Building Savings

Original Language Title: o stavebním spoření

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40846&nr=96~2F1993~20Sb.&ft=txt

96/1993 Coll.



LAW



of 25 June 2002. February 1993



about the construction savings and construction savings State support and complement

the Czech National Council Act No. 586/1992 Coll., on income taxes, as amended by

the Czech National Council Act No. 35/1993 Coll.



Change: 83/1995 Coll.



Change: 423/2003 Coll.



Change: 423/2003 Coll. (part)



Change: 292/2005 Sb.



Change: 161/2006 Sb.



Change: 342/2006 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Coll., 348/2010 Sb.



Change: 263/2011 Sb.



Change: 348/2010 Coll. (part), 353/2011 Sb.



Change: 303/2013 Sb.



Change: 64/2014 Sb.



Change: 135/2014 Sb.



Parliament has passed the following Act of the Czech Republic:



PART I



Building savings



§ 1



The definition of construction savings



Construction savings is the special saving of



and) receive deposits ^ 1) from participants of building savings,



(b)) in the provision of loans to the ^ 1) participants of the construction savings,



(c)) to provide the contribution of individuals to ^ 2) (hereinafter referred to as "State

support ") participants of the building savings loan.



The operator of the building savings loan



§ 2



(1) the operator of the building savings loan is the building society. Building

Savings Bank is a Bank, ^ 3) which can perform only actions allowed in

She granted a banking license, which are building savings and more

activities under this Act (section 9). Building society may also

to exercise the competence of the public administration, a contact point if the holder of the

authorization by a special Act.



(2) When their activities are subject to the building society banking supervision

under the special law, ^ 4) where this Act provides otherwise.



§ 3



The designation "savings" can only be used for a form of savings

the revised this law, and the words "building society", their translations,

or words derived from them may be in their commercial company use only

the Bank, which is the operator of building savings under this Act.



§ 4



Building savings participant



(1) a participant in the construction savings (hereinafter referred to as "participant") can be

natural or legal person.



(2) State aid may obtain



and a citizen of the Czech Republic), ^ 4a)



(b) a citizen of the European Union), which was issued the licence or certificate of

stay on the territory of the Czech Republic ^ 5) and assigned a social security number to the competent

authority of the Czech Republic ^ 5a)



c) a natural person resident in the territory of the Czech Republic ^ 5) and native

number allocated by the competent authority of the Czech Republic ^ 5a).



(3) entitlement to State support for the calendar year arises when

If a participant must meet at least one of the conditions referred to in paragraph 2 after the

the entire calendar year, unless otherwise provided for in this Act. In

calendar year, during which time saving starts or ends,

It is sufficient if a participant must meet at least one of the conditions referred to in paragraph

2 for the duration of the time savings in the year concerned.



§ 5



Building savings contract



(1) the person shall enter into a contract on building savings bank building

savings (hereinafter referred to as the "agreement") becomes a participant. The provider of the

building savings contract shall inform the future participant content in text

form well in advance before its conclusion. Participant in the

the Treaty, in particular, undertakes to store for the building society deposits in an agreed

the amount of. The contract of the participant, if he is a natural person, must contain the

his statement, whether under this agreement calls for the granting State

the aid. This statement may be a participant during the calendar year

Once a change. Part of the contract are the general terms and conditions

building savings (hereinafter referred to as "terms and conditions").



(2) the participant has the right to grant a loan from building savings on

financing housing needs (hereinafter referred to as "the building savings loan")

compliance with the terms of this Act and the conditions set by the building

society in general business conditions, especially after meeting

assumptions of ensuring his return.



(3) the building savings loan building society may be granted

and a participant in the applied only to finance housing needs. The financing of the

the housing needs of the participant and funding means the housing needs of persons

the nearby. Per person close to for the purposes of this Act be deemed related

in a series of direct, sibling and spouse.



(4) the length of the waiting period for the provision of funds from a loan from

building savings must not be less than 24 months from the beginning of the period

savings and depends on the conditions laid down in the building society

General terms and conditions.



(5) building society can provide the participant the amount of the credit to the target

the amount, which is used to cover the costs of housing needs and solutions in

When a participant does not yet qualify for a credit of

building savings.



(6) the Agreement must include the interest rate on deposits and the interest rate of the

loan from building savings. The difference between the interest rate on deposits and

the interest rate of the loan from building savings can amount to a maximum of 3

percentage points.



(7) the interest rate of the deposit specified in the contract may construction

Savings Bank to unilaterally change in case the participant after completion of the

the conditions laid down by the building society to provide a loan of

building savings in the general terms and conditions of the offer

the provision of building savings loan has not taken and the date of the conclusion of the

the contract expires at least 6 years. Permission to this change and the method of determining

changed the interest rates of deposits must be listed in the contract.



(8) the participant is required to for the duration of the contract, in writing, notify the

Stavební spořitelna all the factors that affect the performance of

the conditions laid down in this law and the general terms and conditions.

The participant is obliged to demonstrate in particular use loan stavební spořitelna

within the meaning of paragraphs 3 and 5 on the residential needs.



(9) the target amount is equal to the sum of the deposits, State aid, loan from

building savings and interest from deposits and State aid, after the deduction of tax

income from the interest. The amount saved is equal to the sum of the deposits, interest

of deposits and interest credited to the State aid, reduced the tax from the

the income from these interest and payments charged to the building society.

Uspořenou the amount of savings in time cannot be converted to another person, it can be

However, to ensure the claims provider savings from

the loan, which the provider of the building savings loan provided pursuant to paragraph 2

or 5.



(10) the time savings begin on the date of signing and shall expire on the conclusion of the

contracts for loan from building savings, first, however, on the expiry of the waiting

the period referred to in paragraph 4, or payment of the balance of the building savings account

the participant, but not later than the date of termination of the contract, or termination

a legal person as a participant.



(11) the Treaty shall include in the end of the period, for a maximum period of 6

years from the date of its conclusion, the amount of remuneration or the method of determining the amount of the

remuneration for the management of the building savings account established and maintained by the

receive deposit participant, and for services strictly related with the management of

This account, with the method of determining the amount of the remuneration shall not be dependent only

on the will of the stavební spořitelna. Strictly related with the management of services

the account referred to in the first sentence are those services whose provision stores

Stavební spořitelna generally binding legal regulation, or such service,

the granting of participant which cannot properly fulfil the obligations of the

the Treaty, refuse, without it for him to have an adverse effect

meaning loss of entitlement to State support.



(12) to the conclusion or amendment of the contract for a minor participant

his legal representative does not need the consent of the Court, as this legal

the negotiations are considered routine in the management of the assets of the child.



§ 6



Residential needs



(1) the Housing needs of a participant who is a natural person, for

the purposes of this Act, means the



and the construction of an apartment house, a) ^ 6) ^ 7, family house or apartment) in the

ownership by a special legal regulation, ^ 8)



(b)) change the construction on apartment house, family house or apartment,



(c)) the purchase of apartment house, family house or apartment under construction including

the construction of these houses or apartment,



(d)) the purchase of land in connection with the construction or purchase of an apartment house,

the family house or apartment, including rozestavěného apartment house, family

House or apartment, or with solutions of other residential needs,



e) repayment of the deposit share in the Member or a legal person, which is

participant Member or partner, if a party becomes the tenant of the apartment,

where applicable, if the other user to the apartment, in a residential or

family house in the ownership of the legal person,



(f) construction, maintenance) change the construction or maintenance work on the



1. apartment building or House, if they are in the ownership or

joint ownership of a Subscriber or a legal person of which the participant is

a member or member, and the Subscriber is a tenant of the apartment in this residential

House, or House, or if he uses the apartment in that House from another

the rule of reason,



2. apartment in the ownership or co-ownership according to a special legal

Regulation, ^ 8), including the payment of share of change, maintenance or preservation
the works relating to the common parts of the House,



3. apartment in a building or a House, if the participant

the tenant, or if he uses the apartment from another legal reason, and construction work

are carried out with the consent of the owner of an apartment house or family

the House, if such consent is necessary under the specific legal

Regulation, ^ 9)



g) settlement of spouses or the settlement of the joint owners,

where appropriate, the heirs in the case of the subject of settlement is the payment

co-ownership of the purposes referred to in points (a) to (e))) and

(h)),



h) payment for transfer of the cooperative share, or for the transfer of the share in the

legal person, if the tenant of the apartment, where appropriate, the participant will

have other users in the residential house, apartment or family home in

the ownership of legal persons, which is the conversion of a cooperative share or

the transfer of the share is concerned,



I) solution to the housing needs of referred to in points (c) and (d))) as the transfer

or by going under a special legal regulation, ^ 10)



j) connection of the apartment house, or House, or a House with apartments in

ownership by a special legal regulation ^ 8) to public networks

technical equipment, if a participant is the owner or co-owner

the simplest construction,



to repay the loan, or) the lease used in the financing of housing

the needs referred to in subparagraphs) to (j)), with the exception of fines or other

sanctions.



(2) in the case of a participant which is a legal person, for the use of

building savings for residential use shall be deemed a loan needs



and on purpose) referred to in paragraph 1 (b). and) to (f)) and i),



(b)) to repay the loan or lease, used to finance housing

the needs referred to in paragraph 1 (b). and) to (f)) and i), or



(c)) for the construction of networks of technical equipment.



(3) Housing the need referred to in paragraphs 1 and 2 must be located in the Czech

Republic.



section 7 of the



General business conditions



(1) building society is obliged to draw up general business

the conditions. General terms and conditions are subject to approval by the Ministry of

Finance (hereinafter referred to as "the Ministry").



(2) the general business conditions of the building society in an appropriate manner

will publish.



(3) the general terms and conditions must contain at least the following information:



and) conditions of concluding contracts and how building societies in their

concluding, modifying and terminating,



b) conditions and assumptions to get loan from building savings



(c)) the conditions of contracts of building savings loan and how to

building societies in their conclusion, the changes and exiting



(d)) to the demise of the stavební spořitelna or in the withdrawal of the Bank

licence.



§ 8



The death of a participant



(1) the obligation of the contract on building savings participant shall cease with the death and

part of the estate's claim to payment of the amount saved,

the claim for the payment of advances on State aid registered account

the participant and the advance of State aid for the calendar year in which the participant

He died, according to the amounts actually saved on the date of death of the participant in this

calendar year. Part of the estate are any debts of the participant

arising from construction savings.



(2) for the payment of State aid due to the death of the participant to section 12 paragraph.

2 does not apply.



§ 9



Other activities of the stavební spořitelna



(1) building society may in addition to the activities referred to in section 1 of the



and loans) to provide persons whose products and services are

designed for meeting the residential needs of



(b)) to receive deposits from banks, foreign banks, branches of foreign

banks, financial institutions, international financial institutions and affiliates

foreign financial institutions,



(c)) to provide guarantees for loans building savings loans

provided under section 5 (3). 5 and for the loans referred to in point (a)),



(d)) to trade on their own account with mortgage security leaves and with

similar products, issued by the Member States of the Organization for

economic cooperation and development,



(e)) to trade on their own account, with bonds issued by the Czech Republic,

with bonds, for which the Czech Republic has assumed a guarantee, and with bonds

issued by the Czech National Bank,



(f)) to trade on their own account, with bonds issued by Member States

The Organization for economic cooperation and development, the central banks,

financial institutions of these States, and the banks established in these

States, as well as with bonds, for which these States have assumed a guarantee, and with

bonds issued by the European Investment Bank, the Nordic Investment

Banks and of the European Central Bank,



(g)) to perform payment transactions and its accounting in connection with the activities of the

Stavební spořitelna, a.s.



(h)) to provide banking information,



I) conclude the shops used to hedge against currency and interest rate

the risk,



(j) to exercise financial brokerage).



(2) the activities referred to in paragraph 1, the building society to exercise

provided, that the priority secured its commitments

resulting from the contracts, and that there is no shortening of deadlines

maturity of the loan from building savings or extending waiting

time limits on their provision.



(3) the proportion of the sum of the target amounts for construction contracts

society with legal persons on the sum of the target amounts for contracts for

which has not yet identified the entitlement to building savings loan, can do

not more than 15% in 2012 to exceed 25%. Receivables from loans referred to in

paragraph 1 (b). and loans), and under section 5 (3). 5 shall not exceed 20% of the

the sum of the target amounts in 2012 30% of this sum.



(4) building society can only save funds for banks

based in the Czech Republic, branches of foreign banks operating in the

the territory of the Czech Republic, or in the case of foreign banks located on the territory of the

the Member State of the European Union, and only provided that they

preferably secured its obligations arising from contracts concluded and that the

There is no shortening of the maturity of loans building savings or

to the lengthening waiting periods on their provision.



(5) building society may acquire the necessary resources only from banks,

foreign banks, branches of foreign banks, financial institutions,

foreign financial institutions and branches of foreign financial

institutions. Building society may also issue bonds

maturity of not more than 10 years.



(6) building society may have equity only in legal

persons engaged in the construction of apartments and family houses or production

for these purposes, ancillary banking services undertakings and in other

Building Societies Act.



(7) the participation in the legal person referred to in paragraph 6 shall not exceed one

one-third of the share capital of legal entity and the sum of the participation in

legal persons must not exceed 15% of the capital construction

Savings Bank. It does not apply to the acquisition of participations in other building

savings banks and businesses ancillary banking services.



(8) building society may be one of the only real things, which are

secured by its accounts receivable, or immovable things intended for the performance of activities

the building society.



§ 9a



Information system



(1) for the purposes of



and monitoring compliance with conditions) for State aid,



(b) the processing of applications for the annual) advances the State aid, additions and corrections

This application,



(c)) return of State aid for building societies to the Ministry,



(d) changes to the information about the participants),

It is operated by the information system under a special legal regulation

relating to the information systems of the public administration, whose administrator ^ 10a) is

the Ministry (hereinafter referred to as the "information system").



(2) in the information system shall be kept by the participants, which are physical

person, the following data for



and the State of the citizens of the Czech Republic) in the range of



1. the name, or names, first and last name,



2. social security number



3. postal code of the address of the place of residence,



4. the contract number, the date of its conclusion, the trading company building

the savings bank and the identification number of the person (hereinafter referred to as "identification number")

Stavební spořitelna, a.s.



5. end date of the time savings,



6. the date, reason and type of contract changes affecting the right to State

support,



7. the amount of aid granted by a State,



(b) aliens ^ 10b)) in the range of



1. the name, or names, first and last name,



2. social security number



3. postal address of the place of stay in the Czech Republic,



4. the type of stay



5. the contract number, the date of its conclusion, the trading company building

the identification number of the savings banks and building societies,



6. end date of the time savings,



7. the date, reason and type of contract changes affecting the right to State

support,



8. the amount of aid granted by the State.



(3) the Ministry establishes the information system of the information set out in

paragraph 2, which it receives from the building societies.



(4) the Ministry provides data from the information system construction

savings banks and the participants, and to the extent established by law.

The State administration authorities and the authorities entrusted with the public administration

the Ministry provides data from the information system, if required

their activities resulting from their statutory competence.
(5) the Ministry of Stavební spořitelna offers in writing, in electronic

form under the special legislation governing electronic

signature or on the technical data medium, the information referred to in paragraph 2, led by

in the information system about the participants, who with this building society

contracted. Without the application provides the Ministry of construction

the Bank, these data only for the purposes of processing applications for annual prepayment

State aid (section 11). In other cases, the Ministry

the information referred to in paragraph 2 only on the basis of the written application or

applications submitted in electronic form in accordance with special legislation

adjusting the electronic signature. Building societies, which are as follows

obtain data from the information system, gather, is not transmitted

any other person or use the above framework laid down specific legal

Regulation governing the protection of personal data.



(6) the participant on the basis of a written application or applications in electronic

the form provides the Ministry in writing or, if the party concerned so requests,

in electronic form, the information referred to in paragraph 2 of the led in the information

system to his person. In the request, the participant shall



and, where applicable, names) the name, first and last name,



(b) the social security number),



(c) the address of the place of residence) for citizens of the Czech Republic or State

the address of the place of residence of foreigners in the Czech Republic,



(d)), the date of the contract number to its conclusion, a commercial company building

the identification number of the savings banks and building societies.



The written request of a participant shall endorse the officially certified signature. For

the minor participant, asking for the provision of information pursuant to this paragraph

his legal representative. For the attendee whose responsibility was the decision

the Court limited so that it is not competent to act under this paragraph,

calls for the provision of information pursuant to this paragraph of his guardian.



(7) the data recorded in the information system on technical data carriers

shall be kept for the period strictly necessary for the implementation of the objectives for which the

the data are collected and subsequently processed.



PART II



State aid



§ 10



The amount of State aid



(1) State aid is the responsibility of the participant, if he is a natural person,

When compliance with the conditions laid down in this Act and provides from

the State budget of the Czech Republic in the form of annual advances.



(2) Provided the backup state aid shall be 10% of the amount saved in

the calendar year, to a maximum of the amount of 20 000 Czk.



(3) a party who is a natural person and complies with the conditions laid down

in section 4, paragraph 4. 2, and which has concluded in one calendar year, more

contracts, State aid to those contracts, for which about her return

asked. While gradually point the backup state aid as a priority

because of the amounts of previously concluded contracts, with the total sum of

State aid to all the contracts of the participant in the relevant

calendar year must not exceed the limit specified in paragraph 2.



(4) the amount of savings in excess of 20 000 Czk in one year, in terms of

the assessment of the participant's claims on State aid transfers to the following

of savings in the event that a participant in the contract will contain the

a statement that in the framework of this agreement calls for the granting State

the aid. This declaration is not a participant for the duration of the Treaty change.



§ 11



The provision of State aid



(1) On the crediting of annual State aid advances on account of the participant is entitled,

If it is a natural person, the amount of money saved in the appropriate

calendar year.



(2) entitlement to the payment of an advance on State aid apply cumulatively for the

all the participants of the stavební spořitelna written request for Ministry,

and it's always after the expiry of the calendar year. Building society credit

State aid in the advances credited the accounts of participants no later than one

months from receipt of advances from the Ministry. Interest from the backup State

support belongs to the participant from the day following the date on which construction

Savings Bank receives an advance from the Ministry.



(3) in the application for the advance of the annual State aid shows the building society

the following information:



and the list of participants), which is required in a given period of the backup

State aid and data needed to verify this list of participants

which are the



1. the name, or names, first and last name,



2. social security number



3. postal code of the address of the place of residence in the State

citizens of the Czech Republic,



4. the type of residence and postal address of the place of stay in the Czech

Republic for foreigners,



5. the contract number, the date of its conclusion,



6. end date of the time savings,



7. the date, reason and type of changes and other facts affecting the right to

State aid, which are not yet recorded in the information system,



8. the amount of State aid.



(b)) the list of participants, who during the period of the newly concluded or

they canceled the contract, and the list of participants who have not fulfilled the conditions of this

the law for the granting of State aid.



(c) the overall advance) quantify the State aid.



(4) the Ministry of pointing out the amount of the annual advances stavební spořitelna

State aid within two months of receipt of the request.



(5) in the case of an incomplete application, or the wrong data is the Ministry of

shall be entitled to request the addition or correction of the application. After a period of time, before the request is

supplemented or corrected, the period referred to in paragraph 4 is not running.



(6) the request, its addition or correction is processed for use

the information system. When examining an application, its addition or

repair is the Ministry of the Interior Ministry authorized to ask about

comparison of the data of the information system with the data passing in the information

the system of registration of the population, and 10 c) ^ data on



and the Government of the Czech Republic citizens) in the range of

1. the name, or names, first and last name,

2. social security number

3. postal code of the address of the place of residence,



(b)) to the extent the aliens

1. the name, or names, first and last name,

2. social security number

3. postal address of the place of stay in the Czech

Republic,

4. the type of stay.



(7) the Ministry shall determine by Decree the term, method of administration and formalities

applications including how to provision its corrections or additions.



(8) the Ministry shall determine in agreement with the Ministry of the Interior Decree

the technical and organizational conditions for the comparison referred to in paragraph 6.



§ 12



Payment of State aid



(1) until the payment of the participant are credited the advance of State aid

on account of the participant only recorded.



(2) the advance of State aid, credited to the participant's account by the end of the period

savings, pay off the building society to the participant:



and if a participant) for 6 years from the date of conclusion of the contract, either with the

uspořenou of the amount, or



(b) If a participant in a period) within 6 years from the date of conclusion of the contract concluded

contract for loan from building savings and uses the uspořenou amount,

the funds from this credit and these backups on State aid

residential needs.



(3) in other cases, the participant is not entitled to the payment of advances of the State

support and building society is required to advance the State of the support,

registered on the account of a participant, go back to the Ministry, within 2 months from the

the day, when it finds that the party has lost State aid on the payment of advances

the claim.



(4) entitlement to the payment of State aid to the party while fulfilment of the conditions

This Act only for the time savings.



(5) For the treatment of uspořenou of the amount referred to in paragraph 2 shall be deemed to also

enforcement of a decision affecting the uspořenou amount, or part thereof. Performance

the decision cannot affect the advance of State aid registered on your account

participant.



section 13



The rights and obligations of the stavební spořitelna



(1) building society checks whether the participant takes the right to

State aid registered on his account. If that right for reasons of

failure to comply with the conditions laid down in this law died, building

society for more State aid do not take backups and is responsible for the

the amount of advances received State aid to return to the Ministry.



(2) building society checks whether the conditions were met for the

the payment of State aid to the participant. In the case of the use of

building savings, saved or paid amounts of State aid in the

inconsistent with this Act is a building society is entitled to require that

participant returned without undue delay, loan or part used in the

contrary to the purpose of the loan and paid State aid. The participant is in this

the case shall a loan or part thereof and to return the paid State aid

building savings bank within the time limit set by the building society. State

support the building society to the Ministry.



(3) the inspection referred to in paragraphs 1 and 2 done by building society on

the basis of the documents submitted by the participant. The building society is obliged to

paid State aid in the cases referred to in paragraphs 1 and

2 the Ministry not later than 2 months from the date of the detection of the reasons for the

State aid repayment.



(4) for at least 10 years from the termination of the contract is a building society

shall keep all documents relating to the payment of State aid.
This provision is without prejudice to the time limits in the cases, when other legal

the legislation provides for a longer period.



(5) when returning the State aid referred to in paragraph 3, the construction

request for change of society, the Ministry of information about participants registered

in the information system.



(6) information about the returned state aid referred to in paragraph 3 and the request for

change of registered information about participating in the process for the use of

the information system.



(7) the Ministry shall determine by Decree the method of returning the State aid under

paragraph 3 and the method of administration and request for amendment of data on the

participating in.



§ 14



The register of State aid



(1) State aid is registered until payment of the participant or

returning to the Ministry on account of the participant, so that it was possible at any time

quantify the amount, and the interest rate is the same as the basic deposit

participant.



(2) in the case of State aid repayment to the interest arising from the

State aid to leave the party.



§ 15



Checking compliance with the conditions for the granting of State aid



(1) the control of compliance with the conditions for the granting of State aid,

laid down by this law, carries out Ministry. For this purpose,

the Ministry operates the information system.



(2) the Ministry of the Interior provides for the performance of checks on compliance with

the conditions for the granting of State aid to the Ministry of information

the system of registration of the population data of the 10 d) ^ ^



and the citizens of the Czech Republic) State ^ 10e)



1. the name, where applicable, the name and surname, maiden name,



2. date of birth



3. social security number



4. the address of the place of residence,



5. the beginning of permanent residence or cancellation date data on the place of

permanent residence or the date of their permanent residence on the territory of the Czech

of the Republic,



6. marital status, date and place of marriage,



7. the social security number of the child; If the child is an alien who does not have an allocated native

number, name, or name, surname, and date

his birth,



8. date, place and County of death,



9. day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death,



(b) aliens who are),



1. the name, where applicable, the name and surname, maiden name,



2. date of birth



3. social security number



4. citizenship or more state citizenship,



5. type and the address of the place of stay,



6. the number and validity of the residence permit,



7. beginning of stay, where appropriate, the date of their stay,



8. name, where applicable, the name, the surname of the child, if the resident ^ 10e), and

his social security number; in the event that the child has not been assigned a social security number,

provides name, where applicable, the name, surname and date of birth,



9. date, place and County of death,



10. day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death,



in electronic form in a manner enabling remote access.

Resident means a natural person according to a special legal

^ 10f of Regulation).



(3) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



(4) building society is obliged to provide all Ministry

the data for the performance of checks on compliance with the conditions for the granting of State

the aid referred to in paragraph 1.



(5) when providing the information referred to in paragraph 3 to the designated

officials of the Ministry of the stavební spořitelna not covered by the obligation of

to maintain banking secrecy. ^ 11)



(6) the results of checking compliance with the conditions for the granting of State

the aid, to be carried out by the Ministry, and banking supervision, exercised

The Czech National Bank, the Ministry and the Czech National Bank mutually

inform.



(7) the conditions for the operation of the information system referred to in paragraph 1 shall lay down the

Ministry decree.



§ 15a



The provision and comparing data



(1) the Ministry of the Ministry of the Interior provides for the performance of State administration

in the field of control of compliance with the conditions for the granting of State aid of the

basic population register reference data, which are



and last name)



(b) the name or names),



(c)) date of birth,



(d) the address of the place of stay)



(e)) of the date, place and County of death,



f) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death or the date on which the data subject declared dead

survivors,



(g)), or multiple citizenship of State citizenship.



(2) the Ministry of the Ministry of the Interior provides for the performance of State administration

in the field of control of compliance with the conditions for the granting of State aid from the

agendového of the information system of the population register on State citizens

The Czech Republic's data, which are



and, where applicable) surname, maiden name



(b) the name or names),



(c)) date of birth,



(d) the social security number),



(e) the address of the place of residence),



(f)) the beginning of permanent residence or cancellation date data on the place of

permanent residence or the date of their permanent residence on the territory of the Czech

of the Republic,



g) marital status, date and place of marriage,



(h) the child's social security number); If the child is an alien who does not have an allocated native

number, name, where applicable, the name, surname and date of birth,



I) date, place and County of death,



j) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death or the date on which the data subject declared dead

survivors.



(3) the Ministry of the police of the Czech Republic provides for the exercise of State

management in the field of control of compliance with the conditions for the granting of State

support of the agendového information system data, which are for foreigners



and) surname and maiden name,



(b) the name or names),



(c)) date of birth,



(d) the social security number),



e) citizenship, or more of State citizenship,



(f) the type and address of residence),



(g)) number and permission to stay,



(h) the beginning of the stay, if applicable), the date of their stay,



and, where applicable, names) the name, the surname of the child, if it is a stranger, and his

social security number; in the event that the child has not been assigned a social security number, name,

where appropriate, the name, surname and date of birth,



(j)) of the date, place and County of death,



k) day which was the decision of the Court on the declarations for the dead mentioned

as the day of death or the date on which the data subject declared dead

survivors.



(4) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(5) in considering the application for the advance of the annual State aid under section 11

or, in the case of necessity to complete or repair, is the Ministry of

shall be entitled to ask the Ministry of the Interior, and even the way the electronic

the transmission of data on the comparison of the data of the information system with the data passing



and in the principal registry of the population), and to the extent:



1. last name,



2. the name, or names,



(b)) in the agendovém information system of the population register, and to the extent:



1. last name, maiden name,



2. the name, or names,



3. social security number



4. the date of the beginning of permanent residence and the date of cancellation of the data on the place of the Permanent

stay on the territory of the Czech Republic,



5. the date of death,



(c)) in the information system of the foreigners, and to the extent:



1. last name,



2. the name, or names,



3. social security number



4. the type of stay



5. the date of the beginning of the stay, and the date of their stay on the territory of the Czech

of the Republic,



6. date of death.



(6) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



section 16 of the



State aid repayment



(1) the Ministry saves stavební spořitelna, the obligation to return part of the

where applicable, the total amount paid to the State aid, in the event of a breach

the conditions laid down in this law. The amount of State aid that is stored to the

return to the State budget and the Ministry chooses the recover. The participant is

shall be obliged to return the stavební spořitelna State aid that was

paid in breach of the conditions laid down in this law for the granting of

State aid, in a reasonable time limit, set by the building society.



(2) the Return of State aid must building society no later than two

months from the date of notification of the decision of the Ministry.



(3) save the repayment of State aid referred to in paragraph 1 can be up to 3 years from the

the finding that the conditions for receiving State aid have been violated, not more than

However, within five years from the violation of these terms and conditions.



(4) information for the returned state aid referred to in paragraph 1 shall be processed

for the use of the information system.



Administrative offences



section 16a



Administrative delicts stavební spořitelna



(1) building society has committed misconduct by



and) activity in conflict with banking licences,



(b)) performs some of the activities listed in section 9 (2). 1 yet,

not preferably secured its obligations resulting from the concluded

contracts or the shortening of maturity of loans under building

saving or extending waiting periods on their supply,



(c)) in contravention of section 9 (2). 3 exceeds the amount set for the proportion of the sum of the

target amounts for



1. building society contracts with legal entities, or



2. receivables from loans,
d) stores the funds in contravention of section 9 (2). 4,



(e)) in contravention of section 1 or section 9 (2). 5 gets resources from other than

set operators



(f) issue bonds with maturity) longer than 10 years,



(g)) in contravention of section 9 (2). 6 it has holdings in other than the specified

legal persons,



(h)) in contravention of section 9 (2). 7 of its participation in the legal person exceeds the

limits, or



I) takes a culture thing in contravention of section 9 (2). 8.



(2) building society has committed misconduct by



and) contrary to section 5 (3). 1 do not communicate the content of the Treaty in the future participant

in text form in good time before its conclusion,



b) contrary to section 5 (3). 2 does not provide a loan from building savings

the participant,



c) contrary to section 5 (3). 3 provide the building savings loan to another

purpose than the financing of housing needs,



(d)) to provide funds from the loan from building savings before

the expiration of the waiting period referred to in section 5 (3). 4,



e) contrary to section 5 (3). 6 does not ensure that the



1. the contract should include the interest rate on deposits and the interest rate of the loan

building savings, or



2. the difference between the interest rate on deposits and the interest rate of the loan from

building savings amounted to less than 3 percentage points,



(f)) changes unilaterally the interest rate of the deposit specified in the contract in the

contrary to section 5 (3). 7,



(g)) does not ensure that the contract contained the requirements under section 5 (3). 11,



h) contrary to section 7 of the



1. the SSA or neuveřejní in an appropriate manner, the full text of all

approved the text of the general business conditions in the building society

the breakdown by period of validity, or



2. the full texts of all approved the text of the general terms and conditions

building society uses or publish without their approval

the Ministry, or



I) in contravention of section 11 (1). 2 apply shall be entitled to payment of the advance State

aid or State aid advances credited nepřipíše including interest from the

the advance of State aid on the accounts of the participants within one month from the receipt of the

advances from the Ministry.



(3) building society has committed misconduct by

and) asks for advance payment of State aid for the



a participant who does not comply with the conditions for entitlement to annual advance

State aid referred to in article 4, section 10, paragraph 1. 3 or in section 11 (1). 1,



(b)) does not check whether the participant takes the law on State aid

recorded on his account, under section 13 (3). 1,



(c)) does not check whether the conditions were met for the payment of State aid

the participant, under section 13 (3). 2, or



(d)) in contravention of section 13 (3). 3 return registered or paid State

the support.



(4) in the administrative offence is imposed in the



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 2,



(b)) 20 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b))

(e)), g) and (h)), or to paragraph 3,



c) 50 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

(f)), i) and (j)).



§ (16aa)



Administrative offences of legal persons and natural persons-entrepreneurs



(1) a legal person or a natural person-entrepreneur commits an administrative

tort by



and) contrary to section 3 uses the designation "savings" for any other form of

savings than is provided by this Act, or



(b)) uses the designation "building society", his translations or designation

classes that derive from it in a trade company in contravention of section 3.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 50 0000 0000

CZK.



section 16b



Common provisions in administrative deliktům



(1) when determining the acreage of the fine legal person shall take into account the seriousness of the

infringement, in particular, the way a criminal offence and its

consequences and the circumstances under which it was committed.



(2) liability of legal persons for the infringement shall lapse after

the expiry of 5 years from the date of a criminal offence.



(3) Administrative offenses under section 16a, paragraph. 1 and 2 and § (16aa) paragraph. 1 in the first

the degree of hearing the Czech National Bank. Fines for administrative offences

imposed by the Czech National Bank selects and enforced by the locally competent customs

the Office. Administrative offences of legal persons under section 16a, paragraph. 3 in the first

the degree of hearing Ministry, which also selects and recover the stored

the fine.



(4) 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.



(5) the income from fines is the income of the State budget.



section 16 c



Common provisions



(1) for the provision of, the return and recovery of State aid do not apply

the specific legislation governing infringement of budgetary discipline, if not

unless otherwise provided for in this Act.



(2) in connection with the fulfilment of their tasks under this law are

the Ministry and the building society authorised to conduct the registration process

or collect social security numbers, or a similar registration number,

If it has not been assigned a social security number.



PART III



§ 17



The law of the Czech National Council No. 586/1992 Coll., on income taxes, as amended by

the Czech National Council Act No. 35/1993 Coll., shall be added as follows:



In section 4, the following letter), which read:



"with) interest from deposits of building savings loan, including interest from the State

support under the special law, ^ 4a) are exempt from income tax

natural persons. ".



^ Note 4a) a footnote is added:



"4a) Law No 96/1993 Coll., on building savings and State aid

building savings, and the addition of the CZECH NATIONAL COUNCIL Act No. 586/1992 Coll., on income tax from

income, as amended by law No 35/CNR 1993. ".



PART IV



The provisions of the final



section 18



If otherwise provided for in this law shall apply to the building society

the provisions of Act No. 21/1992 Coll., on banks and the Act of the Czech National Council

No 6/1993 Coll., on the Czech National Bank.



§ 19



This law shall enter into force on 1 January 2005. April 1993.



Uhde v.r.



Havel v.r.



Klaus v.r.



Selected provisions of the novel



Article. (II) Act No. 423/2003 Coll.



Transitional provisions



1. Building society to comply with this act performed

activities not later than 1 year after the date of entry into force of this law.



2. Legal relationships arising before the date of entry into force of this Act, and

the rights and obligations arising therefrom shall be assessed in accordance with the existing

the legislation.



3. entitlement to state aid in accordance with the existing legislation does not

for contracts concluded before the date of entry into force of this law, on which the

participant to 31. December of the year in which this Act acquires the effectiveness,

nepříslušela State aid according to the existing legislation. In

When a participant is entitled under existing State aid

legislation, State aid to him under this Act.



4. Participant, whose contract and legal relations arising therefrom shall be assessed

According to the existing legislation, the amount of the loan or uspořenou

used on residential needs under this Act, he is entitled to State

support existing law shall not be affected.



5. In the case of the abolition of social security numbers for the purposes of this Act, instead of

social security number uses a similar registration number and date of birth

participant.



Article. (II) Act No. 292/2005 Sb.



The transitional provisions of the



The measures referred to in section 11 (1). 2 apply to all participants in the construction

savings, regardless of the date of conclusion of the contract.



Article. (II) Act No. 348/2010 Sb.



cancelled



Article. (II) Act No. 353/2011 Sb.



The transitional provisions of the



The provisions of section 10 of the Act No. 96/1993 Coll., as amended, effective from the date of acquisition

the effectiveness of this law, shall apply to the contract on building savings without

regardless of the date when the contract was concluded. This is without prejudice to the claims of

on State aid arising before the date of entry into force of this Act.



1) § 1 (1). 2 of law No 21/1992 Coll., on banks, as amended by Act No.

264/1992 Sb.



2) § 5 (3). 3 (b). (d) the CZECH NATIONAL COUNCIL Act No.) 576/1990 Coll., on rules

management of the budgetary resources of the Czech Republic and municipalities in the Czech

Republic (Republic budget rules), as amended

regulations.



3) Law No 21/1992 Coll., on banks, as amended.



4) Law No 21/1992 Coll., as amended by Act No 264/1992 Coll., the CZECH NATIONAL COUNCIL Act No.

6/1993 Coll., on the Czech National Bank.



4A) Act No. 40/1993 Coll. on acquisition and dispose of citizenship

The Czech Republic, as amended.



5) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the

amendment to certain acts, as amended.



5A) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.



6) § 3 (b). (b)) Decree No. 137/1998 Coll., on general technical
requirements on construction.



7) § 3 (b). (c)) Decree No. 137/1998 Sb.



8 § 2 (b)). (b)) of the Act No. 72/1994 Coll., to regulate certain

co-ownership to the buildings and some of the ownership to the flats and

non-residential spaces, and complement some of the laws (law on ownership

apartments), as amended.



for example, section 9) 694 of the civil code.



for example, 10) Law No. 26/2000 Coll., on public auctions, as amended by

amended, law No 99/1963 Coll., the code of civil procedure, in

as amended.



10A) Act No. 365/2000 Coll., on public administration and information systems of the

Amendment of certain other acts, as amended by law No. 517/2002 Sb.



10B) § 1 (1). 1 (a). (b)), and (c)) of the Act No. 133/2000 Coll.



§ 8 paragraph 10 c). 1 of Act No. 133/2000 Coll., as amended by Act No. 320/2002

SB.



10 d) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.



10E) Act No. 40/1993 Coll. on acquisition and dispose of citizenship

The Czech Republic, as amended.



10F) of section 1 of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.



11) section 38 of Act No. 21/1992 Coll.