On The Restriction Of Cash Payments And Amending The Law On Tax Administration

Original Language Title: o omezení plateb v hotovosti a o změně zákona o správě daní

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57881&nr=254~2F2004~20Sb.&ft=txt

254/2004 Sb.



LAW



of 13 October. April 2004



on the restriction of cash payments and on the amendment of Act No. 337/1992 Coll., on administration of

taxes and fees, as amended



Change: 303/2008 Sb.



Change: 281/2009 Sb.



Change: 139/2011 Sb.



Change: 428/2007 Coll., 18/2012 Coll., 407/2012 Sb.



Change: 261/2014 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE LAW ON THE RESTRICTION OF CASH PAYMENTS



§ 1



The purpose of the law



This law specifies which are the natural and legal persons (hereinafter referred to as

the "person") are required to make a payment through a person authorized

provide payment services or postal services in the form of

mail gift card (hereinafter referred to as "financial institution"), and governs the control of

compliance with this obligation.



§ 2



Definition of terms



(1) for the purposes of this Act, means the



and transfer or transfer payment) of funds provider

the payment to the payee,



(b)) credit transfer payment made by bank transfer of funds

in the Czech Republic through a financial institution in the Czech or

foreign currency or transfer of funds through the money

the Institute in the Czech or foreign currency from the territory of the Czech Republic on the territory of another

State.



(2) the payment shall be for the purposes of this Act, shall not be considered



and funds) to insert in cash to an account at a financial institution

and their selection of the account at the financial institution,



(b)), the exchange of banknotes or coins for other banknotes or coins

through a financial institution,



c) transmission of damaged banknotes or domestic non-domestic

coins of the Czech National Bank,



d) retention of banknotes or coins, of whom there are reasonable grounds for believing

they are false or falsified, and their transmission to the Czech National Bank,



e) transmission or transfer of funds in the implementation of

currency exchange shops by a person authorised to operate the Exchange

activity,



f) transmission or transfer of funds in the provision of services

consisting in the transport of euro banknotes and coins by a person authorised to

the provision of these services, or



g) transmission or transfer of funds in the provision of services

in the processing of banknotes and coins by a person authorised to

provision of these services.



Non-cash payments



§ 3



(1) the obligation to make a payment via bank applies to payments

carried out by the



and between each other) place of residence, place of residence or

located on the territory of the Czech Republic, branches or departments

foreign persons established in the territory of the Czech Republic, or



(b)) persons with the place of residence, place of residence or registered office in the territory

The United States, offices or departments of foreign

persons established in the territory of the United States for the benefit of people with a place

residence or headquarters abroad; exceeds the amounts of these payments amount

laid down in this law.



(2) the obligation referred to in paragraph 1 shall not apply to



and) payment of taxes, fees, duties, advances on these payments, charges for violation of the

budgetary discipline and to other types of payments made pursuant to the tax

regulations or in accordance with the Customs Act, if these laws provide otherwise,



(b) mandatory payments arising from) employment relations,



(c) the payment of pensions) pension insurance, including one-off

fees and payments of benefits from pension funds and participating funds

managed pension companies,



(d)) at the time the payments crisis under a special status declared by the

^ Law 1)



e) insurance payments and disbursements of indemnity from the private

insurance,



f) payments by the Czech National Bank in the sale of commemorative coins,

or



g) payments received by the bailiff, the judicial or administrative authority in the

the execution or enforcement of judgments.



§ 4



(1) the provider of the payment, the amount of which exceeds the amount (270 000 CZK

"the limit") is required to make a payment via bank.



(2) the recipient of the payment, the amount of which exceeds the limit, the payment shall not

accept, if not comfortable.



(3) payment in foreign currency for the purposes of this Act, shall be converted into the Crown

the Czech foreign exchange market exchange rate promulgated by the Czech National Bank and

valid on the date of payment.



(4) to the limit includes all payments in Czech and foreign currency,

made by the same payment provider to the same beneficiary during the

one calendar day.



Administrative offences



§ 5



(1) a natural person has committed the offence by breach of the obligation to perform

non-cash payment, although it imposes this obligation by this Act.



(2) a natural person has committed the offence by adopting the cash

a payment that was made in contravention of this Act.



(3) the offence referred to in paragraphs 1 and 2, you can impose a fine of up to 500 000 CZK.



§ 6



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by breach of an obligation to make a payment via bank, although

This duty to her under the law.



(2) a legal entity or individual entrepreneur is committed by the administrative

tort by adopting a cash payment that was made in the

inconsistent with this Act.



(3) for the administrative offence under paragraphs 1 and 2, you can impose a fine of up to 5 000

000.



§ 6a



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than 10 years from the day when it was committed.



(4) The liability for the acts, which took place in the business

person ^ 5) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(5) administrative offences under this law are finding in their activities

financial authorities and customs authorities.



(6) a fine stores, selects and enforced by the administrative authority which in its

activities found a breach of duty under this Act.



(7) income from fines is the State budget revenue.



§ 7



Transitional provision



It was agreed before the date of entry into force of this law, the fulfilment of the

undertaking a payment in cash, you can make the payment in cash in excess of the

limit referred to in paragraph 4 no later than one year from the date of entry into force of

of this Act.



PART TWO



cancelled



§ 8



cancelled



PART THREE



The EFFECTIVENESS of the



§ 9



This Act shall take effect on the first day of the third calendar month

following the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



Spidla in r.



Selected provisions of the novel



Article. XII of Act No. 303/2008 Sb.



Transitional provision



The procedure, which has not been completed before the effective date of this Act,

the current completes the legislation.



1) Act No. 240/2000 Coll., on crisis management and amending certain acts

(emergency law), as amended by Act No. 320/2002 Coll.



5) § 2 (2). 2 of the commercial code, as amended.