On Commodity Exchanges

Original Language Title: o komoditních burzách

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39945&nr=229~2F1992~20Sb.&ft=txt

229/1992 Coll.



LAW



of 23 December 2003. April 1992



on commodity exchanges



Change: 216/1994 Coll.



Change: 105/1995 Sb.



Change: 70/2000 Sb.



Change: 285/2005 Sb.



Change: 444/2005 Sb.



Modified: 296/2007 Sb.



Change: 230/2008 Sb.



Change: 227/2009 Sb.



Change: 247/2007 Sb.



Change: 420/2011 Sb.



Change: 407/2009 Sb.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



PART THE FIRST



BASIC PROVISIONS



§ 1



Commodities exchange



(1) a commodity exchange is a legal person established under this Act

(hereinafter referred to as "change") to the organisation of stock exchange trades the goods (hereinafter

"commodities"), derivatives relating to commodities, that are

the subject of trading on the stock exchange (hereinafter referred to as "commodity derivatives"), provided

they are not investment instrument under a special legal regulation ^ 1)

or with the agricultural accounts are a leaf under a special legal

prescription ^ 1a).



(2) the Change is responsible for the breach of its obligations with all its assets.

Members of the Exchange, who are required to deposit or pay a Member

the post is liable for the obligations of the Exchange in the amount of their capital contribution,

where applicable, up to the amount of non-refundable membership fee. The next range

liability of members of the Exchange, who are required to pay a membership fee, you may

to determine the status of the stock exchange (hereinafter referred to as the "Statute").



(3) any profit from the activity of the stock market for its duration cannot be divided

among the founders of or other members of the stock exchange and may be used only to ensure the

further development of the stock market.



(4) a person other than the stock market established under this Act may, in its

company, name, designation of the services rendered or in any

the context of its use or the use of the designation "commodity

change "or other indication from these words derived or

interchangeable, or such a designation that gives the impression that it is a

the activity of the stock market.



(5) the designation "stock" can be used



and in the context of the activities) of persons entitled to mediation

stock trades,



(b)) to indicate that the products and services designed exclusively for technical

support the activities of the exchanges or in direct connection with it and to indicate to the

information, reports and publications on the activities of stock exchanges.



(6) Exchange leads accounts according to the legislation governing

accounting for entrepreneurs.



§ 2



Stock trades



(1) a stock trade is the buying and selling of commodities and commodity

derivatives that are not investment instrument under a special legal

Regulation ^ 1), the persons authorized to stock the stores agreed to

the stock exchange in rooms and hours specified for the stock Assembly

or even outside the stock exchange, under the conditions specified by law and statute,

If the price of the transaction is recorded by the competent authority of the Exchange.



(2) a stock trade are also ancillary trades concluded on the stock exchange, which

related to the commodities sold on the stock market, in particular in the insurance contract,

the contract of storage, a contract of carriage of the case and the forwarding contract.



PART TWO



THE FOUNDING AND THE FORMATION OF THE STOCK MARKET



§ 3



The establishment of the stock exchange



(1) Change is determined by the memorandum.



(2) the articles of association must be surrounded by at least three founders.

The signatures of the founders must be officially verified.



(3) the articles of the Treaty provides:



and the founders of the indication of the) determination of the trade name or the name or names and

last name, registered office for legal persons, natural persons resident, and

business,



(b)), which must contain the name of the designation "commodities exchange" or the word

"change" in connection with the subject of exchange deals,



(c)) the seat of the Exchange,



d) subject and type of stock trades,



e) type and amount of deposits of the founders, of which will be reimbursed

the operation of the Exchange,



(f) the method of securing funds to) towards the cost of the first year of operation

the Exchange,



(g) a statement of agreement) of the draft statute,



(h) a statement whether the founders) have agreed on the establishment of the arbitral tribunal

acting at the stock exchange (the "Exchange Arbitration Court") and its

the order,



I) name, surname and residence of the first members of the Stock Exchange Chamber, which

otherwise, it is for the selection of members to the general meeting of the stock exchange (§ 10 par. 3).



(4) the draft statute annexed to the memorandum.



§ 4



The Statute of the



(1) the Statute provides:



and the names and registered offices of the stock exchange),



(b) the definition of the subject matter and the type of) stock trades,



(c)) the conditions for the further membership in the stock market and visiting

stock Assembly,



(d)) by instantiating the rights and obligations of members of the Exchange, e) specifying the persons

authorized to stock stores, exclusion of these persons from the

stock trades, including specifying the rights and obligations of such persons,



(f)) for detailed steps on the appointment and dismissal of the persons authorized to

brokerage stock trades pursuant to § 29 (hereinafter referred to as "the stock

a conciliator ") and their remuneration; the conditions under which a person may

legitimate mediation of stock exchange trades pursuant to § 23 para. 3

(hereinafter referred to as "the private of a conciliator") on the Stock Exchange Act; the conditions under which they are

the stock exchange of a conciliator and a conciliator (hereinafter referred to as "dealers") are entitled to

to conclude the stock trades on its behalf,



g) determine how the members of the stock exchange involved in the securing of loads

on the operation of the stock exchange and, where appropriate, the extent of their liability for the obligations of the Exchange above

the extent provided for by law,



(h) the adjustment scope of authorities) more detailed exchanges and the number of members of the stock exchange

the Chamber,



I) the way in which lays down the rules for the conclusion of contracts, which are

stock trades, brokering and meeting (hereinafter referred to as

"the stock exchange rules"),



j) method of determining rates and publishing



to the management of the property of) the rules of the Exchange,



l) more detailed rules for review of the decision of the Stock Exchange Chamber

by the general meeting, for the adoption of the decision to cancel the stock market and how to

its liquidation, including the method of distribution of liquidation value.



(2) the Exchange shall publish, not later than 30 days from the date of its formation the Statute and

order of the trading session of the arbitral tribunal, if it is established, in a manner allowing

remote access and make it available for inspection at its head office.



The State's authorization



§ 5



(1) for the operation of the stock exchange should be the State's authorization ("authorization")

The Ministry of industry and trade or the Ministry of agriculture in

areas of responsibility ^ 13) (hereinafter referred to as "the competent authority of the State

the Administration ").



(2) the competent authority of the State administration shall grant authorisation for the operation of the stock exchange on the

the request of the founders of the stock exchange before the date of its registration in the commercial

the index, which after the establishment of the stock exchange passes at her, and under the conditions that



and founders)



1. take at least three years,



2. they are not or were not members of the Exchange, which has been in the preceding 5

years before the date of submission of the application withdrawn authorisation for any reason other than to

the request of the stock exchange,



3. a person who has been in the preceding 5 years before the date of

submission of a request under this Act for failure to perform obligations repeatedly

sanctioned,



4. persons connected according to the commercial code,



5. the date of the application in the register of taxes on Financial institutions

administration of the United States nor the authorities of the customs administration of the Czech Republic recorded

outstanding balance,



6. on the date of submission of the application do not have arrears on premiums and on periodic penalty payments on

public health insurance, premiums and arrears on interest note on

social security and the contribution to the State employment policy,



7. are the persons whose property has been in the preceding 5 years

before the date of submission of the application is declared bankrupt or rejected the proposal on the

a declaration of bankruptcy for lack of their property or cancelled the audition

for lack of their property or compensation allowed under the law on

bankruptcy and settlement,



8. the persons for which they are not in the previous 5 years before the date of

submission of the application, it was decided about their bankruptcy or insolvency was

the proposal should be rejected for lack of assets of the debtor or bankrupt was cancelled

for lack of a debtor's assets by the Insolvency Act, and



9. the persons for which they are not in the previous 5 years before the date of

submission of the application are kept at the Court or another competent to do so

a public authority under the law of another State insolvency,

bankruptcy or other similar proceedings and decision has been given with the same

or equivalent, what their decisions according to the legal order of the Czech

Republic, referred to in section 7 or 8,



(b)), if the founders are natural persons,



1. integrity and



2. they were in the previous 5 years before the date of submission of the application

a statutory body or a member of the statutory body of the legal person

or were involved in any of the comparable functions in a legal entity,



AA) on whose property was in the previous 5 years before the date of submission of the

the application is declared bankrupt or rejected the proposal for the Declaration of bankruptcy

of the assets of the debtor or canceled for lack of Audition

the debtor's property or allowed to settle under the Bankruptcy Act and

the settlement,



BB) for which in the preceding 5 years before the date of submission of the application has been

decided on its bankruptcy or insolvency petition was rejected for

lack of assets of the debtor or bankrupt was canceled for lack of

the debtor's assets by the Insolvency Act,



CC) for which in the preceding 5 years before the date of submission of the application has been


conducted at the Court or another to a competent public authority

under the law of another State of insolvency, bankruptcy, or other

like proceedings and decision has been given with the same or similar

the effects of what their decisions according to the legal order of the Czech Republic,

referred to in point (aa)) or bb),



c) founders, showing that change will have on the date of commencement of service

sufficient financial, material, personnel and organizational prerequisites

for the operation of the stock market due to the anticipated scope of the activities and

the focus of the Exchange.



(3) in addition to the General requirements for filing applications, the founders shall bring



and the names and registered offices of the stock exchange),



(b)) and the type of stock object stores to be on the stock exchange

operated,



(c)) other contact information of the founders, in particular data identifier

mailbox, e-mail address and telephone number.



(4) an application for the grant of authorisation signed by all the founders and connects to the

These papers



and by contract)



(b)) the Statute,



(c)) of the order of the Tribunal, if the stock is to be set up at the stock exchange,



d) confirmation not older than 3 months, they do not have records of taxes with the authorities

The financial administration of the United States nor the authorities of the customs administration of the Czech Republic

recorded an outstanding balance,



e) ^ 15) confirmation of the absence of arrears on premiums and on periodic penalty payments on

public health insurance, not older than 3 months,



f) confirmation of ^ 16) about the absence of arrears on premiums and on periodic penalty payments on

social security contributions to the State employment policy, not

older than 3 months,



g) documents proving the financial, material, personnel and organizational

prerequisites for operation of the stock exchange referred to in paragraph 2 (a). (c)), and in particular



1. annual reports or financial statements or reports on income,

expenses, assets and liabilities of the founders for the 3 immediately

the previous financial year or equivalent document for foreign people,



2. the plan of business exchanges, based on the real economic

calculations,



3. the proposal for the technical activities of the Exchange, security



4. the design of the organizational structure of the stock exchange, and the number of

the staff who will ensure the individual activities of the Exchange,



(h)) if it is a foreign person, the documents referred to in section 5a paragraph 2. 3.



(5) the authorisation should also be a proposal to change the name of the Exchange, of the Statute, regulations

trading session of the arbitral tribunal and to become a member of the Exchange, with the exception of

Member of the Stock Exchange under § 17 para. 1 (b). (b)), or are the changes or the creation of

membership invalid. To change the name of the application for authorisation or of the Statute change

be accompanied by a General Assembly resolution on the amendment of the Statute and the new wording of the Statute. To

requests for permission changes the order of the arbitral tribunal shall be accompanied by a stock exchange

General Assembly resolution on the amendment of the order of the Court of arbitration and the new stock exchange

the text of the order of the trading session of the arbitral tribunal. The application for authorisation of developing

Stock Exchange membership shall be accompanied by the adoption of the decision of the Stock Exchange Chamber

Member of the stock exchange and the documents referred to in paragraph 4 (b). (d)), e), (f)), and (h)).



(6) the Exchange may, under the conditions stipulated by special legislation

to organize and operate the regulated market of the multilateral trading system

under a special legal regulation with the commodity derivatives that are

the investment facility under a special legal regulation ^ 1).



Section 5a



(1) for integrity, for the purposes of this Act, a person who is not considered to

has been finally convicted of an offence committed intentionally, if the

This crime was committed in connection with business or with the subject

and the type of stock exchange trades, which are to be operated on the stock market, if

It does not look as if he has not been convicted ^ 17).



(2) in the case of a legal entity must be a condition of good repute in accordance with paragraph 1

meet a person who is



and) the statutory body or a member of a stock exchange,



(b) the head of the stock exchange),



(c) the Director General of the stock exchange) or another employee with comparable

scope.



(3) the integrity of the certifying statement of criminal records.

The competent authority of the State administration in order to support integrity's requests

under special legislation ^ 18) extract from the register Index

the sentencing guidelines. An application for a statement of convictions and an extract from the

criminal records to be transmitted in electronic form,

manner allowing remote access. A natural person who is not a

a citizen of the United States, evidenced by the integrity of the statement of evidence of similar

The criminal record issued by the State of which a citizen is a natural person, as well as

(I) documents issued by the States, in which more than 3 months continuously

During her stay in the preceding 3 years. Statements that show the integrity

must not be older than 3 months. Documents drawn up in a foreign language,

the competent authority of the State administration shall be submitted in the original text and

at the same time in an officially certified translation into the Czech language.



(4) to be the founder or a member of the stock exchange, legal entity, must

be impeachable. For integrity, for the purposes of this Act, shall not be considered

a legal entity that has been convicted for an intentional criminal act, if

It does not look as if he has not been convicted.



(5) in order to demonstrate the integrity of legal persons, the competent authority

the State Government will require by a special legal regulation ^ 18) an extract from the

criminal records. Request to issue the statement of record

an extract from the criminal record, criminal records are to be transmitted in electronic

form, in a manner allowing remote access. In the case that

legal person does not have a registered office in the territory of the Czech Republic, shall submit an extract from the

criminal record or corresponding document issued by the competent

authority of the State in which it has its registered office.



§ 6



(1) the competent authority of the State Administration does not grant authorization if:



and fails to comply with any of the founders) the conditions laid down in § 5 para. 2,



(b) the Exchange or the name) the proposed designation of the trading session of the arbitral tribunal

are likely to cause a risk of confusion or false idea, or

in a different way can affect the credibility of the Exchange, or stock

the Arbitration Court,



(c) a statute or order stock) of the arbitral tribunal is contrary to the legal

regulations, or



(d)), the proposed type of stock market trade could threaten the fundamental

the raw materials with which to be traded on the stock exchange.



(2) the competent authority of the State administration may permit to operate a stock exchange

decide that the Statute contains an adjustment is to depart from section 20 (2). 1, section 21

paragraph. 1 (b). (b)), § 23 para. 1 and section 27 para. 3 to 5 of the Act, if the

otherwise prevent or substantially impeded by the possibility of connecting to Exchange

international organizations makes the commodities exchanges, for which

the stock market is based; However, this adjustment cannot be enabled if the

limited by the performance of the State and oversee the activities of the conciliators. The founders of the

the proposal shall be on such derogation in the application for authorisation and

the circumstances relevant for the assessment demonstrates its use. On

the granting of a permit according to this provision is not a legal right. Enable

the competent authority may withdraw the State administration, if the change in the time limit

It laid down when issuing the permit does not become a member of those international

organisation of exchanges.



§ 7



(1) the competent authority of the State administration decides on the application for authorisation within 60

days from the date of its delivery.



(2) the decision by which the permit is issued, the competent authority of the State

name and address of management of the Exchange, the subject and the sort of deals that may be on the

the stock market closed. Part of the authorisation of the operative part of the Statute, and the approval

If it is set up, and the order of the trading session of the arbitral tribunal.



§ 8



Registration in the commercial register



(1) a Change to a date of registration in the commercial register. The application for registration

in the commercial register shall be signed by all the founders of the stock exchange. Signatures

the founders must be officially verified.



(2) shall be entered in the commercial register:



and the names and registered offices of the stock exchange),



(b) the person's identification number provided) by the administrator of the basic registry

people ^ 3b),



(c) the business name or name) or the name and surname and address or

residence of the founders, including the amount of their deposits and the extent of their liability

for the obligations of the Exchange, where their liability under the Statute of the higher than

provided by law,



(d)) name, surname and residence of the person or persons who are members of the

the statutory body of the stock exchange, with an indication of the way they act and

sign up for the stock exchange,



(e)) the subject and the types of stock trades by authorisation,



(f) the business name or name) or the name and surname and address or

of residence of the members pursuant to § 17 para. 1 (b). (b)), and (c)).



(3) the application for registration in the commercial register shall be accompanied by:



and) authorization,



(b) the articles of Association),



(c)) the Statute,



(d)) of the order of the Court of arbitration is a stock, if established,.



(e) proof of appointment) one third of the members of the Stock Exchange Chamber by the competent

by a government authority.



(4) the request for the registration in the commercial register shall be made without

undue delay, but not later than 90 days from the date of acquisition of legal

can enable, otherwise the rights and obligations of the permits will become void. The rights and

the obligations from the permit shall expire on the date of acquisition is also the decision,

which the Court of an application for registration in the commercial register.



§ 8a



The operation of the Exchange



(1) a Change is required to:



and organize properly and continuously) the stock trades in the range a granted

the authorization,




(b)) to keep a list of people for the stock exchange operate and have access

to information concerning the activities of the Exchange, which is covered by

the requirement of confidentiality,



c) periodically check whether they are members of the Exchange, dealers and other persons

entitled to stock stores, met obligations to them under this

by law, the statutes and internal rules of the Exchange,



(d)), exclude the Member of the Exchange, with the exception of a member of the Stock Exchange under § 17 para. 1

(a). (b)), which no longer meets the conditions referred to in § 5 para. 2 (a).

a) and b), not later than 30 days from the date when the change became aware that the

the stock market has ceased to comply with the terms and conditions; the power of the stock exchange to the exclusion of a member of the stock exchange

pursuant to section 19 para. 2 this does not affect,



e) save the collection of documents incorporation of statute and

publish the valid text of the Statute and the order of the Court of arbitration, a stock

If it is established, not later than 30 days from the date of acquisition of legal power

permission of their changes, in a manner allowing remote access and

make them available for inspection at its head office,



(f)) properly secure the action of a stock of the arbitral tribunal, if it is

set up,



g) handle the annual report on the activities of the Exchange not later than 3 months after the

the end of the previous calendar year, disclose it by

6 months after the end of the previous calendar year way

allowing remote access and make it available at its headquarters to

inspection.



(2) the annual report on the activities of the Exchange include at least:



and information on the development of performance), and the existing economic activities

the status of the Exchange,



(b) a list of the members of the stock exchange)



(c) a description of the organizational structure of the stock exchange),



(d)) list of activities with which it changes mandated by a third person,



e) enumeration and the volume actually traded commodities and commodity derivatives

on the stock market and the number of days of stock,



(f)) and the list of private stock conciliators,



g) financial statements, auditor's report, and, where appropriate, the additional data referred to in

special legal regulation ^ 19),



h) information on the activities of stock of the arbitral tribunal, if it is set up.



PART THREE



AUTHORITIES AND INTERNAL RATIOS OF STOCK MARKET



§ 9



The stock market authorities



(1) the authorities of the Exchange are:



and) the General Assembly,



(b) the Stock Exchange Chamber).



(2) the Statute may be set up consultative bodies of the Exchange.



§ 10



The general meeting of



(1) the highest authority of the Exchange is the general meeting, which shall consist of all

the members of the stock exchange (section 17).



(2) the general meeting, a quorum is present by an absolute

most of the members of the stock exchange and at the same time, by an absolute majority of the members of the stock exchange

appointed by the competent authority of the State administration. To the adoption of a resolution is

needs the approval by an absolute majority of the members present of the Exchange

entitled to vote, if required by this law or the Statute of the

acting by a qualified majority. Each Member has one vote. The vote, however, cannot

a member which is in arrears with the payment of the membership fee.



(3) the exclusive competence of the general meeting are:



and) elect and dismiss the statute specified the number of members of the Stock Exchange Chamber,



(b) adopt a resolution on the changes) of the Statute and the order of the Court of arbitration, a stock



(c) cancel the Exchange and specify) person of a liquidator,



(d)) at the request of the persons concerned to review the decision of the Stock Exchange Chamber and

Chairman of the Stock Exchange Chamber under the conditions imposed by the Statute, with the exception of

decision pursuant to section 22 paragraph 1. 2,



e) quorum is on other matters designated by the Statute.



(4) the resolution on the amendment of the Statute and regulations of the arbitral tribunal and the stock market

the cancellation of the stock exchange needs the approval of three-fifths of all the members of the Exchange.



(5) the rules for the convening and conduct of the general meeting determines the Statute.



The Stock Exchange Chamber



§ 11



(1) the Stock Exchange Chamber is the statutory and governing body of the Exchange.

Unless the Statute of the something else is acting for the President of the stock exchange

Chamber. The Stock Exchange Chamber members who undertake to Exchange, and the way in which

so, to be entered into the commercial register.



(2) the Stock Exchange Chamber must have at least three members. Members of the Stock Exchange Chamber

two-thirds are elected and dismissed by the general meeting and from one

one third of appointed and dismissed by the competent authority of the State administration. A member of the

the Stock Exchange Chamber cannot be elected or appointed to the worker of the Central

authority of the State administration of the Czech Republic.



(3) the members of the Stock Exchange Chamber are elected or appointed for a period of time specified

in the Statute, but no longer than for a period of four years. Unless the Statute provides otherwise,

Members may be elected and appointed to be reused.



(4) a member of the Stock Exchange Chamber can be only a natural person 21 years or older,

that your personal qualities and professional competence guarantees proper

the performance of the function. A member of the Stock Exchange Chamber can only be a member of the Exchange. In the case of

a member of the Exchange, which is a legal person may be a member of the stock exchange

the Chamber only a natural person who is a statutory body or a member of the

the statutory body of the legal person.



(5) a member of the Stock Exchange Chamber can resign, but is obliged to

tell the body that it has selected or appointed. This authority shall

resignation to discuss, within three months after his resignation

It was announced. The performance of the functions of a member of the Stock Exchange Chamber ends on the date when

the withdrawal has been examined or had discussed the body that it has selected or

his name was.



(6) the rules on the election of members of the Stock Exchange Chamber, where appropriate, the additional requirements and

the conditions for membership in the Stock Exchange Chamber shall be determined by the Statute.



§ 12



(1) the Stock Exchange Chamber decides on all matters of the Exchange, if there are

vested in the general meeting by law or statute. Each Member of the

the Stock Exchange Chamber has one vote.



(2) the powers of the Stock Exchange Chamber includes:



and to decide on the adoption and) exclusion of members of the Exchange,



(b) to propose to the general meeting) amendment of the Statute and regulations of stock of the arbitration

the Court, the abolition of Exchange and person of a liquidator,



(c) to decide on the use of property) of the Exchange,



(d)) in accordance with the Statute determine the place and time of holding stock

the Assembly,



e) specify the conditions under which tickets may be issued on the stock market

the Assembly,



(f) to take measures for the conservation of) fine on a stock Assembly and

fairness of stock exchange trades (section 25),



g) suggest a stock market rules and determine the way of registration of stock exchange

shops,



(h)) to appoint or remove a Commissioner, with the approval of a stock exchange (section 33)

the stock exchange of a conciliator and to exercise supervision over them, i) prohibiting a member of the stock exchange

visit the stock Assembly (§ 20) for the reasons and under the conditions specified

the Statute,



j) authorization of private conciliators (§ 23 para. 3) on the stock exchange,



to pause trading in) the conditions imposed by the Statute,



l) determine and publish rates of commodities and commodity derivatives,



m) elect and dismiss members of the Stock Exchange committees, the Chairman of the Stock Exchange Chamber

and General Secretary of the Exchange, members of the Bureau of stock

the Court of arbitration and appoint a Secretary of the Stock Exchange Arbitration Court and

his representative,



n) to issue detailed rules (orders) for the individual areas of your

the scope of the defined in the Statute,



a quorum is the stock market) rules



p) to decide on the amount and due date of contributions and

entrance fees,



q) fix the amount of the stock exchange fees



r) other matters assigned to it by statute.



(3) the Statute may determine which of the competencies listed in the Stock Exchange Chamber,

paragraph 2 (a). (d)), e), (f)), k) and (l)), within the scope of the treaties confer on the President

the Stock Exchange Chamber or General Secretary of the Exchange.



section 13 of the



Meeting of the Stock Exchange Chamber



(1) the Stock Exchange Chamber may sit, if the majority

the Stock Exchange Chamber members elected by the general meeting as well as an absolute majority

members appointed by the competent national authority. A decision is needed

consent by an absolute majority of the votes of the members present.



(2) in the election and dismissal of the Chairman of the Stock Exchange Chamber, the

the Secretary of the Exchange, in approving the design of stock exchange rules and

deciding on protests against the decision of the Stock Exchange committees or

Chairman of the Stock Exchange Chamber relating to the permission to trade on the stock exchange

or stock trades, as well as in other cases, if so, determines the

the Statute, it is necessary the presence of two thirds of the members elected by the general meeting

and appointed by the competent State authority and a decision is needed

the consent of two thirds of the members present.



(3) in a tie, the Chairperson's casting vote.



(4) the rules for the convening and conduct of meetings of the Stock Exchange Chamber determines

the Statute.



§ 14



The Stock Exchange committees



(1) the Stock Exchange Chamber may set up to pursue the activities referred to in section 12 of the

paragraph. 2 (a). (b)), and (d)) to l) Stock Exchange committees.



(2) Stock Exchange committees may be permanent or temporary. Rules of conduct

Stock Exchange committees determined status.



(3) the Stock Exchange committees are composed of members of the Stock Exchange Chamber and from the experts

in a given area. The President and members of the Stock Exchange committees, appoints and removes the

the Stock Exchange Chamber.



§ 15



The Chairman of the Stock Exchange Chamber



(1) the Chairman of the Stock Exchange Chamber:



and manages the activity of the Stock Exchange Chamber) and shall convene its meetings,



(b)) shall be signed by the decisions taken at the meeting of the Stock Exchange Chamber and corresponds to the

for their implementation,



(c)) shall decide on all matters that are not by this Act, or

Statute of the reserved to the general meeting or meeting of the Stock Exchange Chamber or

the stock of the Committee,



d) oversees the compliance with the stock exchange regulations,



(e)) is entitled to adopt a decision pursuant to § 12 para. 2 (a). k),

If there is a risk of default.




(2) the Chairman of the Stock Exchange Chamber can be elected only its member.



section 16 of the



General Secretary of the Exchange



(1) the General Secretary of the Exchange is elected at a meeting of the Stock Exchange Chamber on

the proposal of the Chairman of the Stock Exchange Chamber. Candidate for the position of

the Secretary of the Exchange is to be elected in the bankruptcy.



(2) the General Secretary of the Exchange is an employee of a stock exchange and in the performance of their

the function may not without the prior written consent of the Exchange to operate

business, be in an employment or other similar relationship

or be a member of the statutory and supervisory bodies of legal entities

engaged in entrepreneurial activities.



(3) the General Secretary of the Exchange:



and the activities of the stock) apparatus and all other employees of the Exchange,



(b) preparing documents for the meeting), the Stock Exchange Chamber,



(c)) publishes conclusions and communication from the Stock Exchange Chamber,



(d) is committed to maintaining the order) on the stock and is entitled to congregations

report the person, that cancels the order and pay more attention to his instructions,



(e) shall carry out other tasks), it shall assign to the Statute, the meeting of the stock exchange

the Chamber or the President of the Stock Exchange Chamber. (4) the Secretary General of the stock exchange has

the right to participate with the voice of the advisory meeting of the General Assembly, stock

Chamber of Commerce and stock exchange committees.



PART FOUR



MEMBERS OF THE EXCHANGE



§ 17



Acquisition of membership



(1) members of the Exchange are:



and the founders of the stock exchange) (section 3),



(b) the members of the Stock Exchange Chamber appointed) by the competent authority of the State administration

(section 11 (2)),



(c) the person received the Stock Exchange Chamber) for members of the Exchange.



(2) unless the Statute provides otherwise, may be a member of the stock exchange referred to in paragraph 1

(a). (c)), adopted only by someone who has permission to manufacture or

processing of the goods which are the subject of stock trades, or to

trading with him and to services, with trading in such goods

related, if he pays the prescribed registration fee.



(3) a member of the stock exchange may only be a person who satisfies the conditions referred to in

§ 5 para. 2 (a). a) and (b)); This does not apply for a member of the stock exchange referred to in paragraph 1

(a). (b)).



(4) the number of members of the stock exchange shall not be less than 3 throughout the existence of

the stock exchange.



section 18



The fundamental rights and duties of the members



(1) the members of the Exchange have the right, under conditions defined by law and

the Statute to participate in the general meeting and to vote on it, the right to vote and to be

elected to the organs of the stock exchange and attend a stock market rally.



(2) the members of the Stock Exchange under § 17 para. 1 (b). and they are required to pay)

deposit the amount laid down by the Treaty, no later than 90 days

from the date of the Exchange.



(3) the members of the stock exchange must satisfy the conditions laid down in § 5 para. 2 (a).

a) and b) for the entire period of the membership in the stock exchange, this does not apply to members of the stock exchange

According to § 17 para. 1 (b). (b)).



(4) the members of the Stock Exchange under § 17 para. 1 (b). (b)) must be 21 years or older and

are of high integrity.



(5) Members of the Exchange, if their membership did not arise pursuant to § 17 para. 1

(a). (b)), the status of the save the obligation to pay the registration fee and annual membership

contribution in the amount and within the time limit set by the Exchange Chamber.



§ 19



Termination of membership



(1) membership shall be lost:



and exclusion from stock trades), pursuant to section 22(1) of the 1 (b). and)



(b) loss of function), from which the title of the person was a member of the [(section 17, paragraph 1,

(a). (b))],



(c)),



(d) the dissolution of the legal person) without legal successor,



(e) exclusion of a member of the stock exchange)



f) testimony,



g) otherwise specified in the Statute.



(2) a member of the Stock Exchange Chamber can be excluded if severe

breach of its obligations, in particular if it is in arrears in the

the membership fee. The decision to exclude must be taken within six

months from the day on which the Stock Exchange Chamber of the breach of the obligation,

However, at the latest within one year from the date on which the breach of the obligation

has occurred. The decision to exclude must be delivered in a way adapted in

of the Statute. The Exchange may, within one month from the date of receipt to submit to the General

meeting a proposal to review the decision to exclude. The excluded Member

the stock exchange does not have a right to a refund of the membership fee for the year in which it was

excluded.



(3) the Exchange referred to in section 17 para. 1 (b). and (b).) (c)) may, in writing,

terminate your membership; his obligation to pay a contribution for the full year,

in which your membership does not affect testified. If the Statute does not specify

for longer notice period shall be six months and runs from the first day

the month following the delivery of the notice. More detailed rules for

termination may determine status.



PART FIVE



STOCK TRADES



section 20



Stock Assembly



(1) a stock Assembly is the Assembly of the beneficiaries in

the rooms and the hours designated Stock Exchange Chamber for sealing and

brokerage stock trades.



(2) persons authorized to participate in the stock market rallies are persons,

which have been granted in accordance with the Statute on ticket stock

Assembly, the members of the Stock Exchange Chamber, the dealers, the stock exchange Commissioner and

employees of the stock exchange specifying a stock room.



(3) the person participating in the stock Assembly, are required to

comply with the Statute.



(4) in a room where the stock Assembly is held, must be

present status of the publicly accessible place and rules of behavior

Exchange visitors must be posted in a visible and accessible place.



section 21



Persons entitled to stock shops



(1) to stock the stores referred to in § 2, if subjected to the Statute and the

stock exchange rules, shall be entitled to:



and the person you are) members of the Stock Exchange under § 17 para. 1 (b). and (b).)

(c)),



(b)) other persons, provided that they are authorized for the production or processing of the goods which

is the subject of stock trades, or to trade and services,

that with trading in such goods are related to, and will receive a ticket to the

stock Assembly,



(c)) legal entities established by law for the purpose of regulating the market of commodities or

creating and protecting material reserves.



(2) a legal person who is entitled to stock the stores, to be determined

the prior approval of the Stock Exchange Chamber one or more natural persons

as its representative, who will enter into the stock trades on its behalf.

Power of Attorney must be granted in writing and the signature of the principal must be officially

authenticated; This also applies for the grant of full powers representative of a natural person.



(3) a conciliator may, within their competence to enter into the stock trades on

own account and in his own name only in cases where it admits

the Statute.



(4) the members of the Stock Exchange Chamber appointed by the competent authority of the State administration

they are not entitled to stock the stores or mediation,

If they are not members of the Stock Exchange under § 17 para. 1 (b). (c)).



section 22



Exclusion from stock trades



(1) of the stock exchange trades are excluded:



and stop) persons who comply with the requirements referred to in section 21,



(b)) whose property has been declared bankrupt, or the Court of bankruptcy

set aside the otherwise than by a resolution on the abolition of bankruptcy after fulfillment

resolution or resolution on rejection of the application for a declaration of bankruptcy

Therefore, the property of the debtor is totally inadequate, or the Court rejected

insolvency because of the debtor's assets will not be sufficient to cover the

the costs of the insolvency proceedings, and for a period of two years after the end of

insolvency proceedings ^ 4),



(c)) the persons to whom are withdrawn ticket stock Assembly



(d)) the persons to whom was withdrawn or suspended the right to participate

stock exchange trades the Commissioner,



e) persons referred to in § 25 para. 3.



(2) the exclusion from the stock trades referred to in paragraph 1 (b). and)

the Stock Exchange Chamber decides, the decision shall be served on the way

referred to in the Statute. The person concerned may within seven days of delivery

the decision of the Stock Exchange Chamber may demand that the Court declared invalid,

If it is contrary to the legislation.



(3) the decision of the Stock Exchange Chamber until the final decision of the Court

the person concerned shall not participate in the stock market trades. Its right to

compensation for damages shall remain unaffected.



Article 23 of the



The conclusion and the mediation of stock exchange trades



(1) persons entitled to stock stores pursuant to § 21 para. 1 (b). (b))

may enter into individual stock trades only through the conciliators.

Persons entitled to stock stores pursuant to § 21 para. 1 (b). a) and (c))

they may make stock trades directly, it is in its own name and on its own

account, without the mediation of dohodcem.



(2) Facilitate stock trades are allowed to only stock

dealers (§ 29) or private dealers.



(3) Private dohodcem is a person who mediates in the shops on

basis of trade licence. ^ 5) the provisions of § 30, § 31 para. 1 and 2

and § 32 shall apply mutatis mutandis to private a conciliator.



(4) trading or of his mediation can be

direct permission or commitment to the stock market.



section 24



Obligations of persons entitled to stock shops



(1) persons entitled to stock the stores are required to:



and to comply with regulations that) relate to stock trades,



b) accede to the way of reckoning the designated trading

the Statute,



(c) the price from direct) to notify trade pursuant to § 27 para. 3.



(2) a more detailed definition of the responsibilities of these individuals can determine status.



§ 25



Fairness of stock exchange trades



(1) when a stock trades must be available to all participants in the

the same time for the same information about the facts relevant for the development of


classes of commodities, which are traded on the stock exchange.



(2) it is prohibited to enter into the stock trades aimed to damage

of third parties.



(3) persons who have their employment or position in the stock market before

than other participants in the trading information about the facts,

that may affect the development of courses in commodities and commodity derivatives, with

which is traded on the stock exchange, shall not enter into trades with these

commodities and commodity derivatives, or use this information in the

for any other person, unless such information becomes publicly known;

Furthermore, they shall not knowingly disseminate false news that could have

influence on the development of courses for commodities and commodity derivatives, which is on the stock exchange

traded, or damage the market participants.



(4) the members of the stock exchange and the Stock Exchange Chamber, as well as employees of the stock exchange are

required to maintain the confidentiality of the facts, which they obtain from your

status and which are important for the development of the courses, the commodities with which them on

the stock traded.



section 26



The subject and the types of stock trades



(1) on the stock exchange can be traded with only those commodities that are written

in the commercial register [section 8, paragraph 2 (b), (e))] and with commodity derivatives;

that are not investment instrument under a special legal

Regulation ^ 1) If acceptance of the commodities and commodity derivatives to the stock

Trade (section 2) approved by the competent authority provided for by the Statute.



(2) the possibility to negotiate the deals, in which between conclusion of contract and

the fulfilment of the contract expires a longer period (hereinafter referred to as "Futures")

If you have written as a type of permissible trading in

commercial register, shall be decided by the Stock Exchange Chamber.



(3) at the conclusion of the futures, the buyer is obliged to deposit

in a manner and amount determined by the Statute.



(4) the futures may conclude the person entitled to the ticker

stores.



section 27 of the



Price records and quotes



(1) the price of the stock to trade on the stock exchange must be recorded in a manner

determined by law and statute.



(2) the prices of trades brokered dealers shall be recorded in the

commercial paper [section 30, paragraph 1 (b))].



(3) persons who are authorised to negotiate a stock trades directly without

through one of the conciliators shall be required to announce the closure of this shop

stock to the authority designated by the Statute at the time of stock

the Assembly, and if the transaction is concluded outside the stock market rallies

the closest the next Assembly. The detailed procedure for compliance with the notification

the obligation to determine the status.



(4) if the stock market used automated data-processing system, you must

be a store registered in the system. The Stock Exchange Chamber is obliged to

to take such measures that do not have access to this system by unauthorized

persons, and to ensure the protection and confidentiality of the data contained in it.



(5) the Rate of commodities and commodity derivatives, which is on the stock exchange

traded, provides for the Exchange Chamber after the stock Assembly

on the basis of the data and the members of the stock exchange, conciliators who are entitled to direct

stock business, on the prices at which it was in the period defined by the Statute of the

traded (price quotes).



(6) If the Stock Exchange uses automatic computing system, calculate

the course of this system.



(7) the Exchange will publish the current odds and history courses in 5 immediately

previous years manner allowing remote access. The courses are

be given in the kursovním data sheet. Exchange stores exchange rate leaves in paper and

electronic form for at least 5 years from the date of publication and

allows you to at its headquarters to look into them.



section 28



The Stock Exchange Arbitration Court and dispute resolution from stock trades



(1) when the Stock Exchange Arbitration Court can act as a permanent independent

authority for deciding disputes referred to in paragraph 3, the independent

the arbitrators.



(2) cancelled



(3) disputes arising from stock trades (§ 2), that are otherwise appropriate

decisions by the courts, to decide ^ 6), if the parties agree about it, in

arbitration before the Stock Exchange Arbitration Court. This also applies to

commercial disputes ^ 6) from the deals, their subject

commodities, which are traded on the stock exchange.



PART SIX



STOCK MARKET DEALERS



section 29



(1) the stock of a conciliator is a provider of stock exchange trades. Is

appointed and dismissed by the Exchange Chamber with the prior consent of stock

Commissioner. The number of places of Stock Exchange Chamber determines the conciliators.



(2) the choice of stock exchange conciliators shall be carried out on the basis of the declared bankruptcy

the Stock Exchange Chamber. Stock dohodcem can be only a natural person who

is 21 years or older, having the capacity to perform legal acts, if it proves necessary

the competence test, composed before the Commission appointed

the competent authority of the State administration.



(3) the stock exchange dealers can perform other gainful activity

related to the trade, manufacture, processing or use of commodities that

are the subject of stock trades, only if the operation

other gainful activities of the stock exchange Commissioner and the conciliators agrees

the Stock Exchange Chamber, and if it is allowed to the Statute.



(4) the Stock Exchange Chamber and the stock exchange Commissioner may granted consent to the

the operation of other gainful activities of stock exchange in writing to revoke the conciliators.

The reason for the withdrawal of consent must be given in the decision on the appeal

consent. The stock is then a conciliator shall without undue delay

gainful employment to terminate in a manner arising from the relevant legal

regulations.



(5) the Statute modifies the way the publication of the list of stock exchange

conciliators who also carry other gainful activity, and the range of data

related to this activity, which must include at least

for a full list of these activities and in what capacity the gainful activity

operate.



(6) the stock of a conciliator, who shall exercise other gainful activity under

paragraph 3, the Stock Exchange Chamber cannot be a member of the Committee of the stock exchange and neither

the arbitrator or other official trading session of the arbitral tribunal.



(7) a stock ceases to be dohodcem because



and) who has advised in writing that he renounces the activities of stock of a conciliator,



(b)) who was dismissed by the Stock Exchange Chamber (§ 32),



(c)) who was disabled by a final of a conciliator in stock market activity

by a court decision.



(8) the notice referred to in paragraph 7 (b). and must be delivered to the stock)

Chamber of at least 3 months before the date of completion of the activity. The activities of the

stock of a conciliator may be terminated only on the last day of the month.



section 30



The activities of stock exchange conciliators



(1) the stock exchange dealers shall be required to:



and facilitate trading with) those commodities and commodity

derivatives that they stock the Chamber granted, on the basis of the guidelines

the seller and the buyer,



(b) conduct business book), to which chronological record shops,

that you bring a stock market day,



(c) after the conclusion of the trade) issue to stakeholders with the year-end list

indication of the agreed terms of trade. Closing sheet can be replaced by

the output document from automated computing system containing

the necessary information about a closed shop.



(2) Stock dealers are obliged to maintain confidentiality about the guidelines,

statements, negotiations, contracts, and data of the Contracting Parties,

concern the stock trades, if the parties relieves them of that obligation, and

are required to maintain business secrets. ^ 7)



(3) the stock of a conciliator should not convey a stock trade, if it is to

reasonable grounds for believing that a trading participant shall take place in accordance

with the legislation or regulations or State officials is incompetent.



(4) Stock of a conciliator is obliged to mediate exchange deals

personally. In the case of your absence is obliged to ensure their representation

other stock dohodcem.



(5) the business books [(paragraph 1 (b))] is written indications

of the parties, the duration of the arrangement of trade, subject and conditions of trade

where appropriate, the additional requirements specified in the Statute. The Statute may also specify

the detailed rules for the conduct of business books. Commercial paper can be

replaced output reports from automated computing system,

which must be confirmed by the ticker dohodcem. The business books

written rejection of the mediation in accordance with paragraph 3.



section 31



The remuneration of conciliators of stock exchange



(1) the stock of a conciliator has the right to remuneration for brokering,

as soon as the trade brokered (hereinafter referred to as "dohodné").



(2) if the conclusion of the trade, subject to the terms and conditions, has a stock

a conciliator are entitled to dohodné to meet them. If the conditions of the

thwarted by the ticker dohodcem, right on the dohodné ceases to exist.



(3) the amount of the stock of a conciliator dohodného specifies the Exchange Chamber

the consent of the competent authority of the State administration. If it has not been agreed or

the Statute otherwise specified, the dohodné trading participants

equally.



§ 32



Supervision over the activities of stock exchange conciliators



(1) supervision over the activities of the Stock Exchange Chamber shall exercise the conciliators

the manner specified in the Statute and the stock exchange Commissioner.



(2) if the stock breaks its obligations of a conciliator or cannot for

more than three months to carry out these obligations, the stock

Chamber with the consent or at the request of a stock exchange Commissioner appealed.



(3) violates the ticker of a conciliator or seriously in their

obligations, the Stock Exchange Chamber it on a proposal from the Commissioner or even without stock


This proposal shall withdraw. In this case, the stock market cannot be a conciliator

again appointed a stock dohodcem on any stock exchange for a period of three years.



(4) the Stock Exchange Chamber with the approval of the Commissioner revokes a stock trading session

a conciliator if the conditions for the exercise of the activities of the lost stock

a conciliator established by this Act (section 29 (2)).



(5) Stock of a conciliator shall have one month from the day on which it was

delivered the decision of the Stock Exchange Chamber about its appeal, claim that the Court

his appeal said to be invalid, is contrary to the law or the Statute.



PART SEVEN



STATE SUPERVISION AND ADMINISTRATIVE OFFENCES



State supervision



§ 33



(1) State supervision over the activities of stock exchange and the conciliators shall exercise

the competent authority of the State administration through his appointed and

a stock that you are revoking the Commissioner; This authority also appoints and removes the

the representative of the Commissioner, who stock a stock to the Commissioner at the time of his

absence represents the full extent of his powers and duties.



(2) in the exercise of supervision shall proceed according to the basic stock Commissioner

the rules control the activities provided for by special laws.



(3) supervision over the operation of regulated markets and multilateral

trading system stock exchange carries on under a special legal regulation

The Czech National Bank.



(4) the competent authority of the State Administration cooperates with the Czech National Bank

When granting permits and oversee the performance, who performs or

It intends to conduct the business of the regulated market. Authorisation in accordance with

This Act issued in agreement with the Czech National Bank. The competent authority of

the State administration and the Czech National Bank shall inform each other, always on the management

imposing sanctions on the management of the withdrawal of authorisation for the operation of the Exchange and

measures of a stock exchange Commissioner.



§ 34



(1) the stock exchange Commissioner is in the exercise of State supervision shall be entitled to

check



and whether stock trades take place) in accordance with this Act and the

listing rules and considerations set out in section 6 (1). 1 (b). (b)),



(b) whether the activities of the Exchange,) of the stock exchange authorities, the members of the Exchange, conciliators and people

pursuant to § 21 para. 1 (b). (b)), and (c)) and § 25 para. 3 is in accordance with this

the law and the Statute,



(c) whether there are any in stock) reasons that can lead to suspension

the activities of the stock market or limit authorization to operate a stock exchange under section 35

paragraph. 1 or to withdraw an authorisation pursuant to § 35 para. 2 and 3,



(d)) whether people other than the stock market established under this Act in your business

company or name, the designation of the services rendered or in any

with regard to its activities do not use the designation "commodities exchange"

or other indication from these words derived or interchangeable,

or such a designation that gives the impression that the activity of the Exchange,

subject to specific legislation provides otherwise.



(2) if the stock exchange Commissioner in the performance of State supervision by

paragraph 1, shortcomings, is entitled to:



and criticize deficiencies and require) their elimination within a specified

the time limit,



(b) to suspend stock trade) If you cannot otherwise prevent the great

economic damage,



(c) suspend the implementation of decisions) general meeting and the Stock Exchange Chamber,

If this is contrary to the law or the Statute, pending their

the validity of the Court, and not more than one month to propose that

the Court suspended the decision declared void; After the expiry of

This deadline applies to the suspension of the decision.



(3) the stock exchange Commissioner gives consent to the appointment and removal of stock exchange

conciliators and to determine the amount of the dohodného.



(4) the stock exchange Commissioner is obliged to maintain confidentiality of the facts

relating to stock exchange trades, their participants and the conciliators, with whom

When the performance of their duties, unless the facts that are in the

conflict with the law, and of the facts which constitute the

the subject of a trade secret of the Exchange, the Exchange's members or persons

participating in the stock trades.



§ 35



(1) the competent authority of the State administration may suspend the operation of the stock market or

limit the authorisation for the operation of the Exchange, for a maximum of 2 years, if

change violates the obligations under section 8a of the paragraph. 1.



(2) if the change removes the shortcomings within the prescribed period, the competent authority

the suspension of the activities of the State administration of Exchange or the limitation of the authorisation to

the operation of the stock market. If the change does not remove the deficiencies

Government authority shall withdraw the authorisation for the operation of the stock exchange.



(3) the competent authority of the State administration are fulfilled when



and) it becomes clear that the authorisation was granted on the basis of false

the facts,



(b) Exchange not started) activity within 12 months from the date of acquisition of legal

may permit,



(c)) in the 12 months prior to the initiation of the administrative procedure of the withdrawal

authorisation shall be held by the General Assembly,



(d)) in the 12 months prior to the initiation of the administrative procedure of the withdrawal

authorization were not elected members of the Stock Exchange Chamber, whose choice is for the

General meeting and which ended the term of more than 1 year,



(e) the number of members of the stock exchange) is at least 90 days to less than 3,



f) change in the 12 months prior to the initiation of administrative proceedings

withdrawal of authorisation you stock trades under section 8a of the paragraph. 1

(a). a), or



g) change the withdrawal of authorisations requested.



Administrative offences



section 36



the title launched



(1) a natural person has committed the offence by



and) contrary to section 1 (1). 4 illegally used the designation "commodities exchange"

or other indication from these words derived or interchangeable,

or such a designation that gives the impression that the activity of the Exchange,

or



(b)) carries out activities of stock exchange without permission according to § 5 para. 1 or 5.



(2) a natural person as a person who will attend the trading session

the Assembly commits the offence by breach of an obligation under section 20

paragraph. 3.



(3) a natural person as a conciliator committed an offence by the stock exchange that

the stock closed the store in violation of § 21 para. 3.



(4) a natural person as a person entitled to stock stores commits

the offense that violates any of the obligations pursuant to § 24 para. 1.



(5) a natural person as a person specified in § 25 para. 3 committed by

the offense that violates any of the requirements of § 25 para. 3.



(6) a natural person as a member of the stock market or the Stock Exchange Chamber or as a

employee stock exchange commits an offence by that breach of an obligation under § 25

paragraph. 4.



(7) a natural person as a conciliator committed an offence by the stock exchange that



and) performs other gainful activity in violation of § 29 para. 3 or 4,

or



(b)) violates any of the obligations according to § 30 para. 1, 2, or 3.



(8) for the offense can impose a fine of



to 1 000 000 Czk), if the offence referred to in paragraph 1, 5, or 6,



(b)) to 100 000 CZK in the case of the offence referred to in paragraph 2, 3, 4, or 7.



§ 36a



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

tort by



and) contrary to section 1 (1). 4 illegally used the designation "commodities exchange"

or other indication from these words derived or interchangeable,

or such a designation that gives the impression that the activity of the Exchange,

or



(b)) carries out activities of stock exchange without permission according to § 5 para. 1 or 5.



(2) a legal entity or individual entrepreneur as a person

stock Assembly, take part in committing an administrative offense, by

breach of an obligation under section 20 (2). 3.



(3) a legal entity or individual entrepreneur as private a conciliator

committing an administrative offense by concluding a stock trade in violation of §

21, art. 3.



(4) a legal entity or individual entrepreneur as a person entitled to

stock business commits an administrative offense that violates any of the

obligations pursuant to § 24 para. 1.



(5) a legal entity or individual entrepreneur as a person entitled to

stock business pursuant to § 21 para. 1 (b). (b)) commits of the administrative

tort by concluding a stock trade in violation of § 23 para. 1.



(6) a legal entity or individual entrepreneur as a person referred to in section

to in article 25(2). 3 committed an administrative offence that violates any of the

obligations pursuant to § 25 para. 3.



(7) the legal entity or individual entrepreneur as a member of the Exchange or

the Stock Exchange Chamber committed an administrative offence by breach of an obligation

According to § 25 para. 4.



(8) the individual entrepreneur as private a conciliator committed

the administrative offense that violates any of the requirements of section 30 paragraph 2.

1, 2, or 3.



(9) the Change is committed by the administrative offense by



and does not, or the Statute) and the order of the stock of the arbitration

If the Court is established pursuant to section 4, paragraph 4. 2,



(b) organizes the exchange trades in) contrary to section 8a of the paragraph. 1 (b). and)



(c)) does not list people under section 8a of the paragraph. 1 (b). (b)),



(d) does not check for compliance with the obligations of the members) of the Exchange, conciliators and other

authorised persons to stock stores pursuant to section 8a of paragraph 1. 1 (b). (c)),



e) contrary to section 8a of the paragraph. 1 (b). (d) a member of the Exchange, did not rule out) that

no longer fulfils the conditions for membership,



f) contrary to section 8a of the paragraph. 1 (b). e) neuveřejnila or has divulged

valid text of the Statute and the order of the Court of arbitration, a stock



(g) to secure the action of the stock) of the arbitral tribunal pursuant to section 8a of the paragraph.

1 (b). (f)),



h) contrary to section 8a of the paragraph. 1 (b). g) handle, neuveřejnila or

has divulged annual report on the activities of the Exchange,




I) in contravention of section 22 paragraph 1. 2 precludes from stock trades persons under

§ 22 para. 1,



j) contrary to section 27 para. 7 does the current odds or history

courses or does not retain the odds sheets or will not allow you access to them,

or



k) in violation of § 32 para. 4 the attack of a conciliator.



(10) an administrative offense shall be fined in the



and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1, 6, 7, or

8,



(b) 5 000 000 Czk), in the case of an administrative offence pursuant to paragraph 9 (b). (b)), (d)),

(e)), or (g)),



(c) $ 1 000 000), in the case of an administrative offence under paragraph 5,



d) 750 000 CZK in the case of an administrative offence pursuant to paragraph 9 (b). (c)), h),

I), (j)) or k),



e) 500 000 CZK in the case of an administrative offence referred to in paragraph 2, 3 or 4,



f) 300 000 CZK in the case of an administrative offence pursuant to paragraph 9 (b). and) or

(f)).



section 36b



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

made every effort, that it was possible to require that

breach of legal obligations.



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

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

the duration and circumstances under which it was committed.



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

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

learned, but not later than 5 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

the competent authority of the State administration according to § 5 para. 1.



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

person ^ 20) or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



PART EIGHT



CANCELLATION AND TERMINATION OF STOCK EXCHANGE



§ 37



The cancellation of the stock exchange



(1) the Change shall be deleted and shall enter into liquidation:



and) the date referred to in the General Assembly resolution on the cancellation of the stock exchange, otherwise the date on

When the resolution on the abolition of the Exchange received



(b)) the date of the decision of the competent authority of the State administration of

the withdrawal of authorisation for the operation of the Exchange, if the decision does not provide for

a day later.



(2) the date of cancellation of the stock exchange is prohibited from making stock trades on the stock market.

The same date shall expire power to stock the arbitration court disputes,

with the exception of disputes, where the proceedings have already been initiated.



§ 38



Liquidation



(1) the liquidation of the assets of the Stock Exchange performs a liquidator designated by the general meeting in

the decision to cancel the stock market or designated by the competent authority of the State

management in the decision on the withdrawal of authorisation for the operation of stock exchange trades.



(2) The liquidation of stock exchange shall apply mutatis mutandis to the provisions of the commercial

on disposal of the commercial companies code.



(3) the remaining assets shall be distributed between the members of the stock exchange in proportion to their

not yet paid-in contributions and admission fees, if it is not in the Statute

Another way of dividing.



§ 39



The demise of the stock exchange



(1) Change terminates on the date the cancellation from the commercial register. That date shall cease to exist

whether or not the Stock Exchange Arbitration Court, the stock exchange was set up.



(2) a proposal for the deletion of the Exchange from the business register serves after the split

liquidation the liquidator.



PART NINE



COMMON, TRANSITIONAL AND FINAL PROVISIONS



section 40



(1) If this Act or statute provides otherwise, the internal

ratios of stock exchange provisions of the commercial code on companies with limited liability

restricted, with the exception of the minimum amount of the registered capital, the minimum amount of

deposit and limit the number of partners.



(2) an agent, a member of the stock exchange, stock dohodcem, General Secretary

the stock exchange, stock exchange Commissioner and his Deputy may only be a person

impeachable.



§ 41



The appeal against the decision in the cases pursuant to § 34 paragraph 1. 2 (a). (b))

suspensory effect.



§ 42



Until the release of the general provision on arbitral proceedings shall apply to the

proceedings before the Stock Exchange Arbitration Court mutatis mutandis the provisions of

the provisions on arbitration in international trade. ^ 12)



§ 43



The laws of the national councils, the competent authorities of the State administration, which will have

responsibilities under this Act.



§ 44



(1) a legal person which arose before the effective date of this Act, and

that have on your business name designation of "change" or operate

activity referred to in paragraph 1, shall, within six months from the effectiveness of the

This law to obtain a permit and to adapt their legal relations

This law, otherwise the Court's own motion cancels and order their

liquidation.



(2) the Court also cancelled the legal entity that is the effective date of this

the law in its business name, designation of "change" and does not operate activities

referred to in paragraph 1 or an activity listed in another stock Act, if

does not change its trade name within three months from the entry into force of this

the law.



§ 44a



(1) the stock market can be established as a joint stock company by sales

code.



(2) on the stock exchange, which is the joint-stock companies in accordance with paragraph 1, shall

the provisions of this Act, with the exception of § 1 (1). 2 and 3, § 5 para.

2 (a). and section 4) for membership in the stock market, § 8 para. 1 and § 8 para. 2

(a). a) to (d)), § 9 para. 1, § 10 para. 1, 2 and 5, § 18 para. 1 and section 40

paragraph. 1.



(3) the members of the Exchange, which is a joint-stock company, are subject to the conditions

as defined by law and the statutes of the right to be elected to the organs of the Exchange and

attend a stock rally.



(4) the stock exchange Commissioner under section 33 has the right to participate in the meetings of all bodies

the Exchange, which is a joint-stock company.



(5) the amendment of the statutes, which refers to the rules for the convening and proceedings of the General

meeting, requires the prior consent of the competent supervisory authority.



(6) the Exchange may be converted into a public limited company.



(7) the supervision Authority pursuant to section 33 shall be entitled to initiate the administrative procedure

the review of permit conditions in accordance with § 5 within three months after the conversion of the

joint-stock company.



§ 45



Shall be deleted:



1. Regulation No 79/1903. how to call on members of the administrations

agricultural occupation



2. Law No. 69/1922 Coll. and n., of Bursa in Bratislava and the corn on the

the ban on grain futures and rock products in Slovakia and

in Carpathian Ruthenia.



§ 46



This Act shall take effect on 1 January 2000. July 1992.



Havel, v. r.



DUBCEK in r.



Čalfa in r.



Selected provisions of the novel



Article II of Act No. 285/2005 Sb.



Transitional provisions



1. A commodity exchange established under the existing legislation shall indicate the

their internal affairs in accordance with this Act, not later than 31 December 2006.

December 10, 2005.



2. Unless changed their internal affairs in accordance with this Act in the

the time limit referred to in paragraph 1, the provisions of its Statute, that are in violation of the

with this Act, cease to have effect.



Article. (II) Act No. 247/2006.



Transitional provisions



1. the administrative proceedings according to Act No. 229/1992 Coll., with the exception of the administrative

proceedings under section 36 of the Act No. 229/1992 Coll., initiated before the date of the acquisition of

the effectiveness of this law shall be completed and the rights and obligations

related are assessed under the Act No. 229/1992 Coll., as amended effective

from the date of entry into force of this Act. Administrative proceedings under § 36

Act No. 229/1992 Coll., initiated before the date of entry into force of this

Act shall be completed according to the existing legislation.



2. Marketplace, which published the Statute and regulations of the arbitral tribunal in stock

The commercial bulletin, according to the existing legislation, it saves the status of

also the collection of documents of the commercial register no later than 6 months from the

the effective date of this Act.



1) Act No. 256/2004 Coll., on the capital market, as amended by

amended.



1A) Act No. 214/1992 Coll., on the stock exchange.



1A) of section 4 of Act No. 308/2000 Coll., on agricultural rock formations, worksheets

agricultural public warehouses and amending certain related

laws.



1B) Act No. 214/1992 Coll., on the stock exchange.



1 c) section 11 of the civil code.



Act No. 55/1950 Coll. on use and change of name and surname, as amended by

amended.



3A) § 13 para. 2, and article 15, paragraph 2. 2 of the Act No. 2/1969 Coll., on establishment of the

ministries and other central bodies of State administration of the Czech Republic,

in the wording of later regulations.



3B) Law No 111/2009 Coll., on basic registers.



4) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency

Act), as amended.



5) section 10 of Act No. 455/1991 Coll., on trades (trade licensing

the law).



6) § 9 para. 3 of Act No 99/1963 Coll., the code of civil procedure (full text of the

No 70/1992 Sb.).



7) § 17 of the commercial code.



12) Act No. 98/1963 Coll. on arbitration in international trade

contact and on the enforcement of arbitration awards.



13) § 13 para. 2, and article 15, paragraph 2. 2 of the Act of the Czech National Council No. 2/1969

Coll., on the establishment of ministries and other central bodies of State administration

The Czech Republic, as amended.



15) section 26e of Act No. 586/1992 Coll., on premiums for general health

insurance, as amended.



16) section 22 of Act No. 589/1992 Coll., on social security and

contribution to the State employment policy, as amended

regulations.



17) Act No. 40/2009 Coll., the criminal code, as amended by Act No. 306/2009

SB.




18) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



19) Act No. 563/1991 Coll., on accounting, as amended.



20) § 2 (2). 2 of the commercial code.