the existing legislation.
Article. (II) Act No. 135/2014 Sb.
Transitional provisions
1. the Bank is required to ensure compliance with the requirements provided for in § 8 paragraph.
4 (b). (c)) and section 8 (2). 6 of Act No. 21/1992 Coll., as amended effective from
date of entry into force of this law, to 1. July 2014. 2. Branch
Bank of a Member State shall proceed under section 5a paragraph. 4 of law No. 21/1992
Coll., on banks, in the version effective before the date of entry into force of this
the law, if it is a section, paragraph 14. 1 the second sentence of the law No.
21/1993 Coll., on banks, as effective from the date of entry into force of
This Act, until 31 December 2006. December 2014.
3. the procedure for the imposition of corrective measures or proceedings for the imposition of penalties
initiated by the date of entry into force of this law, and to this day
been completed by the executor of the existing legislation.
Corrective measures or sanctions shall be imposed according to the existing legal
regulations.
1) European Parliament and Council Directive 94/19/EC of 30 March 2004. may
1994 on deposit-guarantee schemes, as amended by the directives of the European
Parliament and Council Directive 2005/1/EC and 2009/14/EC.
European Parliament and Council Directive 2001/24/EC of 4 April 2003. April 2001 on the
reorganisation and winding up of credit institutions.
European Parliament and Council Directive 2004/109/EC of 15 December 1997. 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.
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.
European Parliament and Council Directive 2007/44/EC of 5 July 2004. September 2007,
amending Council Directive 92/49/EEC and directives 2002/83/EC,
2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and
the evaluation criteria for the prudential assessment of acquisitions and increase of
participation in the financial sector.
European Parliament and Council directive 2009/111/EC of 16 December 2002. September 2009,
amending Directive 2006/48/EC, 2006/49/EC and 2007/64/EC
banks affiliated to central institutions, certain own funds items,
large exposures, supervisory arrangements, and crisis management.
Directive of the European Parliament and of the Council 2010/76/EU of 24 October. November
2010 amending Directive 2006/48/EC and 2006/49/EC as regards the
capital requirements for the trading book and for re-securitisations, and the supervisory
over the principles of remuneration.
Directive of the European Parliament and of the Council 2010/78/EU of 24 October. November
2010, amending Directive 98/26/EC, 2002/87/EC, 2003/6/EC,
2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC,
2006/48/EC, 2006/49/EC, and 2009/65/EC with regard to the competence of the European
supervisory authority (European banking authority), the authority
supervisory authority (European insurance and occupational pensions
insurance) and the European supervisory authority (European securities authority
Securities and markets).
Directive of the European Parliament and of the Council of 13/36/EC of 26 April 1999. June 2013
for access to the activity of credit institutions and on the prudential supervision of
credit institutions and investment firms amending Directive
2002/87/EC and repealing directives 2006/48/EC and 2006/49/EC.
1B) Act No. 256/2004 Coll., on business on the capital market.
2 the law of the CZECH NATIONAL COUNCIL) No. 6/1993 Coll. on Česká národní banka, as amended by Act No.
60/1993 Coll.
3B) section 10 (1). 1 of Act No. 143/2001 Coll., on the protection of competition.
3 c) European Parliament and Council Regulation (EC) No 1060/2009 of 16 January.
September 2009 on credit rating agencies.
4) Law No 63/1991 Coll., on the protection of economic competition, as amended by
amended.
4A) Law No. 189/2004 Sb.
4B) section 4 (4). 2 (a). g) and (h)) and section 4, paragraph 4. 3 (b). f) of Act No. 256/2004
Coll., on business on the capital market, as amended by Act No. 230/2008 Sb.
4 c) Law No. 591/1992 Coll. on securities, as amended
regulations.
4 c) § 196a of the commercial code.
5A) section 14 and 15 of the CZECH NATIONAL COUNCIL Act No. 591/1992 Coll. on securities, as amended by
amended.
section 1 (b). d) of Act No. 219/1995 Coll. foreign exchange law.
5B) § 66b commercial code.
6) Act No. 563/1991 Coll., on accounting.
6 c) Act No. 586/1992 Coll., on income taxes, as amended
regulations.
6 d) section 15 of Act No. 254/2000 Coll. on Auditors and on the amendment of Act No.
165/1998 Coll.
6 d) Law No 377/2005 Coll., on the supplementary supervision of banks,
spořitelními and úvěrními associations, electronic money institutions,
insurance companies and traders in securities in the financial conglomerates directive
and on amendments to certain other laws (the law on the financial conglomerates directive),
in the wording of later regulations.
7A) section 27 et seq.. of the commercial code.
7B) the Commission decision of 23 December 2003. January 2009 establishing the Committee
banking supervisors (2009/78/EC).
8) of the code of civil procedure no 99/1963 Coll., as amended.
9) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
as amended.
9A) for example. law no 530/1990 Coll., as amended.
9B) Law No 120/2001 Coll., on the activities of bailiffs and enforcement
(enforcement procedure) and amending other laws.
9 c) Law No 229/2002 Coll. on the financial arbiter, as amended by Act No.
558/2004 Sb.
9 c), Act No. 159/2006 Coll. on conflicts of interest.
§ 152 paragraph 10). 5 of the Act No. 500/2004 Coll., the administrative procedure code.
section 41 paragraph 10A). 2 of law No 6/1993 Coll. on Česká národní banka, as amended by
amended.
10B) Law No. 101/2000 Coll., on the protection of personal data and amendment
certain acts, as amended.
10 c) Law No 412/2005 Coll., on the protection of classified information and on the
Security eligibility.
11) Law No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended.
the law of the CZECH NATIONAL COUNCIL No. 12) 576/1990 Coll., on rules for the management of the budget
the resources of the Czech Republic and municipalities in the Czech Republic (budget
the rules of the Republic), in the wording of later regulations.
12A) Article. 7. 7 of Directive of the European Parliament and of the Council 94/19/EC in the
the texts of European Parliament and Council directive 2009/14/EC.
13) section 19 of law no 284/2009 Coll., on payments.
section 2, paragraph 14). 1 (a). h) Act No. 256/2004 Coll., on business
the capital market, as amended by Act No. 120/2007 Coll. and Act No. 230/2008
SB.
section 55, paragraph 15). 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb.
16) section 193 of the Act No. 256/2004 Coll., on business on the capital market, in
the text of law no 409/2010 Sb.
section 55, paragraph 15). 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb.
Article. 115 directive of the European Parliament and the Council 13/36/EU.
Article. 28 European Parliament and Council Regulation (EU) no 1093/2010 dated
November 24, 2010 setting up the European supervisory authority (European
banking authority), amending Decision No 716/2009/EC and repealing
Commission decision 2009/78/EC.
18) Act No. 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amendment
the law of the Czech National Council No. 358/1992 Coll., on notaries public and their activities
(the notarial regulations), as amended.
19) European Parliament and Council Regulation (EU) no 1093/2010 of 24 March.
November 2010 establishing a European supervisory authority (European institution
for banking), amending Decision No 716/2009/EC and repealing
Commission decision 2009/78/EC.
21) Article. paragraph 129. 2 of European Parliament and Council Directive 2006/48/EC,
as amended by European Parliament and Council directive 2010/78/EU.
22) European Parliament and Council Regulation (EU) no 1092/2010 of 24 March.
November 2010 on Community macro prudential oversight of the financial system
the level of the European Union and establishing a European systemic risk Council.
23) Article. paragraph 112. 2 of the directive of the European Parliament and of the Council of 13/36/EU.
Article 24). 113 directive of the European Parliament and the Council 13/36/EU.
Article 25). 42 and 132 directive of the European Parliament and the Council, in 200648/EC
the texts of directives of the European Parliament and Council directive 2009/111/EC and 2010/78/EU.
25) § 44 of Act No. 93/2009 Coll. on Auditors and amendment to certain laws
(the law on Auditors), as amended by Act No. 139/2011 Sb.
27) the regulation of the European Parliament and of the Council (EU) no 575/13 of 26 February.
June 2013 on prudential requirements for credit institutions and
investment firms and amending Regulation (EC) No 648/2012.
28) Article. 19 the European Parliament and of the Council Regulation (EU) no 1093/2010.
29) Article. 4 (4). 1 point 40 and article. paragraph 458. 1 regulation of the European
Parliament and of the Council (EU) no 575/2013.
30) Article. 25 European Parliament and Council Regulation (EU) no 1093/2010.
31) the regulation of the European Parliament and of the Council (EU) no 1094/2010 of 24 March.
November 2010 establishing a European supervisory authority (European institution
for the insurance and occupational pensions), to change the
decision No 716/2009/EC and repealing Commission decision 2009/79/EC.
Article 32). 50 and 117 directive of the European Parliament and of the Council of 13/36/EU.
