377/2005 Sb.
LAW
of 19 December 2003. August 2005
on the supplementary supervision of banks, cooperatives, spořitelními and úvěrními
insurance companies and traders in securities in the financial conglomerates directive
and amending certain other acts
(the law on the financial conglomerates directive)
Change: 57/2006 Sb.
Change: 230/2006 Sb.
Change: 138/2006 Sb.
Change: 278/2009 Sb.
Change: 281/2009 Sb.
Change: 139/2011 Sb.
Change: 37/2009 Sb.
Change: 228/Sb.
Change: 241/Sb.
Change: 513/91 Coll. 91/Sb.
Change: 135/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
THE LAW ON THE SUPPLEMENTARY SUPERVISION OF BANKS, SPOŘITELNÍMI AND ÚVĚRNÍMI
ASSOCIATIONS, INSURANCE COMPANIES AND SECURITIES DEALERS IN FINANCIAL
CONGLOMERATES DIRECTIVE
TITLE I OF THE
GENERAL PROVISIONS
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
the exercise of supplementary supervision of regulated entities operating in
financial conglomerates directive (section 4), the relations between the authorities responsible for the performance of
supervision of individual sectors of the financial market and the obligations of the parties
operating in the financial conglomerate.
§ 2
Definition of terms
For the purposes of this Act, means the
and the Bank or the Bank) foreign bank under the law governing the activity of the
banks,
(b)) insurance company national insurance company, the insurance company from another Member State
or an undertaking from a third State according to the law governing
the insurance industry,
(c) a reinsurance undertaking domestic reinsurance) undertaking from another Member
the State reinsurance undertaking from a third State or retaining specific person referred to in
the law governing the insurance industry,
(d) the maturity of the standard Fund obhospodařovatel) standard
Fund or a comparable foreign investment fund; self-governing
Investment Fund, for the purposes of this Act, for the translates into higher
the standard does not consider the Fund,
e) maturity of investment funds of great magnitude
obhospodařovatel Special Fund, a foreign investment fund
comparable Special Fund, a Fund of qualified investors
or to a foreign investment fund with the Fund
qualified investors, which is entitled to exceed the record limit
under the law governing investment companies and investment funds,
that has equivalent, or under the law of their home State
or reference Member State designated in accordance with article 6(1). 37 of Directive
The European Parliament and of the Council of 2011/61/EU,
f) trader with securities securities dealer that is not
the Bank, or foreign person authorised to provide investment services in
their State of residence, which is not a Bank, under the law governing
the capital market,
g) controlled by a person
1. the Bank,
2. savings and credit cooperative,
3. the undertaking,
4. the reinsurance undertaking,
5. trading in securities,
6. obhospodařovatel standard pool, or
7. obhospodařovatel investment funds of great magnitude,
h) controlling entity controlling person under the law governing
the insurance industry,
I) controlled the controlled entity under the law governing
the insurance industry,
j) associated with the person of the person in which the other person has significant influence,
which means such a significant influence on the management or operation of the
the undertaking of this person, who is not only temporary, and whose purpose is to participate in
the business of the person; a direct or indirect share under consideration
separately, or their sum representing at least 20% on the basic
capital or of the voting rights, including control, is always considered
significant influence,
k) a mixed financial holding the controlling entity, the person who is not
controlled by a person and that, together with its controlled entities, each of which is
at least one controlled by a person established in the territory of a Member State, and
other persons constitutes a financial conglomerate,
l) group grouping, which consists of
1. controlling entity, controlled people, or other associated
people, or
2. controlling entity, controlled people, other associated persons,
people linked with any of these people by the relationship of a single control,
or persons, for which the majority of their statutory, regulatory or
supervisory bodies make up for most of the reporting period of the person that are in
statutory, management or supervisory bodies of any of the persons referred to
in paragraph 1, including any of its subgroups,
m) close links
1. the relationship between two or more persons, in which one of the people on the other
the person has significant influence, or
2. the relationship between two or more persons, which controls the same person
n) indirect proportion through the share held by the controlled entity or
controlled by the people,
about) the supervision of supervision under special legislation or
foreign legislation over a person in the financial sector,
p) supervisory authority to the authority of the Member State which exercises supervision over the
controlled by a person on an individual basis or consolidated
basis; for supervision on a consolidated basis shall, for the purposes of this Act
also considers that supervision of the activities of insurance or reinsurance undertakings in the group,
q) the relevant supervisory authority
1. the supervisory authority of the Member State carrying out supervision on a consolidated
the basis of the above the regulated person in a financial conglomerate (section 4),
2. the Coordinator (section 13), if the supervisory authority distinct from the authority
referred to in paragraph 1, or
3. another supervisory authority at the discretion of supervisors referred to in points (1)
and (2); When this discretion of these authorities shall take into account in particular the
market share of the regulated parties in the financial conglomerate, in other
Member States, in particular if it exceeds 5%, and the importance of the regulated
persons established in another Member State within a financial conglomerate,
unless directly applicable regulation in the European Union; When calculating the
the market share for the purposes of this Act, shall apply the sum of the balance sum
people in the banking or investment services sector and gross
gross premiums written in the insurance sector,
r) enabling the licence permit or another administrative act authorizing the person to
the performance of the regulated activities
with) by a Member State, the Member State of the European Union or other State forming
The European economic area,
t) a third State, a State which is not a Member State,
u) risk concentration all risks possible losses to which they are exposed
people in a financial conglomerate, which are significant enough to
threaten the solvency or the financial position of the regulated persons in
a financial conglomerate; These losses may be caused as a result of
exposure to credit risk, investment risk, insurance risk,
market risk, other risks, or a combination of them or their
interactions,
in operations within the Group) with all shops and other meetings on the
the basis of the regulated persons who are members of a financial conglomerate,
rely, that other regulated or unregulated persons in the same group
or any person connected with the members of this group, close links
directly or vicariously fulfills a commitment regardless of the corruption
This commitment.
§ 3
The financial sector
(1) to the financial sector to include mixed financial holding of the person
and a person from the banking sector, the insurance sector and sector
investment services.
(2) the banking sector will include banks, savings and loan
cooperatives, financial institutions and ancillary banking services undertakings
under the law governing the activity of the bank, with the exception of traders in securities
the papers and the people that make up the insurance sector in accordance with paragraph 3.
(3) In the insurance sector to include insurance companies, reinsurance and
insurance holding persons under the law governing the insurance industry.
(4) in the investment services sector shall include securities traders
Securities and financial institutions under the law governing business on
the capital market, which are not included in the banking sector or to
the insurance sector.
TITLE II
FINANCIAL CONGLOMERATE
§ 4
The definition of a financial conglomerate
(1) the financial conglomerate is a group or subgroup if
and) a group or sub-group is
1. the regulated person who either controls the person in the financial sector, or
is a person who has significant influence in the person in the financial sector,
or is linked with another person in the financial sector by a relationship
single control, or is the person that most of the members
management or supervisory bodies make up most of the accounting period the same
persons that are statutory, managerial, or supervisory authorities or
their members other persons in the financial sector, or
2. a person who is not controlled by a person, with the activity of the group or
the subgroup is done mostly in the financial sector,
(b)), at least one person in a group or subgroup is part of the sector
the insurance sector and at least one person in a group or subgroup is
part of the banking sector or investment services sector and
(c)) the summary of activities of the insurance sector in a group or subgroup and
a summary of the activities of the banking sector and the investment services sector in
a group or subgroup are significant.
(2) the activities of a group or sub-group takes place predominantly in the financial
sector if its ratio of balance sum exceeds the value 0.4.
(3) the ratio of the balance sum means the proportion in which the numerator is the sum of the
the balance-sheet sum of persons in a group or subgroup that are part of
the financial sector, and the denominator the sum of the balance sum of all persons
in the group or subgroup.
The weight of the relevance of the sector
§ 5
(1) a summary of the activities of the insurance sector in the group, and a summary of activities
banking and investment services sector in the group is significant,
If the weight of significance in the insurance sector exceeds the value
0.1 and weight of significance in the sectors of banking and investment services
exceeds the value 0.1.
(2) the weight of significance means the arithmetical average
and the proportion in which) the numerator is the sum of the balance sum of persons,
that are either part of the banking sector and the sector of investment
services, or of the insurance sector, and in the denominator of the sum of the balance sheet
sum of persons that are part of the financial sector, and
(b)) share, in which the numerator is the sum of minimum capital
or the required solvency margin requirements, which must follow the
special legislation to reach persons in a group, that are either
part of the banking sector and the investment services sector, or sector
the insurance industry, and the denominator the sum of minimum capital
requirements and the required solvency margin, which must according to the specific
legislation to reach persons in a group, that are part of
the financial sector.
(3) at least a significant sector in the group means the sector referred to in § 3
paragraph. 2 to 4 with the smallest weight of significance and the most important sector in the
Group means the sector with the largest weight of significance. For the purposes of determining
the significance of the sector in the banking sector and the sector of investment
regarded as one of the services sector.
(4) for the purposes of calculating the scales of significance referred to in paragraph 2 shall
obhospodařovatel standard pool and obhospodařovatel investment
large scale funds added to the sector in which the Group
It belongs. If you do not belong exclusively to one sector, added to the
the least significant sector in the group.
(5) a summary of the activities of the financial sector in the group, is also considered a
a significant, if the total of the balance-sheet sum (§ 7) people in the group that
they are part of at least a significant sector exceeds € 6 0000 0000 0000.
(6) if the group does not meet one of the conditions referred to in paragraphs 1 and 5,
the competent supervisory authorities agree that this group will not be
be considered as a financial conglomerate, or that this group will not be subject to
requirements of this Act to the risk management system and the concentration of
the risks at the level of the financial conglomerate, in the context of operations of the Group and
the internal management and control system, or some of them, if by
the opinion of the competent supervisory authorities do not impose obligations
provided for in this law to the group necessary, suitable, or would be
misleading.
(7) the competent authorities shall notify the decision referred to in paragraph 6
other supervisory authorities and this decision shall be published; in cases of
lodging can be dispensed from the obligation of publication.
§ 6
(1) where a financial conglomerate is already subject to supplementary supervision (§ 10), and
If the ratio of the balance sum (§ 7) drops below the value 0.4 or weight
the significance of a sector falls below 0.1, then for 3
the following years used for the ratio of the balance sum (§ 7) value of 0.35
or for the weight of the significance of the value of 0.08.
(2) where a financial conglomerate has already designated pursuant to § 5 para. 5 shall be subject to
supplementary supervision and if the total of the balance-sheet sum (§ 7) people in
the group, which are part of at least a significant sector falls below 6
0000 0000 0000 eur, then for 3 years to be used for the determination of the
relevance of the activities of the appropriate sector summary in a group of 5
0000 0000 0000 euros.
(3) Coordinator (section 13), in agreement with the other competent supervisory authorities
may decide to waive application of paragraphs 1 and 2.
§ 7
The balance sheet total
The balance sheet total used in the calculations under this Act, means the
total assets less accumulated depreciation and provisions. To be collected from the
the consolidated financial statements; If there is no consolidated
statements, balance sheet shall be recorded in the accounts of people,
that are part of a group, with the balance sheet total affiliates
is taken into account in proportion to the share or shares, which in
associated with the person, persons, which are part of the group.
§ 8
(1) the competent authorities may, in cases and on lodging
by mutual agreement, the balance sheet in the calculation of the ratio of the balance sum
pursuant to § 4 and 5 on significance of the relevant sector and replace or
to supplement the income structure, off-balance sheet operations, total value
value of assets under management, a combination of them, or all of these
indicators at the same time.
(2) in determining whether the activity of the group takes place predominantly in the financial
sector and that a summary of the activities of the insurance sector in the Group and
a summary of the activities of the banking sector and the investment services sector in
the group are significant, the competent supervisory authorities on a proposal by the Coordinator
(section 13) upon mutual agreement
and may not take into account persons), which according to the decision of the Coordinator (section
13) may not be included in the calculation of the supplementary capital
adequacy, with the exception of people, which moved its head office from the Member
State to a third State with the intent to circumvent the regulatory requirements for
their activities or demands supplementary supervision applicable in the territory of
The European Union,
b) may take into account the criteria referred to in section 4, paragraph 4. 2, and in section 5 of the
paragraph. 1 for the last 3 years; This procedure shall not apply where in this
period, there were significant changes in the structure of the group, or
(c) may not be taken into account) to one or more associated persons included within the
a smaller sector in a group, if the inclusion of crucial to the
to specify a group as a financial conglomerate and the associated person
or the associated persons together are not significant for the purposes of
the supplementary supervision.
(3) the competent supervisory authorities at least once a year, review the exceptions
the supplementary supervision, based on their mutual agreement under section
5 and quantitative measures under section 5, 6, and 8.
§ 9
To specify a group as a financial conglomerate
(1) if the supervisory authority on the basis of information obtained in the performance of
supervision it considers that a regulated person, which granted the authorisation, is a member of
the group, which could be a financial conglomerate, which has not yet been
specified, it shall inform the supervisory authorities that supervise
regulated entities in the Group and the Joint Committee of the European institutions
supervision by the directly applicable European Union legislation, where appropriate
other supervisory authorities. These supervisors will determine
and) which one will be the Coordinator (section 13) in the event that this group
will be defined as a financial conglomerate,
(b)) whether the group is a financial conglomerate.
(2) is to be the Coordinator for the group, the oversight body of the United
the Republic, then the procedure for determining the financial conglomerate shall apply
administrative code, unless this Act provides otherwise. For the purposes of the
determine whether the group is a financial conglomerate pursuant to this Act, the
the participants in these proceedings, which are the persons in the group chooses
common agent, which can also be a legal person. Until such time as
Choose a common representative, has his status as the controlling entity in the
the head of this group or, if this group is not headed by the controlling
a person controlled by a person with the largest balance sheet total in the most important
sector in the Group; This person will also always delivers a decision within
things. The process of determining a financial conglomerate shall be initiated on the initiative of
supervisory authority designated pursuant to paragraph 1. at the same time).
commencement of proceedings shall notify the supervisory authority agents for the management of
the determination of the financial conglomerate, the Coordinator will be in the case that
the group in question will be defined as a financial conglomerate, and that the authority
surveillance, who leads the administrative procedure in this case. This does not affect
the provisions of § 13 para. 4.
(3) the supervisory authority, conducting a procedure for the determination of a financial conglomerate,
based in determining whether the group is a financial conglomerate,
preferably from the information gathered on the basis of exercising supervision or from the
the other supervisors. If this control needs and other
information, it is from the common agent for procedures for determining the
the financial conglomerate.
(4) the date of application of the decision on the determination of the financial conglomerate
the person in the group subject to the obligations established by this Act
for these persons. If you are part of a group that has been designated as a
financial conglomerate, as well as persons who are not subject to any form of so far
surveillance is the Coordinator in the decision referred to in the first sentence, defined in the
relation to such persons whether or not a reasonable deadline, the end of which they are
persons are obliged to fulfil the obligations established by this Act and which shall not
be shorter than 60 days.
(5) the appeal in administrative proceedings against the decision on determining the
the financial conglomerate is not admissible. Participant of the process of determining the
the financial conglomerate may bring an action in the administrative judiciary ^ 6)
the group as a financial conglomerate, the Coordinator is
the oversight body of the United States.
(6) on the designation of the group as a financial conglomerate and of its provisions
the Coordinator the Coordinator shall inform the supervisory authorities that regulated
people in the group have granted the authorization, the supervisory authorities of the Member State in
which the seat of the mixed financial holding person, and the Joint Committee
of European supervisory authorities.
(7) if the controlling person in the head of the group as a financial
the conglomerate or, if a group is not a controlling person,
the regulated entity with the largest balance sheet total in the most important sector in the
the Group considered that, on the basis of facts to determine changes
the financial conglomerate has already group is not a financial conglomerate,
shall notify this fact to the Coordinator (section 13) and at the same time this
the fact proves that. If the Coordinator Supervisor from the United
States, the date of receipt of such notification initiated administrative proceedings.
Administrative proceedings can be initiated and on the initiative of the Coordinator. If
the Coordinator, after consultation with the other supervisory authorities found that the group no longer
It is not a financial conglomerate, it shall take a decision, otherwise the control
stops. The date of application of the decision about the Group
be a financial conglomerate, the persons in the group cease to
be subject to the obligations laid down in this law. The provisions of paragraph 2
the second and third sentences and paragraphs 3, 5 and 6 shall apply mutatis mutandis.
TITLE III
SUPPLEMENTARY SUPERVISION OF ENTITIES IN A FINANCIAL CONGLOMERATE
§ 10
Supplementary supervision
(1) the supplementary supervision for the purposes of this Act, the monitoring and
the risk controls at the level of the financial conglomerate. The purpose of the supplementary
supervision is to limit the risks to which they are exposed to regulated persons by
they are part of a financial conglomerate.
(2) the supplementary supervision does not replace the supervision of regulated
persons on an individual and a consolidated basis according to the specific
legislation, nor it does not create or replace the supervision of
each regulated persons established or resident in the territory of the
third State, mixed financial holding of persons covered by the
the financial conglomerate and by persons not regulated under
special legislation.
(3) unless otherwise provided by this Act, the supplementary supervision shall be subject to any
the regulated entity in the financial conglomerate,
and that is the head) of a financial conglomerate,
(b)) whose controlling entity is a mixed financial holding person
established in the territory of a Member State,
(c)) that is with another person of the financial sector in respect of controlling or
controlled entity, or
(d)) that the majority of members of statutory, management or supervisory bodies
make up for most of the reporting period the same persons that are statutory,
management or supervisory bodies or their members other persons of the financial
sector.
(4) except in the cases referred to in paragraph 3 and in accordance with § 11 and if they are
at the same time satisfied the conditions pursuant to section 4, paragraph 4. 1 (b). (b)), and (c)), the competent
supervisory authorities, having regard to the purpose of the supplementary supervision to determine whether and in
to what extent will the supplementary supervision should be subject to whether or not a regulated person,
in which other persons exercising significant influence, are otherwise tied capital
or otherwise apply a significant influence on the management of regulated persons.
§ 11
Supplementary supervision of entities in a financial conglomerate with a relationship to the
a third State
(1) If a regulated entity in the financial conglomerate, which has its registered office at
territory of a Member State, ruled by a person established on the territory of a third
State supervisory authorities shall verify whether the regulated person subject to supervision
by a supervisory authority to a third State which is comparable to the
supplementary supervision referred to in this Act.
(2) the verification performed by a supervisory body, which would be in the case of the use of
the rules under § 13 para. 2 to 6 appointed by the Coordinator on the draft
the controlling entity or regulated person that has been granted authorisation in
a Member State or on its own initiative. This supervisory authority in advance
seeking the opinion of the other competent supervisory authorities.
(3) if the competent authority verification of another authority
referred to in paragraph 2 may inform the competent European authority
sight ^ 9).
(4) this Act does not apply to regulated person referred to in paragraph 1,
If it is in a third State over its activities in a financial conglomerate
supervised comparable with the supplementary supervision referred to in this Act.
(5) if it is not controlled by a person referred to in paragraph above 1 performed
comparable supervision in a third State, the supplementary supervision referred to in this
This Act regulated person applies. Supervisory authorities may, however,
use other procedures approved by the Coordinator after consultation with the other
supervisory authorities that monitor the purpose of supplementary supervision, and shall be communicated to
other supervisory authorities concerned and the European Commission. These procedures may
encompass the requirement to base the person on a mixed financial holding
territory of a Member State.
§ 12
Financial subkonglomerát
Financial subkonglomerátem means a financial conglomerate, which is
part of another financial conglomerate. Regulated persons
part of the financial subkonglomerátu, subject to supplementary supervision,
only at the level of the financial conglomerate, the financial
part of the subkonglomerát.
TITLE IV
COORDINATOR AND THE COOPERATION BETWEEN THE RELEVANT SUPERVISORY AUTHORITIES
section 13 of the
Coordinator
(1) to ensure the effective exercise of the supplementary supervision and cooperation between
supervisors of the supervisors will appoint a coordinator.
(2) where a financial conglomerate is headed by a regulated entity,
the Coordinator is the supervisory authority, which granted the regulated person
the authorization.
(3) where a financial conglomerate is not headed by a regulated entity is
the Coordinator of the supervisory authority, which granted the authorisation of regulated person,
the controlling entity is a mixed financial holding, the person who
at the same time does not control another regulated person, unless otherwise specified.
(4) where a financial conglomerate is not headed by a regulated entity, and
does not flow under paragraphs 3, 5 or 6, is coordinator of the authority
surveillance, which granted the authorisation of regulated person, based on
the territory of the same Member State as the person mixed financial holding
that it controls. In the case that it has been granted a residence permit in that State more
regulated entities that are members of the same financial conglomerate,
but they are part of the different sectors, the Coordinator appoints a body
supervision of regulated persons in the most important sector. In the case that it is in
the head of the financial conglomerate with more than one mixed financial holding
the person having their registered office in the territory of different Member States, in which it has been
granted i enable regulated persons, the Coordinator appoints a body
supervision of regulated persons with the largest balance sheet total, if the controlled
the persons included in the same sector, in other cases, the Coordinator of the
shall designate a competent authority of a regulated persons with the largest balance sheet
the sum in the most important sector.
(5) where a financial conglomerate is not headed by a regulated entity, and
does not flow under paragraphs 3, 4 or 6, is coordinator of the authority
surveillance, which granted the authorisation to the person with the largest regulated balance
the sum in the most important sector, if its controlling person is
mixed financial holding person established on the territory of the Member State
different from the Member State whose authorities have granted permission
her controlled by regulated parties.
(6) where a financial conglomerate is not headed by a regulated entity, and
does not flow under paragraphs 3, 4 or 5, is coordinator of the authority
surveillance, which granted the authorisation to the person with the largest regulated balance
the sum in the most important sector, in the case of a financial conglomerate, in the
the head is not a controlling person, or for any other case.
(7) the competent authorities may by common agreement waive the
the criteria referred to in paragraphs 2 to 6, if their application would be
inexpedient due to the structure of the financial conglomerate and the importance of its
activities in different countries, and appoint a coordinator of the other authority
supervision by the Member State to supervise the regulated person in
the group concerned or even supervisory authority of the Member State in whose territory the
mixed financial holding the person in the seat. In this case, the authorities of the
supervision before the decision on the provisions of the request from the Coordinator
regulated people in a financial conglomerate, or in a mixed financial
holding a person opinion.
§ 14
Tasks of the Coordinator
(1) the Coordinator shall in particular
and) coordinates the compilation and dissemination of important or necessary
information in going concern and emergency situations, at the level of the financial
the conglomerate, including the provision of information relevant to the exercise of supervision
on an individual basis and on a consolidated basis, supervisory authority
under special legislation,
(b)) keeps the financial situation of the financial conglomerate,
(c) assessing compliance with) the supplementary capital adequacy requirements,
requirements for risk management, risk concentration and on operations within the
the Group at the level of a financial conglomerate,
(d)) shall examine the structure, organisation and internal control system of the financial
the conglomerate,
(e)), in cooperation with the competent authorities of supervision plans and coordinates
the procedure for supervisory authorities in the exercise of supplementary supervision at the level of
the financial conglomerate under normal and emergency situations.
(2) to ensure the efficient and effective exercise of the supplementary supervision
enclose the Coordinator and other relevant supervisory authorities, or other
supervisory authorities, coordination of the agreement separately taking into account in
written agreements supervisors under the laws governing the
insurance and banks. Letter of agreement may be
the Coordinator entrusted with additional tasks and procedures in the first place
deciding between the competent supervisory authorities concerned by this
Act and for cooperation with other supervisory authorities.
(3) the performance of the tasks of the Coordinator and the cooperation of the supervisory authorities in the performance of
the supplementary supervision shall makes use of colleges of supervisors established by
laws governing insurance and banks.
(4) the Coordinator decides that other supervisors will participate in
the activities of the College in accordance with paragraph 3.
§ 15
The exchange of information
(1) the Coordinator and the supervisory authorities shall cooperate closely with, in particular,
shall provide each other with the information necessary for the supervision of
regulated entities in a financial conglomerate, and on the basis of the request
or on its own initiative of any of them. For this purpose, be collected
These information.
(2) the Coordinator and supervisors shall collect and provide information
relating to the
a) managerial and organizational structure of the Group and property relations in the
the group, including all of the regulated and non-regulated persons and significant
offices, holders of qualifying holdings on the person at the head of the financial
the conglomerate and the authorities exercising supervision over the persons in the Group
(b)) the overall strategy of a financial conglomerate,
(c)) the financial situation of the financial conglomerate, in particular compliance with the
supplementary capital adequacy, risk concentration,
profitability at financial conglomerate level and operations within the group,
(d)) the majority shareholder and members of statutory, management and supervisory
authorities and other persons on the basis of the agreement, market share or on the basis of
other fact substantially affect the operation of the financial
the conglomerate,
(e) the organisation, risk management) and the internal management and control system
at the level of a financial conglomerate,
(f) the methods of collecting information on) people in the financial
conglomerate, and the verification of that information,
g) adverse developments in regulated persons or other persons in
financial conglomerate, which can significantly undermine the financial situation of the
regulated persons,
h) serious penalties and measures to remedy the extraordinary importance of the stored
supervisory authorities under this Act or special legislation.
(3) the competent authorities may also exchange information
relating to regulated persons in a financial conglomerate with the European
the Central Bank, central banks, and the European Council for system
risk ^ 10) in the European system of central banks, other Central
banks, provided that this information is necessary for the performance of
the activities of these institutions and persons with the following information
Learn about them, are obliged to maintain confidentiality. Information referred to in
paragraph 2 (a). and coordinator of the Joint Committee) to provide European
of supervisors.
section 16 of the
Obligation consultation
(1) the competent supervisory authority, which decides on
and grant consent or authorization) to the change in the structure of the shareholders,
in particular, the acquisition of a qualifying holding, or organizational or management
the structure of regulated people in a financial conglomerate, or
(b) severe penalties or) the imposition of measures to remedy the extraordinary importance,
This fact shall consult in advance with the Coordinator and other authority
surveillance, which also refers to this fact.
(2) the supervisory authority may consult the facts referred to in paragraph 1,
If the case does not tolerate delay, or would be likely to prejudice the purpose of such consultation
decision. In such a case, it shall inform the authority without delay
surveillance at issue in the case.
§ 17
Review
(1) the coordinator may carry out an inspection on the spot in a mixed financial
holding the person and, if it is necessary for the exercise of supplementary supervision, and
in other non-regulated persons in a financial conglomerate.
(2) the supervisory authority may in any particular case to ask the supervisory authority
another Member State to carry out its control in regulated or
unregulated person in a financial conglomerate, which has its registered office or
establishment in the territory of that State, for the purpose of verifying the information needed to
the exercise of supplementary supervision. The supervisor, who asked for the implementation of
control, shall be entitled to take part in such checks.
(3) the supervisory authority within the limits of their jurisdiction shall, upon request of the authority
the supervision referred to in paragraph 2 in the control of regulated or unregulated person
in a financial conglomerate, or allow the supervisory authority based on the
territory of another Member State in order to carry alone, or to
conducted by an auditor, an audit firm or an expert. Supervisory authority,
who asked about the conduct of inspections shall be entitled to take part in this
checks.
(4) if possible, the Coordinator and the other supervisory authorities concerned shall coordinate
carrying out checks on persons in the financial conglomerate.
(5) the provisions of paragraphs 2 to 4 shall apply, mutatis mutandis, to working with
supervisory authorities of third States, if it is kept.
section 18
Request information
(1) requests the Coordinator or another supervisory authority the information required
for the exercise of supplementary supervision, which has already been given to another body
supervision by a special legal regulation, preferably asks for these
information this supervisory authority.
(2) the coordinator may invite the supervisory authority of the Member State in whose
It is situated a controlling person of the financial conglomerate and which itself
does not exercise the supplementary supervision, to claim after the controlling person
information necessary for the performance of the supplementary supervision, in particular the information referred to
in article 15, paragraph 2. 2, and forward this information to him.
§ 19
Obligation of secrecy
Information obtained under this Act, including information obtained from
other relevant supervisory authorities subject to people
involved in the supervision of professional secrecy under
special legislation ^ 7).
§ 19a
Obligation to the prudent conduct of business
People in the financial conglomerate shall perform their activities
carefully so that an act or in its wake
and did not endanger the safety and stability) of the controlled person in the financial
the conglomerate or the fulfilment of its obligations to clients,
(b)) do not cause a violation of the legislation governing the operation of her
permitted activities regulated by a person in a financial conglomerate, or
(c) breach of the additional rules) did not cause a prudent business
under this Act, a controlled person within a financial conglomerate.
People in the financial conglomerate, in particular, must not act in a manner in which the
due to the controlled person would have in the financial conglomerate of research commitment
for the performance, which is not proportional to the consideration provided or collateral, or to
another economically unjustified transactions.
TITLE V OF THE
THE SUPPLEMENTARY RULES OF PRUDENT BUSINESS
The supplementary capital adequacy requirement
section 20
(1) the Regulated person in a financial conglomerate shall ensure
to level of the financial conglomerate was available capital, which is
always at least equal to the supplementary capital adequacy requirements; by
is without prejudice to the obligation of banks, credit unions,
securities traders and financial holding people to follow
capital adequacy under special legislation and the obligation to
insurance and reinsurance undertakings comply with the required solvency margin referred to in
a special legal regulation.
(2) the controlled person in the financial conglomerate shall ensure
order at financial conglomerate level, there are adequate procedures for
compliance with the supplementary capital adequacy requirements.
(3) the calculation of the supplementary capital adequacy requirements is performed by a person
filling the information obligation towards the Coordinator for the implementation of
supplementary supervision (§ 25 para. 1 and 2).
(4) the calculation of the supplementary capital adequacy requirements shall be carried out
and the accounting consolidation method)
(b) the deduction of the aggregated data) using the method, or
(c) a combination of methods) referred to in points (a) and (b)).)
(5) the choice of method, referred to in paragraph 4, it performs a coordinator at the design
the person who will perform the calculation of the supplementary capital
adequacy, and after consultation with the other supervisory authorities concerned.
(6) compliance with the supplementary capital adequacy requirements at the level of
a financial conglomerate shall be subject to the supervision of the Coordinator.
section 21
(1) The financial conglomerate shall for the purposes of calculating the supplementary
capital adequacy requirements include the person's financial sector in the
a financial conglomerate.
(2) a person who is at the head of the financial conglomerate, in the calculation of
supplementary capital adequacy requirements includes always.
(3) In the calculation of the supplementary capital adequacy requirements may not be
included a person who is not a person referred to in paragraph 2 and
and the third) is in a State where there are legal impediments to the provision of
the information needed for the purposes of exercising supplementary supervision,
(b)) is insignificant relative to the purpose of the supplementary supervision, unless all
persons who satisfy this criterion together are not insignificant relative to the
the purpose of the supplementary supervision, or
c) include it in the calculation of the supplementary capital
adequacy would be inappropriate or misleading as to the purpose of
supplementary supervision; in this case, the Coordinator shall seek the opinion of the
other relevant supervisory authorities; It may not do so in the case where the thing
does not tolerate delay.
(4) if the calculation of the supplementary capital adequacy requirements
included in the regulated person referred to in paragraph 3 (b). (b)), or (c)), the
the competent supervisory authority of the Member State in which the regulated
the person is situated, require the Coordinator to him through a person
that is at the head of the financial conglomerate, said the information needed for
the purposes of exercising supervision by the supervisory authority of such regulated
person.
(5) the rules for the calculation of the supplementary capital adequacy requirements
including the definition of criteria for the non-inclusion of more people in the calculation
supplementary capital adequacy requirements in the implementing the legal
prescription.
section 22
Risk concentration and operations within the Group
(1) Regulated persons are required to at the level of the financial conglomerate
comply with the supplementary requirements on risk concentration and operations within the
the Group of. This is without prejudice to the requirements of the risk concentration of regulated
persons and obligations relating to operations under special laws
regulations.
(2) where a financial conglomerate is headed by a mixed financial holding
person, subject to the requirements on risk concentration and operations in
the group under special legislation governing the
risk concentration and operations within the Group of regulated persons who are
part of the most important sector in the group.
(3) operations within the group must meet the following requirements:
and) shall be negotiated so that they do not lead to damage to the interests of policyholders,
depositors or other clients,
(b) a person shall not bind the regulated) to economically unjustified transactions
or for the performance of which is not proportional to the consideration provided, and
(c)) must be negotiated under normal conditions.
(4) the provisions of paragraph 3 shall not affect the right to conclude a contract.
(5) compliance with the additional requirements relating to the concentration
risk and operations within a group are subject to the supervision of the Coordinator.
(6) a more specific indication of additional requirements on risk concentration and
additional requirements for operation within the group in the implementing
legal prescription.
Article 23 of the
The internal management and control system
(1) the person at the head of the financial conglomerate and regulated persons
subject to supplementary supervision, shall ensure that the level of the financial
the conglomerate has been used by appropriate internal management and control system
including an appropriate risk management system, reliable administrative and
accounting procedures, which ensures the
and identifying, measuring,) evaluation and monitoring of all the significant
assumed risks and taking measures to limit these
risks,
(b)) the integration of risk management systems in all persons subject to the
supplementary supervision and uniformity of identification, measurement, evaluation, and
monitor the risks at the level of a financial conglomerate,
(c)) the proper management, control, approval and periodic assessment of the strategy
and risk management policy at the level of the financial conglomerate
the relevant statutory bodies regulated persons,
(d)) a good way to measure the capital risks and compliance with the supplementary
capital adequacy requirements,
(e)) a good way to detect the possible impact on business strategy
risk concentration and the supplementary capital adequacy requirement
f) reliable procedures for the identification, measurement, monitoring, control
and reporting of operations within the Group and risk concentration and such
accounting procedures that allow you to give a true picture of the operations within the
groups and risk concentration,
(g)) the introduction and development of regularly updated health and
contingency plans and measures.
(2) persons who are subject to supplementary supervision, they must have the appropriate internal
management and control system for the processing of data and information that are
are required to submit for the purposes of exercising supplementary supervision.
(3) compliance with the requirements referred to in paragraphs 1 and 2, placed on
the internal management and control system including the risk management system is subject to
supervision of the Coordinator.
section 24
Personnel assumptions
(1) a mixed financial holding, the person is required to ensure that its
a statutory body, a member of the statutory body or other
a natural person who alone or together with other persons, controls the activity of the
mixed financial holding the person or legal entity, which is its
a statutory body or a member, (hereinafter referred to as "the person in the lead") was
the person trusted and eligible for the performance of its functions and to ensure the
requirements arising from this Act.
(2) a mixed financial holding the person in advance, inform the Coordinator of
proposed changes to the people in leadership and at the same time submit the supporting documents
needed to assess their credibility and competence. In the case of
that was a financial conglomerate is headed by a mixed financial
holding a person newly determined by section 9, is a mixed financial holding
the person required to fulfil the obligation regarding the people in her line to 2
months from the date of the decision on the determination of the financial
the conglomerate. The individual concerned is required to a mixed financial
holding a person to provide supporting documents and synergy needed to assess
his integrity and competence, including their amendments. The documents for
the assessment of the credibility and experience of the people in the management of a mixed financial
the holding of a person in the implementing legislation.
(3) for the purposes of this Act, shall include an assessment of the person's trust
assessment of honesty, moral and financial integrity on the basis of the
certifying, in particular its criminal law integrity, its behavior and
the negotiations in the course of trade in relation to business, employment or
performance features, the performance of obligations to the supervisory authorities and other
the facts relevant to the assessment.
(4) for the purposes of this Act, shall include an assessment of the eligibility of the person
in particular, the assessment of the professional skills, knowledge and experience
including experience with the performance of the management function and its existing professional
effects on the financial market. At the same time taking into account the specific tasks of this
person committed.
Information obligation
§ 25
(1) all the information needed for the implementation of the supplementary supervision of
compliance with the supplementary capital adequacy requirements, concentration
risks, operations within the Group and compliance with the supplementary
the requirements for the internal management and control system including control system
risk Coordinator tells the regulated person standing at the head of
the financial conglomerate.
(2) if the financial conglomerate headed by a regulated entity, says
the information referred to in paragraph 1, a person, or a mixed financial holding
the regulated entity in the financial conglomerate identified by the Coordinator after
consultation with the other supervisory authorities concerned and the persons in
a financial conglomerate.
(3) Regulated persons at the highest management level of the financial conglomerate
provide at least annually to the competent supervisory authority for information about
their management and organizational structure and property relations between the
entities in the financial conglomerate, including all controlled and
non-regulated persons and major branches in the financial conglomerate.
(4) a regulated persons at the highest management level of the financial conglomerate
each year, publish a report on its management and organisational structure and
property relations between entities in a financial conglomerate. This
You can also meet the obligation by posting a link to another source referred to
information.
(5) the Coordinator, after consultation with the other supervisory authorities concerned and the
in agreement with the persons referred to in paragraphs 1 to 4, modifies the form in which
the information submitted, and how the information is to be transmitted. The structure of the
and the time limits for the transmission of information to the purposes of supplementary supervision under this
the law modifies the implementing legislation.
(6) persons in the financial conglomerate shall communicate to the other people in the
financial conglomerate or to the supervisory authorities in the execution of a supplemental
the sight of the full information and data necessary for the exercise of supplementary supervision,
that required by this Act or legislation issued on the basis of.
The provisions of § 18 para. 1 this does not prejudice.
section 26
(1) persons in a financial conglomerate shall be required to permit
checks referred to in section 17 and provide the competent authority with the necessary supervision
synergy.
(2) the controlled person within the financial conglomerate post information about
financial conglomerate, which are part of the. The way the structure and time limits
disclosure of this information in the implementing legislation.
(3) the person referred to in section 25 provides the Coordinator of financial statements of persons
in a financial conglomerate, and at the latest within the time limit for publication of the
of the financial statements. In the case of the financial statements, which have been provided
supervisory authorities for the purposes of exercising supervision on an individual or
consolidated basis, include only the name and address of the supervisory authority,
which the accounts were granted and the date on which the provision of
the accounts have occurred.
TITLE VI OF THE
SHORTCOMINGS IN THE ACTIVITIES OF THE MIXED FINANCIAL HOLDING PERSONS AND REGULATED
PEOPLE AND MEASURES TO REMEDY THE
section 27 of the
Shortcomings in the activities of the mixed financial holding of the person
(1) in the event of the detection of deficiencies in the activity of a mixed financial
the holding of the person is entitled to according to the nature of the identified Coordinator
lack of in relation to mixed financial holding person
and) require that, within the prescribed period, in particular jumped into the
submit the information required for the purposes of exercising supplementary supervision,
do not carry out or restrict certain operations within the group, to ensure the
the capital increase at the level of the financial conglomerate or exchanged per person
or of the person in command of the mixed financial holding of the person
(b) presentation of information) for the purpose of exercising supplementary supervision
shorter time limits than in the implementing legislation.
(2) the lack of activity is for the purposes of this Act, the
and failure to provide information required for) the exercise of supplementary supervision or
provision of the information incomplete, false or misleading or
the deadline for their submission,
(b)) mixed financial holding control of the person or persons who
do not meet the conditions laid down in this Act,
c) such an operation within the group or risk concentrations, or other
action that might jeopardise the capital adequacy or solvency
or otherwise endanger the safety and stability of the controlled person in the financial
conglomerate, or which may damage the interests of policyholders, depositors
or other clients,
(d) other obligations laid down) violation of this Act or the
by decision of the Coordinator.
(3) The procedure for the imposition of corrective measures by the administrative code,
unless this Act provides otherwise.
(4) a participant in the proceedings for the imposition of corrective action is only concerned
mixed financial holding person. An appeal against the
the decision on the imposition of corrective action does not have suspensory effect.
(5) the procedure for the imposition of corrective measures can be initiated also by delivering
a decision on its imposition, if there is a risk of default.
(6) delivery into the hands of the person who is the subject of proceedings concerning
the imposition of corrective measures, does the Coordinator. If the person refuses,
that is a party to the proceedings, the decision on the imposition of measures to remedy the
take over, that decision delivered at the moment of this refusal.
section 28
Shortcomings in the activities of the regulated person
If there are deficiencies in the activities referred to in section 27 para. 2
the controlled person in the financial conglomerate, the supervisory authority shall proceed
against it regulated person in accordance with the specific legislation
governing the operation of her authorized activities.
section 29
The exchange of information
Supervisory authorities through mutual exchanges of information coordinated
How to store measures to correct the deficiencies in the
the activities of people in the financial conglomerate.
TITLE VII
ADMINISTRATIVE OFFENCES
section 30
(1) a natural person has committed the offence by
and) as a person of mixed financial holding
1. fails to comply within the time limit imposed corrective measures under section 27
paragraph. 1, or
2. does at the level of the financial conglomerate pursuant to § 23 was
paragraph. 1 the appropriate internal management and control system including
a suitable risk management system, reliable administrative and
accounting procedures,
(b)) as a mixed financial holding the person or any other person in the financial
the conglomerate, which is controlled by the person, fails to comply with an information
the obligation under this Act or provides incomplete information, the
false or distorted, or fails to comply with a time limit for their submission,
(c)) as a mixed financial holding the person or any other person in the financial
the conglomerate, which is controlled by the person, act or in its
as a result of
1. threatens the security and stability of the controlled person in the financial
the conglomerate or the fulfilment of its obligations to clients,
2. causes a violation of the legislation governing the operation of her
permitted activities regulated by a person in a financial conglomerate,
3. supplementary rules violation of prudent business in accordance with
This Act regulated by a person in a financial conglomerate, or
4. causes of the controlled person in the financial conglomerate's commitment to performance,
that is not proportional to the consideration provided or collateral, or to another
economically unjustified transactions
(d)) as the person in command of the person does not provide mixed financial holding
necessary documents or to assess its softphone support
competence, integrity and experience or to assess the changes
These facts.
(2) a legal person commits an administrative offense, by
and) as a person of mixed financial holding
1. fails to comply within the time limit imposed corrective measures under section 27
paragraph. 1, or
2. does at the level of the financial conglomerate pursuant to § 23 was
paragraph. 1 the appropriate internal management and control system including
a suitable risk management system, reliable administrative and
accounting procedures,
(b)) as a mixed financial holding the person or any other person in the financial
the conglomerate, which is controlled by the person, fails to comply with an information
the obligation under this Act or provides incomplete information, the
false or distorted, or fails to comply with a time limit for their submission,
(c)) as a mixed financial holding the person or any other person in the financial
the conglomerate, which is controlled by the person, act or in its
as a result of
1. threatens the security and stability of the controlled person in the financial
the conglomerate or the fulfilment of its obligations to clients,
2. causes a violation of the legislation governing the operation of her
permitted activities regulated by a person in a financial conglomerate,
3. supplementary rules violation of prudent business in accordance with
This Act regulated by a person in a financial conglomerate, or
4. causes of the controlled person in the financial conglomerate's commitment to performance,
that is not proportional to the consideration provided or collateral, or to another
economically unjustified transactions.
(3) for the offence referred to in paragraph 1 can be used to impose a fine of up to 50 0000 0000 CZK.
For the administrative offence referred to in paragraph 2 shall be fined up to $ 50 0000 0000.
section 31
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, after 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 severity of the administrative offense, in particular, to the manner of its perpetration, and his
consequences and the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the Coordinator 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 Act shall discuss the Coordinator.
(5) the income from fines is the State budget revenue.
TITLE VIII
THE COMMON AND THE ENABLING PROVISIONS
§ 32
Value expressed in this Act in euro in the period from 31 December 2006. December
for the year to 30. December of the following year is calculated on the United
the foreign exchange market CZK by applying the Czech National Bank, which has declared as
last in October of that year.
§ 33
The Czech National Bank will keep the Committee on financial conglomerates
the European Commission, on the principles that apply in the Czech Republic
in the supervision of operations within the Group and the risk concentration.
§ 34
For the implementation of § 21 para. 5, § 22 para. 6, § 24 para. 2, § 25 para. 5 and §
26 paragraph 2. 2 Czech National Bank Ordinance.
PART TWO
Amendment of the Act on banks
§ 35
Act No. 21/1992 Coll., on banks, as amended by Act No. 265/1992 Coll.,
Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll.
Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.
Act No. 16/1998 Coll., Act No. 125/1998 Coll., Act No. 167/1998 Coll.,
Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 320/2001 Coll.
Act No. 126/2002 Coll., Act No. 461/2003 Coll., Act No. 256/2004 Coll.
and Act No. 435/2004 Coll., is amended as follows:
1. In section 4, paragraph 4. 5 (b). g), the words "with close links to which it belongs
the founder with a qualified interest (Article 17a, paragraph 4) on the Bank "shall be replaced by
the words "persons with close links with the Bank".
2. in paragraph 4 of the paragraph 6 is added:
"(6) the close links, for the purposes of this Act, the
and) relationship between two or more parties, in which one of the people on the
second person direct or indirect share of the capital, whose
the sum represents at least 20%,
(b)) the relationship between two or more persons, in which one of the people on the
second person direct or indirect proportion of voting rights
the sum represents at least 20%,
(c)) the relationship between two or more persons, in which one of the people the other
a person controls or
(d)) the relationship of two or more persons, which controls the same person. ".
3. in article 16 paragraph 1. 2 at the end of the text of subparagraph (b)) a comma is replaced by
a semicolon and the following words "this obligation also has a branch of the foreign
the Bank, in respect of persons proposed to the management of the branch, ".
4. In Article 17a. 3, after the words "financial institutions" shall be replaced
"for the purposes of this Act".
5. in section 20, at the end of paragraph 6 the following sentence "the Czech National Bank
seeking the opinion of the competent supervisory authority, mutatis mutandis, in accordance with § 4 para. 2
up to 4, if the applicant has become a controlling person of the Bank. ".
6. § 25 para. 2 the second sentence, the words "the Bank or branch of a foreign
the Bank "shall be replaced by the word" persons ".
7. § 25 para. 2, the second sentence is inserted after the phrase "those persons are
required to allow checks on the spot and provide the competent
authority the necessary cooperation. ".
8. In section 25 is at the end of paragraph 2 the following sentence "the supervisory authority, that
asked about the implementation of on-site inspections, is entitled to participate in the
checks, if it does not implement itself. ".
9. in section 25a paragraph 1. 3, after the words "banking supervision" shall be inserted after
"or supplementary supervision of entities in a financial conglomerate ^ 6 d)".
Footnote # 6 d:
"6 d) Act No. 377/2005 Coll., on the supplementary supervision of banks,
spořitelními and úvěrními associations, electronic money institutions,
insurance companies and traders in securities in the financial conglomerates directive
and amending certain other acts (law on financial
conglomerates). ".
10. In section 26 c, the following paragraph 5 is added:
"(5) the persons included in the consolidated Group are required to allow the
perform spot checks in accordance with paragraph 4 and to provide the Czech national
Bank assistance necessary. ".
11. in section 26 d of paragraph 1. the letter a), b), c), (d)), e), (f)), and g) are added:
"and for the consolidation of the controlling group), units of the Bank or a group of financial
the holding of a person or group of persons, the joint holding
consolidated accounts for at least two persons,
(b)) the controlling Bank Bank whose controlled entity or associated persons
are banks, financial institutions or undertakings offering ancillary banking
services,
(c)) is a financial holding the controlling entity, the person who
1. a financial institution other than an insurance undertaking or a reinsurance undertaking,
2. a person is not a mixed financial holding, according to a special legal
prescription ^ 6 d) and
3. controls or predominantly Bank or financial institution, and
at least one person is a Bank,
(d)) mixed-activity holding the controlling entity, the person who is not a Bank,
financial holding the person or person of mixed financial holding
under special legislation ^ 6 d), with at least one of her
the controlled entity is a Bank,
(e) controlling the Bank Group) group formed by the Bank and its controlled
persons and associated persons,
(f) the financial holding group) person group formed by the financial
holding a person and its controlled entities and associated persons,
g) by a group of mixed-activity holding persons group composed of mixed
holding a person and its controlled entities and associated persons ".
12. in section 26 d of paragraph 1. 1 letter h) is added:
"h) associated with the person of the person in which the other person has significant influence,
which means such a significant influence on the management or operation of the
the undertaking of this person, who is not in control, is only temporary and the
the aim is to participate in the business of that person; direct or indirect interest
being assessed separately, or their sum representing at least 20% of the
the capital or the voting rights is always considered
significant influence, unless it is about control. ".
13. in section 26e para. 2 the first sentence and in (c). and), the word "society"
replaced by the word "persons".
14. in section 26e, the following paragraph 3, including the footnotes.
6E:
"(3) if the controlling Bank or financial person holding office within the
a State which is a Member State of the European Union, Czech National Bank
before deciding on whether to waive the exercise of banking supervision at the
a consolidated basis over that consolidation, total requests
the opinion of the supervisor of the Bank with its registered office in another Member State
The European Union, which is a member of the same consolidated Group, and the Advisory
Committee for banking ^ 6e). If it is not exercised or banking supervision
comparable supervision on a consolidated basis over that consolidation
in total, the Czech National Bank may request the establishment of a financial holding
persons on the territory of the Czech Republic or another Member State of the European Union.
Procedure referred to in the previous sentence, the Czech National Bank shall notify the supervisory authority
over a bank based in another Member State of the European Union, which is
a member of the same consolidated Group, and the Commission of the European communities.
6E) article 56(a) of the European Parliament and Council Directive 2000/12/EC of the European
March 20, 2000 on the access to the activity of credit institutions and
performance, as amended by Directive 2002/87/EC ".
15. in section 26 g of paragraph 1. 3, the word "company" shall be replaced by "person".
16. in section 26 g, the following paragraphs 4 to 6 shall be added:
"(4) the financial holding a person is required to ensure that its
a statutory body, a member of the statutory body or other
a natural person who alone or together with other persons, controls the activity of the
financial holding the person or legal entity, which is its
a statutory body or a member, (hereinafter referred to as "the person in the lead") was
the person trusted, experienced enough for the performance of its functions and to
providing the requirements for the financial holding in
of this Act.
(5) the financial holding in advance, inform the person of the Czech National Bank on the
proposed changes to the people in leadership and at the same time it shall submit the supporting documents
proving the credibility and experience of the proposed individuals. The person who
the newly become financial holding person, is obliged to fulfil the
the obligation on the people in her leadership within 2 months from the date on which it becomes
financial holding person, otherwise, it is considered that persons in the management of this
the financial holding of a person do not meet the established requirements. At issue
a natural person is required to provide the necessary financial holding person
handouts and synergy. Documents confirming the credibility and experience of the
people in the lead financial holding of the person modifies the Czech National Bank
by Decree.
(6) the Czech National Bank may require financial holding person
replacement of the person in the lead financial holding of the person if the person is
It is not sufficiently experienced or trusted. ".
17. in paragraph 2 of section within 26 h. 2, the word "company" shall be replaced by "person".
18. In paragraph 29, the following shall be added at the end of paragraph 3 the sentence, which including notes
footnote # 6f, 6 g and 6 are added:
"This decision does not affect the rights and obligations arising from the
^ 6f) financial collateral under a special legal regulation ^ 6 g) or
According to the foreign law, that the Bank or
granted. Without prejudice to the possibility to perform not as well the final settlement by
special legislation governing business on the capital
^ market 6 h).
6F) directive of the European Parliament and of the Council 2002/47/EC of 6 May 1999. June
2002 on financial collateral agreements.
6 g) commercial code.
6 h) Act No. 256/2004 Coll., on the capital market, as amended by
amended. ".
19. in paragraph 4 of section 29 reads:
"(4) if the administrator is a debt of the Bank, shall notify this fact to the
the Czech National Bank immediately and provide it with documents certifying this
fact. ".
20. In paragraph 30 of the present text shall become paragraph 1 and the following
paragraphs 2 to 5 shall be added:
"(2) if it is to be put in receivership in the Bank, which has a branch on the
the territory of the host Member State shall inform the supervisory authority of the Czech National Bank
of the host State of the intention to introduce compulsory administration and of any
limitation of waste deposits; provide this information prior to the release
decision or immediately afterwards, if the thing does not tolerate delay. Information
also contains a warning of the possible consequences of the introduction of the Administration,
where appropriate, limitation of waste deposits.
(3) the administrator shall exercise its powers under this Act and on the territory of the
other Member States of the European Union with the exception of the use of coercive
funds or other use of force and binding powers to adjudicate disputes
or other proceedings to which the competent courts or administrative authorities
of that State.
(4) the administrator shall carry a certified copy of the decision on the introduction of
the Administration without its higher validation with a translation into an official language of
of that State, if that is required. According to the Manager exercises its options
the powers under this Act and on the territory of third States.
(5) in exercising its powers to the territories of the Member States of the European Union
the administrator is governed by the laws of that State, in particular concerning the procedures for the
the sale of assets and the provision of information to employees. If there is a
According to the legislation of that State needed to fulfill the purpose of the compulsory
Administration, the administrator is required to apply to the indication of the Administration was
entered in the land register, the trade register or in another
the public register. The cost of the implementation of the registration shall be charged to the Bank. ".
21. section 33 is added:
"§ 33
(1) the receivership ends
and the delivery of the decision) of the Czech National Bank about the termination of the receivership,
(b) the appointment of a liquidator)
(c) the Declaration of bankruptcy, or)
(d)) the expiration of 24 months from the administration.
(2) the Administration does not end detention of license Bank. ".
22. in section 34 para. 1, after the words "foreign banks" the words "or
during the decline of the Bank ".
23. in § 37 para. 2 the first sentence, after the words "persons"
the words "including social security number, if one has been assigned."
24. section 38b is inserted:
"§ 38
"Details that are otherwise subject to bank secrecy, the Bank may
provide, if it is necessary for the purposes of supervision or supervision in the
consolidated or supplementary supervision ^ 6 d). ".
25. In paragraph 38d paragraph. 1 (b). (f)), the word "companies" shall be replaced by
"persons".
26. in section 38e, paragraph 2 shall be deleted and shall be deleted at the same time marking
of paragraph 1.
27. in the last sentence of section 38f are replaced by the phrases "the same is true in the case of
intention to withdraw a bank branch located outside the territory of the Member
States of the European Union, if the Bank has a branch within its territory; in that
the case of the Czech National Bank seeks to coordinate its activities with the
the competent authorities in the Member States of the European Union. ".
28. Under section 38f the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Czech National Bank immediately informs you about the Declaration of bankruptcy
assets of the Bank or branch of a foreign bank established outside the territory of the
Member States of the European Union, the competent supervisory authority of the Member State
The European Union, in which the Bank or a foreign bank branch. ".
29. in paragraph 38 h of paragraph 1. 2 (a). (e)), the word "companies" shall be replaced by
"persons".
30. In § 39 para. 1, after the words "§ 38 paragraph 1(a). 2, 3, 4 and 6 "shall be replaced
"and section 38b".
31. In article 41 c of paragraph 1. 3 (b). and) the word "address" shall be inserted after the words
"and the date of birth or social security number" shall be replaced by the words "social security number, and
If it has not been assigned, date of birth ".
section 36
Transitional provision
The person who became financial holding person before the date of the acquisition of
the effectiveness of this law, is obliged to submit to the Czech National Bank
documents confirming the credibility and experience of the persons in its leadership in the
the meaning of § 26 para. 4 of law No. 21/1992 Coll., and within a period of 2 months
from the date of entry into force of the Act on the financial conglomerates directive.
PART THREE
Amendment of the Act on Česká národní banka
§ 37
Act No. 6/1993 Coll. on Česká národní banka, as amended by Act No. 61/1993
Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., constitutional
the Court declared under no. 276/2001 Coll., Act No. 483/2001 Coll., Act
No 127/2002 Coll. and Act No. 256/2004 Coll., is amended as follows:
1. In article 38 paragraph 2. 1, after the words "next to the words" bank ",
savings and credit cooperatives ^ 4a) ".
Footnote 4a is added:
' 4a) Act No. 21/1992 Coll.
Act No 87/1995 Coll. ".
2. In article 38 paragraph 2. 3 (b). a) after the word "banks", the words "and
spořitelními and úvěrními associations "and after the word" bank "with the words
"credit unions".
3. In article 38 paragraph 2. 3 (b). (b)) after the word "banks", the words "and
spořitelními and úvěrními associations ".
4. In § 41 para. 2 (a). (b)), after the words "which is performed by the Bank
supervision, "the words" or people in a financial conglomerate ^ 9b) ".
Footnote # 9b:
"9b) Act No. 377/2005 Coll., on the supplementary supervision of banks,
spořitelními and úvěrními associations, electronic money institutions,
insurance companies and traders in securities in the financial conglomerates directive
and amending certain other acts (law on financial
conglomerates). ".
5. In § 41 para. 4 the second sentence, after the words "consolidated Group"
the words "or of the financial conglomerate" and after the words "
consolidated supervision "shall be inserted the words" or of the supplementary supervision
under special legislation ^ 9b) ".
6. In paragraph 44, the following paragraph 3 is added:
"(3) the Czech National Bank shall exercise the supplementary supervision of banks and other
entities in the financial conglomerates directive in the scope of the specific
legal regulation of ^ 9b). ".
7. In paragraph 45, after the word "supervision", the words "and the supplementary supervision
of the banks and other entities in the financial conglomerates directive in the scope of
provided for special legislation ". ^ 9b)
PART FOUR
cancelled
§ 38
cancelled
the title launched
§ 39
cancelled
PART FIVE
Amendment of the Act on capital market
section 40
Act No. 256/2004 Coll., on the capital market, as amended by law
No 635/2004 Coll. and Act No. 179/2005 is amended as follows:
1. In section 8 paragraph 1. 1 (b). and (2)), the word "Bank" shall be replaced by
"credit institutions [§ 151 paragraph 1. 1 (b). l)] or financial institutions [§
paragraph 151. 1 (b). k)]".
2. In paragraph 68 (a). and) the words "and repealed a stock trade" shall be deleted.
3. In paragraph 69, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) a stock transaction concluded under the preceding paragraph cannot change
Cancel. ".
4. In section 93 para. 2, letter b) the following point (c)), which read as follows:
"(c)) the operator of a securities settlement system, if a leading this register for
investment instruments referred to in section 93 para. 1 (b). b) to (d)), which is
authorized to settle claims and liabilities of shops ".
Subparagraph (c)) and (d)) shall become points (d) and (e)).)
5. In section 93 para. 2 (a). e), the words ") to c)" shall be replaced by ' a), (b))
and (d)) ".
6. In section 93 para. 3 the letter b) the following point (c)), which read as follows:
"(c)) the operator of a securities settlement system, if a leading this register for
investment instruments referred to in section 93 para. 1 (b). b) to (d)), which is
authorized to settle claims and liabilities of shops ".
Subparagraph (c)) to e) shall become letters (d)) to (f)).
7. in paragraph 93. 3 (b). e), the words ") to c)" shall be replaced by ' a), (b)), and
(d)) ".
8. In § 103 para. 4 letter a) is added:
") can determine the conditions which must be fulfilled by the applicant before the start of
the leadership of the central register of securities or comply with its
leadership ".
9. In § 111 paragraph. 1, after the word "papers", the words "on the basis of the
the contract with the issuer ".
10. In the ninth in the title of title II, the words "and the supplementary
supervision ".
11. In paragraph 150, the following paragraph 3 is added:
"(3) the supplementary supervision means supervision exercised by a special
law on the supplementary supervision of financial conglomerates. ".
12. In article 151 paragraph 1. 1 (d)), e), s) and k) are added:
"(d)) financial holding person, financial institution, other than an insurance undertaking,
which controls exclusively or mainly traders in securities, the Bank
or financial institution, where at least one person is her
as a dealer in securities, which is not a Bank, and which is not a mixed
financial holding company within the meaning of the special legal regulation
on the supplementary supervision of financial conglomerates,
(e)) mixed-activity holding the controlling entity, the person who is not a Bank,
financial holding company or dealer in securities or
mixed financial holding a person within the meaning of the special legal
the rules on the supplementary supervision of financial conglomerates and which controls
at least one brokerage house, which is not a Bank,
j) associated with the person of the person in which the other person has significant influence,
which means such a significant influence on the management or operation of the
the undertaking of this person, who is not in control, is only temporary and the
the aim is to participate in the business of that person; direct or indirect interest
being assessed separately, or their sum representing at least 20% of the
the capital or the voting rights is always considered
significant influence, unless it is a control,
k) a credit institution, a person whose activity or business consists in the
receive deposits or other repayable funds from the
to the public and to grant credits for its own account, or any person whose
activity or business involves the issuance of electronic money
resources, and that all, including foreign persons with similar fillings
activities ".
13. in paragraph 151, and the end of paragraph 1, the period is replaced by a comma and the following
the letter l) is added:
"l) a financial institution, a person who is not a dealer in securities
Neither the Bank, and that as a decisive or substantial activity
acquires or holds shares of, or legal persons as a
a controlling or substantial work is carried out one of the activities that
the Bank may exercise, with the exception of taking deposits or other repayable
funds from the public, and an investment company
Investment Fund, pension fund, insurance and reinsurance, which
carrying out activities in accordance with special laws, all including foreign
people with similar activity. ".
14. in paragraph 151, after paragraph 2, the following paragraph 3 is added:
"(3) If the Commission considers that the securities dealer, which
granted to the business, is a member of a group that could be
financial conglomerate, which has not yet been determined, it shall communicate its opinion
other supervisory authorities. The supervisory authorities shall determine by mutual agreement,
whether the group is a financial conglomerate, and which of them will be appointed
as the Coordinator for that financial conglomerate.
15. In the title of § 152 shall be added the words "and the supplementary supervision".
16. in § 152 paragraph 1. 1, after the word "basis", the words "and the supplementary
supervision ".
17. in § 152 paragraph 1. 3, after the word "basis", the words "and the supplementary
surveillance ".
18. in § 152 paragraph 1. 4 at the end of the introductory part of the text of the provisions complement
the words "and supplementary supervision".
19. in § 152 paragraph 1. 4 at the end of the text of subparagraph (a), the words "or)
the financial conglomerate ".
20. In § 152 paragraph 1. 4 (b). b) to (d)) for the word "whole" words
"or a financial conglomerate".
21. In the heading of section 154 shall be added the words "and supplementary supervision".
22. in paragraph 154, the following paragraph 4 is added:
"(4) the persons included in the consolidated Group, or financial
the conglomerate are obliged to allow the conduct of inspections under section 152, and
provide the Commission with the necessary cooperation. ".
23. in paragraph 176, in the title, the words "and supplementary supervision".
24. In paragraph 176 of the introductory part of the provisions for the word "basis"
the words "and supplementary supervision".
25. In section 176 (c). (d)), the word "or" is deleted.
26. section 197:
"§ 197
The final settlement means the contractual agreement according to Czech or
foreign law,
and that can be evidenced in writing) or another record, enabling the preservation of
information,
(b)) that applies to the mutual claims of the parties, including the
accessories of such claims from the stores, their subject
exclusively the funds, investment vehicles, investment law
the associated or commodities, including conditional receivables and
the claims, which have or should only arise (hereinafter referred to as
"the mutual claims of the parties"), and
(c)) by which, in the event that the agreed fact occurs, the
demise and replacement, or to offset yet either, or even
payable to the mutual claims of the parties so that the result will be the only
the claim in the amount of the difference between the aggregate amount of estimated current
the values of mutual claims of the parties; way to estimate current values
mutual claims of the parties, to which must be an estimate of the
executed, and the manner and term of settlement must be negotiated in a Contracting
the arrangement of the final settlement and must not be contrary to the practice in the
the relevant financial markets. ".
27. in paragraph 202, the following paragraphs 7 and 8 shall be added:
"(7) the issuer of the book-entry securities, which are kept in the register
The Centre of securities to the date on which this recording takes on the Central
the depositary is obliged to enter into a contract with a CSD under §
paragraph 111. 1 for each issue of book-entry securities. This agreement
the issuer is obliged to conclude no later than one month from the date on which the
CSD is to carry out its activities under this Act. In
the event that the issuer does not conclude the contract within this period, there is no central
the depositary shall be obliged to issue a statement of the issuer, issue, or make a
at his command the registration in the register of emissions. The central depository in the same
the time of each issue shall be assigned ISIN investment instruments, which took into
their records and that has not yet been assigned ISIN.
(8) the CSD to open negotiations on the conclusion of the contract in accordance with
paragraph 7, at the latest within 1 month from the date of acquisition of legal power to enable
its activities. In the case that a CSD in this period of negotiations on the
the contract may extend the period within which the issuer is
pursuant to paragraph 7 shall be obliged to enter into this agreement, for 6 months. In this
the case is the Central Depositary to open negotiations for the conclusion of the
the contract pursuant to § 111 paragraph. 1 without undue delay after it starts
carry out its functions under this Act. ".
PART SIX
Amendment of the Act on savings and credit cooperatives
§ 41
Act No 87/1995 Coll., on savings and credit cooperatives and some
measures related to it and the law of the Czech National Council
No. 586/1992 Coll., on income taxes, as amended in
amended by Act No. 100/2000 Coll., Act No. 406/2001 Coll., Act No.
212/2002 Coll., Act No. 256/2004 Coll. and Act No. 283/2004 Coll., is amended
as follows:
1. in paragraph 8 of section 1, including footnote No 2:
"(8) On the credit unions for the purposes of information, by analogy,
subject to the rights and obligations of banks under the law on banks ^ 2)
unless otherwise provided by this Act. Stop Enterprise záložnou
or part thereof is not permitted.
2) Act No. 21/1992 Coll., on banks, as amended. ".
2. In article 1 (1). 9, the second sentence shall be deleted.
3. In paragraph 1, the following paragraphs 10 and 11 shall be added:
"(10) for the purposes of this Act, the close links means a
and) relationship between two or more parties, in which one of the people on the
second person direct or indirect share of the capital, whose
the sum represents at least 20%,
(b)) the relationship between two or more persons, in which one of the people on the
second person direct or indirect proportion of voting rights
the sum represents at least 20%,
(c)) the relationship between two or more persons, in which one of the people the other
a person controls or
(d)) the relationship of two or more persons, which controls the same person.
(11) the provisions of this Act applicable to the Member States of the European
the Union shall also apply to other States of the European economic area,
If so, it is apparent from an international treaty that was approved by the
Parliament, ratified and promulgated, and which the Czech Republic is bound,
or from similar international agreements, which entered into force before 1.
January 1993. ".
4. in section 1, the following new section 1a, including footnote # 3b
added:
' section 1a
(1) for the purposes of this Act, means the
and) credit institution activity or a person whose business consists in the
receive deposits or other repayable funds from the
to the public and to grant credits for its own account, and the person whose activity
or business consists in the issuance of electronic money,
all of this, including foreign persons with similar activities,
(b)) a financial institution a person different from a credit institution which, as
his decisive or substantial activity acquires or holds shares on
legal entities, or as a decisive or significant
activity executes one or more activities carried out by credit
institutions, with the exception of taking deposits or other repayable
funds from the public, including all foreign persons with
a similar activity,
(c) a person associated with the person) in which the other person has significant influence,
which means such a significant influence on the management or operation of the
the undertaking of this person, who is not in control, is only temporary and the
the aim is to participate in the business of that person; direct or indirect interest
being assessed separately, or their sum representing at least 20% of the
the capital or the voting rights is always considered
significant influence, unless it is a control,
(d)) mixed financial holding the controlling entity, the person who is not
controlled by a person and that, together with its controlled entities, each of which is
at least one controlled person ^ 3b), located on the territory of the Member State
[the letter m)], and by other persons constitutes a financial conglomerate pursuant
special legal regulation ^ 1b),
e) controlling person the person to whom the controlled entity or associated persons
are credit institutions, financial institutions or undertakings
ancillary banking services or insurance or reinsurance undertakings or
traders in securities,
f) financial holding the controlling entity, the person who
1. a financial institution other than an insurance undertaking or a reinsurance undertaking,
2. a person is not a mixed financial holding, according to a special legal
the rules on the supplementary supervision of financial conglomerates ^ 3b) and
3. controls exclusively or mainly credit institutions or financial
institution, where at least one person is a credit institution,
g) mixed-activity holding the controlling entity, the person who is not a credit
institutions, financial person or a mixed financial holding
holding a person under special legislation on the supplementary
supervision of financial conglomerates ^ 3b), with at least one of her
the controlled entity is a Bank,
(h) controlling the credit institution group) group formed by the credit
institutions, its controlled entities and associated persons,
I) group controlling the financial institutions group formed by the financial
institutions, its controlled entities and associated persons,
j) of the financial holding group persons group formed by the financial
holding a person, its controlled entities and associated persons,
consolidation group total) controlling a credit institution, or
Group financial holding of a person or a group of mixed holding
persons, the consolidation all have a minimum of 2 persons,
supplementary supervision supervision l) exercised under a special legal
prescription ^ 3b) above the financial conglomerates,
m) European Union Member State, the Member State of the European Union or other
State representing the European economic area.
(2) in the case where custody of persons within the consolidated entity are
such a character that it is not possible to uniquely identify a controlling person
or its type, the Office is authorized to determine, in agreement with the competent authority of the
supervision of credit institutions or financial institutions
controlling person of the consolidated group or its type.
3B) Law No. 377/2005 Coll., on the supplementary supervision of banks,
spořitelními and úvěrními associations, electronic money institutions,
insurance companies and securities dealers in financial conglomerates and
amending certain other acts (the Act on the financial conglomerates directive). ".
Former footnote No. 3b and 3 c are referred to as comments below
line # 3 c and 3d, including references to footnotes.
5. In Article 2a, paragraph 2. 6 (a). g), the words "with close links to which it belongs
the founder with a qualified participation (Section 2b, paragraph 1) for a cooperative
the savings bank "shall be replaced by" people with close links to cooperative
záložnou ".
6. In section 2b, paragraph 1. 3 the first sentence, the words "20% or 33%" is replaced by
"20%, 33% or 50%" and the tenth in the sentence, the words ' 33%, 20% or 10% "
shall be replaced by "50%, 33%, 20% or 10%".
7. in section 2b, paragraph 1. 5 the first sentence, the words "or in violation of § 1 (1).
9 second sentence, ' shall be deleted.
8. the following paragraph shall be inserted after paragraph 2i 2j, which reads as follows:
"§ 2j
Cooperative savings bank in granting the authorization group
(1) prior to the granting of an authorisation to a business cooperative savings bank, which is
and) controlled by a different person from another Member State,
b) controlled by another person, which is controlled by a person from another
Member State, or
c) controlled by the same person that controls the person from another Member
State,
the Office is obliged to request the opinion of the supervisory authorities or the supervision of the
Member States where it has a controlling person of the registered office or a branch office.
(2) the competent authorities referred to in paragraph 1 shall inform each other, in particular when
assessment of the suitability of the members, managers, supervised persons and
continuously exchange information important in granting permission to
activities and supervising their activities. ".
9. in section 3, paragraph 3. 1 (b). (h)), the words "exchange activities for members
the granting of licenses under special legislation ^ 3 c) "shall be replaced by
"the purchase and sale of foreign currency for the members".
Footnote. 3 c, including a link to this note shall be deleted.
10. in section 8a, the following paragraph 4 is added:
"(4) a controlling person is required to ensure the audit information
passes for the purposes of supervision on a consolidated basis. The scope of information
passed the controlling entity for the purposes of supervision on a consolidated
basis, including the method and periodicity of their passing, provides
the Decree. A controlling person of the Office of the auditor shall notify in advance and in the audit
the company, which will perform the audits of the people included in the consolidation
the whole. The authority shall apply pursuant to paragraph 2 ".
11. under section 13 shall be added to § 13a is inserted:
"§ 13a
The provisions of section 20b 20 c and the Act on banks and the provisions of the law,
the Czech National Bank which provides the technical procedures of banks when the appeal and the
settling, apply to the credit unions by analogy. ".
12. in paragraph 22 of the dot at the end of paragraph 4 is replaced by a comma and the following
subparagraph (d)) to (i)), which read as follows:
"(d)) the fact that the Credit Union has become controlled by a person
governed by the law of the State which is not a Member State of the European Union, and on the
the structure of the consolidated Group, which this Credit Union
part of,
e) discriminatory measures that are applied against the cooperative
unions in setting up branches in States which are not Member State
The European Union,
f) financial holding entities, in which the Credit Union
an employee,
g) agreements under section 25 c,
h) use the procedure under § 28 against the branch where the matter does not tolerate
the delay is necessary in the interests of the members,
I) all entities included in the consolidation, which is a cooperative
a Credit Union. ".
13. in section 22, the following paragraphs 5 to 7, including the footnotes
# 18:
"(5) the authority shall inform without delay the Declaration of bankruptcy
credit unions a competent authority of a Member State of the European
the Union, in which the credit union branch ^ 18). The Office seeks to
coordination of its activities with supervisors or surveillance of all Member
States of the European Union, in which the credit union branch.
(6) the authority shall inform the Commission of the European communities at the request of the
request
and) persons controlled by person governed by the law of a State which is not a Member
State of the European Union for authorisation,
(b)) of the person governed by the law of a State which is not a Member State of the European
the Union, or a person controlled by a person governed by the law of a State which is not
Member State of the European Union, on the acquisition of a holding in the cooperative
the savings bank as a result of the applicant would become the controlling entity
Cooperative Union.
(7) the authority may request on-site inspection by supervised persons on
the territory of the host Member States. These persons are obliged to allow the implementation of
on-site inspections and to provide the necessary synergies. If the Office of the
perform the check he asked, is entitled to participate, if this
control does not implement itself.
18) § 66g para. 1 to 3 of Act No. 328/1991 Coll., on bankruptcy and settlement,
as amended by law No 377/2005 Coll. ".
14. under section 22 shall be added to § 22a is inserted:
"§ 22a
(1) the authority shall cooperate with supervisory authorities of other States, especially those on
whose territory the credit union branch.
(2) the authority shall provide to the supervisory authorities referred to in paragraph 1, in particular, information
and) shares cooperative savings bank,
(b)) on the management of the credit unions,
(c) the capital adequacy indicator) and a consolidated indicators
capital adequacy,
d) important for the supervision of these credit unions, in particular in the
liquidity, solvency, deposit insurance, capital
adequacy, consolidated supervision, accounting, internal control and
monitoring the risks incurred by the out of the open positions in financial markets on
the territory of the Czech Republic or in the territory of the State in whose territory the cooperative
the Credit Union had these risks.
(3) the authority may request the information referred to in paragraph 1 after the supervisory authority
the State on whose territory the credit union branch or in whose territory the
is the person controlling the credit union or the person controlling
the person who controls the Cooperative Union. ".
15. in section 25a paragraph 3 reads:
"(3) for the breach of confidentiality does not constitute the provision of
information obtained in connection with the performance of the supervision of a supervisory authority or
supplementary supervision of entities in a financial conglomerate ^ 3b) or
supervision of financial institutions or financial markets or credit
institutions, in the home State, the authority of the law in criminal proceedings and
authority of supervision of credit unions or the supplementary supervision of
entities in a financial conglomerate, or financial institutions, or
financial markets or credit institutions, in another State. ".
16. in section 25a, the following paragraphs 8 and 9 are added:
"(8) the information covered by the obligation of professional secrecy, may
the Credit Union to provide, if it is necessary for the purposes of supervision, or
supervision on a consolidated basis, or supplementary supervision) Authority ^ 3b
that this supervision.
(9) the information covered by the obligation of professional secrecy, the cooperative
a Credit Union to provide, if it is necessary to provide the controlling person for
to prepare statements on a consolidated basis. ".
17. in section 25a the following new Section 25b to 25 d are inserted:
"§ 25b
(1) the supervision on a consolidated basis shall mean the monitoring and regulation of
consolidation of units, which is a Credit Union,
in order to reduce the risks to which the Credit Union is exposed to from
in terms of its participation in the consolidation.
(2) supervision on a consolidated basis is not the supervision of individual
the persons included in the consolidated Group and does not replace the power
supervision on an individual basis over credit unions according to the
This Act nor the supervision of credit institutions in accordance with special
legislation.
(3) in the exercise of supervision on a consolidated basis, the Office cooperates with the
authorities in the supervision of credit institutions in the Czech Republic or with
supervisors of credit unions or credit or
financial institutions abroad and has the right with these authorities
Exchange information. The provisions of § 25a shall remain unaffected.
(4) the authority may, for the purpose of exercising supervision on a consolidated basis
perform a check on the spot in the persons included in the consolidated Group
or ask for its implementation of a competent authority. The Office shall inform the
begin, end, and the results of on-site inspections the competent supervisory authority
above the controlled person. The provisions of § 25a shall remain unaffected.
(5) persons included in the consolidated Group are required to allow the
perform spot checks in accordance with paragraph 4 and to provide the Office of the
the necessary cooperation.
section 25 c
(1) the authority may waive the exercise of supervision on a consolidated basis over the
consolidation in total, over which is supervised or comparable
supervision on a consolidated basis of the supervisory authority or supervision in the Czech Republic
or in another State. The Office may agree the conditions of supervision on
consolidated basis, with that authority.
(2) the competent supervisory authority to the country of residence of the credit unions
or a credit or financial institution, unless otherwise agreed, the authority does not exercise
supervision of the financial holding group persons established in another
the Member State of the European Union where
and) belong to this group of the financial holding of the person is the Credit Union
with registered offices in that State, or
b) belong to this group is a credit union based in another Member
State of the European Union, which the Credit Union is based in the United
Republic, which is a member of the group, has compared to this cooperative
záložnou lower balance sheet total; they have both credit unions as well
high balance sheet total, if the Credit Union is based in the United
Republic has received a permit later.
(3) If a credit union or a financial holding a person based in the
a State which is a Member State of the European Union, the Office prior to the decision
on whether to waive the exercise of supervision on a consolidated basis over that
consolidation, total requests the opinion of the supervisory authority established in
another Member State of the European Union, which is a member of the same
the consolidated Group, and the Commission of the European communities. If it is not
supervised or comparable supervision on a consolidated basis over the
This consolidation total, the Office may require the establishment of a financial
the holding company on the territory of the Czech Republic or another Member
State of the European Union. If so, it shall notify the authority of the
supervision of a credit institution with headquarters in another Member State
The European Union, which is a member of the same consolidated Group, and the Commission
Of the European communities.
§ 25 d
(1) the controlling entity, whose consolidation units is
the Credit Union, are required to abide by the rules of prudent
business persons on a consolidated basis. These rules and
the extent to which these rules are subject to individual types of controlling
people, the Ministry of Finance shall lay down by Decree.
(2) the persons included in the consolidated Group are required to communicate to the Office
directly or through the controlling person all the information needed
for the implementation of the supervision on a consolidated basis. The way forward
information, the scope and periodicity of the Ministry of Finance shall lay down by Decree.
(3) persons included in the consolidated group must create the corresponding
control mechanisms to ensure the accuracy of the information provided for
purposes of supervision on a consolidated basis.
(4) the financial holding person, part of whose consolidation unit is
the Credit Union is required to ensure that its statutory authority,
a member of the statutory body or another natural person who
alone or together with other persons, controls its operation or operation
the legal person who is its statutory authority or its Member,
(hereinafter referred to as "the person in the lead"), the person was sufficiently trusted, experienced
and competent for the performance of its functions and to ensure the requirements of the
arising for financial holding a person from this Act. If there is a
financial holding person, a natural person who does not meet these
assumptions, is required to ensure compliance with the requirements arising from the
This Act by a person or persons to whom these assumptions
meet ("the person in the lead"). Financial holding the person in advance
inform the Office about proposed changes to the people in leadership and at the same time he
shall submit the documents confirming competence, credibility and
the experience of the proposed individuals. A person who has newly become a financial
holding a person is obliged to fulfil the obligation to respect people in
its leadership within 2 months from the date on which it becomes a financial holding
person, otherwise, it is considered that the person in the management team do not meet the established
assumptions. The individual concerned is liable to a financial holding person
provide necessary documents and assistance. The list and the content of documents
demonstrating professional competence, credibility and experience of the persons in the
lead financial holding entities and their authentication method provides
the Decree. The Office may require the financial holding person, part of
the consolidated Group which is a Credit Union, the exchange of persons in
lead financial holding of the person if the person is not sufficiently
competent, experienced or trusted. ".
18. in section 27b, at the end of the letter p) dot is replaced by a comma and the following
the letter r) shall be added:
"r) fail to provide required information for the purposes of supervision on a consolidated
the basis of the information incomplete, untrue or distorted,
where applicable, fails to meet the deadline for their submission.
19. section 27 e is inserted after section 27f:
"section 27f
(1) a lack of in the activities of the person included in the consolidated Group,
that is not a cooperative záložnou, means the
violation or circumvention of) this Act or special legislation
regulations,
(b)) the implementation of the stores within the consolidated group or externally
in a way that harms the interests of the members of the credit unions, which is
included in the consolidated Group, or threatens its security, and
stability.
(2) if the Office finds deficiencies in the activities of the person included in the
the consolidated Group, which is not a Bank, which can adversely affect the
the management of the credit unions, which is part of the consolidated Group,
It is entitled to in relation to the controlling person according to the nature of the identified
the lack of
and) require that jumped into the correction within the time limit,
(b) ensure extraordinary audit) requires a person who is part of the
the consolidated Group, at the expense of the controlling entity,
(c)) prohibit or restrict the execution of operations with persons who are part of the
the same consolidated Group. ".
20. In article 28, paragraph 2, the following paragraph 3, including the
footnotes # 18b-18 d is added:
"(3) the Measures referred to in paragraph 1 (b). a) to (c)) shall not affect the rights and
the obligations arising from a financial collateral ^ 18b) under a special
^ law 18 c), or by foreign legislation, which
the Credit Union has provided or has been provided. This measure
It also does not affect the ability to perform the final settlement by the Special
legislation governing the capital market ^ 18 d).
18B) directive of the European Parliament and of the Council 2002/47/EC of 6 May 1999. June
2002 on financial collateral agreements.
18 c) of Act No. 513/1991 Coll., the commercial code.
18 d) Act No. 256/2004 Coll., on the capital market, as amended by
Act No. 633/2004 Coll. ".
Paragraphs 3 to 12 shall become paragraphs 4 to 13.
21. in paragraph 28, the following paragraph 2 is added:
"(14) the authority is also entitled to
and the conduct of the authorities) participate in other legal entities that are closely
linked to the cooperative záložnou,
(b) in the exercise of supervision) to enter into the premises of the person who is closely
linked with the cooperative záložnou, and require the submission of documents and
explanations related to the subject of the inspection. ".
22. in section 28b of para. 2 (a). (b)), the word "Administrator" shall be replaced by
"a receiver and a receiver representative".
23. in section 28b shall be added to paragraph 4 to 7 shall be inserted:
"(4) is to be introduced to the receivership in cooperative savings bank, which has
a branch within the territory of the host Member State shall inform the supervisory authority
host State of the Administration and of any restrictions
waste deposits; provide this information before taking a decision
or, if the matter does not tolerate delay, immediately thereafter. The information includes the
warning of the possible practical implications of the introduction of the Administration and
a possible limitation of waste deposits.
(5) the representative shall represent the receiver a receiver in the event of its
the absence of the full extent of its powers and responsibilities. The provisions of the
This Act relating to the administrator shall apply mutatis mutandis to the
representative.
(6) the trustee shall exercise its powers under this Act and the
the territory of the other Member States of the European Union, with the exception of the use of
coercive means or other use of force and powers of binding
disputes or other proceedings, the courts or
the administrative authorities of the State concerned. Fiduciary, shall officially
a certified copy of the decision of the Administration without its higher
authentication with a translation into the official language of the State concerned, if there is
required. Administrator if possible, exercise the powers referred to in this
the law on the territory of third States.
(7) in exercising its powers to the territories of the Member States of the European Union
a fiduciary governed by the laws of that State, in particular concerning the
procedures for the realisation of assets and the provision of information to employees.
If, under the legislation of that State, necessary for the performance
the purpose of the Administration, is a fiduciary obliged to request that the indication of the
Administration has been entered in the land register, the trade
register or in another public register. The cost of the implementation of the registration
shall be charged to the credit unions. ".
24. In paragraph 28, the following shall be added at the end of paragraph 3, the phrase "this decision
shall not affect the rights and obligations arising from a financial
ensure ^ 18b) under a special legal regulation ^ 18 c) or by
foreign legislation that provided the Credit Union, or
It was granted. Without prejudice to the possibility to perform the final is also
compensation under special legislation governing business on
capital market ^ 18 d). ".
25. section 28 d paragraph 4 is added:
"(4) if the fiduciary is a debt credit unions, shall notify the
the authority without delay and at the same time providing supporting documents
attesting to this fact. ".
26. in section 28f, the following paragraph 3 is added:
"(3) the Administration does not end in detention to enable cooperative savings bank.".
27. In article 28 g of paragraph 1 reads:
"(1) the persistence of serious shortcomings in the business of the cooperative
unions or the decline of credit unions, the authority shall withdraw the authorisation;
This measure may not be preceded by the introduction of the forced administration. ".
28. In article 28i shall be replaced with a comma at the end of a period and the following subparagraph (d))
and (e)), which read as follows:
"(d) the extent of the information to be transmitted) the controlling entity for the purposes of supervision on a
a consolidated basis, including the method and periodicity of their transmission
pursuant to section 8a,
(e) the list and content of documents) demonstrate professional competence,
the credibility and experience of the persons in the leadership of the financial holding of the person
According to § 25 d. ".
Transitional provision
§ 42
The Credit Union is within 6 months from the date of entry into force of this
the law of the Czech National Bank shall provide all the data for the needs of
information database according to the law on banks.
PART SEVEN
Amendment of the Act on bankruptcy and settlement
§ 43
Act No. 328/1991 Coll., on bankruptcy and settlement, as amended by Act No.
122/1993 Coll., Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act No.
117/1994 Coll., Act No. 154/1994 Coll., Act No. 224/1994 Coll., Act No.
84/1995 Coll., Act No. 94/1996 Coll., Act No. 151/1997 Coll., Act No.
12/1998 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
105/2000 Coll., Act No. 211/2000 Coll., Act No. 367/2000 Coll., Act No.
370/2000 Coll., Act No. 120/2001 Coll., Act No. 125/2002 Coll., the award
The Constitutional Court declared under no. 403/2002 Coll., Constitutional Court
declared under the No. 101/2003 Coll., Constitutional Court declared under
No 210/2003 Coll., Act No. 256/2004 Coll., Act No. 499/2004 Coll. and
Act No. 179/2005 is amended as follows:
1. In section 1a of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) of this Act also apply to the arrangement cannot be matrimonial property regimes
banks, savings and credit cooperatives, insurers and domestic
reinsurance undertaking, and for the time that these persons are holders of licences
or authorisation under special laws governing their activities. ".
2. In article 5 d the present text shall become paragraph 1 and the following
paragraphs 2 and 3, including the footnotes # 1a, 1 h and 1i:
"(2) the authorization of the withdrawal period does not affect the rights and obligations of
arising from financial collateral ^ 1a) according to a special legal
Regulation ^ 1 h) or by foreign legislation, if the debtor is
the provider or the recipient, and the financial collateral has been provided
and before the date of authorization) the withdrawal period,
(b) authorisation) on the day of the withdrawal period, if the recipient of the financial collateral
he proves that he did not know and could not know about the authorization of the withdrawal period.
(3) the authorisation of the withdrawal period does not affect a final settlement by
special legislation governing business on the capital
^ market 1i).
1A) directive of the European Parliament and of the Council 2002/47/EC of 6 May 1999. June
2002 on financial collateral agreements.
1 h) commercial code.
1I) Act No. 256/2004 Coll., on the capital market, as amended by
amended. ".
3. In § 8 para. 3 at the end of the first sentence the following text, which
including footnote # 1 k: '; the claim, if the administrator
the tax payer is increased by the amount corresponding to that tax, which is
the administrator shall be obliged from the remuneration and expenses of cash pay by
special legal regulation ^ 1 k).
1 k) Act No. 235/2004 Coll., on value added tax, as amended by
amended. ".
4. In section 8 paragraph 8 reads as follows:
"(8) the administrator and third parties engaged in activities for which he is obliged to
Administrator, are required to maintain the confidentiality of the facts on which the
special laws lays down the obligation of secrecy, if they
brought to their attention in the exercise of their duties, even after the event; This
secrecy may waive the is, in whose interest the confidentiality,
or the Court. ".
5. In paragraph 9 d of paragraph 1. 1, the word "Bank," the words "branch
foreign banks, savings and loan cooperatives, "and after the word
"insurance undertaking" shall be inserted after the word "reinsurance undertaking".
6. In paragraph 9 d of paragraph 1. 4 (b). and) after the word "Bank", the words ",
branches of foreign banks and savings and credit cooperatives "and after the word
"insurance undertaking" shall be inserted after the word "reinsurance undertaking".
7. in section 12a paragraph 1. 3 (b)) shall be deleted.
Subparagraph (c)) shall become point (b)).
8. in § 14 para. 1 (b). h) after the word "commands," the words "If
a special law ^ 1j) provides otherwise ".
Footnote 1j No.:
"1j) section 27 para. 3 of the law No 124/2002 Coll., on transfers of
funds, electronic means of payment and payment
systems (law on payment systems).
§ 86 para. 2 Act No. 256/2004 Coll., on the capital market. "
9. in § 14 para. 1 (b). g), the words after the semicolon shall be replaced by "this
provision does not affect the maturity of any debt or obligation,
to be included in the final settlement by the Special
legislation governing the capital market ^ 1i). ".
10. In § 14 para. 1 (b). even) the words "by offsetting is not final
the settlement of gains and losses "are replaced by the words" it shall not apply to the final
compensation under special legislation governing business on
capital market ^ 1i) ".
11. in article 14, paragraph 2, the following paragraph 3 is added:
"(3) the Declaration of bankruptcy does not affect the rights and obligations arising
of financial collateral ^ 1a) under a special legal regulation ^ 1 h) or
According to the foreign law, if the provider is bankrupt
or beneficiary and the financial collateral has been provided
and by posting a resolution) before the Declaration of bankruptcy on the court notice board,
or
(b)) on the day of bankruptcy after posting a resolution on the Declaration of bankruptcy
on the notice board of the Court, if the recipient of the financial collateral proves that
He did not know and could not know about bankruptcy. ".
Paragraphs 3 to 6 shall become paragraphs 4 to 7.
12. in § 14 para. 4 the last sentence reads: "withdrawal from the Treaty, which
part of the final settlement agreement is under a special legal
the rules relating to the capital market ^ 1i), does not affect the
the implementation of the final settlement in accordance with this agreement. ".
13. in § 14 para. 7 and § 16 para. 5, the words "profit and loss" are replaced by
the words "under special legislation governing business on
capital market ^ 1i) ".
14. in article 15, paragraph 2. 4, the words "the implementation of the final settlement of the profit and
losses "are replaced by the words" final settlement under a special legal
the rules relating to the capital market ^ 1i) ".
15. in article 15, the following paragraph 5 is added:
"(5) the ineffectiveness of the legal acts referred to in paragraph 1 shall not apply to
the provision and implementation of financial collateral ^ 1a) under a special
^ Law 1 h) or equivalent of the legal relationship under the foreign
legislation. ".
16. in article 16, the following paragraph 6 is added:
"(6) the granting and the realisation of financial collateral ^ 1a) under a special
legal regulation ^ 1 h) or similar legal acts by foreign
You cannot oppose the legislation referred to in paragraphs 2 to 4 or under section 42a
of the civil code; also, you cannot resist the provision and implementation of
financial collateral under foreign law. ".
17. in § 31 para. 2 at the end of subparagraph (g)) is replaced by a comma and dot
the following point (h)), including footnote No. 10a is inserted:
"h) debts owed by its marked for them a special legal
^ Regulation 10a).
10A) § 24 para. 3 of the Act No. 168/1999 Coll., on liability insurance
operation of the vehicle and amending certain related laws (the law on the
liability insurance of the vehicle), as amended
regulations. ".
18. In article 32, paragraph 5 shall be deleted.
Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.
19. in § 32 para. 6 the first sentence reads: "the claim of the debenture
and receivables that are bound to the same or similar condition
subordination, in the schedule will satisfy to satisfy all other
claims. ".
20. In paragraph 52, the following paragraphs 3 and 4 are added:
"(3) the authorization of settlement shall prejudice the rights and obligations arising
of financial collateral ^ 1a) under a special legal regulation ^ 1 h) or
According to the foreign law, if the debtor is the provider of the
or beneficiary and the financial collateral has been provided
and before the date of the settlement permit), or
(b)) on the day of creditors, if the recipient of the financial collateral
he proves that he did not know and could not know about the settlement permit.
(4) the authorization of settlement does not affect a final settlement by
special legislation governing business on the capital
^ market 1i). ".
21. in the fourth section, the following part of the fifth and sixth, which including
the headings and footnotes # 6a, 6b, 6 c, 6 d, 6e and 6f:
"PART FIVE
THE DECLINE OF BANKS, CREDIT UNIONS, FOREIGN BANKS AND PEOPLE
AUTHORIZED TO ISSUE ELECTRONIC MONEY DOING BUSINESS ON
THE TERRITORY OF THE CZECH REPUBLIC
TITLE I OF THE
GENERAL PROVISIONS
§ 66d
(1) the provisions of this section incorporated the relevant provisions of the European
Community ^ 6a) and apply on the decline
and a bank or savings) and credit cooperatives after they have been
withdrawn the licence or permit,
(b)) a foreign bank or a person authorised to issue electronic money
the means of doing business on the territory of the Czech Republic on the basis of a single
licences under a special legal regulation ^ 6b),
(c) foreign bank branches) other than those referred to in (b)).
(2) a person referred to in paragraph 1 (b). (b)) is in decline, if the
carried out
and collective proceedings opened and) tracked the administrative or judicial
authorities of the Member State of the European Union or of another State forming
The European economic area, which aims to sell assets under the supervision of
or the supervision of those authorities, including where the proceedings are terminated
a composition or by another analogous measure,
(b)) the measures intended to preserve or restore the financial
the situation of the person and that may affect pre-existing rights of third
people, including measures involving the possibility of a suspension of payments,
suspension of receivables, suspension of enforcement measures
with the performance of or reduction of claims.
(3) the procedure under this section shall also apply the provisions of other
parts of the Act, with the exception of the provisions governing the withdrawal period, forced
settlement and reconciliation.
TITLE II
THE DECLINE OF BANKS, SAVINGS AND CREDIT COOPERATIVES AFTER THE WITHDRAWAL OF THE LICENSE, OR
Permits and FOREIGN BANK BRANCHES as referred to in paragraph 66D PARAGRAPH. 1 (b). (C))
section 66e
Application for a declaration of bankruptcy
Application for a declaration of bankruptcy of the persons referred to in paragraph 66d paragraph. 1
(a). and) and c) serves the authority which is competent to exercise supervision or
supervision of the activities of such persons (hereinafter "the supervisory authority or supervision").
This is without prejudice to the provisions of § 4 para. 1. In the proposal stating the circumstances
that is evidence of the bankruptcy of the debtor, and the draft of the Charter to the certificate connects
of their claims. The provisions of § 5 para. 1 does not apply in this case.
section 66f
(1) a declaration of bankruptcy
a) does not affect the rights in rem of creditors or third parties, for the physical or
intangible, movable or immovable property belonging to the bankrupt, including the
exactly unspecified assets, whose composition is
as time changes, which is located at the time the Declaration of bankruptcy of the
territory of another Member State of the European Union or of the other State forming
The European economic area; in particular, does not affect the
1. the right to dispose of assets or have them disposed of and to obtain satisfaction from the proceeds
of or income from those assets, in particular on the basis of the pledge
rights,
2. the exclusive right of performance, in particular in ensuring the right of lien to
claim or by assignment of the claim,
3. the right to seek restitution or compensation from anyone,
who holds the asset or taken against the will of the persons concerned,
4. the right to enjoy the fruits of
(b)) does not affect the seller's rights arising from the reservation of title
rights against the bankrupt as a buyer, if at the time of the Declaration
bankruptcy assets, to which the reservation relates, located on the territory of another
the Member State of the European Union or the State of the formation of the European economic
space,
(c)) is not a reason for withdrawal from the contract, which is bankrupt
the seller and the goods have already been delivered to the purchaser or the termination of such
the purchase contract, and shall not prevent the purchaser from acquiring title where
at the time of the Declaration of bankruptcy, the assets which are the subject of the sale,
located on the territory of another Member State of the European Union or other
State of the formation of the European economic area.
(2) the provisions of paragraph 1 shall not affect the right to bring, for reasons of
creditors claim for invalidity or ineffectiveness of legal
the Act or right to contradict the legal operation.
(3) for the purposes of the provisions of paragraph 1 (b). and) is considered a right in rem
the right, recorded in a public register and enforceable against third parties.
§ 66g
Informing the authorities in supervision or oversight and public
(1) the Court through the supervisory authority or supervision shall inform the
Declaration of bankruptcy of a bank or savings and credit
the cooperative's supervisory authority or supervision in the States in which the debtor in bankruptcy
carries out its activity on the basis of a single license or permit pursuant to
a special legal regulation, before posting it a resolution on Declaration
bankruptcy on the notice board, and if this is not possible, immediately thereafter.
Contains information and warnings on the possible consequences of bankruptcy.
Administrator without undue delay shall ensure that the disclosure of the essential parts of the
resolution on the Declaration of bankruptcy (hereinafter referred to as "elevator") in the official journal of the
The European Union and in at least two national newspapers in each State,
in whose territory the debtor undertook or carries out its activities on the basis of
the single licence or authorization under a special legal regulation.
(2) Elevator pursuant to paragraph 1 contains
a) data necessary to identify the debtor in bankruptcy,
(b)) information about the fact that the bankrupt was declared bankrupt according to the Czech
rights,
c) day, Declaration of bankruptcy
d) information about the fact that the claims of creditors arising from accounting
the bankrupt shall be deemed signed in, as lenders will individually
informed within 60 days from the Declaration of bankruptcy,
(e) the address of the Court),
f) information about the administrators.
(3) Lift under paragraph 1 shall be drawn up in the English language and must be
equipped with the lyrics "invitation to lodge a claim. Time limits to be observed! "and" Challenge
for the submission of objections in respect of the claim. Time limits to be observed! "translated into
all the official languages of the European Union and other States that make up the European
economic area.
(4) the Court has declared bankrupt the assets of branches of foreign banks
referred to in § 66d para. 1 (b). (c)), through the authority of the
the supervision or surveillance of bankruptcy the supervisory authorities or supervision
the Member States of the European Union and other countries making up the European
economic area in which it has the appropriate foreign bank branch,
before posting a resolution on the Declaration of bankruptcy on the notice board, and
If this is not possible, immediately thereafter. Contains information and warnings on the
the possible consequences of bankruptcy. Court administrator shall endeavour to coordinate
its activities with the competent authorities in the Member States of the European Union and
other States that make up the European economic area in which the
the person has a branch.
(5) the supervisory authority or supervision is entitled to require the administrator
information on bankruptcy proceedings.
§ 66 h
Progress report on the bankruptcy proceedings
The administrator is obliged to regularly, at least once a year publish
the message in an appropriate way for creditors and the public about the procedure of bankruptcy
control. The message must be approved by creditors ' Committee or representative
creditors (section 11 (1)).
§ 66i
Administrator
(1) the administrator may, with the approval of the Court to designate a person to represent him
in exercising the powers under this Act on the territory of another Member
State of the European Union or of the other State forming the European economic
space.
(2) the administrator shall exercise its powers under this Act and on the territory of the
the other Member States of the European Union and other States that make up
The European economic area with the exception of the use of coercive means
or other use of force and binding powers to adjudicate disputes, or other
proceedings, the courts, the administrative authorities or other authorities
of that State. The same applies mutatis mutandis to the persons referred to in paragraph 1.
(3) the administrator shall carry a certified copy of the decision of its
appointment with a translation into the official language of the State concerned, if there is
required. According to administrator options exercises its powers in accordance with this
the law on the territory of third States.
(4) in the exercise of their powers on the territory of the Member States of the European Union and
other States that make up the European economic area, the administrator controls
the legal order of the State, in particular concerning the procedures for the sale of assets
and in the provision of information to employees.
(5) if the law of that State provides for or is it
necessary to successfully enforce the rights of creditors, the administrator is obliged to apply,
to the indication of the Declaration of bankruptcy has been entered in the land register,
the commercial register or in another public register. The cost of the
the acquisition of writing are a claim on the essence.
§ 66j
Receivable and accounts payable
(1) the claims of creditors arising from debtor's accounts are deemed to be
logged-in under this Act (section 20). For the moment, lodge a claim
shall be considered a declaration of bankruptcy.
(2) the controller shall, without undue delay, but not later than 60
days from the date of the bankruptcy creditors send each referred to in paragraph
1 a notice stating
and) the fact that the person referred to in paragraph 66d paragraph. 1 (b). and) or (c))
He was declared bankrupt,
(b) the amount of the claim of the creditor) for that person, the fact that
This amount shall be considered declared his claim and, where applicable,
the nature of his claims, in particular, whether it is a separate
the creditor, the creditor with a claim on the essence, creditors with a different
claim the right to preferential rights, the creditors with the child
claim or whether the claim is associated with the reservation of ownership to
the subject of performance of the obligation relationship. The amount of the claim is
not including the creditor's claim for compensation for the insured claim from the Fund
deposit insurance, from the guarantee fund of securities dealers, from
Hedge fund credit unions under a special legal
prescription or other persons performing similar purpose; the amount of the claim
the creditors against these persons, however, must be evident from this notice, although to
the payment of the refund has already occurred,
c) in what way, the period within which, and to whom you can lodge an objection against the amount of the
claims, what are the consequences of the fruitless expiry of this period, information on the
procedure in the event that no agreement is reached on the amount or nature of the
accounts receivable,
d) notice of the place and time of holding a meeting of bankruptcy creditors,
(e)), and possible subsequent measures way more information to creditors.
(3) Creditors, whose headquarters, headquarters, domicile or the place where the
usually resides, is located in a Member State of the European Union or other
State the stand of the European economic area, sent to alert Manager
referred to in paragraph 2 in the Czech language, which is equipped with the text "you are prompted to
presentation of objections in respect of the claim. Time limits to be observed! "translated into the
all the official languages of the European Union and other States that make up the European
economic area.
(4) If a creditor does not agree with the amount of his claim or the nature of the
the claims referred to in the notice referred to in paragraph 2 may, within a period of 4 months
from the date of the bankruptcy administrators may submit an objection in writing; otherwise,
apply it with the data referred to in the notice agrees. Within a period of 3 months from the
date of publication of an extract from the resolution on the Declaration of bankruptcy in the official
Journal of the European Union, the creditor may lodge an objection, that he was not
the notification referred to in paragraph 2, indicating the size of his claim for
a person referred to in paragraph 66d paragraph. 1 (b). and) or c) on the date of Declaration
bankruptcy of the person. The objection shall be documented officially certified copies
any documents that certify the amount of the alleged in the complaint, day
the origin and nature of the claim, in particular, whether it is a claim for
the essence of the (section 31, paragraph 2), a claim with right to separate satisfaction (section
28), another with the right to claim preferential rights (§ 31 para. 3),
otherwise, the secured claim or whether it is a child of the claim,
and indicate possible reservation of title.
(5) a creditor whose registered office, headquarters, domicile or the place where they usually
resides, is located in a Member State of the European Union or of another State
the stand of the European economic area, you may lodge an objection under
paragraph 4 in the official language of that State. In the case referred to in the first
sentence of paragraph 4 shall be provided with the text of the objection, "objecting to the
amount of the claim "in the Czech language. In the case referred to in the second sentence
paragraph 4 shall be provided with the text of the objection "lodgement of claim" in the
the Czech language. However, the administrator is obliged to take into account whether or not the objection that
is not equipped with a specified text-content objections clear. To later
the examination of the objections may not take into account manager, unless it was clear that
the claim was delivered to the post in a timely manner. The administrator is hereby authorized to
require the creditor to provide a translation into the Czech language's objections.
(6) If this does not occur between a lender who has made an objection under paragraph
4, and the administrator a written agreement on the amount or type of the Receivables in the
a period of 2 months from the date of expiry of the period referred to in paragraph 4, the
creditor petition the Court to determine the amount or nature of the claim.
The application must be lodged with the Court within a period of 3 months from the date of expiry of the
referred to in the preceding sentence, otherwise entitled to its application and the
This is based on data derived from the accounts of bankrupt.
(7) if the Court decision confirmed the claim in a different level or
other than the administrator, the administrator is claimed shall be obliged to replace the
the estate costs of legal proceedings, which were borne by the
the estate, unless the company proves that the actual amount or the nature of the
the claim did not know and not even with professional care to know.
A claim for legal costs under the preceding sentence may
against Admins be made by any of the lenders.
(8) the deposit insurance fund, hedge fund credit unions and
The guarantee fund of securities dealers are the creditors of the bankrupt with
receivable in the amount prescribed by special legislation. The lender
the persons referred to in paragraph 66d paragraph. 1 (b). and) it is also a foreign person that
provide compensation for debts owed by the bankrupt in respect of similar insurance
deposits or customer property under the law of a Member State of the European
Union or of another State, the formation of the European economic area and which
for this reason, the claim passed.
§ 66 k
The nature of mortgage
(1) if the bankrupt Bank, which has been deprived of a license, the property used to
coverage of mortgage bonds under special legislation
make up a mortgage.
(2) from the proceeds of liquidation of the mortgage at any time will satisfy the essence of cost
associated with the management and monetization of mortgage and after its
liquidation of debts of the owners of mortgage bonds. Left over after
satisfy such claims part of the proceeds of liquidation of the mortgage,
in the Schedule shall apply to other claims. It is not sufficient to
the proceeds of the liquidation of the mortgage of the essence to satisfy claims of the owners
mortgage bonds in full, will satisfy those claims
fairly. Unsatisfied portion of claims, when the schedule be added to
other bankruptcy claims.
(3) the provisions of § 17a-25b on mortgage nature shall apply mutatis mutandis.
§ 66 l
The supervisory authority or control of the State on whose territory the Bank or savings and
credit cooperative carries out its activity on the basis of a single license or
authorization under a special legal regulation, may take the measures
pursuant to section 66d paragraph. 2 (a). (b)) only with effects on the territory of its State.
TITLE III
THE DECLINE OF THE FOREIGN BANK OR A PERSON AUTHORISED TO ISSUE ELECTRONIC
FUNDS DOING BUSINESS IN THE TERRITORY OF THE CZECH REPUBLIC ON THE BASIS OF
SINGLE LICENSE
§ 66 m
Adopt measures, in accordance with § 66d para. 2 can the competent authority of the State, only
in which the person referred to in paragraph 66d paragraph. 1 (b). (b) the permissions)
which carries out its activity on the territory of the Czech Republic. The effects of the
the measures, including the effects on the rights and obligations of third parties, are recognized
from the moment the effect in the State in which a measure was taken
received.
§ 66n
(1) the person performing the measures referred to in paragraph 66d paragraph. 2 and its potential
Representative (hereinafter referred to as "foreign administrator") showing his establishment of officially
a certified copy of the decision on the establishment of a issued by the competent administrative or
the judicial authority of the Member State of the European Union or of another State
the formation of the European economic area, in which a foreign bank or
a person entitled to issue electronic money received
permissions, on the basis of which operate or operated on its activities
on the territory of the Czech Republic. Higher verification a copy does not require translation into
Czech language, however, may be required.
(2) the Foreign administrator is entitled to exercise its powers under the
the legislation of the State in which it was established; the exercise of these powers
on the territory of the Czech Republic must not include the use of coercive means
or other use of force and power to determine disputes or other binding
the proceedings, which are the courts, administrative authorities, sales agent or other authorities
Of the Czech Republic. In accordance with these laws is a foreign
the administrator shall be entitled to in the course of proceedings under this Act, appoint persons
that help, or to represent it.
(3) in exercising its powers on the territory of the Czech Republic with foreign
the administrator controls the legal order of the Czech Republic, in particular concerning the procedures for the
the sale of assets, obligations of the registration in the land register, the business
register or other public register, and in providing information
employees.
(4) the Foreign administrator, or any administrative or judicial authority
the Member State of the European Union or of another State, the formation of the European
economic area in which it has been granted permission, may request that
an indication of the Declaration of bankruptcy has been entered in the land register, the trade
register or in another public register.
§ 66o
(1) if it is likely that the measures referred to in paragraph 66d paragraph. 2 (a). (b))
affect the rights and obligations of third parties in the territory of the Czech Republic and
against the adoption of the measures may be in the country where it was issued, filed
the appeal, shall ensure that the foreign administrator or the competent authority
State in which the action was taken, the publication of the extract from the decision,
who were these measures taken in the official journal of the European Union and the
in at least two national newspapers in the Czech Republic.
(2) Elevator pursuant to paragraph 1 shall be drawn up in the English language and shall
include in particular the
a) data necessary to identify the debtor in bankruptcy,
(b)) the purpose and legal basis of the decision taken,
(c)) the deadline for submitting remedies, including the date of the expiry of the
the time-limits,
(d)) the address of the authority or the Court responsible for hearing correction
resources,
e) data on the applicable law for the control of measures,
f) data on foreign administrators.
Effects of the measures occur regardless of the compliance with this information
obligations.
(3) the Foreign administrator or the competent authority of the State in which it was received
the measures referred to in paragraph 66d paragraph. 2 (a). a), shall ensure publication of an extract from
the decision, which was adopted this measure, in the official journal of the
The European Union and in at least two national newspapers in the United
Republic.
(4) Elevator pursuant to paragraph 3 shall be drawn up in the English language and shall
include in particular the
a) data necessary to identify the debtor in bankruptcy,
(b)) the purpose and legal basis of the decision taken,
(c)) the deadline for submitting remedies, including the date of the expiry of the
the time-limits,
(d)) the address of the authority or the Court responsible for hearing correction
resources,
e) data on the applicable law for the control of measures,
f) data on foreign administrators.
Effects of the measures occur regardless of the compliance with this information
obligations.
PART SIX
BANKRUPTCY OF INSURANCE UNDERTAKINGS AND REINSURANCE UNDERTAKINGS CARRYING ON THEIR ACTIVITY OF DOMESTIC
ON THE TERRITORY OF THE CZECH REPUBLIC
TITLE I OF THE
GENERAL PROVISIONS
§ 66 p
(1) the provisions of this section incorporated the relevant provisions of the European
Community ^ 6 c) and apply on the decline
and domestic insurance companies and domestic) reinsurance undertakings after they were withdrawn
the authorization,
(b) the branch of the insurance undertaking) from the third State, after it was withdrawn
authorization ^ 6 d),
(c)) from a Member State of the branch of the insurance undertaking of the European Union or of another State
the formation of the European economic area engaged in insurance business
on the territory of the Czech Republic on the basis of the right to establish branches in
the extent to which it has been granted an authorisation to engage in insurance
in the State of its registered office ^ 6e).
(2) a person referred to in paragraph 1 (b). (c)) is in decline, if the
carried out
and) collective proceedings involving realising the assets of an insurance undertaking, and
the distribution of the proceeds among the creditors, shareholders or members as appropriate,
inevitably, any intervention involving the administrative or judicial
authorities of the Member State of the European Union or of another State forming
The European economic area, including in cases where collective management is
terminated by a composition or by another analogous measure, regardless,
whether it is or is not due to insolvency, or whether it is
voluntary or mandatory,
(b)) the measures, including any intervention by the administrative or judicial
authorities of the Member State of the European Union or of another State forming
The European economic area, the purpose of which is to preserve or restore the
the financial situation of the person, and that can have an impact on the already existing
third-party rights, including measures involving the possibility of a suspension
suspension of payments, receivables, postpone the measures
related to performance or reduction of claims.
(3) the procedure under this section shall also apply the provisions of other
parts of the Act, with the exception of the provisions governing the withdrawal period, forced
settlement and reconciliation.
TITLE II
THE DECLINE OF THE INSURANCE UNDERTAKING OR OF THE REINSURANCE UNDERTAKING, DOMESTIC AND DOMESTIC BRANCH OFFICES
THE INSURANCE COMPANY FROM A THIRD STATE AFTER THE WITHDRAWAL OF THE AUTHORISATION
§ 66q
Application for a declaration of bankruptcy of the persons referred to in section 66 paragraph 1. 1
(a). a) and b) give the supervisory authority, which grants permission to operate
activities under a special legal regulation ^ 6f) (hereinafter referred to as the "authority
surveillance "). This is without prejudice to the provisions of § 4 para. 1. In the proposal shall be
circumstances which bear witness to the bankruptcy of the debtor, and the draft of the Charter to connect
the certificate of its claims. The provisions of § 5 para. 1 in this case
does not apply.
§ 66r
(1) a declaration of bankruptcy
a) does not affect the rights in rem of creditors or third parties, for the physical or
intangible, movable or immovable property belonging to the bankrupt, including the
exactly unspecified assets, whose composition is
as time changes, which is located at the time the Declaration of bankruptcy of the
territory of another Member State of the European Union or of the other State forming
The European economic area; in particular, does not affect the
1. the right to dispose of assets or have them disposed of and to obtain satisfaction from the proceeds
of or income from those assets, in particular on the basis of the pledge
rights,
2. the exclusive right of performance, in particular in ensuring the right of lien to
claim or by assignment of the claim,
3. the right to seek restitution or compensation from anyone,
who holds the asset or taken against the will of the persons concerned,
4. the right to enjoy the fruits of
(b)) does not affect the seller's rights arising from the reservation of title
rights against the bankrupt as a buyer, if at the time of the Declaration
bankruptcy assets, to which the reservation relates, located on the territory of another
the Member State of the European Union or other State forming the European
economic area,
(c)) is not a reason for withdrawal from the contract, which is bankrupt
the seller and the goods have already been delivered to the purchaser or the termination of such
the purchase contract, and shall not prevent the purchaser from acquiring title where
at the time of the Declaration of bankruptcy, the assets which are the subject of the sale,
located on the territory of another Member State of the European Union or other
State of the formation of the European economic area.
(2) the provisions of paragraph 1 shall not affect the right to bring, for reasons of
creditors claim for invalidity or ineffectiveness of legal
the Act or right to contradict the legal operation.
(3) for the purposes of the provisions of paragraph 1 (b). and) is considered a right in rem
the right, recorded in a public register and enforceable against third parties.
§ 66s
Inform the supervisory authorities and to the public
(1) the Court shall inform the supervisory authority through the Declaration of bankruptcy
on the property of the person referred to in section 66 paragraph 1. 1 (b). and the supervisory authorities of all)
European Union Member States and all other States that make up the European
economic area, prior to posting it a resolution on the Declaration of bankruptcy
on the notice board, and if this is not possible, immediately thereafter. Information
also contains a warning of the possible consequences of bankruptcy.
(2) the administrator shall publish an extract from the resolution on the Declaration of bankruptcy
without undue delay in the official journal of the European Union. Elevator
published in the Czech language.
(3) Elevator pursuant to paragraph 2 contains
a) data necessary to identify the debtor in bankruptcy,
(b)) information about the fact that the bankrupt was declared bankrupt according to the Czech
rights,
c) day, Declaration of bankruptcy
(d) the address of the Court),
e) information about the administrators.
(4) the Court shall inform the supervisory authority through the Declaration of bankruptcy
the assets of the branch of the insurance undertaking from a third State [section 66 (1) (b))]
the supervisory authorities of all the Member States of the European Union and all other States
that make up the European economic area, prior to posting it a resolution on
Declaration of bankruptcy on the notice board, and if this is not possible, it shall immediately
then. Contains information and warnings on the possible consequences of the Declaration
bankruptcy. The Court administrator and the supervisory authority shall endeavour to coordinate their
activities with the competent authorities in the other Member States of the European
the Union and other countries that make up the European economic area, in which
an insurance undertaking has a branch of a third country.
(5) the supervisory authority shall be entitled to require managers information relating to
bankruptcy proceedings.
§ 66t
(1) the data controller shall regularly, at least once a year,
to publish a report in an appropriate way for creditors and the public about the procedure
bankruptcy proceedings. The message must be approved by creditors ' Committee
or by a representative of the creditors (section 11 (1)).
(2) the supervisory authority is required to provide on request, information about the procedure
bankruptcy proceedings, provided by the administrator in accordance with § 66s para. 5,
the supervisory authority of another Member State of the European Union or other State
the formation of the European economic area.
§ 66u
Administrator
(1) the administrator may, with the approval of the Court to designate a person to represent him
in exercising the powers under this Act to the territory of another State.
(2) the administrator shall exercise its powers under this Act and on the territory of the
the other Member States of the European Union and other States that make up
The European economic area with the exception of the use of coercive means
or other use of force and binding powers to adjudicate disputes, or other
the proceedings, which are the competent courts or administrative authorities of the State concerned.
The same applies mutatis mutandis to the persons referred to in paragraph 1.
(3) the administrator shall carry a certified copy of the decision of its
appointment with a translation into the official language of the State concerned, if there is
required. According to administrator options exercises its powers in accordance with this
the law on the territory of third States.
(4) in the exercise of their powers on the territory of the Member States of the European Union and
other States that make up the European economic area manager complies with
the legal order of the State, particularly with regard to procedures for the realisation of assets and
When you provide information to employees.
(5) if the law of that State provides for or is it
necessary to successfully enforce the rights of creditors, the administrator is obliged to apply,
to the indication of the Declaration of bankruptcy has been entered in the land register,
the commercial register or in another public register. The cost of registration
they are a claim on the essence.
§ 66v
Receivable and accounts payable
(1) the claims of creditors arising from debtor's accounts are deemed to be
logged-in under this Act (section 20). For the moment, lodge a claim
shall be considered a declaration of bankruptcy.
(2) the controller shall, without undue delay, but not later than 60
days from the date of the bankruptcy, send each creditor under paragraph
1 a notice stating
and) the fact that the person referred to in section 66 paragraph 1. 1 (b). and) or (b))
He was declared bankrupt,
(b) the amount of the claim of the creditor) for that person, the fact that
This amount shall be considered declared his claim and, where applicable,
the nature of his claims, in particular, whether it is a separate
the creditor, the creditor with a claim on the essence, creditors with a different
claim the right to preferential rights, the creditors with the child
claim or whether retention of title applies,
c) in what way, the period within which, and to whom you can lodge an objection against the amount of the
claims, what are the consequences of the fruitless expiry of this period, information on the
procedure in the event that no agreement is reached on the amount or nature of the
accounts receivable,
d) in the case of insurance claims the effects of insolvency proceedings on the
the insurance contract on the basis of this receivable arose, in particular
the date of termination of the insurance contract, including the effectiveness of rights and obligations
resulting to the insured person or the insured under this contract,
e) notice of the place and time of holding a meeting of bankruptcy creditors,
(f)), and possible subsequent measures way more information to creditors.
(3) Creditors, whose headquarters, headquarters, domicile or the place where the
usually resides, is located in a Member State of the European Union or other
State the stand of the European economic area, sent to alert Manager
referred to in paragraph 2 in the Czech language, which is equipped with the text "you are prompted to
presentation of objections in respect of the claim. Time limits to be observed! "translated into the
all the official languages of the European Union and other States that make up the European
economic area. In the case of insurance claims, however, must
send the lender Administrator notification referred to in paragraph 2 in the official language or
in one of the official languages of the Member State of the European Union or other
States that make up the European economic area, where the creditor has its registered office,
Head Office, place of residence or the place where he usually resides.
(4) If a creditor does not agree with the amount of his claim or the nature of the
the claims referred to in the notice referred to in paragraph 2 may, within a period of 4 months
from the date of the bankruptcy administrators may submit an objection in writing; otherwise,
apply it with the data referred to in the notice agrees. Within a period of 3 months from the
date of publication of an extract from the resolution on the Declaration of bankruptcy in the official
Journal of the European Union, the creditor may lodge an objection, that he was not
the notification referred to in paragraph 2, indicating the size of his claim for
a person referred to in section 66 paragraph 1. 1 (b). a) or b) on the date of Declaration
bankruptcy on this person. Copies of any documents shall be documented an objection,
certify in the complaint alleged the amount, date and nature of the
the claim, in particular, whether it is a claim for the essence (§ 31 para.
2) claim with right to separate satisfaction (section 28), another claim
with the right to preferential rights (section 31, paragraph 3), the claim is otherwise
secured or whether it is a child of the claim, and shall indicate the possible
reservation of title. In the case of a claim, pursuant to § 66w may not
the fact the creditor preference satisfaction.
(5) a creditor whose registered office, headquarters, domicile or the place where they usually
resides, is located in a Member State of the European Union or of another State
the stand of the European economic area, you may lodge an objection under
paragraph 4 in the official language of that State. The administrator is hereby authorized to
require the creditor to provide an official translation into Czech objections
of the language. In the case referred to in the first sentence of paragraph 4 must be the objection
provided with the text of "objecting to the amount of the claim" in the Czech language.
In the case referred to in the second sentence of paragraph 4 shall be provided with a claim
the text "Application claims" in the Czech language. However, the administrator is required to
take into account whether or not the opposition, which is not equipped with a specified text, if the
the contents of his objections clear. Later examination of the objections may not administrator
taken into account, unless it was clear that the objection was turned over to the
post in a timely manner. The administrator is entitled to demand that the creditor
has provided translation of the objections to the Czech language.
(6) If this does not occur between a lender who has made an objection under paragraph
4, and the administrator a written agreement on the amount or type of the Receivables in the
a period of 2 months from the date of expiry of the period referred to in paragraph 4, the
creditor petition the Court to determine the amount or nature of the claim.
The application must be lodged with the Court within a period of 3 months from the date of expiry of the
referred to in the preceding sentence, otherwise entitled to its application and the
This is based on data derived from the accounts of bankrupt.
(7) if the Court decision confirmed the claim in a different level or
other than the administrator, the administrator is claimed shall be obliged to replace the
the estate costs of legal proceedings, which were borne by the
the estate, unless the company proves that the actual amount or the nature of the
the claim did not know and not even with professional care to know.
A claim for legal costs under the preceding sentence may
against the administrators of the bankrupt be made by any creditors.
§ 66w
Specific provisions on the schedule
Insurance claims take precedence over any other
claims against the bankrupt, with the exception of the claims referred to in § 31 para. 2
(a). a) to (c)).
TITLE III
THE DECLINE OF THE INSURANCE COMPANY FROM A MEMBER STATE OF THE EUROPEAN UNION OR OF ANOTHER STATE
THE FORMATION OF THE EUROPEAN ECONOMIC AREA, OPERATING ITS ACTIVITIES ON THE
THE TERRITORY OF THE CZECH REPUBLIC ON THE BASIS OF THE RIGHT TO SET UP THEIR BRANCH
§ 66 votes
The measures referred to in section 66 paragraph 1. 2 can only accept the authority of the State
in which the person referred to in section 66 paragraph 1. 1 (b). (c)) received permission to
which operates in the territory of the Czech Republic. The effects of the
the measures, including the effects on the rights and obligations of third parties are recognized
from the moment the effect in the State in which a measure was taken
received.
§ 66y
(1) the person performing the measures referred to in section 66 paragraph 1. 2 and its potential
Representative (hereinafter referred to as "foreign administrator, insurance or reinsurance undertakings")
provide proof of your establishment of the certified copy of the decision on the establishment of the
issued by a competent administrative or judicial authority of the Member State
The European Union or of another State, the formation of the European economic area,
in which the licence was granted or issued a permit on the basis of which the
the insurance company from a Member State of the European Union or of another State forming
European economic area operates in the territory of the United
of the Republic. Higher verification a copy does not require translation into the Czech language
However, it may be required.
(2) the Foreign administrator, insurance or reinsurance undertaking is entitled to carry out
their powers according to the law of the State in which it was established;
the exercise of these powers on the territory of the Czech Republic must not include the use of
coercive means or other use of force and power to hard
disputes or other proceedings, the courts or
other administrative bodies of the Czech Republic. In accordance with these laws
the legislation is a foreign Manager, insurance or reinsurance undertakings authorised in the
the course of proceedings under this Act, appoint persons to help
or to represent it.
(3) in exercising its powers on the territory of the Czech Republic with foreign
Administrator of the insurance or reinsurance undertaking governed by the laws of the Czech Republic,
particularly with regard to procedures for the realisation of assets, the obligation to write to the
the land register, the trade register and any other public
the register, and in providing information to employees.
(4) the Foreign administrator, insurance or reinsurance undertaking, or any
administrative or judicial authority of the Member State of the European Union or other
State of the formation of the European economic area in which it has been granted
licence or authorisation, may request that information about the Declaration
bankruptcy has been entered in the land register, the trade register or in
another public register.
6a) directive of the European Parliament and Council Directive 2001/24/EC of 4 April 2003. April
2001 on the reorganisation and winding up of credit institutions.
6B) § 5a-7a of Act No. 21/1992 Coll., on banks, as amended by Act No.
126/2002 Sb.
6 c) European Parliament and Council Directive 2001/17/EC of 19 June 2000. March
2001 on the reorganisation and winding-up of insurance undertakings.
6 d) section 5 c of Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), as amended by Act No.
39/2004 Sb.
6E) § 5a paragraph 2. 1 of Act No. 363/1999 Coll., as amended by Act No. 38/2004 Coll.
6F) Act No. 363/1999 Coll., as amended. ".
The fifth part is referred to as part of the seventh.
22. section 67 is repealed.
23. in paragraph 69, the following paragraph 3, including footnote # 7
added:
"(3) if the decision on the opening of insolvency proceedings in the Member
State of the European Union under the directly applicable legislation
Of the European Communities ^ 7) against a person who is in the territory of the United
Kingdom establishment, this decision must be published. District
the Court, in whose district the establishment is located shall publish the decision of the foreign
authority in accordance with the provisions of § 13 para. 5 immediately after he was
delivered by the liquidator or any other authority to
authorised in the Member State of the European Union, in which the decision was
released. The decision is also published in a trade journal, even
at the request of the liquidator, unless the obligation in the first sentence here.
7) Council Regulation (EC) no 1346/2000 of 29 June 2000. May 2000 on insolvency
control. ".
Transitional provisions
§ 44
1. Bankruptcy proceedings initiated before the date of entry into force of this Act
shall be completed according to the existing legislation.
2. the remuneration for the performance of the functions of the receiver and the reward for performance
features of the composition Manager provided for under this Act belong to the administrators
even in proceedings that were initiated before the date of entry into force of this
the Act, with the exception of bankruptcy proceedings in which has already been posted up on the
the court notice board final report on the liquidation of assets from the estate with
a breakdown of the remuneration and expenses of the receiver.
PART EIGHT
Amendment of the Act on supplementary pension insurance with State contribution and changes
Some laws related to its introduction
§ 45
Act No. 42/1994 Coll. on supplementary pension insurance with State contribution and
about changes to certain laws related to its introduction, as amended by
Act No. 61/1996 Coll., Act No. 15/1998 Coll., Act No. 169/1999 Coll.
the Act No. 353/2001 Coll., Act No. 309/2002 Coll., Act No. 37/2004 Coll., and
Act No. 256/2004 Coll., is amended as follows:
1. in article 2, the following paragraph 3, including the footnotes no 1ab
and the 1ac is added:
"(3) the conditions to be a party under paragraphs 1 and 2 demonstrate
the participants also birthplace of the number allocated by the competent authority of the United
States ^ 1ab) and if the insured person has not been allocated, the number held in the
insured persons registry ^ 1ac).
1AB) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
regulations.
1ac) section 27 of Act No. 586/1992 Coll., on premiums for general health
insurance, as amended. ".
2. In article 42, paragraph 3 shall be inserted after paragraph 4, 5 and 6, which
including footnote No 13ab shall be added:
"(4) in the exercise of State supervision, the Ministry is obliged to examine whether the
a natural person who is a party, meets the conditions laid down in section 2 of the
paragraph. 1, and whether the supplementary pension insurance nezaniklo the death of the participant. To
the fulfilment of those obligations is the Ministry shall be entitled to require that
Ministry of the Interior in the information system of population register
and) the name or name, last name, social security number, and date of termination
of residence of the participant, if a citizen of the United States,
(b) the name or names), surname, birth number and type of stay
the participant, if the stranger,
(c)) date of death of the participant ^ 13ab).
(5) an examination of the data referred to in paragraph 4 (b). a), b) is the Ministry of
entitled to request four times per calendar year, the examination of the information
referred to in paragraph 4 (b). (c)) twice per calendar year. Details
referred to in paragraph 4 provides the Ministry of Interior of the Czech Republic
upon request of the Ministry in electronic form under the Special
the law governing electronic signatures or on the technical
data carrier. To verify the current status of the data in the range indicated in the
paragraph 4 is the Ministry shall be entitled to obtain data from the information
system of population register also manner allowing remote access
(online).
(6) in order to verify compliance with the conditions of a natural person to be a party
According to § 2 (2). 2 is the Ministry required to further examine whether the physical
a person is an employee, public health insurance in the Czech Republic. To
the fulfilment of those obligations is the Ministry shall be entitled to request
four times per calendar year examination of the data on the name, or names,
last name, number of the insured person and of the date of termination of participation of the insured person to
public health insurance in the Czech Republic from the register of insured persons,
maintained by the general health insurance company Headquarters the United States according to the
special legal regulation ^ 1ac). The information referred to in this paragraph
provides general health insurance company of the United States on the basis of
the application of the Ministry in an electronic format under a special legal
the rules relating to an electronic signature or a technical device
the data.
13ab) section 8 of Act No. 133/2000 Coll.
Paragraphs 4 to 7 shall become paragraphs 7 to 10.
3. In article 43, the following paragraph 3, including the footnotes No.
13 c-13e:
"(3) the Measures provided for in paragraph 1 shall not affect the rights and obligations
arising from financial collateral ^ 13 c) according to a special legal
^ Regulation 13d) or foreign legislation, that pension fund
provided or has been provided. This measure is also without prejudice to the
the ability to perform the final settlement of a pension fund under the Special
legislation governing the capital market ^ 13e).
13 c) directive of the European Parliament and of the Council 2002/47/EC of 6 May 1999. June
2002 on financial collateral agreements.
13D) commercial code.
13E) Act No. 256/2004 Coll., on the capital market, as amended by
Act No. 633/2004 Coll. ".
Former footnote No. 13 c and 13d are referred to as comments below
line no. 13f and 13 g, including references to footnotes.
4. In article 46, the following paragraph 3 is added:
"(3) in connection with the fulfilment of their tasks under this law are
the Ministry and the Pension Fund is authorised to keep a record, process or
to collect the social security numbers of holders of social security numbers referred to in the Treaty,
or similar identification numbers, if not your social security number
allocated. ".
PART NINE
cancelled
§ 46
cancelled
PART TEN
cancelled
§ 47
cancelled
PART ELEVEN
To change the code of civil procedure
§ 48
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 116/1994
Coll., Act No. 152/1994 Coll., Act No. 216/1994, Coll., Act No. 84/1995
Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 247/1995
Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,
Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,
Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.
Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared
under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,
Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.
Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Sb.
and Act No. 59/2005 is amended as follows:
1. In section paragraph 309a 1 the words "was if the claim from the debtor's account
stopped ^ 82) "shall be replaced by the words" If the claim from the debtor's account
stopped by a special legal regulation ^ 82) ".
Footnote No. 82:
"82) § 152-174 of the civil code.
section 323a 323i to the commercial code.
§ 72 of Act No. 337/1992 Coll., as amended by Act No. 255/1994 Coll. ".
2. In paragraph 317, the following paragraph 3, including the footnotes No.
85A and 85b is inserted:
"(3) the enforcement of a decision is not subject to monetary claims that are
subject to financial collateral ^ 85a) according to a special legal
prescription ^ 85b) or under foreign law.
85A) directive of the European Parliament and of the Council 2002/47/EC of 6 May 1999. June
2002 on financial collateral agreements.
85B) commercial code. ".
3. In paragraph 334, paragraph 3 the following paragraph 4 is added:
"(4) if the certificated securities or other instrument referred to in paragraph 3,
subject to financial collateral ^ 85a) according to a special legal
prescription ^ 85b) or under foreign law, it cannot be for the duration of
This financial security to carry out enforcement sale of these
chattels. ".
The current paragraph 4 shall become paragraph 5.
4. In paragraph 5, the following paragraph 334a, which reads as follows:
"(5) if the dematerialized and immobilized securities referred to in paragraph 1
subject to financial collateral ^ 85a) according to a special legal
prescription ^ 85b) or under foreign law, it cannot be for the duration of
This financial security to carry out enforcement of their sales. ".
PART TWELVE
Change the enforcement code
§ 49
Act No 120/2001 Coll., on judicial executors and enforcement activities
(execution procedure), as amended by Act No. 6/2002 Coll., Act No. 279/2003 Coll.
Act No. 360/2003 Coll., Act No. 53/2004 Coll., Act No. 283/2004 Coll.
Law No. 499/2004 Coll. and Act No. 501/2004 is amended as follows:
1. In paragraph 67, the current text shall become paragraph 1 and the following
paragraph 2, which including the footnotes # 18a and 18b is inserted:
"(2) if the certificated securities or other instrument referred to in paragraph 1
subject to financial collateral ^ 18a) according to a special legal
^ Regulation 18b) or under foreign law, it cannot be for the duration of
This financial security to carry out enforcement sale of these
the sale of goods.
18A) directive of the European Parliament and of the Council 2002/47/EC of 6 May 1999. June
2002 on financial collateral agreements.
18B) commercial code. ".
2. In paragraph 78 (c). (b)) after the word "of", the words "legal acts,
declarations and about ".
PART THIRTEEN
cancelled
§ 50
cancelled
PART OF THE FOURTEENTH
cancelled
§ 51
cancelled
PART FIFTEEN
Amendment of the Act on the liability insurance of the vehicle
§ 52
Act No. 168/1999 Coll., on liability insurance for damage caused by
the operation of the vehicle and amending certain related laws (the law on the
liability insurance of the vehicle), as amended by Act No. 307/1999
Coll., Act No. 56/2001 Coll., Act No. 320/2002 Coll. and Act No. 47/2004
Coll., is amended as follows:
1. In article 6 (1). 2 (a). (d)), after the words "in accordance with subparagraphs) (c)),"
the words "in connection with the damage referred to in subparagraph (b)), or (c)), however, only in the
the case of the fruitless expiry of the period referred to in § 9 para. 3 or unauthorized
refusal or unjustified reduction of indemnity by the insurer, ".
2. the following shall be added in article 15, paragraphs 9 and 10, which include footnotes
No. 24 and 25:
"(9) Insurers shall communicate to the Office information on the item of loss and insurance
events including personal data to be processed for the purposes of section 3 (2). 6, §
18 paragraph 1. 2 (a). f) and (g)) of this Act and the Act on insurance ^ 24).
The provisions of paragraphs 1, 4, 7 and 8 shall apply mutatis mutandis.
(10) in relation to the legislation governing the protection of personal data
has the implementation of the obligations under this Act, the nature of the obligations
special legislation imposed 25 insurers, ^) Office and
administrative bodies and personal data obtained for the performance of one of the obligations
considered to be acquired for the performance of any other duties according to the
of this Act.
24) § 39 para. 13 of Act No. 363/1999 Coll.
25) § 5 para. 2 (a). a) of Act No. 101/2000 Coll., on the protection of personal
data and on amendments to certain laws, as amended. ".
3. in the section 18 para. 2 at the end of subparagraph (g)) is replaced by a comma and dot
the following point (h)), including footnote # 26:
"h) processes for the needs of its members or their insurers ' bureaux
foreign States and their member insurance companies data on road accidents
from the police of the Czech Republic in a way allowing remote access to
data. Other legal entity in this way such data Office
passes only on condition that the police of the Czech Republic is based on the
^ 26 Act) is required to pass such information to that person, and at the same time for
the conditions for a reasonable cost recovery Office.
26) for example, § 55 para. 2 of Act No. 48/1997 Coll., on public health
insurance, as amended. ".
4. in section 24 para. 8 the first sentence, after the words "what filled in for him,"
the words "including the costs of another person charged with executing Agencies
the case and the provision of implementation of victim or claiming. Against the
the claim for compensation under the Office of the first sentence are solidárními
the operator and owner of the vehicle the borrowers, which was caused by
a pity; the driver is in such a solidarity by the debtor, if the damage
matches. ".
5. in section 24, the following paragraph 10 is added:
"(10) where the Office entrusts the expediting of the case referred to in paragraph 2 or 8
Member of the Office, a separate claims or of the liquidator
another person, providing them with all the details for its handling, including
the necessary personal data. ".
6. In section 24b of paragraph 1. 1 (b). (b)) after the word "vehicle", the words "on
territory of a Member State other than the Czech Republic, ".
PART OF THE SIXTEENTH
Amendment to the law on budgetary rules
§ 53
Act No. 218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), as amended by Act No. 493/2000
Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No.
450/2001 Coll., Act No. 320/2001 Coll., Act No. 202/2002 Coll., Act No.
320/2002 Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll., Act No.
257/2004 Coll., Act No. 480/2004 Coll., Act No. 435/2004 Coll., Act No.
1/2005 Coll. and Act No. 127/2005 Coll., is amended as follows:
1. In § 33 para. 3 the first sentence, after the words "to (d))" the words "and accounts
the reserve funds of organisational units of the State included in paragraph 2 (a).
(e)) ".
2. In § 33 para. 4 the first sentence, after the words "to (h))" the words "with the
the exception accounts organizational components of the State reserve funds included in the
paragraph 2 (a). (e)) ".
3. In section 34 para. 4 the first sentence, after the words "to (d))" the words "and on the
accounts of organisational units of the State reserve funds included in the
paragraph 2 (a). (e)) ".
4. In section 34 para. 4 the second sentence after the word "regulations" shall be inserted after
the words "use of funds Reserve Fund pursuant to § 48 para. 4 (b). (e)),
§ 48 para. 6 and § 50 para. 2, ".
5. In § 45 para. 7, the words ' abroad ' shall be deleted.
6. In § 45 para. 8 the second sentence after the word "budget," the words "with the
the exception accounts reserve funds of organisational units of the State specified in §
33 para. 3. "
7. In paragraph 49, the following paragraph 10, which including the footnotes No.
12A and 12b be added:
"(10) the Department of State may, under its employees pay part
contribution to the pension insurance ^ 12a) and part of the premiums for private
life insurance ^ 12b), paid by the employer to an insurance undertaking on the basis of
the insurance contract concluded between an employee as the policyholder and
the insurance company only from the Fund for cultural and social needs. Terms and conditions
payment of a premium and the amount of the adjusted Decree on the Fund for cultural and
social needs.
12A) Act No. 42/1994 Coll. on supplementary pension insurance with State
contribution and on changes of some acts related to its introduction,
in the wording of later regulations.
12B) § 23 para. 2 (a). zo) Act No. 586/1992 Coll., on income taxes,
as amended. ".
8. In paragraph 62, the following paragraph 4 is added:
"(4) an organization may cover part for our employees
contribution to the pension insurance ^ 12a) and part of the premiums for private
life insurance ^ 12b), paid by the employer to an insurance undertaking on the basis of
the insurance contract concluded between an employee as the policyholder and
the insurance company only from the Fund for cultural and social needs. Terms and conditions
payment of a premium and the amount of the adjusted Decree on the Fund for cultural and
social needs. "
Transitional provision
§ 54
The branch of the State, whose account is not kept in the reserve fund
The Czech National Bank, it shall not later than 6 months from the effectiveness of the
This law such an account to cancel, to establish a reserve account instead
the Fund, the Czech National Bank and the resources of the reserve fund
convert. Failure to meet this obligation is considered a breach of the budgetary
discipline within the meaning of § 44 para. 1 (b). and).
PART SEVENTEEN:
Amendment of the Act on reserves for the findings of the corporate tax base
section 55
Act No. 593/1992 Coll., on reserves for the findings of the corporate tax base,
as amended by Act No 157/1993 Coll., Act No. 323/1993 Coll., Act No.
542/1993 Coll., Act No. 249/1994 Coll., Act No. 132/1995 Coll., Act No.
211/1997 Coll., Act No. 333/1998 Coll., Act No. 363/1999 Coll., Act No.
492/2000 Coll., Act No. 126/2002 Coll., Act No. 260/2002 Coll., Act No.
176/2003 Coll., Act No. 441/2003 Coll. and Act No. 669/2004 Coll., is amended
as follows:
1. In article 3, paragraph 3. 3 the second sentence, after the words "a demonstrable record of
claims "the words" a maximum of the amount laid down by this
demonstrable evidence ".
2. In article 3, paragraph 3. 3 of the fourth sentence, after the words "registration of such reserve"
the words "and that a maximum of the amount laid down by the demonstrable
records ".
3. in § 5 para. 1 and 2 in the introductory part of the provisions, the colon after
the word "period" is deleted.
4. In § 5 paragraph 6 is added:
"(6) if the Bank ^ 4) never did not create a corrective entry referred to in paragraph 2
(a). and the claim of credit) as defined in paragraph 3, it can create
corrective entry of up to 100% of outstanding balance sheet values
claims without accessories, and under the following conditions:
the balance sheet value of the claim) without accessories at the time of
the emergence of does not exceed 30 000 CZK
(b) since the end of the agreed period) is due at least 12 have passed
months and
(c) the date of creation) adjusting items does not exceed Bank ^ 4) total value
receivables without accessories against the same debtor arising from loans
the amount of CZK 30,000.
On the claim, which was created by a provision of this
provisions, the Bank is ^ 4) obliged to keep separate registers. ".
5. § 5 para. 7, the word "law ^ 16)" is replaced by "law
governing tax administration ^ 16) ".
6. In section 5a paragraph 2. 1 the first sentence, after the words "(hereinafter referred to as" loans "),"
the words "including the related accessories".
7. In article 5a is inserted after paragraph 5 a new paragraph 6 is added:
"(6) adjustments are made to the nepromlčeným also claims title
Accessories, up to 100% of outstanding balance sheet values
claims, subject to the following conditions:
and accessories related to the claim), which can be used to create a corrective
items under this provision,
(b)) was the appropriate amount of accessories tax period or in the
previous tax periods posted to revenues and income
According to a special legal regulation ^ 1 d) tv special
income tax or nezahrnovaným in the tax base from income and
(c)), the total value of receivables from accrued which meets both
the conditions referred to in points) and (b)), that are related to claims
the taxpayer incurred against the same debtor of the credit shall not exceed the amount
30 000 CZK.
About the claims, which were created according to the provisions of this
paragraph, the subjects are obliged to keep separate registers. ".
Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.
§ 56
Transitional provisions
1. the provisions of § 5 para. 6 of Act No. 593/1992 Coll., as amended by this
the law, for the creation of adjustments it's the first time for the tax
the period beginning in 2005. Value adjustments according to the
the provisions of § 5 para. 6 of Act No. 593/1992 Coll., as amended by this Act,
It is not possible to receivables arising from the 31. 12.2003.
2. For creation of provisions and reserves, the provisions of section 5a paragraph 2. 1 and 6
Act No. 593/1992 Coll., as amended by this Act, shall apply for the first time in
a tax year that began in 2005.
PART EIGHTEEN
Amendment of the Act on excise duties
§ 57
Act No. 356/2003 SB., on the Excise Tax Act, as amended by Act No.
479/2003 Coll., Act No. 356/2003 Coll., Act No. 235/2004 Coll., Act No.
313/2004 Coll., Act No. 561/2004 Coll., Act No. 695/2004 Coll., Act No.
179/2005 Coll. and Act No. 217/2005 is amended as follows:
1. In paragraph 3, at the end of the dot is replaced by a comma and the following letter t)
added:
"t) bank guarantee under this Act means a guarantee issued by the Bank
or savings and úvěrním cooperative. ".
2. In § 49 paragraph 10 is added:
"(10) are exempt from tax mineral oil listed in § 45 para. 1
(a). (b)), for use as fuel for navigation on the waters of the tax
the territory of the Czech Republic. This provision does not apply to mineral oils
used for private pleasure craft. ".
3. In § 92 para. 1 and § 97 para. 3, after the words "their guests."
the words "including participation in exhibitions and competitions of wines".
4. In section 119 paragraph 1. 5 (b). and the word "), after the words" Bank ", or
savings and credit cooperatives ".
PART NINETEEN
Amendment of the Act No. 216/2005 Coll.
§ 58
In the article. (II) Act No. 217/2005 Coll., amending Act No. 356/2003 Coll.,
the Excise Tax Act, as amended, law No. 266/1991
Coll. on the competence of the authorities of the Czech Republic in the area of prices, as amended by
amended, and some other laws, point 4, first sentence, after the
the word "purchased" the words "or made", the words "for the price
containing tax "shall be inserted the words" or in their consumption for production
the heat led tax "and after the words" Eur 11 980/1000 l shall be inserted after the words
"or 11 840 Eur/1000 l" and after the word "purchased" with the words "or the
made ".
PART TWENTY-
Amendment of the Act on the protection of rights to plant varieties
§ 59
In § 23 para. 1 (b). a) of Act No. 408/2000 Coll., on the protection of the rights of the
varieties of plants and amending Act No. 92/1996 Coll., on plant varieties, seeds and
planting crops, as amended, (the Act on
protection of the rights to the varieties), as amended by Act No. 147/2002 Coll., Act No.
149/2002 Coll. and Act No. 218/2003 Coll., after the words "foreign branches
the Bank "the words" or savings and credit cooperatives ".
PART OF THE TWENTY-FIRST
Amendment of the Act on fees for maintaining the patent and the supplementary protection
certificates for medicinal products and for plant protection products and amending
Some laws
section 60
Act No. 173/2002 Coll., on the fees for maintaining patents and supplementary
protection certificate for medicinal products and for plant protection products and on the
amendments to certain laws, is amended as follows:
1. In section 10, paragraph 1. 1 (b). and), after the words "of a branch of a foreign bank"
the words "or savings and credit cooperatives".
2. In section 10, paragraph 1. 1 (a) (b)) item 1:
"1. through a bank or a branch of a foreign bank or
savings and credit cooperatives, or mail the licence to the holder
the account of the Office, ".
PART TWENTY-TWO
Amendment of the Act on insurance and funding export with State support
§ 61
Act No. 58/1995 Coll., on insuring and financing export with State
support and supplement of Act No. 166/1993 Coll. on the Supreme Audit
the Office, in the wording of later regulations, as amended by law No 60/1998 Coll.,
Act No. 188/1999 Coll. and Act No. 280/2002 Coll., is amended as follows:
1. In section 2, the following letter hh), which read as follows:
"hh) bank guarantee guarantee issued by a bank or savings and úvěrním
a cooperative, ".
2. in article 2, the following paragraph 2a is inserted:
"§ 2a
Provisions of this Act relating to the bank for savings and credit
the cooperative shall apply mutatis mutandis. ";"
PART TWENTY-THREE
Amendment of the Act on social security and a contribution to the State
employment policy
§ 62
In section 19 of Act No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended by Act No. 29/2000
Coll. and Act No. 424/2003 Coll., is at the end of paragraph 3 the following sentence
"The provisions of this Act relating to the bank apply to savings and
credit cooperatives by analogy. ".
PART OF THE TWENTY-FOURTH
To change the order of notaries in the
§ 63
Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in
amended by Act No. 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000
Coll., Act No. 120/2001 Coll., Act No. 311/2001 Coll., Act No. 352/2001
Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., Act No. 349/2002
Coll., Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 18/2004 Coll., Act No. 235/2004 Coll., Act No.
284/2004 Coll., Act No. 554/2004 Coll. and Act No. 628/2004 Coll., is amended
as follows:
1. In § 85 para. 3 the first sentence after the word "Bank", the words ",
or branch of a foreign bank, or savings and credit cooperatives ".
2. In § 86 para. 1, the word "Bank", the words "or an affiliate
a foreign bank or a savings and credit cooperatives ".
3. In § 86 para. 1 (b). (f)), after the word "Bank", the words ", or
a branch of a foreign bank, or savings and credit cooperatives ".
4. In § 86 para. 1 (b). (g)), after the word "Bank", the words ", or
a branch of a foreign bank, or savings and credit cooperatives ".
PART OF THE TWENTY-FIFTH
Amendment of the Act on pension insurance
§ 64
Act No. 155/1995 Coll., on pension insurance, as amended by Act No.
19/1996 Coll., Act No. 218/1996 Coll., Act No. 255/1996 Coll., Act No.
129/1997 Coll., Act No. 138/1997 Coll., Act No. 261/1997 Coll., Act No.
289/1997 Coll., Act No. 104/1998 Coll., Act No. 235/1998 Coll., Act No.
224/1999 Coll., Act No. 222/1999 Coll., Act No. 18/2000 Coll., Act No.
118/2000 Coll., Act No. 132/2000 Coll., Act No. 220/2000 Coll., Act No.
375/2000 Coll., Act No. 115/2001 Coll., Act No. 185/2001 Coll., Act No.
346/2001 Coll., the Act No. 353/2001 Coll., Act No. 198/2002 Coll., Act No.
263/2002 Coll., Act No. 264/2002 Coll., Act No. 422/2002 Coll., Act No.
439/2002 Coll., Act No. 338/2003 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 85/2004 Coll., Act No.
281/2004 Coll., Act No. 359/2004 Coll., Act No. 435/2004 Coll., Act No.
521/2004 Coll., Act No. 561/2004 Coll., Act No. 561/2004 Coll. and act
No 168/2005 is amended as follows:
1. In § 64 para. 2, after the words "at a bank in the Czech Republic"
the words "or branch of a foreign bank or savings and credit
cooperatives in the Czech Republic ".
2. In § 64 para. 3, after the words "at a bank in the Czech Republic"
the words "or branch of a foreign bank or savings and credit
cooperatives in the Czech Republic ".
PART TWENTY-SIX
Amendment of the Act on State social support
§ 65
In § 58 para. 3 of Act No. 117/1995 Coll., on State social support, in
amended by Act No. 320/2002 Coll. and Act No. 461/2003 Coll., the first sentence reads as follows:
"Dose refers to the beneficiary's account with a bank in the Czech Republic, or
branches of foreign banks operating in the territory of the Czech Republic
or savings and credit cooperatives in the Czech Republic, or is paid
in cash. ".
PART TWENTY-SEVEN
Amendment of the Act on the Czech consolidation agency
§ 66
Act No. 241/2001 Coll., on the Czech Consolidation Agency and amending
to certain acts (the Act on the Czech Consolidation Agency), as amended by law
No 15/2002 Coll., Act No. 126/2002 Coll., Act No. 256/2004 Coll., Act
No 482/2004 Coll. and Act No. 179/2005 is amended as follows:
1. In section 4, paragraph 4. 3 the following is added at the end of the text: "the members of the
the Board of Directors may be covered against their Agency
liability in the performance of the functions of a Board member of the Agency;
for the purposes of this Act, the premium paid for this Insurance Agency
It is not considered remuneration Board member. ".
2. In article 6 (1). 6 the following is added at the end of the text: "the members of the Supervisory Board
the Agency may be covered against its liability for damage in
the performance of the Member of the Supervisory Board of the Agency; for the purposes of this Act,
premiums paid by the Agency for this insurance is not regarded as a reward
Member of the Supervisory Board. ".
PART OF THE TWENTY-EIGHTH
cancelled
§ 67
cancelled
PART OF THE TWENTY-NINTH
Changing the law on lotteries and other similar games
§ 68
Act No. 202/1990 Coll. on lotteries and other similar games, as amended by
Act No. 71/1994 Coll., Act No. 148/1998 Coll., Act No. 63/1999 Coll.
the Act No. 353/2001 Coll., Act No. 320/2002 Coll. and Act No. 284/2004
Coll., is amended as follows:
1. In section 4b of paragraph 1. 1, the word "Bank", the words "or savings
and credit cooperatives ".
2. In section 4b of paragraph 1. 2, after the words "to request Bank certificate ' shall be
the words "or savings and credit cooperatives" and after the words "to submit
Bank certificate "shall be inserted the words" or savings and credit
the cooperative ".
PART THIRTY-
Amendment of the Act on public auctions
§ 69
In section 10, paragraph 1. 2 of law No. 26/2000 Coll., on public auctions, the
"banks," the words "or savings and credit cooperatives".
PART OF THE THIRTY-FIRST
Amendment to the law on value added tax
section 70
Act No. 235/2004 Coll., on value added tax, as amended by Act No.
635/2004 Coll., Act No. 669/2004 Coll. and Act No. 124/2005 Coll., is amended
as follows:
1. In article 2 (2). 1 (b). a) after the word "tax" the words "in the framework of the
the implementation of the economic activity ".
2. In article 2 (2). 1 (b). (b)) after the word "tax" the words "in the framework of the
the implementation of the economic activity ".
3. In article 2 (2). 1 (b). (c)), after the words "territory of the country by a taxable person"
the words "in the framework of the implementation of the economic activity".
4. In article 2 (2). 2 (a). (b)) after the word "business", the words "and
that is not a payer or person identified for VAT ".
5. In section 4, paragraph 4. 1 (b). h) after the word "payment", the words "tax when
imports of goods ".
6. In section 4, paragraph 4. 1 (b). r) at the end of words "and 4".
7. in section 4, paragraph 4. 3 (f)), including footnotes 4 and 4a is added:
"f) passenger car transport, which is in a technical
^ 4) certificate or certificate of title registered category M1 or M1G;
If the registration category is missing, defines this category of special
law ^ 4a),
4) Decree No. 341/2002 Coll., on the approval of the technical competence and the
the technical conditions of the use of vehicles on the road, in the
amended by Decree No. 100/2003 Coll.
4A) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road
roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance
for damage caused by operation of the vehicle and amending certain related
laws (the law on the liability insurance of the vehicle), as amended by
Act No. 309/1999 Coll., as amended. ".
8. In section 4, paragraph 4. 4 at the end of words "with the exception of the foreign equivalent
currencies to the Czech currency for the purpose of determining the taxable amount on importation of goods
under section 38, which is the rate to be determined in accordance with the customs legislation ".
9. in § 5 para. 2 the first sentence at the end of words ", and it
carried out in order to obtain income ".
10. In § 13 para. 3 (b)):
"(b)) the supply of goods through the Commissioner on the basis of a Commission
contract or similar type; the delivery of the goods shall be deemed to
separate supply of goods to a principal or a third party agents and
separate delivery of the goods to a third party or komisionářem komitentovi, ".
11. In § 13 para. 10 (a). (d)) at the end of the words "or leads
tax register accordingly, as regards the payer who does not have
the obligation to keep accounting. "
12. in § 14 para. 2 (b)):
"(b)) the provision of the service through agent based on
in light of the contract or of similar type; This service is
considered to be a separate supply of a service of a principal or a third party
agents and a separate supply of a service to a third party komisionářem
or komitentovi. ".
13. in § 14 para. 5 (b). (b)), after the words "in the intangible assets ' shall be
the words ", including the provision of services".
14. in § 14 para. 5 (b). (e)) at the end of the words "or leads
tax register accordingly, as regards the payer who does not have
the obligation to keep accounting. "
15. In article 16(1). 1 in the second sentence after the words "installation or Assembly"
shall be inserted after the words "the supply of gas through transmission or
the distribution system, or of electricity ".
16. In article 16(1). 4, after the words "paragraph 35", the word "goods" shall be deleted.
17. in paragraph 2 of section 20 reads as follows:
"(2) the importation of goods for the purposes of this Act, considers the return of goods
that is after the previous location in the free zone or the free
warehouse located in the territory of the country is returned to the home country. For the return of
goods into the territory does not constitute a supply of goods to another Member State
directly from a free warehouse or free zone and the export of goods directly from
free warehouse or free zone ".
18. in section 21 para. 6 (a). and), after the words "payment schedule"
the words "or a document on received payment".
19. in section 21 para. 7 (b). (h)) and i), after the words "Commission agreement"
the words "or of the contract type".
20. In article 24, paragraph 3 reads:
"(3) the provisions of paragraphs 1 and 2 shall likewise apply to the supply of goods with
installation or Assembly and supply of gas through transmission or
the distribution system, or of electricity pursuant to § 13 para. 8 and 9. ".
21. in section 24a of para. 3, after the words "installation or Assembly" shall be inserted after
the words "supply of gas through transmission or distribution system
or the supply of electricity ".
22. in section 26 para. 1 at the end of the first sentence the words "and the payer
the date of acceptance of the payment was required to disclose tax on output; If
required to disclose tax payer does not arise when payment is received before
in question through transactions, tax receipt when you receive payments must not expose ".
23. in section 26 paragraph 4, including the footnotes # 20 and 21:
"(4) a tax receipt may be issued with the consent of the person to whom the
carries out taxable transactions exempt or eligible
the tax deduction, as well as in electronic form, if a payer or person
referred to in paragraph 3 provided an advanced electronic signature
based on a qualified certificate, or an
based on a qualified system certificate according to the specific
^ law 20) or if it is guaranteed by the authenticity of the origin and
the inviolability of the content of the tax document by electronic information exchange
(EDI) ^ 21).
20) Act No 227/2000 Coll. on electronic signature, as amended
regulations.
21) Article. 2 of Commission recommendation 1994/820/EC of 19 June 2000. October 1994 on
the legal aspects of the electronic exchange of information. ".
24. In section 27 para. 2, the word "and" after the word "origin" is replaced by a comma and
the words "electronic exchange of information (EDI) ^ 21) or has a
electronic signature under special legislation. ^ 20) "
replaced by the words "and if it is converted into electronic tax document
form fitted with an advanced electronic signature based on a
the qualified certificate ^ 20) or marked with an
based on a qualified system certificate ^ 20) of the person responsible
for his conversion. ".
25. in section 30 paragraph 2. 4 at the end of the following sentence "a tax document in
the export of goods is also another decision on release of goods under a customs procedure
export or outward processing issued by the Customs authorities. ".
26. in paragraph 30. 5, the words "verified according to a special legal
prescription ^ 20) "shall be replaced by the words" fitted with advanced electronic
signature based on a qualified certificate that was issued by a
an accredited certification service provider, under a special
^ law 20), or marked with an electronic tag based on
qualified system certificate that was issued by an accredited
the provider of certification services ^ 20) ".
27. in section 30, paragraph 6 shall be deleted.
28. in § 31 para. 3, after the words "with the installation or Assembly"
the words "or the supply of gas through transmission or distribution
system, or of electricity ".
29. in § 32 para. 3, after the words "with the installation or Assembly"
the words "or the supply of gas through transmission or distribution
system, or of electricity ".
30. In § 33 para. 3, after the words "with the installation or Assembly"
the words "or the supply of gas through transmission or distribution
system, or of electricity ".
31. in § 39 para. 2 the words "(a). a) "is replaced by" paragraph 1 ".
32. In paragraph 2 of section 40. 3 the words "(a). a) "is replaced by" paragraph 1 ".
33. In article 48, paragraph 1 reads:
"(1) for the transfer of a residential house, the family home and apartment, including
the incomplete apartment house, family house and apartment, apply a reduced
the tax rate, unless the law provides otherwise. ".
34. In § 56 para. 4 the second sentence after the word "construction", the words "bytes
and non-residential premises "and the third sentence shall be replaced by the phrase" short
lease of buildings, flats and non-residential premises means the rent, or
including the internal movable equipment or the supply of electricity, heat, cooling,
gas or water, for up to 48 hours. ".
35. paragraph 57, including footnotes # 42, 43, 44, 44a, 44b, 44 c, 44d,
44e and 44 septies reads as follows:
"§ 57
(1) Education and training for the purposes of this Act, the
and) educational and training activity provided in kindergartens,
primary schools, secondary schools, conservatories, higher
vocational schools, basic art schools, further education and
educational activities in the framework of practical teaching or practical
training carried out in workplaces of natural or legal persons,
that have permission to activities related to the scope of the education and
they have entered into a contract with the school about the content and scope of practice
or a professional practice and the conditions for their venue ^ 42),
(b) the services provided by the school) school facilities that are
written in a school register ^ 43) and that complement or support
education in schools according to subparagraph (a)) or directly related to him; further
ensure institutional or protective care or preventive educational
care ^ 44),
(c) educational activities provided for) universities ^ 44a)
1. accredited bachelor's, master's and doctoral
study programmes,
2. the programmes carried out in the framework of the lifelong learning
accredited bachelor, master and doctoral degree
programs,
3. lifelong learning programmes carried out under
special legislation ^ 44b)
4. in the programmes of lifelong learning carried out as
University of the third age,
d) activities carried out for the purpose of retraining for job seekers,
of jobseekers, and individuals with disabilities
on the employment rehabilitation accredited devices ^ 44 c)
or devices that perform this activity in accordance with special laws,
regulations and have concluded an agreement with the Labour Office,
e) educational and training activities in the framework of the implementation of compulsory education
pupils in schools established in the territory of the United States and unchecked to
school register, in which the Minister of education, youth and sports
has enabled the implementation of compulsory education ^ 44d)
(f)) language education provided by natural and legal persons
active in the field of language education, recognized by the Ministry of
education, youth and sports ^ 44e) and language education
of persons competent in the field of language learning in
preparatory courses for the execution of standardized language tests
recognised by the Ministry of education, youth and sports ^ 44 septies);
g) educational, educational and leisure activities provided by the children and
youth organisations and the non-State non-profit příspěvkovými
children's and youth organisations, which are provided to these activities
resources from the State budget, from the budgets of local government
units, State funds from grants awarded by a special Act
or from the resources of the European Union.
(2) shall be exempt from the provision of goods or services
carried out in the framework of the education and training referred to in paragraph
1.
42) section 7 of the Act No. 561/2004 Coll. on pre-school, primary, secondary,
higher vocational and other education (the Education Act).
43) section 65 paragraph 1. 2 and § 96 para. 2 Act No. 561/2004 Coll.
44) Act No. 109/2002 Coll. on the execution of institutional care or protective
education in school facilities and on preventive educational care in
school facilities and amending other laws, as amended
regulations.
44a) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (law on higher education), as amended
regulations.
44B) for example, the law No. 563/2004 Coll. on pedagogic workers and about
amendments to certain laws.
44 c) Decree No. 524/2004 Coll., on the accreditation of facilities to carry out
requalification of job seekers and applicants for employment.
44d § 38 (a)). c) of Act No. 561/2004 Coll.
44e) Annex No. 1 of the Decree No 183/1998 Coll., laying down more
study, or teaching for the purposes of State social support and
pension insurance considers the study on medium or high
schools, as amended, where appropriate, as referred to in another
the list issued by the Ministry of education, youth and sports.
44 septies) decision of the Ministry of education, youth and sports, which is
provides a list of standardized language tests, or other another
similar list. ".
36. In paragraph 61 (b)):
"(b)) the supply of services and of goods closely linked to the protection of children
and young people by public bodies or legal persons that
have not been established or set up for the purpose of the business, ".
37. section 62:
"§ 62
Delivery of the goods, which was used for exempt transactions without
the right of deduction, and the goods for which the payer has the right to deduct
tax
(1) exempt the supply of goods which
acquisition or change of purpose of use, the payer could not assert
the right to deduct, since it is used to carry out transactions
exempt from the tax.
(2) exempt delivery is a passenger car, while
whose acquisition did not have the right to deduct the tax payer, and delivery of goods,
whose acquisition did not have the right to deduct the tax payer under section 75 para. 3. ".
38. In article 65 paragraph 1. 1, after the words "in the territory of the country is" the words "in any
case ".
39. In paragraph 69, paragraphs 1 to 3 shall be added:
"(1) the transport of goods exports in the country exempt from taxes
entitled to a tax deduction. Services directly linked to imports, including transport
of goods at importation, that person is liable to the tax becomes chargeable
or the obligation to admit to tax under section 23, to include in the taxable amount pursuant to section
38, are in the territory of the exempt with a right to deduct.
(2) in the carriage of goods related to the importation of the goods in accordance with § 12 para. 2 and export
the goods shall not be considered a movement from the place in the country to a free warehouse
or a free zone and vice versa and between two free warehouses or
free zones.
(3) services that are directly tied to the importation of the goods in accordance with § 12 para. 2 and
the export of goods, shall be exempt with a right to deduct input tax, with
the exception of the services specified in § 51, unless the law provides otherwise. ".
40. In § 71 para. 2, after the words "in the territory of the country was" the words "in the
each case ".
41. In § 72 para. 1, the last sentence is replaced by the phrase "entitled to exercise
right of deduction shall arise on the date on which it was required to disclose tax on
output. ".
42. In article 73, paragraph 3 reads:
"(3) the right to deduct the tax payer has received taxable transactions, in
which, upon import, excise duty or obligation
admit to tax under section 23. The right to deduct the tax on importation of goods can be
apply early in the tax return for the tax year in which the
the tax was charged or granted. The payer shall demonstrate the right to deduct
tax document that has been posted under a special legal
prescription ^ 50) or registered in accordance with § 100 for payers who do not complete
accounting. In cases of occurrence of the obligations to admit tax pursuant to § 23 para.
3 and 4, the payer is demonstrated by giving the right to deduct tax on the registration of
for tax purposes. ".
43. In section 74 para. 4, the words "(a). (b)) "shall be replaced by" paragraph. 2. "
44. In section 74 para. 7, the words "(a). a) "is replaced by" paragraph. 1. "
45. In section 82 para. 1, the words "in the calendar year in which the calls"
replaced by the words "during the period, for which it calls" and the words "performance under section 66,
68 and 69 "shall be replaced by the words" towards pursuant to § 66, 68, 69 and 70.
46. In § 83 para. 1, the words "in the calendar year in which the calls"
replaced by the words "in the period for which he has applied" and the number "69" shall be replaced by
the number "70".
47. In § 83 para. 5 (b). (d)), the words "in the calendar year in which the
apply "shall be replaced by" in the period for which it applies "and the number" 69 "
is replaced by the number "70".
48. In § 85 para. 5 at the end of the following sentence "in this case is
must indicate the tax on the tax document and the merchant upon redemption
the special arrangements under section 90. ".
49. In § 89 paragraph 1. 3 the words "actual remittances" are replaced by the words "the amounts
that the payer has paid or has to pay "and the second sentence, the following sentence
"Premium also can be determined as the difference between the total amount
the remuneration received or is to receive the travel
services provided by travel services effected for the tax year, and
the total amount that the travel service has paid or has
pay for purchased travel services or goods from other
taxable persons that are directly included in the travel services
carried out for this tax period. ".
50. in paragraph 90, para. 2 (a). (b)), the words "or a person registered for VAT
in another Member State ' shall be deleted.
51. In paragraph 90, para. 13 at the end of words ", if the law
provide otherwise ".
52. In section 106 paragraph. 7 (b). and), the word "taxable" is deleted.
53. In paragraph 111, point 5 shall be deleted.
54. in annex 2, the fourth sentence read: "accommodation services included in CPA
55 ".
PART OF THE THIRTY-SECOND
Amendment of the Act on financial control
§ 71
Act No. 320/2001 Coll., on financial control in the public sector and amending
Some laws (law on financial control), as amended by Act No.
320/2002 Coll., Act No. 123/2003 Coll., Act No. 426/2003 Coll., Act No.
421/2004 Coll., Act No. 480/2004 Coll. and Act No. 626/2004 Coll., is amended
as follows:
1. In paragraph 2 (a). (j)) at the end of the text, the words ", financial
funds from the proceeds of the sale of assets in privatization provided Fund
national property or the Ministry of finance ".
2. In paragraph 2 (a). about) at the end of the dot is replaced by a comma and the following
letter p) is added:
"p) the Ma Government appointed by a public authority responsible for the
management, coordination and implementation of the funds of the European Union
by directly applicable regulations of the European communities. '.
3. under section 8, the following paragraph 8a is inserted:
"§ 8a
The scope of the managing authority
The managing authority shall perform the veřejnosprávní control in controlled people on
all levels of the implementation of funds from the budget of the European Union
under this Act, and in accordance with the applicable provisions directly
Of the European communities. '.
4. In paragraph 15 (b). a), the words "or appeal ' shall be deleted.
5. § 24 para. 3, in the introductory part, the words ' the provisions of the public authorities
as a management controlled "shall be replaced by" controlled ".
PART OF THE THIRTY-THIRD
Amendment of the Act on prices
§ 72
In § 2 paragraph 3 of Act No. 526/1990 Coll., on prices, reads as follows:
"(3) the seller must not abuse their economic position,
in order to obtain undue economic advantage by selling at an agreed price
including unauthorized charges or undue gain, or to
distort market environment the application of podnákladových of sales prices.
The buyer shall not abuse their economic position to
He received a disproportionate economic advantage by buying at an agreed price
significantly below those of the eligible costs. ".
PART OF THE THIRTY-FOURTH
The EFFECTIVENESS of the
section 73
This Act shall take effect on the date of its publication, with the exception of the provisions
part of the first heads of V to VII, which take effect on 30 April 2005. September 2006,
and part of the thirty-first and thirty-second section, which will become effective
the first day of the month following its publication, with the exception of
the provisions of point 4 of the thirty-second, which shall take effect on 1 January 2000.
January 1, 2006.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
Selected provisions of the novel
Article. The Act No. 57/2006 Sb.
Transitional provisions
1. the Decree issued by the Ministry on the basis of § 34 of Act No. 377/2005
Coll. on supplementary supervision over banks, cooperatives, spořitelními and úvěrními
electronic money institutions, insurance companies and securities dealers
papers in financial conglomerates and amending other laws (the law on the
financial conglomerates directive), in the version in force until the date of entry into force of
of this Act, is deemed to be a decree issued by the Czech National Bank on the
under section 34 of the Act No. 377/2005 Coll., on financial conglomerates directive, in
the version in force from the date of entry into force of this law, that, where
This Decree talks about supervision means supervision.
2. proceedings conducted by the Ministry or by the Commission pursuant to § 9 para. 2 and 7 of the law
No 377/2005 Coll., on financial conglomerates directive, in the version in force until the date of
entry into force of this Act, completes the Czech National Bank.
1) directive of the European Parliament and of the Council 2002/87/EC of 16 December 2002. December
2002 on the supplementary supervision of credit institutions, insurance undertakings and
investment firms in a financial conglomerate and amending
Council Directive 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and
93/22/EEC and European Parliament and Council Directive 98/78/EC and
2000/12/EC.
European Parliament and Council directive 2010/78/EU of 24 October. November
2010, amending Directive 98/26/EC, 2002/87/EC, 2003/6/EC,
2003/41/EC, 2003/71/EC, 2004/39/EC, 2004/109/EC, 2005/60/EC,
2006/48/EC, 2006/49/EC, and 2009/65/EC with regard to the competence of the European
supervisory authority (European banking authority), the authority
supervision (European insurance and occupational pensions
insurance) and the European supervisory authority (European securities
Securities and markets).
Directive of the European Parliament and of the Council of 2011/89/EC of 16 December 2002. November
2011, amending Directive 98/78/EC, 2002/87/EC, 2006/48/EC and
2009/138/EC, with regard to the supplementary supervision of financial entities in the
a financial conglomerate.
6) Act No. 150/2002 Coll., the administrative court rules, as amended
regulations.
7) Act No. 363/1999 Coll., as amended.
Act No. 21/1992 Coll., as amended.
Law No. 15/1998 Coll., on the Securities and Exchange Commission, and amending and supplementing
other acts, as amended.
8) Article. 54 European Parliament and Council Regulation (EC) no 1093/2010 of
24 September. November 2010 establishing a European supervisory authority (European
banking authority), amending Decision No 716/2009/EC and repealing
Commission decision 2009/78/EC.
9) Article. 18 paragraph 1. 1 a European Parliament and Council Directive 2002/87/EC of
16 December 2002. December 2002 on the supplementary supervision of credit institutions,
insurance undertakings and investment firms in a financial conglomerate, as amended by
Directive 2010/78/EU
.
10) European Parliament and Council Regulation (EU) no 1092/2010 of 24.
November 2010 on Community macro prudential oversight of the financial system
the level of the European Union and establishing a European systemic risk Board.