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.
