On The Financial Conglomerates Directive

Original Language Title: o finančních konglomerátech

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60437&nr=377~2F2005~20Sb.&ft=txt

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.