363/1999 Coll.
LAW
of 21 June 1999. December 1999
on insurance and amending certain related laws
(Insurance Act)
Change: 159/2000 Sb.
Change: 316/2001 Sb.
Modified: 12/2002 Sb.
Change: 126/2002 Sb.
Change: 39/2004 Sb.
Change: 39/2004 Coll. (part), 257/2004 Coll.
Change: 39/2004 Coll. (part)
Change: 377/2005 Sb.
Change: 381/2005 Coll., 413/2005 Coll., 444/2005 Sb.
Change: 57/2006 Coll., 70/2006 Sb.
Modified: 296/2007 Sb.
Change: 137/2008 Sb.
Change: 124/2008 Coll., 126/2008 Sb.
Change: 254/2008 Sb.
Change: 198/2009 Sb.
Change: 223/2009 Sb.
Change: 278/2009 Sb.
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
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TITLE I OF THE
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§ 1
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§ 2
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§ 3
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§ 4
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§ 5
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Section 5a
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section 5b
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§ 5 c
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§ 6
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§ 6a
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§ 6b
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§ 6 c
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TITLE II
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§ 7
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§ 8
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§ 8a
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§ 9
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§ 10
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section 10a
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section 10b
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§ 11
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§ 12
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TITLE III
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section 13 of the
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§ 13a
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§ 13b
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§ 14
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§ 15
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section 15a
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section 16 of the
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§ 17
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section 18
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§ 18a
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§ 19
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section 20
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section 21
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§ 21a
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§ 21b
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§ 21 c
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section 22
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Article 23 of the
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section 24
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§ 25
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TITLE IV
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section 26
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Section 26a
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section 26b
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section 26 c
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section 26 d
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section 26e
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section 27 of the
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section 28
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section 29
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section 30
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section 30a
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section 31
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§ 32
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section 32a
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§ 32b
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§ 33
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§ 34
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the title launched
§ 35
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section 35a
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§ 35b
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section 36
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§ 37
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§ 37a
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TITLE V OF THE
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§ 38
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§ 38a
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§ 39
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§ 39a
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section 39b
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section 40
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TITLE VI OF THE
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§ 41
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§ 42
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§ 43
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PART TWO
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§ 44
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§ 45
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PART THREE
Amendment of the Act No. 368/1992 Coll., on administrative fees, as amended by
amended
§ 46
The annex to the Act No 368/1992 Coll., on administrative fees, as amended by
Act No. 305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll.,
Act No. 167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll.,
Act No. 167/1999 Coll., Act No. 222/1999 Coll., Act No. 326/1999 Coll.
Act No. 349/1999 Coll., Act No. 359/1999 Coll. and Act No. 360/1999
Coll., is amended as follows:
In the 64 letters and) and (b)):
") use the application for an authorisation to engage in insurance
or $ 50000.0-reinsurance activities
(b) the submission of an application)
-insurance provider registration as an insurance
or reinsurance broker £ 20000.0-
-to grant consent to the acquisition of shareholdings in an insurance company $ 20000.0-
-approval of the transfer of the insurance portfolio of $ 20000.0-
-for approval of a plan merger, amalgamation, Division or transformation
insurance or reinsurance undertakings, except where the distribution of insurance companies
operating in parallel, life and non-life insurance Czk 20000.0-
-about the approval of the General conditions of insurance policies or
their $ 20000.0-changes ".
§ 47
For fees payable before the effective date of this Act shall be valid so far
regulations.
PART FOUR
Amendment of Act No. 48/1997 Coll., on public health insurance and amending
some related laws, as amended
§ 48
In § 61 of Act No. 48/1997 Coll., on public health insurance and amending
some related laws, as amended by Act No. 242/1997 Coll., Act
No. 2/1998 Coll. and Act No. 125/1998 Coll., the words "31. December 1999 "
shall be replaced by ' 31. December 2000 ".
PART FIVE
Amendment of the Act No. 593/1992 Coll., on reserves for the determination of the tax base of the
income, as amended
§ 49
Act No. 593/1992 Coll., on reserves for the findings of the corporate tax base,
as amended by Act No 157/1993 Coll., Act No. 323/1993 Coll., Act No.
244/1994 Coll., Act No. 132/1995 Coll., Act No. 209/1997 Coll. and act
No 333/1998 Coll., is amended as follows:
1. In paragraph 6, the words "unearned premiums ^ 9)" shall be replaced by
"unearned premiums" ^ 9) ". Footnote 8) is repealed and the
footnote No. 9) and 11) are added:
9) § 13 para. 2 (a). and) and § 13 para. 3 (b). a) of Act No. 363/1999 Coll.
11) § 13 para. 2 of Act No. 363/1999 Coll. ".
2. in paragraph 6 of the letter a) including footnote # 7) and 10) is added:
"non-life insurance reserves) ^ 10) at a level which shall not exceed
the volume of commitments calculated according to the methods laid down in a special legal
Regulation, ^ 7)
7) Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act).
10) § 13 para. 3 of Act No. 363/1999 Coll. ".
PART SIX
Amendment of Act No. 455/1991 Coll., on trades (trade licensing
Act), as amended
§ 50
In section 3, paragraph 3. 3 (b). a) of Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by Act No. 234/1992 Coll., Act
No 591/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act
No 38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act
No 200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act
No 94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act
No. 19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll. and act
No. 359/1999 Coll., the words "insurance companies", the words "of reinsurance undertakings,
insurance agents, brokers, and insurance and reinsurance
responsible of Actuaries, ^ 12) ".
12) Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act). ".
PART SEVEN
The EFFECTIVENESS of the
§ 51
This Act shall take effect on 1 January 2000. April 2000, in addition to the provisions of § 48,
which shall take effect on 31 December. December 20, 1999.
Klaus r.
Havel, v. r.
Zeman in r.
Annex 1
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Annex 2
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Selected provisions of the novel
Article II of Act No. 316/2001 Sb.
Transitional provision
Decision of the Ministry, introducing a receivership in the insurance business
or the reinsurance undertaking and who was not at the time of entry into force of this
the legal force of law, will be governed by the existing legislation.
Article II of law No 39/2004 Sb.
Common and transitional provisions
1. where in a special law shall require the approval of the
General insurance terms, this means checking the insurance
the conditions pursuant to section 8 (2). 9 of Act No. 363/1999 Coll., on insurance, and about
changes to some related laws (Act on insurance), as amended by
of this Act, (hereinafter referred to as "the Act").
2. If, in the specific legislation lays down the obligation to take out
the insurance contract with an insurance company that was the Ministry of finance
authorisation to engage in insurance activities, such
insurance company insurance company authorized under this Act to operate
insurance business in the territory of the Czech Republic.
3. where, under the existing legislation granted permission to
the operation of the insurance or reinsurance activities or activities
insurance or reinsurance broker according to classes of insurance, the
which occurred under this Act, the Ministry of finance
required within 3 months from the date of entry into force of this Act, the permit
Edit in accordance with the conditions laid down in this law.
4. where the law requires the indication of the place of residence of the physical
the person then in the case of citizens who are not nationals of the Czech
States, shall indicate the address of permanent or temporary residence on the territory
The United States, if the person has obtained a residence permit on this
territory. Otherwise, it shows the address of the place of residence abroad. If this is
a natural person who is an entrepreneur, the address space
business.
5. the provisions of § 9 para. 1, as amended by this Act, the domestic
an insurance undertaking which has been granted an authorisation to engage in insurance
activities before the entry into force of this Act, does not apply.
6. National insurance company is required to do pursuant to section 22(2). 2 of this
the Act of 1 July. January 2005; If it is to be working this insurance
extended to the territory of another Member State, the national insurance company
obliged to fulfil these conditions not later than the date of notification of the Ministry of
finance this expansion of activities under section 10, paragraph 1. 2 of this Act.
The Ministry of finance is entitled on written application by the domestic
the insurance company may extend the deadline referred to in the first sentence, in the case of operation
insurance activities according to the classes of insurance to non-life insurance
to 5. in March 2007, and in the case of the operation of insurance activities according to the
insurance life insurance up to 5. March 2009, if
There is no disruption to the financial stability of insurance companies.
section 39 of Act No. 377/2005 Sb.
Transitional provision
The insurance company is obliged to create a list pursuant to § 21 c of Act No. 363/1999
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 Act.
Article. (IX) Act No. 57/2006 Sb.
Transitional provisions
1. the scope of the Ministry of Finance (hereinafter referred to as "the Ministry")
arising from Act No. 363/1999 Coll., on insurance and amending
certain related acts (the Insurance Act), as amended by
effective until the date of entry into force of this Act (hereinafter referred to as "the existing
the text of the law on insurance ") passes on the day of entry into force of this
the Act on the Czech National Bank.
2. the staff of the Ministry of the classification to work in your organization
the Office of the Department of supervision of insurance and supplementary pension insurance
to the effective date of this Act, become employees of the Czech
the National Bank. The rights and obligations of the employment relationships of these
employees are switching from the Department of the Czech National Bank.
3. the right of management of the property owned by the United States with
the exception of real estate, which were on the date of entry into force of this
the law Ministry and the competent stewardship that is required for the performance of
the Czech National Bank supervision in the field of insurance, shall expire on the date of
entry into force of this Act. This property becomes the date of application
the effectiveness of this law, the property of the Czech National Bank and the obligations
related to these assets become the effective date of this
Act commitments of the Czech National Bank. The details of the agreement between the
The Czech National Bank and the Ministry.
4. the decrees issued by the Ministry on the basis of the current text of the Act
insurance shall be deemed to decrees issued by the Czech National Bank on the
pursuant to Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), in the version in force from the date of
entry into force of this Act, except that, where the Decree talks
about the Ministry, it is understood by the Czech National Bank and, where these
the Decree talks about the supervision or the supervision of the State, this means surveillance.
5. the lists kept by the Ministry in accordance with the current legislation leads from
the effective date of this Act, the Czech National Bank.
6. The fact that the Ministry announced to the effective date of this
the law in the financial newsletter in accordance with § 13 para. 7, § 26 para. 3 (b).
Section 26a), para. 3, § 31 para. 2, § 33 para. 6 and § 39a para. 4
of the earlier version of the law on insurance, remain in force. Czech
the National Bank shall be entitled to cancel the official notices of the Czech national
Bank by the journal of the Czech National Bank.
7. the decision in administrative procedure, issued by the Ministry prior to the date of acquisition
the effectiveness of this Act shall be construed as a decision issued by the Czech national
the Bank and the rights and obligations arising from these decisions are not
without prejudice to the. If such a decision was fined that
has not been paid, when you select and the recovery is progressing according
Law No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), in the version in force from the date of
entry into force of this Act. If the decision of the Ministry before
effect of this Act repealed and the case returned for reconsideration,
it appropriate the Czech National Bank, which shall act in accordance with the existing
of the legislation.
8. the proceedings initiated by the Department and before the effective date of
This law will complete the Czech National Bank according to the existing legal
editing. If a fine is imposed in such proceedings, when it is selecting and
enforcement of the process according to Act No. 363/1999 Coll., on insurance and
amending certain related laws (law on insurance), in
the version in force from the date of entry into force of this Act.
9. If before the date of entry into force of this Act, the decision
the Ministry, which has been filed, the Bank shall decide on the
the Council of the Czech National Bank pursuant to the existing legislation. If the Bank
such a decision, the Council will cancel and thing return for reconsideration,
This new discussion of relevant Czech National Bank, which will decide
According to the existing legislation. Management and recovery in review
regarding these decisions shall be decided by the date of entry into force of this
the Czech National Bank Act according to the existing legislation.
10. The effective date of this Act shall become the Czech National Bank
instead of the Ministry or a State party to the proceedings, in which he performs
as a participant in the Ministry or in which the Ministry is acting for
State in connection with the exercise of State supervision over the operation of
the insurance and reinsurance activities. Financial commitments based on the
such control arise, the Czech National Bank, will pay the State. This is true even
for commitments incurred by the Czech National Bank as a result of proceedings
instituted after the date of entry into force of this Act and relating to the
activities of the Ministry in accordance with the existing legislation.
11. On the date of entry into force of this Act shall terminate immediately the power of attorney granted by the
the Ministry in connection with the exercise of State supervision over the operation of
the insurance and reinsurance activities.
12. the obligation of professional secrecy pursuant to existing persons legislation
This Act is not affected.
13. Time limit that began running before the date of entry into force of this Act
According to the existing legislation, are not affected by this Act.
14. an undertaking from a third State shall within 2 months from the date of acquisition
the effectiveness of this Bill change the linking of the assets in the account pursuant to § 8 para.
4 (b). f) of Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), in the version in force from the date of
entry into force of this Act, from the Ministry for the benefit of the United
the National Bank.
15. A person entered in the list of Actuaries held responsible
the Ministry before the date of entry into force of this Act shall demonstrate the United
the National Bank a certificate of qualification and competence to perform
functions of the responsible actuary within 2 years from the date of acquisition
the effectiveness of this Act. The mere lapse of the time limit under the first sentence of the Czech
the National Bank of that person from the list of responsible of Actuaries
shall withdraw.
section 18 of Act No. 198/2009 Sb.
Transitional provision
The Ministry of Finance on the basis of the information referred to in section 13a para. 3 of Act No.
363/1999 Coll., on insurance and amending certain related laws
(Insurance Act), as amended, obtained
First, on 1 January 1993. April 2012, examine the lawfulness of the use of
the diversity of sex as a determining factor in determining the amount of the difference
differences in the calculation of premiums and claims and the results of this
the review shall notify the Commission of the European communities not later than 21.
December 2012.
Article. XXVII law No 223/2009 Sb.
Transitional provision
The proceedings initiated before the date of entry into force of this law, and to this
the day the unfinished completes and the rights and obligations related to
assessed according to the existing legislation.
Directive of the European Parliament and of the Council 2002/83/EC of 5 July 2004. November
2002 concerning life insurance.
8) § 66a and 66b commercial code.
11A) § 2 (b). f) of Act No. 377/2005 Sb.
12A) § 16 para. 3 of Act No. 37/2004 Coll., on insurance contracts and amending
related laws (law on insurance contracts).
