About The Performance Of Activities Of Payment Institutions

Original Language Title: o výkonu činnosti platebních institucí

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74312&nr=141~2F2011~20Sb.&ft=txt

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.