On The Financial Arbiter

Original Language Title: o finančním arbitrovi

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53508&nr=229~2F2002~20Sb.&ft=txt

229/2002 Coll.



LAW



of 9 June. May 2002



on the financial arbiter



Change: 558/2004 Sb.



Change: 57/2006 Sb.



Change: 264/2006 Sb.



Change: 285/2009 Sb.



Change: 281/2009 Sb.



Change: 180/Sb.



Change: 241/Sb.



Change: 278/Sb.



Change: 336/2014 Sb.



Parliament has passed the following Act of the United States:



Introductory provisions



§ 1



(1) the dispute in an otherwise within the jurisdiction of Czech courts is

jurisdiction financial arbiter (hereinafter referred to as "arbitrator"), in the case of a dispute

between



and) the payment service provider and the payment service user in the

the provision of payment services,



(b)) the Publisher of the electronic money and electronic money holder

When issuing and exchanging of electronic money,



(c) the lender or intermediary) and a consumer offering,

the provision or mediation of consumer credit,



(d) the person administering or carrying out) the administration of the Fund

collective investment schemes or offering investment in the Fund

for collective investment or comparable foreign investment

Fund and consumer use or application administration

a collective investment fund or offering investment fund

for collective investment or comparable foreign investment

the Fund,



(e) an insurance company or insurance broker) and a candidate for

insurance, the policyholder, the insured, the beneficiary or beneficiaries

when bidding, the provision or mediation of life insurance,



(f) foreign exchange activity and operator) a candidate for the execution

směnárenského trade or the person that was the currency exchange shop

executed.



(2) the conclusion of the arbitration agreement does not exclude the jurisdiction of the arbitrator.



(3) the arbitrator shall seek an amicable resolution of the dispute, in particular.



§ 1a



(1) the tasks related to the professional, organisational and technical security

the activities of the Office shall implement the financial arbiter of the arbitrator, that is the organizational

component of the State, entity and whose incomes and expenditures are included in the

the Ministry of finance budget chapter.



(2) the Head Office of the financial arbiter is the arbiter.



(3) the Organization and tasks of the Office of the financial arbiter regulates the status,

issued by the arbitrator.



(4) the employment and remuneration of the arbitrator, the arbitrator and other representative

the staff in the Office of the financial arbiter is governed by the labour code.



§ 2



Disputes referred to in § 1 shall be decided by the arbitrator and to the extent provided by law

the representative of the arbiter.



§ 3



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



and) the payment service provider,



(b)) Publisher of electronic money,



(c) the lender or broker when) the offering, delivering or

mediation of consumer credit,



(d)) the person administering the Fund for collective investment, conducting

the administration of the Fund, collective investment schemes or offering investment

to collective investment fund or a comparable foreign

Investment Fund,



(e) the insurance company or insurance provider) when offering,

the provision or mediation of life insurance,



(f) foreign exchange operator activities.)



(2) the applicant shall, for the purposes of this Act shall mean the user of payment

in the case of disputes referred to in § 1 (1). 1 (b). and), the holder of the

electronic money in the event of disputes referred to in § 1 (1). 1 (b). (b)),

the consumer in the event of disputes referred to in § 1 (1). 1 (b). (c)), and (d)),

those interested in the insurance policy, the policyholder, insured person, beneficiary or

beneficiaries in the event of disputes referred to in § 1 (1). 1 (b). (e)),

the implementation of směnárenského trade or the person with whom he was executed

currency exchange shop in the event of disputes referred to in § 1 (1). 1 (b). (f)).



(3) the consumer shall mean any natural person who is not acting in the course of their

business or within a separate exercise of their profession.



The arbitrator and his Deputy



§ 4



(1) the arbitrator and the arbitrator shall be appointed by the Government representatives on the proposal of the Minister of finance

for a term of 5 years from the persons fulfilling the conditions laid down in this

by law. The term starts on the day of appointment, if the function of the arbitrator

or his representative to be filled, otherwise on the day following the date of

the term of Office of the existing arbitrator or his representative. The Government appoints the

the arbitrator or representative of an arbitrator no later than 2 months prior to the ordinary expiry of

the term of Office of the arbitrator or representative of the arbitrator [§ 6, paragraph 3 (a))].

In other cases [§ 6, paragraph 3 (b)), c), (d))], the Government shall appoint a

the arbitrator or representative of the arbitrator so that the period from the date the end of the performance

the function of the arbitrator or representative of the arbitrator until the date of appointment of a new arbitrator

or representative of the arbitrator did not exceed 2 months.



(2) the Arbitrator and the arbitrator may be appointed as representative only persons who

they are of good repute, fully eligible to legal capacity, have a good reputation,

sufficient qualifications and experience.



(3) the representative shall represent the absence of the arbitrator an arbitrator in full

the extent of its powers and responsibilities. The arbitrator may representatives of the arbitrator

Permanent delegate part of their decision-making powers.



(4) for the appointment, removal from Office and the legal position of the representative of the

the arbitrator shall apply the provisions of this Act on the arbitrator.



(5) For an impeccable, is not the one who was convicted for

an intentional criminal offence, an offence against property, economic crime

or for an offense committed in connection with the financing of terrorism,

If his convictions for the offences was not zahlazeno or on it

for any other reason does not look as if he has been convicted.



§ 5



(1) the arbitrator shall perform his duties independently and impartially. They must refrain from

everything that could give the doubts about his impartiality.



(2) for the performance of its functions corresponds to the arbiter of Government.



(3) the arbitrator shall submit to the Chamber of Deputies and the Government once a year, and it

always to 31. March for the previous calendar year, a report on its activities,

which also contains information on the costs incurred to ensure

exercise of the activity. The report also contains information on ongoing disputes

without mentioning the identification data of the appellants. Indication of the

identification data of the institution in the message is not infringed the obligation to

confidentiality under section 22.



§ 6



(1) the performance of the functions of the arbitrator and the arbitrator is incompatible with representative functions

President of the Republic, a Deputy or Senator, Member of Parliament

The Supreme Audit institution or Bank Board of the Czech National Bank and the

the judge, as well as with any other activities in the public administration and with the

activities in management, supervisory and control bodies of the business

subjects.



(2) the performance of the functions of the arbitrator and the arbitrator's representative is incompatible with another

gainful activity, with the exception of manage their own assets and activities

scientific, educational, journalistic, literary or artistic, if not

such activity to the detriment of the performance function and its dignity and does not jeopardise the

confidence in the independence and impartiality of the performance function.



(3) the performance of the functions of the arbitrator or representative of an arbitrator shall expire when the



and his term of Office has elapsed),



(b)) became legally valid judgment of the Court, which was the arbitrator or representative

the arbitrator was sentenced for an intentional criminal offence, an offence against property,

economic offence or for an offense committed in connection with the

terrorist financing



(c)) was the Prime Minister delivered a written statement of the arbitrator or

the representative of as an arbitrator, that is its function of giving up,



(d) the arbitrator or representative of the arbitrator) died, or on the date on which it was

declared dead.



(4) for the performance of the functions of the arbitrator or representative of the arbitrator

does not apply if the conscription are subject.



§ 7



(1) the Government shall withdraw if an arbitrator has ceased to be eligible to exercise their

function.



(2) the Government may appeal the arbitrator's, if in the exercise of their function, severe

manner or repeatedly violated the obligations arising for the performance of its

the function of this law and of special legislation.



The proceedings before the arbitrator



§ 8



(1) proceedings are initiated upon the proposal of the applicant.



(2) the limitation period of the petition has the same legal effect as if it were

in the same case is brought before the Court.



§ 9



The proposal is not acceptable, if



and do not belong to the scope of the dispute) the arbitrator,



(b)) on the merits, the Court has already held, or proceedings was

Court,



(c) the dispute is or has already been) was the subject of the proceedings before the arbitrator,



(d)) on the merits have already been decided in arbitration, or in the case

the same was the arbitration started.



§ 10



(1) the proposal includes



and the description of the parties),



b) proof that the institution has been unsuccessfully invited to correct,



(c) full and comprehensible account of) the facts,



(d)) evidence or indications of evidence,



(e) what) the designation of the applicant seeks,



(f) a declaration that the appellant) did not file the same cause of action in the courts or to the

the arbitration tribunal or an arbitrator and that has not concluded an agreement with the institution of the

an out-of-court settlement and is aware of the binding nature of the award,



g) power of attorney if the applicant is represented on the basis of power of Attorney,



h) date and signature of applicant.



(2) if the applicant Is a legal person, the application must contain

statement of the person who signed the proposal, that it is entitled to a

the petitioner's Act.



(3) an application may be made to the arbiter. Pattern of administration


the arbitrator also shall publish in a way allowing remote access.



(4) if the claimant's design flaws, the arbitrator shall inform the

defects and how they are to be deleted, and shall invite him, within a period to be

within 15 days. In justified cases, the time limit on an arbiter

request of the applicant and prior to the expiry of 15 days to extend, even

repeatedly.



§ 11



Arbiter asks after the request to the institution within 15 days to the draft

expressed. In justified cases, the time limit may, at the request of institutions and

before the expiry of a period of 15 days to extend, even repeatedly.



§ 12



Principles of management



(1) the arbitrator shall decide according to the best of my knowledge and

conscience, impartially, fairly and without delay and only on the basis of

facts established in accordance with this Act and the specific legal

regulations.



(2) the arbitrator shall order a hearing on the request of a party or of the

on its own initiative.



(3) the arbitrator is not bound by the proposal and actively provides the evidence. When your

decisions are based on the arbitrator of the facts of the case and evaluates the

the evidence.



(4) the parties to the proceedings have the right to access to the file and the right to receive a copy of the

documents based on the file.



(5) in the course of the proceedings the arbitrator is entitled to require from the parties

presentation of all the evidence to support their claims, including

an oral explanation.



(6) the institution shall, within 15 days



and submit to the challenge of an arbitrator) required documents and participate in

the negotiations,



(b) request the arbitrator to) provide an explanation and request for

the submission of the dossier relating to the subject matter of the dispute,



(c)) to allow an arbitrator to look into their files and electronic

records relating to, held by the dispute.



In justified cases, the time limit at the request of the institution of the arbitrator and before

expiry of a period of 15 days to extend, even repeatedly.



(7) the arbitrator may delegate in writing to the employee in the Office of the financial

an arbitrator or other natural persons to carry out the investigation in the case.

The institution is obliged to fulfil its obligations under paragraph 6 of this

persons. Before carrying out the investigation, the designated person proves by written

credentials.



(8) the authorized natural person shall comply with the obligations laid down

employees in Section 303 of the labour code.



(9) the arbitrator may, in the course of the proceedings turn on institutions that

are not parties to the proceedings if their explanation can be relevant for the

progress or outcome of the proceedings. For these cases, shall apply mutatis mutandis

paragraphs 6 and 7. The requested institution is not entitled to reimbursement of the costs

related to the fulfilment of the obligations under this provision.



section 13 of the



The language of the



The claimant has the right to conduct of the procedure in the language in which it is drawn up

his contract with the institution or with the institution in writing

acted upon.



§ 14



Termination of the proceeding



Arbiter stops the control resolution also, if



and the arbitrator subsequently) found that the application is inadmissible under section 9,



(b) the applicant has not provided through challenge) arbiter necessary assistance; about

the applicant must be the arbiter advised



(c)), the rapporteur took its proposal.



§ 15



Find



(1) the arbitrator shall decide the merits of the case without undue delay.

The arbitrator shall decide the matter within 30 days from the date of commencement of the proceedings; in a particularly

complex cases will decide within 60 days; If, due to the

the nature of the decision or within this time limit, it may be the arbitrator reasonably

extended. The deadline is being built for the duration of a time limit under section 10, paragraph 1. 4,

§ 11 and § 12 para. 6.



(2) a written copy of the award shall be served on the parties without

undue delay into your own hands.



(3) Find contains a statement in the preamble and the lessons of objections.



section 16 of the



Objections



(1) within 15 days from the date of receipt of the written copy of the award, the parties may

to appeal against the finding of reasoned objections. The right of objection can be

give up. Timely filed objections have suspensory effect.



(2) the arbitrator's decision on the objections, the find confirms or changes. The arbitrator

decide on the objections within 30 days from the date of delivery of the arbitrator; in

particularly complex cases will decide within 60 days; If you cannot

due to the nature of the case or decide within this time limit, it may be the arbiter

reasonably extended.



(3) a written copy of the decision on the objection shall be served on the participants

control into your own hands.



(4) the decision on the opposition is final.



§ 17



The legal power and the enforceability of the award



(1) the Delivered award, which already cannot be challenged by the opposition, is in a legal

power.



(2) the award is enforceable under the code of civil procedure, as soon as

the deadline for compliance.



(3) if the period for the performance of the award is enforceable

as soon as regained legal power.



§ 17a



In the report, in which the arbitrator meets, even if only in part, the proposal of the applicant,

stores at the same time to the institution of the obligation to pay a penalty of 10% of the

the amount that the institution is obliged to pay to the applicant, according to the award,

at least 15 000 CZK. Payment of CZK 15,000 stores, even in cases when

the subject of the dispute is the cash amount. The penalty is the income of the State

the budget.



section 18



The costs of proceedings



(1) each Party shall bear its own costs of the proceedings, with the exception of

the cost of interpretation under section 13, which shall be borne by the institution.



(2) the proceeding with charges.



§ 19



cancelled



section 20



International cooperation



(1) the arbitrator shall cooperate on the basis of reciprocity with similar bodies in the

the other Member States of the European Union and in other States that make up the

European economic area and with the institutions of the European Union.



(2) the arbitrator conducts the basic information about the bodies referred to in paragraph 1.

The arbitrator shall publish this information in an appropriate manner.



section 21



Information obligation of the arbitrator



(1) the arbitrator shall publish once a year in a suitable manner, not later than 30 June 2005.

June of the following calendar year, an annual report on its activities,

including a description of the selected pending disputes without putting

identification data of the appellants. The identification data

institutions in the annual report is not violated by the obligation of professional secrecy

section 22.



(2) the arbitrator shall inform the authority competent to supervise the institutions on

observed deficiencies in the activities of the institutions.



(3) the arbitrator provides, on request, assistance to promoters in the context

with the start of the proceedings, in particular when drawing up, submission or supplement the proposal,

and at any time during the proceedings. On the possibility of providing such assistance and the

the procedure of the appellants in proceedings under this Act, the arbitrator in an appropriate

way informs the public.



(4) the arbitrator shall inform the appropriate manner in the performance of its functions to the public about the

the procedure under this Act and on ongoing disputes with no indication of the

identification data of the appellants. The publication of the present disputes with

the identification data of the institution is not infringed the obligation to

confidentiality under section 22.



section 22



the title launched



The arbitrator can confidentiality of facts which

learned in the exercise of activities under this Act, exempt only the Government.



Article 23 of the



The fine



(1) for failure to fulfil obligations imposed by an institution in section 11, section 12 paragraph 1. 6, 7, and

9 may the arbitrator according to the nature and gravity of the violation of the law to save

the institution of a fine up to Czk 1 000 000. A fine may be imposed and

repeatedly, if the infringement continues.



(2) the procedure for the imposition of fines can be initiated within one year from the date of

failure to fulfil obligations. The procedure for the imposition of fines may be opened also

delivering the decision imposing a fine. A fine may be imposed no later than

2 years from the date of the infringement.



(3) the decision imposing a fine, the preamble and the operative part contains instruction on the

the possibility to lodge an objection against it.



(4) the Objections against the decision imposing a fine can be submitted to the arbitrator to

15 days from the date of notification of the decision. Timely filed objections have suspensory

effect.



(5) objections against the decision imposing a fine shall be decided by the arbitrator without

undue delay. The arbitrator will decide on the objections within 30 days from the date of

their service; in particularly complex cases, shall decide no later than 60

days; If, due to the nature of the case or decide within this time limit, the

it the arbitrator reasonably extended.



(6) a written copy of the decision imposing fines and written copy

of objections to the decision of the arbitrator shall be served on a participant in your own

the hands.



(7) the decision of the arbitrator on the imposition of a fine, against which you can no longer submit

the opposing party is in legal power.



(8) the fine is State budget revenue.



Common provisions and transitional



section 24



Control



In proceedings under this law shall be applied, mutatis mutandis, in accordance with the administrative

the order, unless otherwise provided by this Act.



§ 25



The institution has met the obligation according to § 19 para. 1 for the first time in 3 months from the date of

entry into force of this Act.



section 26



The effectiveness of the



This Act shall take effect on 1 January 2000. January 1, 2003.



Klaus r.



Havel, v. r.



Zeman in r.



Selected provisions of the novel



Article. IX of Act No. 285/2009 Sb.



Transitional provision



The institution, which has not yet been required to fulfil the information obligation

provided for in § 19 para. 1 of the Act No. 229/2002 Coll., on financial

arbiter, in the version in force until the date of entry into force of this Act, is

required to meet the information requirements provided for in § 19 para. 1 of law No.

229/2002 Coll. on the financial arbiter, in the version in force from the date of acquisition


the effectiveness of this law, within 3 months from the date of entry into force of this

the law.



Article. (II) Act No. 180/Sb.



Transitional provisions



1. the institution which has not yet been required to fulfil the information obligation

pursuant to section 19 of the Act No. 229/2002 Coll., in the version in force before the date of application

the effectiveness of this law, is obliged to fulfil the information obligation pursuant to §

19 of Act No. 229/2009 Coll., in the version in force from the date of entry into force of

This Act, not later than 3 months from the date of entry into force of this

the law.



2. Act No. 229/2002 Coll., in the version in force from the date of entry into force of

This law, also applies to the performance of the functions of the financial arbiter and his

the representative of the elected Chamber of Deputies.



3. the term of the representative appointed by the Government for the first time the financial arbiter

After the date of entry into force of this Act is 2 years.



4. the staff of the Czech National Bank engaged in work for the financial

an arbitrator, on the basis of written agreements for the performance of work to

financial arbitrator concluded between the Czech National Bank and the

employees become the effective date of this Act, employees

United States classification in the Office the financial arbiter. The rights and

obligations under the labor relations of these employees are switching

that date from the Czech National Bank, the Czech Republic, for which it is acting, and

These rights and obligations on its behalf shall exercise the Office of financial

arbiter.



5. The property owned by the Czech National Bank, with the exception of real estate,

that on the day preceding the effective date of this Act, taken

financial arbiter of the accomplishment of the tasks provided for by law and which is needed

to discharge the duties of the financial arbiter according to Act No. 229/2002 Coll., on

the version in force until the date of entry into force of this law, shall be transferred on the date of

the effective date of this Act for consideration into the possession of the United

of the Republic. Liabilities related to these assets become the date of application

the effectiveness of this law, the obligations of the United States. The jurisdiction of the farm

with this property, and the implementation of commitments related to belong to the Office

the financial arbiter. Amount of payment for the assets derived from its

the book value and the scope of compensation related obligations, the agreement

among the Czech National Bank and the Czech Republic – the Ministry of finance.

Of the transmission and receipt of the assets and liabilities will draw up the Czech national

the Bank and the Office of the financial arbiter no later than one month from the

the effective date of this Act Protocol. The Protocol must contain

the definition of assets and liabilities. Similarly with regard to the rights of

intellectual property rights.



3) § 2 (2). 2 Act No. 280/2009 Coll., the tax code.