141/2011 Sb.
DECREE
of 13 October. May 2011
about the performance of activities of payment institutions, electronic money institutions,
payment service providers and small publishers
small-scale electronic money
31/2014: Sb.
233/2014: Sb.
The Czech National Bank provides under section 142 of the Act No. 284/2009 Coll.
payment systems, as amended by Act No. 139/2011 Coll. (hereinafter the "Act") to
the implementation of § 9 para. 3, § 11 (1) 2, § 17 para. 4, § 18 para. 6, section 20
paragraph. 4, § 23 para. 3, § 26 para. 4, § 29 para. 2, § 37 para. 3, § 39
paragraph. 2, § 47 para. 3, § 48 para. 4, § 52a para. 5, § 33 para. 4, §
52c paragraph 1. 6, section 52e para. 4, § 52 h of paragraph 1. 4, § 52j para. 4, § 52 para.
2, § 54 para. 3 and § 56 para. 2 of the Act:
PART THE FIRST
GENERAL PROVISIONS
§ 1
The subject of the edit
This Decree incorporates the relevant provisions of the European Union ^ 1) and
modifies the
and the pattern of the form and the content of) the annexes to
1. applications for authorisation to payment institutions, activities
2. the application for registration in the register of payment service providers small
the range,
3. applications for authorisation for the activities of electronic money institutions,
4. the application for registration in the register of small issuers of electronic money
the range,
5. the notification of the intention to acquire, improve, or to reduce the qualifying of road
participation in the electronic money institution or intent to dominate or
stop control the electronic money institution,
6. notification of intention to payment institutions and electronic money institutions
to provide payment services through a commercial agent, to entrust the
the performance of some of the activities of another person and operate in the host
Member State,
7. notification of changes to the data referred to in the application for authorization
payment institution or electronic money institutions,
8. notification of changes to the data referred to in the application for registration in the register
payment service providers to small scale or to the registry
issuers of electronic money is small,
(b)) the way compliance with the management and control system of the payment
institutions and electronic money institutions,
(c) the rules for the calculation of the amount) of the capital and for the calculation of capital
the adequacy of payment institutions and electronic money institutions including
each of the approaches, which may in the calculation of capital
proportionality, and
d) assets that credit institutions, electronic
money, the payment service provider of a minor nature and Publisher
small-scale electronic money to invest funds
assigned to the execution of a payment transaction (hereinafter referred to as "investment restrictions").
§ 2
Definition of terms
For the purposes of this Ordinance, means the
and proof of good character issued by) a foreign State document comparable to extract from the
criminal records no older than 3 months issued by a foreign State,
1. the natural person is a citizen, as well as the foreign State in which the
natural person in the last 3 years continuously resided for a period longer
than 6 months,
2. in which it has or had in the past 3 years the seat of the legal person,
as well as the foreign State in which the legal person has or in the last 3
years organizational unit of the undertaking, if the laws of that State
regulates the criminal liability of legal persons,
b) proof of the business for a complete listing of the register of entrepreneurs
or other evidence under another law ^ 2) or similar
records of foreign countries, containing the information valid at the time of submission of the application
or notification, including information on the submitted application for registration to the competent
the evidence, which was not on the date of submission of the application or notification is made, and
the document conferring the right to exercise other activities, if it is issued by another
law ^ 3), or other similar document issued by the competent
authority of a foreign State,
(c) financial institutions financial institutions) ^ 23) according to the regulation of the European
Parliament and of the Council (EU) No. 575/2013 of 26 March. June 2013
prudential requirements for credit institutions and investment firms and
amending Regulation (EC) No 648/2012 (hereinafter referred to as "the regulation"),
(d)) financial statements
1. the annual report and financial statements for the last 3 financial years, or for the
the period during which the person carries on business, if it is
This period is shorter than the 3 financial years; in the case that a person is included in the
the consolidated Group, whether or not the consolidated annual report and accounts
for the same period; It is to be under another law ^ 4) accounting
accounts audited, this means the following certified financial statements,
2. papers on income, assets and liabilities for the last 3 years, if
is a natural person,
(e) the credit institution) hybrid institutions or institutions of electronic
money, which also carries out entrepreneurial activity than an activity to
whose exercise is subject to authorization under the law,
f) information about people with close links list of persons closely linked
with the applicant, a description of the structure of the Group and how to link including
graphically illustrated the relationship between persons with a narrow
link, and further indication of whether the legislation of the State in which the Group has
close links shall not prevent supervision of the Czech National Bank; in people with
close links with the applicant further details about these persons
by the letter m) and the subject of activities of individual people with a narrow
link,
g) information system functional unit, ensuring the acquisition,
processing, transmission, storage and sharing of information in any form,
including appropriate technical equipment,
h) institutions
1. the Bank or a foreign bank,
2. savings and credit cooperative,
3. the securities dealer that meets the conditions of paragraph 1 pursuant to section 8a.
1, 2 or 3 of Act No. 256/2004 Coll. on the capital market,
as amended,
I) equity participation securities, the share of the business,
shares, or similar property value, or any
the claim, whose repayment is tied to the condition of subordination ^ 5),
j) the business plan of the applicant's business plan actually envisaged on
the first three financial years prepared in the format of statements of accounts
under the law governing accounting ^ 6) based on real economic
calculations along with the comment that contains the
1. the intentions of the applicant in terms of the range and the volume of credit provided
services or issued by electronic money and other activities referred to in
law and a description of planned how they achieve it, including
the characteristics of the target group of clients and the business network of the applicant,
2. basis and assumptions on which the plan is established and the
justification of the consistency of the quantitative data plan and reality
planned results activities
the decision of the bankruptcy) bankruptcy decision under the law governing
decline and ways of its solution ^ 7), or a similar decision by another
law or the law of a foreign country,
strategic intent the intent of the l) to acquire or increase a qualifying holding,
or become the controlling entity, which includes information about the
1. the period for which it is to be kept, the qualified participation or to be a person
the controlling entity,
2. the expected change of the amount of qualifying holding in the short and
long term,
3. the expected participation in the strategic management of the institution
electronic money,
4. electronic money institutions support, if any, additional private
capital, if it will be required for development of activities or maintaining
activities,
5. the agreement with the other companions of an electronic money institution and
6. the development of activities of electronic money institutions in relation to the
the current business plan, the policy of distribution of income or compensation
loss, how to finance further development, management and control
system, and any amendments to the staffing, and the strategic
development; This does not apply if the qualified participation does not exceed 20%,
m) particulars of the person
1. in the case of a legal person, the name or business name, registered office and identification
number of the person, if any,
2. in the case of a natural person's name, or first name, and last name, social security number, date of
birth, unless assigned a social security number, residential address in the form
Street, house number, town, part of the municipality, postal code, and the State;
for business in the commercial register is also the trade name,
place of business and identification number of the person, if any,
n) particulars of the professional practice
1. information about the nature of professional practice,
2. the person is, or was, professional practice, exercised,
3. the job title and description of the activities,
4. the definition of the period during which the activity was carried out in accordance with point 3,
5. consent to the exercise of a job title that is required by other legal
the legislation, if such consent was necessary,
for information on education)
1. the name and the type or the type of educational institution, program of study,
the focus of the study programme, the duration of the study program, method and
date of graduation or obtained academic degrees and
2. Overview of courses, internships and study visits with relevance to the activities of the
a credit institution or an electronic money institution, with an indication of the year
their passing, the focus, the duration and, where applicable, obtained
titles.
PART TWO
AUTHORISATION, REGISTRATION, NOTIFICATION AND REGISTRATION
TITLE I OF THE
PAYMENT INSTITUTIONS
Application for authorisation to payment institutions activities
(To section 9, paragraph 3, of the Act)
§ 3
(1) an application for authorization to the activities of the payment institution shall be submitted to the
form, a specimen of which appears in annex 1 to this notice.
Included in the request are the attachments referred to in paragraphs 2 to 5.
(2) Annexes containing basic information about the applicant are
and) proof of permission to conduct business,
(b)) the proof of origin of initial capital and, where appropriate, other financial
sources and scope of capital, if this information is not
the obvious proof of permission to conduct business,
(c)), the financial statements and
(d)) list of suggested declare invalid the decision of the Supreme authority of the
the applicant, which was not on the date of submission of the application has been finally completed
judicial proceedings, if such proposals were submitted and in respect of proposals,
that could have a significant impact on the continuation of the applicant.
(3) Annexes containing information related to the activities of the
credit institutions are
and a business plan),
(b)) a description of the management and control system in the range according to § 18 para. 1 to
5 of the Act and this order,
(c) the method of protection) of the funds entrusted to perform
a payment transaction; Depending on the selected way of protection pursuant to section 20
paragraph. 1 or 2 of the Act on procedures to ensure the proper and separate
evidence of these fiduciary cash and save on
a separate account and rules for investment of funds, or
the design of the insurance contract or the contract governing some other comparable
guarantee together with the certificate of the person under section 20 (2). 3 of the Act, in the case of
the issue of permits for the activities of the payment institution, this contract will be
closed,
(d) a description of how to perform each) payment services pursuant to § 8
paragraph. 1 of the Act, and related activities that the applicant wishes to
to provide, taking into account the individual circumstances of the applicant, in particular
description of the waste with cash and non-cash funds,
during the payment transaction, including the adoption and implementation of payment
commands, issuing payment instruments and the granting of loans,
(e) a description of the human resources, organisational) and technical security
individual activities, which always includes the estimated number of
workers in the Division to the appropriate organizational units description
information system, a system of accounting and financial reporting, and
If the applicant intends to use the trade representative, also a description of their
activities and control,
(f) a description of the subject-matter, scope) and the means of exercising other business
activities where the payment institution carries out any other business
activity than an activity for which a permit is required by the performance of the Act, and
g) design approach that will apply in the calculation of payment institutions
capital adequacy, including justification of the proposed approach, the data
used for the calculation of capital adequacy and calculation of capital
adequacy according to all the approaches in the structure of capital, according to reports on the
the payment institution's modified by Decree of the submission of information to the United
the National Bank ^ 20).
(4) Annexes containing information about the leading persons of the applicant are
the questionnaire referred to in annex a) # 2 to this Decree the completed for each
the head of the person,
b) data on the professional practice and education of each data manager of the person
effectively direct the business in the area of provision of payment services, and
(c) the proof of good repute) issued by issued by the foreign State of each head
of the person.
(5) Annexes containing information on persons with qualifying holdings
the applicant and the persons with close links with the applicant are
and the list of persons qualified) the participation of the applicant and the persons
acting in concert with another person have a qualifying holding in the applicant,
including graphically depicted relations between those parties, with details of
These persons, indicating the proportion of the applicant, or other forms of
the participation of the applicant, by the persons acting in concert, on the
the basis of which the agreement occurs, and the questionnaire referred to in annex No.
3 to this Decree, completed for each person in this list,
(b) a list of the heads of legal) persons referred to in letter a) and for the
each person in this list the questionnaire referred to in annex 2 to the
This Decree, with the exception of the basic information listed in part A of this
of the annex,
(c) the proof of good repute) issued by issued by the foreign State of each person referred to in
(a)), and for each person, which is a statutory body or a member of the
of the statutory authority of any person referred to in subparagraph (a)),
d) proof of the business of each person referred to in subparagraph (a)),
(e)), the financial statements of each person referred to in subparagraph (a)),
f) information about the persons with close links with the applicant and
g) description of the facts on the basis of which the person referred to in subparagraph (a)) becomes
the controlling entity ^ 8) the applicant, if occurs to dominate.
(6) If a person with a qualifying holding in the applicant, pursuant to paragraph 5
(a). and) person who is institution, financial institution or other
a person carrying on business on the financial market is established in a Member
State, and the person is subject to the supervision of the competent authority in the Member State
its offices, which assessed the credibility of the people that make up its
the statutory body or are members of its statutory authority, the applicant for
This person shall submit
and) attachment referred to in paragraph 5 (b). (d)), and if this happens is the person,
also an attachment referred to in paragraph 5 (b). (g)), and
b) observations of the body which exercises supervision over a person with a qualified
the participation of the applicant in the State of its registered office, that he is not known to
should a person with a qualifying holding in the applicant, was not trusted.
(7) if the person with a qualifying holding in the applicant, pursuant to paragraph 5
(a). and) a person who has a qualifying holding in the institution, financial
institution or any other person carrying on business on the financial market
established in a Member State, and this institution, financial institution or other
person exercising the activity on the financial market is subject to supervision
the competent authority in the Member State of its registered office, which assessed
the credibility of the person with a qualifying holding, the applicant shall submit
and) attachment referred to in paragraph 5 (b). (d)) per person with a qualifying holding
on the applicant, and if this happens is the person controlling the applicant also
the annex referred to in paragraph 5 (b). (g)), and
b) observations of the body which exercises supervision over institutions, financial
institution or other person carrying on business on the financial market, the
the fact that he is not known to the person with a qualifying holding in the applicant
was not trusted.
§ 4
(1) an applicant who intends to provide payment services
through a commercial agent shall be submitted in addition to the information referred to in section
3 also information about
and) management and control system in terms of compliance with the obligations
related to the fight against the legalization of proceeds of crime and
terrorist financing in place, the sales representative,
(b)) how to ensure compliance with compliance of the activities of the business
a representative with the applicable legislation and by enabling the activities of payment
institutions, including the means of ensuring quality control provided by
payment services sales representative,
(c) the manner and frequency of the provision of) documents sales representative for
ensure the information obligations of the payment institution towards the Czech national
the Bank,
(d)) means of ensuring training sales representative to ensure the desired
the quality of payment services and comply with applicable laws and
regulations,
e) criteria for assessing credibility, competence and
sufficient experience sales representative who is a natural person, and
the head of the person of the business representative who is a legal person, including
the list of documents that will require payment institutions for such purposes
from the sales representative,
(f) the ongoing trust authentication method), competence and
sufficient experience of each person referred to in subparagraph (e)),
(g)) the way preservation, registration and updating of data on each person
under (e)).
(2) the applicant shall submit a draft of the standard contract between the credit
institutions and sales representative.
TITLE II
THE PAYMENT SERVICE PROVIDER IS SMALL
§ 5
The application for registration in the register of payment service providers small
the range of
(Section 37, paragraph 3, of the Act)
(1) an application for entry in the register of payment service providers small
the range is made on a form, a specimen of which is given in annex 4 to
This Decree. Included in the request are the attachments referred to in paragraphs 2 to 4.
(2) the annex containing basic information about the applicant's proof of
permissions to the business.
(3) Annexes containing information about the applicant is a natural person,
and the head of the person are
and proof of good repute) issued by a foreign State of an applicant and each head
of the person and
(b)) in accordance with annex questionnaire no 12 of this Decree for each head
person.
(4) Annexes containing information related to the activities of the
the payment service provider of a minor nature are
and a business plan), in which the applicant also evaluates the performance limits in accordance with § 36
paragraph. 2 of the Act, with the result that sufficient is a plan for first 12 months
the operation of the required activities,
(b) a description of how to perform each) payment services pursuant to § 8
paragraph. 1 of the Act, and related activities that the applicant wishes to
to provide, taking into account the individual circumstances of the applicant, in particular
description of the waste with cash and non-cash funds,
during the payment transaction, including the adoption and implementation of payment
commands, issuing payment instruments and the granting of loans, and
(c) the method of protection) of the funds entrusted to perform
a payment transaction; Depending on the selected way of protection pursuant to section 20
paragraph. 1 or 2 of the Act on procedures to ensure the proper and separate
evidence of these fiduciary cash and save on
a separate account and rules for investment of funds, or
the design of the insurance contract or the contract governing some other comparable
guarantee together with the certificate of the person under section 20 (2). 3 of the Act, in the case of
the registration of the applicant in the register of payment service providers small
the scope of this contract.
TITLE III
ELECTRONIC MONEY INSTITUTIONS
§ 6
Application for authorisation to the activities of electronic money institutions
(Section 47, paragraph 3, of the Act)
(1) an application for authorization to the activities of an electronic money institution shall
made on a form, a specimen of which is given in annex 5 to this
the Decree. Included in the request are the attachments referred to in paragraphs 2 to 5.
(2) Annexes containing basic information about the applicant are
and) proof of permission to conduct business,
(b)) the proof of origin of initial capital and, where appropriate, other financial
sources and scope of capital, if this information is not
the obvious proof of permission to conduct business,
(c)), the financial statements and
(d)) list of suggested declare invalid the decision of the Supreme authority of the
the applicant, which was not on the date of submission of the application has been finally completed
judicial proceedings, if such proposals were submitted and in respect of proposals,
that could have a significant impact on the continuation of the company.
(3) Annexes containing information related to the activities of the
electronic money institutions are
and a business plan),
(b)) a description of the management and control system in the range, under paragraph 52c paragraph. 1
up to 5 of the Act and this order,
(c) the method of protection) of the funds under section 52e para. 1 or
2 of the Act, in the case of funds against the adoption of which should be
issued electronic money or funds entrusted to perform
payment transaction which does not apply to electronic money; Depending
on the way to the further procedures to ensure proper and separate
evidence of these fiduciary cash and save on
a separate account and rules for investment of funds, or
the design of the insurance contract or the contract governing some other comparable
guarantee together with the certificate of the person under section 52e para. 3 of the Act that, in the
When issuing the authorization the activities of electronic money institutions will be
This contract,
d) description of how to perform each activity according to § 46 para. 2
the Act and related activities, which the applicant intends to provide,
taking into account the individual circumstances of the applicant, in particular a description of the issue
and preservation of electronic money and the execution of payment transactions with
them including their reverse exchanges, management of cash and
credit funds, during payment transactions including
adoption and implementation of payment orders, issuing of payment
resources and the provision of loans,
(e) a description of the human resources, organisational) and technical security
individual activities, which always includes the estimated number of
workers in the Division to the appropriate organizational units description
information system, a system of accounting and financial reporting, and
If the applicant intends to use the trade representative, also a description of their
activities and control,
(f) a description of the subject-matter, scope) and the means of exercising other business
If an electronic money institution carries out a different
business activity than an activity for which performance is subject to authorization
under the law, and
g) design approach that electronic money institutions will apply the
When calculating the capital requirement for covering the risks associated with
provision of payment services, which do not apply to electronic money,
including the rationale of the proposed approach, the data used for the calculation of
solvency and capital adequacy calculations according to all
approaches in the structure according to the own funds of electronic reporting
the adjusted Decree on money submission of information to the Czech national
the Bank ^ 20).
(4) Annexes containing information about the leading persons of the applicant are
the questionnaire referred to in annex a) # 2 to this Decree the completed for each
the head of the person,
b) data on the professional practice and education of each data manager of the person
effectively direct the activities in the field and in the issuing of electronic money
the provision of payment services, and
(c) the proof of good repute) issued by a foreign State, each leading the charge.
(5) Annexes containing information on persons with qualifying holdings
the applicant and the persons with close links with the applicant are
and the list of persons qualified) the participation of the applicant and the persons
acting in concert with another person have a qualifying holding in the applicant,
including graphically depicted relations between those parties, with details of
These persons, indicating the proportion of the applicant, or other forms of
the participation of the applicant, by the persons acting in concert, on the
the basis of which the agreement occurs, and the questionnaire referred to in annex No.
3 to this Decree the completed for each person in this list,
(b) a list of the heads of legal) persons referred to in letter a) and for the
each person in this list the questionnaire referred to in annex 2 to the
This Decree, with the exception of the basic information listed in part A of this
of the annex,
(c) the proof of good repute) issued by a foreign State to each of the persons referred to in
and in writing), and each person, which is a statutory body or a member of the
of the statutory authority of any person referred to in subparagraph (a)),
d) proof of the business of each person referred to in subparagraph (a)),
(e)), the financial statements of each person referred to in subparagraph (a)),
f) information about the persons with close links with the applicant and
g) description of the facts on the basis of which the person referred to in subparagraph (a)) becomes
the controlling entity ^ 8) the applicant, if occurs to dominate.
(6) If a person with a qualifying holding in the applicant, pursuant to paragraph 5
(a). and) person who is institution, financial institution or other
a person carrying on business on the financial market is established in a Member
State, and the person is subject to the supervision of the competent authority in the Member State
its offices, which assessed the credibility of the people that make up its
the statutory body or are members of its statutory authority, the applicant for
This person shall submit
and) attachment referred to in paragraph 5 (b). (d)), and if this happens is the person
controlling the applicant also annexed in accordance with paragraph 5 (b). (g)), and
b) observations of the body which exercises supervision over a person with a qualified
the participation of the applicant in the State of its registered office, that he is not known to
should a person with a qualifying holding in the applicant, was not trusted.
(7) if the person with a qualifying holding in the applicant, pursuant to paragraph 5
(a). and) a person who has a qualifying holding in the institution, financial
institution or any other person carrying on business on the financial market
established in a Member State, and this institution, financial institution or other
person exercising the activity on the financial market is subject to supervision
the competent authority in the Member State of its registered office, which assessed
the credibility of the person with a qualifying holding, the applicant shall submit
and) attachment referred to in paragraph 5 (b). (d)) per person with a qualifying holding
on the applicant, and if this happens is the person controlling the applicant also
the annex referred to in paragraph 5 (b). (g)), and
b) observations of the body which exercises supervision over institutions, financial
institution or other person carrying on business on the financial market, the
the fact that he is not known to the person with a qualifying holding in the applicant
was not trusted.
§ 7
Notification of the intention to acquire or increase a qualifying holding in the institution
electronic money or control
(§ 52b, paragraph 4, of the Act)
(1) the notification of the intention to acquire or increase a qualifying holding in the institution
electronic money or control shall be made on a form, a
a specimen is given in annex 6 to this Ordinance. Included in the notification are
the annex referred to in paragraph 2.
(2) Annexes containing basic information about the person who intends to
to acquire or increase a qualifying holding in the institution of electronic
money or control (hereinafter referred to as "the notifier"), and other information
related to this are
and) proof of permission to conduct business,
(b)) the proof of origin of the financial resources, which is paid for the acquisition or
increase of the qualifying holding,
(c)), the financial statements,
(d) information on persons with) close links,
e) description of the relationship with the electronic money institutions, which intends to acquire
or to increase a qualifying holding or to dominate, and relations to the parties
the special relationship ^ 9) to the electronic money institution, a minimum of
However, for persons who are senior management or members of the Supervisory Board
electronic money institutions,
(f) a list of the heads of the people) if the Notifier is a legal person, and
each person in this list, the proof of the integrity of the issued
a foreign State and the questionnaire referred to in annex 2 to this Decree, with the exception
the basic information listed in part A of this annex,
(g)) the list of persons acting in concert with the person giving the notice
they have, take, or increase a qualifying holding in the institution
electronic money or it will dominate, with details about these persons, with
indication of the amount of the share or other forms of participation in the institution's electronic
money and the description of the facts, on the basis of the discussions in the
conformity,
h) strategic plan,
I) proof of integrity issued a foreign State, the notifier,
the questionnaire referred to in annex j) No. 3 to this decree a completed by the developer and
for a description of the fact) on the basis of which a notifier becoming a person
controlling ^ 8) electronic money institution and proof of origin
financial resources, which should be applied to the redemption share
a companion, who is not a controlling person.
§ 8
cancelled
§ 9
Special provisions relating to notification of the intention to acquire or increase the qualifying
participation in the electronic money institution or dominate
(1) if the Notifier is intent to acquire or increase the qualifying
participation in the electronic money institution or dominate person
The Czech National Bank in the past 5 years
and has granted consent to) of the acquisition or increase of qualifying holding on
electronic money institution or its domination of, or
b) voiced based on the submitted notification of the intention to acquire or
to increase a qualifying holding in the electronic money institution or
dominate the opposition,
reporting on a form, a specimen of which is given in annex No 6 to
This Decree, which shall be accompanied by the annexes pursuant to § 7 para. 2, for which the
a change has occurred, and a statement that the other information and documents submitted by the
The Czech National Bank in a previous application for consent or
notification of the intention to remain unchanged.
(2) if the Notifier is intent to acquire or increase the qualifying
participation in the electronic money institution or dominate the legal
a person who is an institution, a financial institution or other person
operating on the financial market with its registered office in a Member State and
shall be subject to supervision by the competent authority in the State of its registered office, the
notification on a form, a specimen of which is given in annex 6 to this
the Decree, which shall be accompanied by
and) proof of permission to conduct business,
(b) strategic intent,)
(c)) the proof of origin of the financial resources, which is paid for the acquisition or
increase of the qualifying holding,
d) observations about the supervisory authority, that he had not known that the person was not
the person trusted and
e) description of the facts on the basis of which a notifier becoming a person
controlling ^ 8) electronic money institution and proof of origin
financial resources, which should be applied to the redemption share
a companion, who is not a controlling person.
(3) If the Notifier is intent to acquire or increase the qualifying
participation in the electronic money institution or dominate person
has a qualifying holding in the institution, financial institution or other
a person carrying on business on the financial market with its registered office in a Member State
and is subject to supervision by the competent authority in the Member State of its registered office,
which assessed the credibility of the notifier, the notifier
on a form, a specimen of which appears in annex 6 to this Ordinance to
which shall be accompanied by the annexes referred to in paragraph 2 (a). a), b) and (e)), and
and) observations of the body which exercises supervision over institutions, financial
institution or other person carrying on business on the financial market, the
the fact that he is not known to the Notifier is not the person trusted and
(b)) the proof of origin of the financial resources, which is paid for the acquisition or
increase of the qualifying holding, if it is a direct share in the institution
electronic money.
§ 10
The intention to cease or reduce the qualified participation in institution
electronic money or the intent of the stop control institution
electronic money
(§ 52b, paragraph 4, of the Act)
The intention to cease or reduce the qualified participation in institution
electronic money or the intent of the stop control institution
electronic money is made on a form, a specimen of which is given in the
Appendix 11 to this Decree.
TITLE IV
SMALL E-MONEY ISSUER
§ 11
Application for entry in the registry, the Publisher of a small electronic money
the range of
(Section 54 (3) of the Act)
(1) an application for entry in the register of small issuers of electronic money
the range is made on a form, a specimen of which is given in annex 7 to the
This Decree. Included in the request are the attachments referred to in paragraphs 2 to 4.
(2) the annex containing basic information about the applicant's proof of
permissions to the business.
(3) Annexes containing information on the head of a person are
and proof of good repute) issued by a foreign State of each senior management and
(b)) in accordance with annex questionnaire no 12 of this Decree for each head
person.
(4) Annexes containing information related to the activities of the
the Publisher of electronic money are small scale
and a business plan), in which the applicant also evaluates the performance limits under section 53
paragraph. 2 of the Act, or the limits referred to in § 53 para. 3 of the Act, that
sufficient is a plan for the first 12 months of operation required
activities,
(b)) a description of how the operations pursuant to § 46 para. 2
the Act and related activities, which the applicant intends to provide,
taking into account the individual circumstances of the applicant, in particular a description of the issue
and preservation of electronic money and the execution of payment transactions with
them including their reverse exchanges, management of cash and
credit funds, during payment transactions including
adoption and implementation of payment orders, issuing of payment
resources and the provision of credit, and
(c) the method of protection) of the funds under section 52e para. 1 or
2 of the Act, in the case of funds against the adoption of which should be
issued electronic money or funds entrusted to perform
payment transaction which does not apply to electronic money; Depending
on the way to the further procedures to ensure proper and separate
evidence of these fiduciary cash and save on
a separate account and rules for investment of funds, or
the design of the insurance contract or the contract governing some other comparable
guarantee together with the certificate of the person under section 52e para. 3 of the Act that, in the
the case of the registration of the applicant in the register of electronic money is small
will this contract.
PART THREE
SOME OF THE TERMS AND CONDITIONS OF BUSINESS
TITLE I OF THE
REQUIREMENTS FOR THE MANAGEMENT AND CONTROL SYSTEM
Part 1
Management and control system of the payment institution
(Section 18 (6) of the Act)
The prerequisites of good governance and management
§ 12
(1) a credit institution sets the management and control system, so that the
covered all of its activities, and in the case of hybrid institutions activities
pursuant to section 8 of the Act. Part of the management and control system of the payment
the institution is also a system of internal policies and procedures to prevent
the legalization of the proceeds of crime and terrorist financing.
(2) a credit institution uses the appropriate resources, systems and procedures and
also taken into account to develop an environment in which business.
(3) a credit institution shall ensure that the management and control system
a reasonable range, nature and complexity of the activities, and always provides
and) continuing compliance with the conditions under which the payment institution has been
granted authorisation to operate, and other requirements and
the rules,
(b)) the orderly and prudent exercise of activities and efficiency in fulfilling
business and strategy
(c) the adequacy and reliability of the information) used for decision making and
the performance of other activities of the payment institution.
section 13 of the
(1) a credit institution shall ensure that the management and control system fulfils the
provided for in the case of performance also features activities through
sales agents or other persons (hereinafter referred to as "outsourcing").
(2) payment institutions sets the management and control system, so that the
negotiation of outsourcing did not merely compliance activities which are the subject of
outsourcing, with the law, control the payment
institutions, implementation of information obligations towards the Czech National Bank,
the supervision, including a possible check of the facts which are subject to
supervision in the provider of outsourcing and the audit of the financial statements
and other validation provided for by the regulations.
(3) a credit institution shall ensure that the contract governing the outsourcing,
including amendments thereto, has been signed in a way that allows you to capture
its content and determination of the people, that it has concluded.
§ 14
(1) a credit institution proven to reflect the requirements set out in the
management and control system and the procedures for their implementation strategies,
regulations, plans and other internally set out policies and procedures
credit institutions (hereinafter referred to as "internal regulations").
(2) a credit institution shall establish a procedure for the adoption and amendment of the internal
rules and shall ensure that the internal rules and procedures have been applied
regularly reviewed and, where necessary, adjusted.
(3) a credit institution shall ensure that all employees have been with
the internal regulations to the extent necessary familiar and followed the
compliance with them.
(4) a credit institution shall be reflected to populate the assumption of good governance and
control to the internal rules of the selected recognized and proven principles and
procedures issued to persons recognised and used in the activities of the
of a similar nature (hereinafter referred to as "recognized standard") and is
it applies. Payment institutions shall regularly review whether her chosen and
applied recognized standards are still appropriate and proportionate to the nature,
scale and complexity of its activities and the identified deficiencies.
(5) the management and control system of a credit institution shall ensure that the
clearly specified permissions to the approval and signing of documents in
the framework of the activities of the payment institution and any relevant approval and
decision-making processes and control activities, including related
the responsibilities, powers and internal rules, it was possible to record,
store and retrieve.
§ 15
(1) the Board of Directors, or any other authority or person with similar scope
(hereinafter referred to as the "managing authority"), ensure the creation of a functional and efficient
management and control system of the payment institution and is responsible for its
systematic maintenance and implementation.
(2) the managing authority shall ensure that the strategy of business including
-control-for the objectives and principles of its fulfilment, including the elaboration of the
procedures for the realisation of the strategy and day-to-day management of business
payment institutions.
(3) the managing authority shall ensure that the establishment and maintenance of a functional and efficient
structural organisation, including segregation of incompatible activities and
preventing possible conflicts of interest.
(4) the managing authority shall ensure that the establishment and maintenance of a functional and efficient
information system, including a system of internal reporting and
statistically-accounting systems to provide reliable and
sufficient information.
section 16 of the
(1) the managing authority shall ensure that the principles of human resources management, including the
principles for selection, remuneration, evaluation and motivating employees;
It is also part of the policy, the requirement that all activities carried out by
qualified staff with appropriate expertise and experience.
(2) the managing authority shall ensure that uniquely formulated ethical
principles and implied models of behaviour and actions of employees in accordance
with these principles and their enforcement.
(3) the managing authority shall ensure that all employees understand their role in
management and control system and are actively involved in this system.
(4) the managing authority shall ensure that such processes and management practices,
that lead to the avoidance of undesirable practices, in particular the preference
short-term results and objectives that are not in accordance with the implementation of
business strategy, remuneration system, which is disproportionately dependent
on the short performance or other inappropriate stimuli, or is not
sufficiently transparent, or other practices that enable or
could allow misuse of sources, or covering up the shortcomings.
§ 17
(1) the managing authority shall be approved and periodically evaluates the strategy
business, organizational arrangements, risk management strategy, a strategy
related to capital and capital adequacy, a development strategy
information system, the principles of the system of internal control and security
policy, including the security policy for information system.
(2) the governing body approves new products, activities and systems that have to
payment institution of fundamental importance and a system of limits, the payment
the institution will be used to guide the risk, unless such powers
the control authority has delegated to its committees.
(3) the governing body approved the substantive, organizational, personnel, and other
collateral risk management, performance, compliance (section 26) and internal audit,
including the subject and the objectives of their activities. The Steering Body approved plans
the internal audit activity.
(4) the management body evaluates the periodical reports in a timely manner and the extraordinary
the findings, which he presented in particular of the management
levels, in the performance of the risk management, compliance and internal audit,
^ 11) the statutory auditor or audit firm ^ 12) (hereinafter referred to as
"auditor"), or by the competent supervisory authorities. On the basis of these
evaluation of managing authority adopts appropriate measures, which are
implemented without undue delay.
(5) the managing authority at least once a year, evaluates the overall functionality and
the effectiveness of the management and control system, and shall ensure that steps to remedy
the shortcomings identified.
section 18
(1) the management and control system allows for timely payment institutions
detection of conflicts of interest and areas of potential occurrence and includes
the corresponding procedures for reducing conflicts of interest and the Department
incompatible activities.
(2) the authorities, employees, departments, and committees, if they are established, are
on all of the management and organizational levels are allocated to the liability and
powers so as to sufficiently prevented a potential conflict of
interests.
(3) the management and control system of the payment institution is set up to
ensure appropriate independence and avoidance of conflicts of interest when
performance monitoring activities.
(4) the field of conflicts of interest and the area of their possible emergence of are subject to
independent verification.
§ 19
(1) payment institutions shall ensure that the competent authorities, employees,
departments and committees, if established, should for their decision making, and more
set out the activities of the available information that is reliable and
sufficient.
(2) a credit institution shall ensure that the Ma was always informed
and without delay in cases) when the liquidity situation of the payment institution
a significant negative changes,
b) without undue delay, of all the facts that could
significantly adversely affect the financial situation of the credit institution,
including the effects of changes in the internal and external environment, and
(c)) without undue delay, of all the překročeních limits affecting
compliance with accepted risk training rates.
(3) a credit institution shall ensure that the members of the governing body and other
the competent persons at the payment institution were consistently available
information
and the compliance with the requirements laid down by) the laws and internal regulations,
including compliance with the capital adequacy rules and investment
restrictions, and
(b)) of any significant differences identified payment practices
institutions to the requirements laid down in the laws and internal regulations.
section 20
Payment institutions shall ensure that the promotional, marketing, and more
the communications and public information has always been objective, clear and
neklamavá.
section 21
(1) the system of payment institutions to create, control, and transmission of
the Czech National Bank information is created and maintained so that
provide information currently, reliably, and seamlessly.
(2) the part of the management and control system of the payment institution are
internal control mechanisms to ensure the completeness and accuracy of all
calculations, data, reports and other information submitted by the Czech national
the Bank. Procedures for creating, checking and transmission of
the Czech National Bank information, including reporting, are backwards
traceable.
The risk management system
section 22
(1) payment institutions shall ensure the continuous management of the risks associated with
activities, including the activities of payment institutions which are subject to
outsourcing.
(2) a credit institution recognizes and manages the risks associated with new
products, activities and systems, while ensuring that the risk recognition
allow revealing new risks.
(3) the management and control system of the payment institution is set up to
provide distortion-free picture of the extent of risk assumed.
(4) the management and control system of the payment institution takes into account and ensures
systematic management of all significant risks, which is or may be
exposed having regard to the nature, scale and complexity of the activities.
Risk management takes into account internal and external factors including future
the payment institution's business strategy.
Article 23 of the
(1) in the framework of the risk management strategy provides for payment institutions, in particular
and the definition of significant risks) of the inner, which is or may be a payments
the institution is exposed,
(b) risk management policy),
(c) the level of risk accepted) training and
(d)), the policy for the Assembly and adjustments to the contingency plan for crisis
liquidity and to ensure recoverability and continuity of the activities of payment
institutions in the event of emergencies.
(2) the part of the management and control system are the specific procedures for
implementation of a risk management strategy.
(3) within the framework of the risk management system of the payment institution provides for control
activities, including checks of compliance with the established procedures and limits for
risk management.
section 24
(1) the management and control system of the payment institution is set up to
ensure that payment institutions maintained to cover the risks to which it is
or may be exposed, also adequate capital. Policies and procedures
risk management processes and policies and procedures for the maintenance of own funds to cover the
risks are integrated and linked.
(2) if the overall level of risk incurred, taking into account the impact of
internal control mechanisms (the overall risk profile) is not reasonably
covered by the capital or in any other way, the payment institution shall take appropriate
measures to remedy the situation.
The internal control system
§ 25
Part of the management and control system of the payment institution, the principles
and procedures for internal control, which is part of its normal, usually
everyday activities. The payment institution's internal control system
includes
and appropriate control mechanisms) for various activities, including accounting
and physical controls,
(b) line control) controls,
(c)) the performance of compliance,
(d) internal audit and performance)
e) monitoring and evaluating the effectiveness of the management and functionality
control system and its elements.
section 26
(1) the management and control system of the payment institution are
policies and procedures for the performance of compliance, aimed in particular at
secure
and compliance with the internal regulations) of the legislation,
(b)) the consistency of the internal rules and
(c) the compliance of its activities with the laws), and internal regulations.
(2) the principles and procedures for compliance are integrated and linked.
section 27 of the
(1) the management and control system of the payment institution is set up to
ensure an effective internal audit performance.
(2) internal audit always involves independent examination
and compliance with the requirements and rules) laid down by the laws, regulations and internal
regulations,
(b)) financial management, risk management, capital management and liquidity management,
(c)) the completeness, accuracy and reliability, evidence, bookkeeping,
d) sufficiency and reliability of internal reporting, information
provided by the authorities of the payment institution, accounting and statistical
information and information for clients
(e)) reliability of the system, controls and reporting and
other information of the Czech National Bank and the
(f)) the sufficiency of the internal control mechanisms and reliability.
(3) a credit institution shall ensure that in the performance of the internal audit were
always carried out the following activities:
and) built the risk analysis, it at least once a year,
(b)) built a strategic and periodic internal audit plan,
(c)) created and maintained system of monitoring the corrective measures imposed by the
on the basis of the findings of the internal audit and
d) assessed and the effectiveness of management and control system,
at least once a year.
(4) internal audit shall inform about any evidence of control
authority of the payment institution and the supervisory authority if such an authority payment
the institution has. In the event that can significantly
negatively affect the financial situation of the credit institution must give impetus to the
special meeting of the supervisory authority if such an authority payment
the institution has.
section 28
(1) the management and control system of the payment institution is set up to
ensure monitoring and evaluation of its functioning and effectiveness of the
and was carried out on an ongoing basis on all of the management and organizational levels.
(2) the management and control system Weaknesses exposed after the line of control, the
in the context of the internal audit, or on the basis of other internal controls,
auditor or otherwise, must be reported without undue delay
the control level and rapidly addressed.
(3) the significant shortcomings of the management and control system must be
reported to the managing and supervisory authority if such an authority payment
the institution has.
(4) a system of detecting and reporting deficiencies the management and control
the system must be set up to allow for their timely correction.
The effectiveness of the measures adopted to remedy is then authenticated.
Part 2
The management and control system of electronic money institutions
(52c to section 6 of the Act)
section 29
The prerequisites of good governance and management
(1) the management and control system of electronic money institutions covers
all of its activities. Part of the management and control system
an electronic money institution is always also a system of internal policy,
rules and procedures for the prevention of the legalization of proceeds of crime and
the financing of terrorism.
(2) an electronic money institution in fulfilling the requirements laid down
on the management and control system utilizes appropriate resources, systems and procedures and
also taken into account to develop an environment in which business.
(3) to populate the other assumptions of good governance and management of the proceeds
electronic money institutions under section 12 to 21.
section 30
The risk management system
The management and control system of an electronic money institution is set up
order to allow for systematic risk management. To populate the other
system requirements and risk management processes of the institution proceeds
electronic money under section 22 to 24.
section 31
The internal control system
Electronic money institutions creates, maintains and enforces a policy and
procedures for internal control, which is part of its normal, usually
everyday activities. For the fulfillment of the other requirements of the system of internal
control of an electronic money institution shall proceed in accordance with § 25 to 28.
TITLE II
THE CAPITAL ADEQUACY RATIO
Part 1
The payment institution's capital adequacy
(Section 17, paragraph 4, of the Act)
§ 32
Calculation of capital adequacy
For the purposes of calculating the capital adequacy of credit institutions, the amount of
the capital pursuant to section 33 provides for up to 38 and the amount of the capital requirement on
risks shall be determined pursuant to § 39-43 approach which is a payment
institution is permitted to use.
§ 33
The definition of capital
(1) the capital shall, subject to limits under section 38 as the sum of
original own funds and additional own funds less the deductible
item.
(2) Capital is derived from the balance sheet of the payment institution. Items to be included
in the capital shall not be taken into account more than once and their amount must be
established after the reduction of the potential liabilities from tax obligations.
(3) the initial capital shall be the payment institution immediately and indefinitely to
available to cover losses from the risks to which it is exposed.
(4) the part of the capital are not any gains or losses arising from the
obligations of the payment institution valuation at fair value in the context of the
changes in the credit risk of the credit institution; It is a gain or loss,
that are part of retained earnings from previous periods, the profit for the
accounting period after tax, profit for the current financial period referred to in
interim financial statements, the outstanding loss from previous years,
including a loss for the past financial year and losses for the current financial period.
They are not even part of the capital gains from hedging
derivatives in cash flow hedges.
(5) where the payment institution belongs to the same group as another payment
institutions, insurance company, investment company, or
reinsurance undertaking, shall not include in the own funds items or parts thereof,
that are included in the own funds of such persons.
(6) a hybrid institution shall not include those items in the capital or
their parts, which are used for the performance of other activities than those
the activity to whose performance is subject to authorization under the law, with the result that
in the performance of these activities is a hybrid institution shall maintain
a certain amount of capital under other legislation ^ 13).
§ 34
Original capital
The original capital includes paid-up share capital
and the less the acquired own) shares of ^ 14) with the fact that part of this item
There are also items from the shops with own shares, in particular, of the forwards and
options, reducing equity,
(b)), increased by the share premium, with the part of this item is
1. paid-in share premium, which is related to the same basic
capital, and
2. share premium arising from transactions in its own shares,
(c)), increased by the reserves and retained earnings with the fact that this item
is the sum of the items referred to in points 1 to 4 reduced the entry referred to in section 5:
1. mandatory reserve and risk funds,
2. other funds created from profit distribution and can be
used solely to cover the losses referred to in accounts of the payment
institutions,
3. retained earnings from previous periods provided for in the financial statements
payment institution verified by the auditor and approved its highest
authority, for which the Division of the highest authority, and not decided which accrue to the
the settlement shares,
4. profit for the financial year after taxation referred to in accounts of the payment
the institution verified by the Auditor, less the estimated share of the profits to the
payment and other planned payments from profit distribution
5. loss brought forward from the previous period, including the loss of the past
accounting period,
(d)), increased by the profit for the current financial period referred to in the interim financial
verified by the auditor of the accounts of the payment institution, less the estimated
share of profits and other planned payments from profit distribution, if
payment institution at least 2 months in advance of their intention to documented
the consent of the auditor to include this gain to the original capital shall notify the
The Czech National Bank, justify, and will discuss with the Czech National Bank,
e) increased or decreased on the resulting exchange differences from consolidation of data
foreign branches with the expectation that if these resulting Exchange
the negative differences, shall be deducted,
f) reduced by a loss for the current financial year,
g) reduced by goodwill,
h) minus intangible assets other than goodwill and
I) reduced by the valuation difference from changes in the fair value of the capital
tools included for the purposes of accounting management in a portfolio
available for sale financial instruments, if it is negative.
§ 35
Additional own funds
Additional own funds form
and) subordinated debt and
(b)), revaluation of the changes in the fair value of equity instruments for
which there is an active market, listed for the purposes of accounting to
the portfolio of available for sale financial instruments, if it is positive, with
the valuation difference lays down for the reduction of any obligation of
the deferred tax.
section 36
Subordinated debt
For the definition of the subordinated debt shall apply mutatis mutandis to capital
instruments and child loans included in tier 2 ^ 15)
According to the regulation.
§ 37
Tax-free allowances
Tax-free allowances forms
and) the value of capital investment in
1. the institutions,
2. insurance undertakings, reinsurance undertakings, insurance holding companies, people or
Insurance Holdings people mixed-activity, or
3. financial institutions, if they are above 10% of the capital people,
in which it is invested,
(b)) the total value of capital investments in
1. the institutions,
2. insurance undertakings, reinsurance undertakings, insurance holding companies, people or
Insurance Holdings people mixed-activity, or
3. financial institutions, in an amount that exceeds 10% of the capital
before the deduction of items referred to in subparagraph (a)) and sections 1 to 3, if the individual
capital investments represent a market share of up to 10%, including the basic
capital people, in which it is invested, and
(c) the exposure value of the securitization), under the regulation, belonged to the
1 250% risk weight ^ 16).
§ 38
The limits of capital items on an individual basis
(1) the additional capital cannot be taken into account to the extent of more than 50% of the original
capital.
(2) 50% of the amount of the deductible items are deducted from the original own funds and
50% of the amount is deducted from the additional own funds; the provisions of paragraph
1 this does not prejudice. If 50% of the amount of the deductible items exceeds
additional own funds, the amount corresponding to this cant be deducted from
the original capital.
§ 39
Approaches for calculating the capital requirement to cover risks
(1) Approaches for calculating the capital requirement are
and) access based on overhead expenses (hereinafter referred to as "access and"),
b) access on the basis of the volume of payments (hereinafter referred to as "access B"), or
(c)) the basic indicator approach (hereinafter referred to as "přístupC").
(2) a hybrid institution apply any of the approaches only to activities
pursuant to section 8 of the Act.
section 40
Access And
(1) the capital requirement under the approach and is equal to 10% of the sum
overhead costs for the immediately preceding financial year;
overheads means
a) depreciation costs of tangible and intangible assets and
(b)), the administrative costs ^ 17) or power consumption, personal costs and taxes and
fees ^ 18).
(2) if compared to the previous accounting period immediately
significant changes in the activities of the payment institution, which sets
the capital requirement and access, the Czech National Bank in
where justified, allow the editing in the calculation of capital
request.
(3) a credit institution which has started to carry out its activities in the course
the current accounting period, provides for access and capital requirement in the
the amount of 10% from the sum of the SG & a costs planned for the current financial
period, where appropriate, adjusted in accordance with the requirements of the Czech National Bank.
§ 41
Access B
(1) the capital requirement provided for approach B is equal to the product
the coefficient under section 43 and the amount is calculated as the sum of the
and 4% of the part) of the volume of payments not exceeding the amount corresponding to 5 000
000 eur,
(b) 2.5% of the part) of the volume of payments is higher than the amount corresponding to 5 000 000
EUR and not exceeding eur 10 000 000, the amount corresponding to
c) 1% of the parts of the volume of payments higher than the corresponding amount of 10 000 000
EUR 100 000 000 and not exceeding a sum equivalent to eur
(d) 0.5% for the portion) volume of payments is higher than the amount corresponding to 100 000
000 and not exceeding the amount corresponding to eur 250 000 000
(e) 0.25% for the portion) volume of payments in excess of the amount corresponding to the 250 000
000.
(2) in the period from 31 December 2006. December to 30. December of the following year
the amount in euro referred to in paragraph 1, calculated on the amount in Czech Crowns
the foreign exchange rate of the Czech market, which the Czech National Bank has announced a
as the last one in October of that year in which the period starts.
(3) the volume of payments represents one twelfth of the total amount of payment
transactions carried out by credit institutions in the immediately preceding
accounting period.
(4) If the payment institution has begun to carry out their activities in
during the current reporting period, provides payment volume on the basis of their
plan or modified according to the requirements of the Czech National Bank.
§ 42
Access C
(1) the capital requirement set approach (C) is equal to the product
the coefficient under section 43 and the amount is calculated as the sum of the
and 10% of the value) of the relevant indicators, not exceeding the amount of the
corresponding to eur 2 500 000,
b) 8% of the value of the relevant indicator is higher than the amount corresponding to 2
500 000 and not exceeding eur 5 000 000, the amount corresponding to
(c)) 6% of the part of the relevant indicator values greater than the amount
corresponding to eur 5 000 000 and not exceeding the amount corresponding to 25 000
000 eur,
d) 3% of the part of the relevant indicator values greater than the amount
corresponding to eur 25 000 000 and not exceeding an amount corresponding to 50 000
000 eur and
e) 1.5% of part of the value exceeding the amount of the relevant indicator
corresponding to eur 50 000 000.
(2) the relevant indicator is equal to the sum of the interest income, interest
costs, income from fees and Commission income and other operating income and
When the calculation is completed as follows:
and the relevant indicator is calculated) based on 12 monthly monitoring of the
data at the end of the last 12-month accounting period,
(b) each entry is taken into account) in the appropriate positive or negative
the value of the,
(c) in the calculation of the value of the relevant) the indicators do not include extraordinary and
irregular income and
d) value of a relevant indicator, you can reduce the cost of outsourcing
provided by the person, above which a competent authority carries out
comparable supervision.
(3) If the payment institution has begun to carry out their activities in
during the current reporting period, provides the relevant indicator on the basis of
their plan or modified according to the requirements of the Czech National Bank.
(4) if the value of the relevant indicator referred to in paragraph 2 is less than
80% of the average values of relevant indicators for the last 3 financial
period, as the value of the relevant indicator for the purposes of determining the
the capital requirement referred to in paragraph 1 shall apply to 80% of the average value of the
of relevant indicators for the last 3 financial years.
(5) in the period from 31 December 2006. December to 30. December of the following year
the amount in euro referred to in paragraph 1, calculated on the amount in Czech Crowns
the foreign exchange rate of the Czech market, which the Czech National Bank has announced a
as the last one in October of that year in which the period starts.
§ 43
Coefficient
The factor that is used when the application access B or C, is
and) 0.5, where the payment institution provides only the payment service in accordance with section 3 of the
paragraph. 1 (b). (f)) of the Act,
(b)), 0.8 where the payment institution provides the payment service under § 3 para.
1 (b). g) of the Act, and
c) 1 where the payment institution provides any of the payment services
According to § 3 (2). 1 (b). a) to (e)) of the Act.
Part 2
Electronic money institution's capital adequacy
(§ 52a para. 5 of the Act)
§ 44
Calculation of capital adequacy
For the purposes of calculating the capital adequacy of institutions, electronic
money is the amount of capital under section 45 and the amount of the capital requirement
to cover risks such as the sum of the capital requirements under sections 46 and 47.
§ 45
Calculation of the amount of capital
For the calculation of the amount of capital an electronic money institution shall apply mutatis mutandis
section 33 to 38.
§ 46
Calculate the capital required to cover the risks associated with the issuance of
electronic money
(1) the capital requirement to cover the risks associated with the issuance of
electronic money is equal to 2% of the average of electronic money in
circulation.
(2) If you are unable to determine what portion of funds passed
holder of the electronic money institution is intended for activities under section
46 para. 2 (a). (b)) of the Act, is based on the average
electronic money in circulation of such portion of the cash
the resource that corresponds to the reliable estimate based on data from
previous periods.
(3) where an electronic money institution issues the electronic money
for less than 6 calendar months, equal to the capital
the requirement of 2% from the average of electronic money in circulation laid down in the
the basis of the business plan or modified according to the requirements
The Czech National Bank.
§ 47
Calculate the capital required to cover the risks associated with the provision of
payment services, which do not apply to electronic money
For the calculation of the capital requirement for covering the risks associated with
provision of payment services, which do not apply to electronic money,
shall apply mutatis mutandis to section 39 to 43.
TITLE III
INVESTMENT RESTRICTIONS
§ 48
(Section 20, paragraph 4, and section 52e (4) of the Act)
Low-risk assets means
a) debt securities, which would be under the standardised approach for
credit risk pursuant to regulation received a risk weight of 50% ^ 19),
and
b) securities issued by a standard 22 ^ ^) Fund, which invests only
the securities referred to in point a).
TITLE IV
SOME OF THE INFORMATION AND DOCUMENTS SUBMITTED BY THE CZECH NATIONAL BANK
§ 49
Notification of provision of payment services through a commercial
the representative of the
(Article 23, paragraph 3, and § 52 h, paragraph 4, of the Act)
(1) a credit institution serves a notice of intention to provide payment
services through a commercial agent payment
services on the territory of the Czech Republic on a form, a specimen of which is given in the
Appendix 8 to this Ordinance.
(2) simultaneously with the notice referred to in paragraph 1 shall be sent by payment institutions
and business representatives), and in fulfilment of the information
obligations under the Act and the regulations governing the submission of information
payment institutions to Česká národní banka ^ 20),
(b)) copies of documents pursuant to § 4 paragraph 2. 1 (b). e) demonstrating
the credibility, competence and sufficient experience of each
sales representative who is a natural person, and each head of a person
trade representative who is a legal person, which is submitted
information referred to in subparagraph (a)),
(c)) Declaration, the model is given in annex 8 to this Ordinance, the
management and control system of each sales representative, which is
submitted the information under (a)), is suitable in terms of compliance with the
the responsibilities associated with the fight against the legalization of proceeds of crime
the activities and the financing of terrorism.
(3) the documents referred to in paragraph 2 (a). (b)) may be replaced by a declaration, which
a specimen is given in annex 8 to this Ordinance that, for each business
representative who is a natural person and, for each head of the person of the business
representative who is a legal person, which is submitted for information
in accordance with paragraph 2 (a). and the credit institution has verified the) credibility,
professional competence and sufficient experience of this person pursuant to the criteria
for the assessment of credibility, competence and sufficient
experience. If the Czech National Bank will have doubts that some of the
of people about whom information is submitted in accordance with paragraph 2 (a). a)
trusted, competent or sufficiently experienced, invite the payment
institution to the submission of the documents referred to in paragraph 2 (a). (b) the payment.)
institutions shall submit the required documents to Česká národní banka no
undue delay, but not later than within 15 days from the date of receipt of the request
The Czech National Bank.
(4) a credit institution shall submit information and documents referred to in paragraphs 1
up to 3 of the Czech National Bank in electronic form.
(5) where a payment institution intends to provide payment services
through a commercial agent in the host Member State,
shall proceed pursuant to section 53.
(6) an electronic money institution shall proceed when filing a notice of
the provision of payment services through a commercial agent by
paragraphs 1 to 5 apply mutatis mutandis.
§ 50
Notice on the execution of certain activities through another person
(Section 26, paragraph 4, and article 52j, paragraph 4, of the Act)
(1) a credit institution which intends to entrust the performance of some
activities relating to the provision of payment services to another person,
reporting on a form, a specimen of which is given in annex No 9 to
This Decree.
(2) notification of the payment institution shall submit the draft contract between the
payment institution and a person to be entrusted with the performance of the agreed
activities.
(3) an electronic money institution which intends to entrust the performance of the
some operational activities relating to the issuance of electronic
money or to provide payment services to another person, starting
the submission of the notification referred to in paragraphs 1 and 2 shall apply mutatis mutandis.
The notice of exercise of the activity in the host Member State
§ 51
Payment institution serves notice of the intention to carry out the activities under section
8 of the law in the host Member State through a branch on
form, a specimen of which appears in annex 10 to this Decree,
that does not refer to the information listed in sections B and C of this form.
§ 52
A credit institution which intends to carry out activities pursuant to § 8
the law of the host Member State without establishing branches, serves
notification on a form, a specimen of which is given in annex 10 to this
the Decree, that does not provide the information referred to in section 7 and sections A through C
of this form.
§ 53
A credit institution which intends to carry out activities pursuant to § 8
the law through a commercial agent in the host Member
the State serves notice on a form, a specimen of which is given in annex No.
10 to this Ordinance, that does not provide the information referred to in paragraph 7 and the
part A of this form.
§ 54
Electronic money institutions, which intends to start exercising
the activities referred to in § 46 para. 2 of the law in the host Member State,
the process for submitting notices under section 51 to 53.
Notification of change of particulars referred to in the application for authorization
the payment institution, the business of electronic money institutions,
the application for registration in the register of payment service providers small
the scale and small-scale electronic money issuers
(Article 11, paragraph 2, § 48 para. 4, § 39, paragraph 2, and article 56, paragraph 2, of the Act)
section 55
(1) a credit institution serves a notification of change of particulars referred to in
application for authorisation to the activity or its annexes on a form, a
a specimen is given in annex 1 to this notice. Included in the notification are
the documents and information in accordance with § 3 (1). 2 to 7, that these changes
attest to this.
(2) If a change of the person with a qualifying participation in a credit
institution or its domination, and this person is a financial institution,
institution or other person exercising the activity on the financial market
established in a Member State and over that person is supervised by the State of
its offices, the notifier shall submit the notice of change of particulars referred to in
application for authorisation to the activities of the payment institution or its annexes
on a form, a specimen of which is given in annex 1, and further
and data about this person) under paragraph 2 (a). m),
(b) the original of the document) for permission to do business,
(c) the original of the representation of the body) which exercises supervision over a person with
qualified through the participation at the notifier, demonstrating that he is not known to be
the person with a qualifying holding on to the notifier has not been trusted, the
d) ^ 8) contract, based on which the person becomes the controlling entity
payment institution if such a contract or a proposal for such a
of the Treaty.
(3) an electronic money institution, unless the notice to acquire or
to increase a qualifying holding in the electronic money institution or
control under section 52b of the Act in conjunction with section 7 and 8, serves a notice of
change in the particulars contained in the application for authorisation to the activities of the institutions
electronic money or its annexes on a form, a specimen of which is
listed in annex 5 to this Decree. Included in the notification are those
the documents and information referred to in section 6 (1). 2 to 7, that these changes
attest to this.
§ 56
(1) the payment service provider of a minor nature serves the notice of
change in the information referred to in the application for registration in the register of providers of
small-scale payment service or its annexes according to § 5 para.
2 to 4 on a form, a specimen of which appears in Appendix 4 to this
the Decree. Included in the notification are papers showing the changes.
(2) the Issuer of electronic money served notice of a small-scale
change in the information referred to in the application for registration in the register of publishers
electronic money is small or its annexes according to § 11
paragraph. 2 to 4 on a form, a specimen of which appears in Appendix 7 to this
the Decree. Included in the notification are papers showing the changes.
PART FOUR
COMMON AND FINAL PROVISIONS
§ 57
Common provisions
(1) the Czech National Bank will publish the forms laid down in this
by Decree in a manner allowing remote access.
(2) the authenticity of the signature on the request, the notification and the questionnaire must be officially
verified.
(3) if the person is represented, is annexed to the application or notification of Attorney
or other instrument proving the power of representation. The authenticity of the signature
the principal must be officially verified.
(4) instead of the original document, you can submit a certified copy.
(5) if the nature of the case precludes submission of the annex to the application or notification
or the indications, and if that is not enough of the application or notification
obvious, the applicant or the notifier of that fact in the request or
the notice together with the reasons for which cannot be annexed to the present or an indication
and these reasons adequately demonstrate.
(6) an applicant or the notifier, instead of submitting the prescribed attachments
may appeal to precisely identified by a document that in the last 3
years submitted to Česká národní banka and that meets the requirements
laid down by this Decree.
(7) a foreign public document that is attached to the application or notification,
may not be fitted with a higher verification documents (superlegalizována) or
fitted with a so-called Apostille certificate in accordance with the appropriate international treaty ^ 21),
If it was issued by a public authority
and) of the Member State or
(b)) a foreign State, with which the Czech National Bank has an agreement on
cooperation; the list of these authorities, the Czech National Bank publishes way
allowing remote access.
§ 58
Regulation (EEC)
Decree 374/2009 Coll. on the execution of activities of payment institutions,
electronic money institutions, payment service providers small
the scale and small-scale electronic money issuers, is hereby repealed.
§ 59
The effectiveness of the
This Decree shall take effect on the date of its publication.
Annex 1
Application for authorisation to payment institutions activities
Notification of changes to the data referred to in the request for authorisation to payment
the institution of the
Annex 2
Questionnaire to assess the senior management of the payment institution or institutions
electronic money and other people
Annex 3
Questionnaire relating to the acquisition or increase of qualifying holding
Annex 4
The application for registration in the register of payment service providers small
the range of
Notification of changes to the data referred to in the application for registration in the register
payment service providers small
Annex 5
Application for authorisation to the activities of electronic money institutions
Notification of changes to the data referred to in the application for authorization
electronic money institutions
Annex 6
Notification of the intention to acquire or increase a qualifying holding in the institution
electronic money/dominate the electronic money institution
The intention to dominate the electronic money institution
Annex 7
Application for entry in the registry of issuers of electronic money small
the range of
Notification of changes to the data referred to in the application for registration in the register of publishers
small-scale electronic money
Annex 8
Notification to provide payment services through a commercial agent
Annex 9
Notice the performance of certain activities through another person
Annex 10
THE SPECIMEN
The notice of exercise of the activity in the host Member State
Part A of annex 10
(B) to annex 10
Part C of annex 10
Annex 11
The intention to reduce or cease to be a qualified participation
The intention to stop control of electronic money institution
Annex 12
Questionnaire to assess senior management, the payment service provider
small scale and small-scale electronic money issuer
Governor:
Ing. Singer, Ph.d., v. r.
1) European Parliament and Council Directive 2009/110/EC of 16 December 2002. September
2009 on the business of electronic money institutions,
performance and the prudential supervision of this activity, amending Directive
2005/48/EC and repealing Directive 2000/46/EC.
European Parliament and Council Directive 2007/64/EC of 13 April 2004. November
2007 on payment services in the internal market amending Directive
97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive
97/5/EC.
2) for example, Act No. 513/1991 Coll., the commercial code, as amended by
amended, law No. 15/1998 Coll. on supervision in the field of
capital market and amending and supplementing other legislation, law No.
455/1991 Coll., on trades (Trade Act), as amended by
amended, law No. 252/1997 Coll., on agriculture, as amended by
amended.
for example, 3) Act 256/2004 Coll., on business in the capital market, in
as amended.
4) Act 563/1991 Coll., on accounting, as amended.
5) section 34 of Act No. 190/2004 Coll. on bonds, as amended
regulations.
6) section 18 of the Act on accounting.
7) for example, Act 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
8) § 74 to 77 of the law No. 90/2012 Coll., on commercial companies and
cooperatives (law on commercial corporations).
9) section 19 of Act No. 21/1992 Coll., on banks, as amended.
10) section 66a.
11) § 2 (b). c) of Act No. 93/2009 Coll. on Auditors and amending
Some laws (law on Auditors).
12) § 2 (b). (d)) of the Act on Auditors.
13) for example Act on capital market.
14) § 61 of the commercial code.
Article 62 (a) 15). a) and b), and articles 63 to 65 of regulation.
16) Article 251 or article 261 of the regulation.
17) Decree No. 501/2002 Coll., which implements certain provisions of
Act No. 563/1991 Coll., on accounting, as amended, for
the business units are banks and other financial institutions, in
as amended.
18) Decree No. 500/2002 Coll., which implements certain provisions of
Act No. 563/1991 Coll., on accounting, as amended, for
the business units are entrepreneurs in relation to the system
double-entry accounting, in the wording of later regulations.
19) article 336 paragraph. table 1 No. 1 of the regulation.
20) Decree No. 142/2011 Coll., on submission of information to the payment
institutions, electronic money institutions, credit providers
small-scale services and small-scale electronic money issuers
The Czech National Bank.
21) communication from the Ministry of Foreign Affairs No. 45/1999 Coll., on access to
Convention abolishing the requirement of Legalisation for foreign public documents.
22) § 94 paragraph. 1 of the law No. 240/2013 Coll. on investment companies and
investment funds.
23 Article 4, paragraph 4). 1 point 26 of the regulation.