On Insurance And Amending Certain Related Laws

Original Language Title: o pojišťovnictví a o změně některých souvisejících zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=48279&nr=363~2F1999~20Sb.&ft=txt

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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§ 10



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section 10a



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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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section 18



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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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§ 21 c



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section 22



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Article 23 of the



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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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TITLE V OF THE



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TITLE VI OF THE



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PART TWO



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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).