Changing The Laws In Connection With The Adoption Of The Act. On Investment Funds

Original Language Title: Změna zákonů v souvislosti s přijetím zák. o investičních fondech

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80336&nr=241~2F2013~20Sb.&ft=txt

241/Sb.



LAW



of 3 July 2003. July 2013



amending certain acts in connection with the adoption of the law on investment

companies and investment funds, and with the adoption of directly applicable

Regulation of the European Union relating to the settlement of some derivatives



Parliament has passed the following Act of the United States:



PART THE FIRST



To change the code of civil procedure



Article. (I)



In § 320 of the Act No. 99/1963 Coll., the code of civil procedure as amended by Act No.

519/1991 Coll., Act No. 30/2000 Coll. and Act No. 396/2012 Coll., on

the end of paragraph 1, the following sentence "enforcement persons other

property rights shall not apply to shares in a business

the company is represented by book-entry securities or valuable

paper, or if the rights of a shareholder to participate in the management of the business

the company, its profits or liquidation connected with a valuable

paper or book-entry securities. ".



PART TWO



Amendment to the Trade Licensing Act



Article. (II)



In section 3, paragraph 3. 3 (b). a) of Act No. 455/1991 Coll., on trades

business (Trade Act), as amended by Act No. 283/1995 Coll., Act

No. 15/1998 Coll., Act No. 363/1999 Coll., Act No. 367/2000 Coll., Act

No 38/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll., Act

No 62/2006 Coll., Act No. 230/2008 Coll., Act No. 254/2008 Coll., Act

No 285/2009 Coll., Act No. 160/2010 Coll. and Act No. 428/2007 Coll.,

the words "systems ^ 11a)" shall be replaced by the words "systems with finality

clearing ^ 11a) "and the words" collective investments ^ 13) "shall be replaced by

the words "management or administration of an investment fund or

foreign investment fund ".



Footnote 13 is repealed.



PART THREE



Amendment of the Act on banks



Article. (III)



Act No. 21/1992 Coll., on banks, as amended by Act No. 265/1992 Coll.,

Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll.

Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.

Act No. 16/1998 Coll., Act No. 125/1998 Coll., Act No. 167/1998 Coll.,

Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 320/2001 Coll.

Act No. 126/2002 Coll., Act No. 461/2003 Coll., Act No. 256/2004 Coll.,

Act No. 435/2004 Coll., Act No. 377/2005 Coll., Act No. 413/2005 Coll.

Act No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll.

Act No. 70/2006 Coll., Act No. 159/2006 Coll., Act No. 189/2006 Coll.

Law No 443/2006 Coll., Constitutional Court declared under no.

37/2007 Coll., Act No. 120/2007 Coll., Act No. 296/2007 Coll., Act No.

126/2008 Coll., Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No.

254/2008 Coll., Act No. 433/2008 Coll., Act No. 215/2009 Coll., Act No.

228/2009 Coll., Act No. 230/2009 Coll., Act No. 281/2009 Coll., Act No.

285/2009 Coll., Act No. 287/2009 Coll., Act No. 156/2010 Coll., Act No.

160/2010 Coll., Act No. 409/2010 Coll., Act No. 41/2007 Coll., Act No.

73/2011 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act No.

263/2007 Coll., Act No 420/2007 Coll., Act No. 428/2007 Coll., Act No.

58/2011 Coll., Act No. 470/2011 Coll., Act No. 37/2009 Coll., Act No.

254/2009 Coll. and Act No. 396/2012 Coll., is amended as follows:



1. In article 1 (1). 3 the letter n) following the letter o) is added:



"about) the implementation of foreign investment funds and administration

investment funds ".



Letter o) is referred to as the letter p).



2. In article 1 (1). 3 (b). p), the word "n)" is replaced by ")".



3. In section 11a. 4 (b). (c)), the words "collective investment fund"

replaced by the words "or to a foreign investment fund investment

the Fund, whose obhospodařovatel is entitled to exceed the record limit ".



4. In Article 17a. 8, the words "the investment company or foreign

investment company "shall be replaced by the words" translates into higher investment

the Fund or to a foreign investment fund "and the words" in funds

collective investment undertakings, which "shall be replaced by the words" in investment

funds and foreign investment funds ".



5. In section 20 (2). 6 (a). (b)), the words ", investment companies or

standard funds under the law governing collective investment "

replaced by the words "or obhospodařovateli foreign investment

the funds ".



PART FOUR



Amendment of the Act on income taxes



Article. (IV)



Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998

Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999

Coll., Act No. 222/1999 Coll., the Constitutional Court declared under no.

3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.

72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.

340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.

120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.

483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.

198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.

309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.

also, Act No. 441/2003 Coll., Act No. 19/2004 Coll., Act No. 47/2004

Coll., Act No. 49/2004 Coll., Act No. 256/2004 Coll., Act No. 280/2004

Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No. 436/2004

Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No. 669/2004

Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No. 217/2005

Coll., Act No. 340/2005 Coll., Act No. 361/2005 Coll., Act No. 441/2005

Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No. 552/2005

Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No. 109/2006

Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No. 189/2006

Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No. 248/2006

Coll., Act No. 262/2006 Coll., Act No. 262/2006 Coll., Act No. 29/2007

Coll., Act No. 67/2007 Coll., Act No. 160/2007 Coll., Act No. 261/2007

Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No. 126/2008

Coll., Act No. 306/2008 Coll., Act No. 482/2008 Coll., Act No. 2/2009

Coll., Act No. 87/2009 Coll., Act No. 216/2009 Coll., Act No. 221/2009

Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 289/2009

Coll., Act No. 303/2009 Coll., Act No. 304/2009 Coll., Act No. 326/2009

Coll., Act No. 362/2009 Coll., Act No. 199/2010 Coll., Act No. 346/2010

Coll., Act No. 73/2007 Coll., Constitutional Court declared under no.

119/2007 Coll., Act No. 188/2007 Coll., Act No. 329/2007 Coll., Act No.

353/2011 Coll., Act No. 355/2007 Coll., Act No. 370/2007 Coll., Act No.

375/2007 Coll., Act No 420/2007 Coll., Act No. 428/2007 Coll., Act No.

458/2011 Coll., Act No. 466/2011 Coll., Act No. 470/2011 Coll., Act No.

192/2009 Coll., Act No. 399/2009 Coll., Act No. 401/2009 Coll., Act No.

403/2009 Coll., Act No. 428/2009 Coll., Act No. 500/2012 Coll., Act No.

503/2012 Coll. and Act No. 44/2013 Coll., is amended as follows:



1. In section 10, paragraph 1. 6, the words "shares the original investment fund or

share certificate of the original unit "shall be replaced by" market share

the original investment ".



2. in section 17(2). 1 at the end of the text of subparagraph (c)) the following words "

the law governing investment companies and investment funds, sub-funds

joint-stock company with variable capital by law

governing investment companies and investment funds, and foreign

investment funds comparable to the unit trust fund or absorption ".



3. in section 17(2). 3, the words "subject to the supervision of the Czech Investment Fund

the National Bank "shall be replaced by the words" If a mutual fund listed in the list

mutual funds maintained by the Czech National Bank ".



4. In article 20 paragraph 3 reads:



"(3) if it is to occur with a change in its investment fund administrator, is

the previous administrator shall be obliged to notify this change to the tax authorities

not later than on the date when it occurs. "



5. in section 20a of the introductory part, the words ' the provisions of the joint-stock company

is only part of the tax period under the special investment fund

prescription, ^ 16) "shall be replaced by" Taxpayer income tax of legal entities

people, that is only part of the year, investment fund, ".



6. Footnote 16 is repealed, including links to a comment

below the line.



7. in section 20a (e). and) the words "to the day preceding the date of their

the activities of the investment fund under the special regulation ' is replaced by

"in which the investment fund,".



8. in section 21 para. 2 (a). a) after the word "Fund", the words "in accordance with


the law governing investment companies and investment funds ".



9. in section 21 para. 2 (b)) shall be deleted.



Subparagraph (c)) shall become point (b)).



10. in section 21 para. 2 (a). (b)) the introductory part of the words "provisions of the Fund

a collective investment undertaking "shall be replaced by" investment fund ".



11. in article 21, paragraph 5 is added:



"(5) in the taxpayer's income tax of legal persons, which is the only part of the

the reporting period investment fund, shall apply the rate of tax under

paragraph 2 only on the part of the taxable amount attributable to the portion of the tax

the period in which the investment fund, established under section 20a. ".



12. the footnote # 34 c is deleted, including the references to the

footnote.



13. in § 36 odst. 4 introductory part of the provision, the words "and of the mutual

sheets ' are deleted.



14. in § 36 odst. 4 (b). (c)), the words "or mutual fund ' shall be deleted.



15. under section 37b, the following new section 37 c and 37 d shall be inserted:



"§ 37 c



Provisions of this Act relating to open mutual fund and

participation certificate shall apply mutatis mutandis for the Sub-fund with joint-stock company

variable capital and investment share.



§ 37 d



Provisions of this Act relating to the limited partnership and the share of

a limited partner shall apply mutatis mutandis for the limited partnership on the

investment leaves and investment worksheet. ".



16. in paragraph 38fa paragraph. 1 (b). and) point 2 is added:



"2. the income derived from interest on loans and advances paid to open

unit trust fund or foreign investment fund comparable to

Open mutual fund, provided that at least 15% of the value of the assets in this

the investment fund is directly or indirectly made up of investment instruments

supporting the revenue referred to in point 1, with the exception of the foreign investment

the funds ".



17. in paragraph 38fa paragraph. 1 (b). and (3) the words) "a similar foreign

a collective investment fund "shall be replaced by the words" foreign

Investment Fund Unit Trust Fund comparable to ".



18. in section 38fa at the end of paragraph 1, the following sentence "payment

the provider is also the administrator of the investment fund under the law

governing investment companies and investment funds. "



19. In article 38 paragraph 2. 2 letter g) and (h)):



"(g)) in the period preceding the date decisive merger or consolidation

mutual funds or mutual fund and foreign investment

the Fund, for which a return has not yet been filed, unless the day

preceding the date the last day of the calendar year, or

splývajícího marketing year or the merge of the mutual fund



(h)) for the period from the vesting date of amalgamation or merger of mutual funds

or mutual fund and foreign investment fund by the end of

calendar year, or the successor or new marketing year

resulting from the mutual fund, unless the effective date on the first day

calendar year, or the successor or new marketing year

resulting from the mutual fund ".



20. In article 38 paragraph 2. 3 letter g) and (h)):



"g) day preceding the date decisive merger or consolidation of mutual

funds or mutual fund and foreign investment fund,



h) day which is the last day of the calendar year or the economic

of the year, if not the decisive day of the amalgamation or merger of mutual funds or

mutual fund and foreign investment fund on the first day

calendar year, or the successor or new marketing year

resulting from the investment fund ".



21. In article 38, paragraph 5 shall be deleted.



Paragraphs 6 to 11 are renumbered as paragraphs 5 to 10.



22. in § 38 paragraph 1(a). 7 is the number "7" shall be replaced by the number "6".



23. In article 38, paragraphs 8 and 9 are deleted.



The present paragraph 10 shall be renumbered as paragraph 8.



24. In § 38 paragraph 1(a). 8, the words "paragraph 3 (b). and paragraph 10) "

replaced by the words "and in paragraph 3 (b). and) ".



25. In section paragraph 38n 1, the second to the fourth sentence deleted.



26. § 38o is hereby repealed.



27. in section paragraph 38r 2 the words "in the application of tax losses (§ 38n para.

1) when converting to a different mutual fund investment companies or

When merging the company's pension funds and "are deleted.



PART FIVE



Amendment of the Act on supplementary pension insurance with State contribution and changes

Some laws related to its introduction



Article. In



In § 31 para. 5 of Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts relating to his

the introduction, as amended by Act No. 57/2006 Coll., the words "for the conferral of

the Fund's assets to the management of collective investment undertakings pursuant

special legal regulation of collective investment ' is replaced by

"the credentials of another performance of certain activities, which includes

management of an investment fund or a foreign investment fund

under the law governing investment companies and investment funds ".



PART SIX



Amendment of the Act on savings and credit cooperatives



Article. (VI)



In section 2b, paragraph 1. 6 (a). (b)) Act No 87/1995 Coll., on savings and

credit cooperatives, as amended by Act No. 283/2004 Coll., Act No. 57/2006

Coll., Act No. 230/2009 Coll. and Act No. 139/2011 Coll., the words ",

investment companies or funds in accordance with the law, standard

regulating collective investment "are replaced by the words" or

obhospodařovateli foreign investment funds ".



PART SEVEN



Changing the law on supervision in the field of capital market and amending and supplementing

other laws



Article. (VII)



Law No. 15/1998 Coll., on surveillance in the capital market and amending and

additional laws, as amended by Act No. 30/2000 Coll., Act No.

362/2000 Coll., Act No. 366/2000 Coll., Act No. 312/2002 Coll., Act No.

257/2004 Coll., Act No. 626/2004 Coll., Act No. 381/2005 Coll., Act No.

56/2006 Coll., Act No. 57/2006 Coll., Act No. 70/2006 Coll., Act No.

224/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll., Act No.

104/2008 Coll., Act No. 230/2008 Coll., Act No. 250/2008 Coll., Act No.

254/2008 Coll., Act No. 230/2009 Coll., Act No. 281/2009 Coll., Act No.

160/2010 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act No.

428/2007 Coll., Act No. 37/2009 Coll., Act No. 513/91 Coll. and Act No.

273/2009 Coll., is amended as follows:



1. In paragraph 3 (b). a) to (c)) and in § 13 para. 4, the words "collective

investments "shall be replaced by" management and administration

investment funds and foreign investment funds and bidding

investment in these funds ".



2. in paragraph 4 of the text at the end of paragraph 1, the words "and the relevant

authority in the field of trade repositories by directly applicable

Regulation of the European Union on OTC derivatives, central counterparties and trade repositories

the registers of trade data ^ 36) ".



Footnote No. 36:



"36) European Parliament and Council Regulation (EU) No 648/2012 of the 4.

July 2012 on OTC derivatives, central counterparties and trade repositories registers

trade data. ".



3. In section 4, paragraph 4. 2, after the word "agencies" ^ 30) "the words" and article. 68

paragraph. 3 directly applicable European Union legislation on OTC derivatives,

CCPs and trade repositories registers ^ 36) ".



4. in paragraph 4, the following paragraph 3 is added:



"(3) the Court with jurisdiction for the issue of authorisations for the provision of dial-up

conversations and data transmissions referred to in article. 62 para. 5 and 6 directly

of the applicable legislation of the European Union on OTC derivatives, Central

counterparties and trade repositories ^ 36) is a superior court of

Prague. ".



5. In § 13 para. 1 letter d) is added:



"d) forced administrators of securities dealers who are not the Bank,

of the regulated market, the operator of a securities settlement system or

CSD ".



6. Footnote 16 is hereby repealed.



7. In § 13 para. 1, point (e)), and (f)), including footnotes 5 and

18 repealed.



Subparagraph (g)) to zf) shall become letters (e)) to zd).



8. In § 13 para. 1, letter h) to (j)) including footnote # 10 c

shall be deleted.



Letters to) to zd) are known as the letters h) for).



9. in section 13, paragraph 1, point (a). m) at the end of the text, the words "established

in a State which is not a Member State ".



10. In § 13 para. 1, letter n), including footnotes # 20a

repealed.



Letters about) behind) are known as the letters n through z)).



11. In § 13 para. 1 (b). q), the words "y) and z)" shall be replaced by "s), and

t) ".



12. in § 14 para. 3 (b). and the words "), the rules of the pension funds and

insurance and bond issue conditions "shall be replaced by the words" and the statutes of

pension funds and insurance companies "and the word" listed "and the words" and

mutual "shall be deleted.



PART EIGHT



Amendment of the law on the financial arbitrator



Article. (VIII)



Act No. 229/2002 Coll. on the financial arbiter, as amended by Act No.

558/2004 Coll., Act No. 57/2006 Coll., Act No. 262/2006 Coll., Act No.

285/2009 Coll., Act No. 281/2009 Coll. and Act No. 180/2006, is amended

as follows:



1. In article 1 (1). 1 letter d) is added:



"(d) the person administering or carrying out) the administration of the Fund

collective investment schemes or offering investment in the Fund

collective investment schemes and consumer use or


the implementation of the administration of the Fund, collective investment schemes or offering

investments in collective investment fund ".



2. In article 3, paragraph 3. 1 letter d) is added:



"(d)) the person administering the Fund for collective investment, conducting

the administration of the Fund, collective investment schemes or offering investment

collective investment in the Fund, ".



PART NINE



Amendment to the law on value added tax



Article. (IX)



In § 54 para. 1 (b). in) of Act No. 235/2004 Coll., on value added tax

values, as amended by Act No. 502/2012 Coll., the words "investment fund,

mutual fund ' shall be replaced by "or the administration of the investment

the Fund, the Fund of the transformed or similar foreign funds. "



PART TEN



Amendment of the Act on capital market



Article. X



Act No. 256/2004 Coll., on the capital market, as amended by law

No 635/2004 Coll., Act No. 179/2005 Coll., Act No. 377/2005 Coll., Act

No 56/2006 Coll., Act No. 57/2006 Coll., Act No. 62/2006 Coll., Act No.

70/2006 Coll., Act No. 159/2006 Coll., Act No. 120/2007 Coll., Act No.

296/2007 Coll., Act No. 29/2008 Coll., Act No. 104/2008 Coll., Act No.

126/2008 Coll., Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No.

7/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No.

230/2009 Coll., Act No. 281/2009 Coll., Act No. 420/2009 Coll., Act No.

156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.

41/2007 Coll., Act No. 139/2011 Coll., Act No. 188/2007 Coll., Act No.

420/2011 Coll., Act No. 428/2007 Coll., Act No. 37/2009 Coll., Act No.

172/2009 Coll. and Act No. 254/2009 Coll., is amended as follows:



1. At the end of the footnote text # 2, the following sentence "Regulation

The European Parliament and of the Council (EC) No 648/2012 of the 4. July 2012

OTC derivatives, central counterparties and trade repositories registers business

data. ".



2. In article 1 (1). 3, after the words "(hereinafter referred to as the" regulation on the sale of the

the short ")" the words "and directly applicable European Union regulation

OTC derivatives, central counterparties and trade repositories registers business

data ^ 43) (hereinafter referred to as the "regulation on derivatives") "and the words" this regulation "

are replaced by the words "these regulations".



Footnote # 43:



"43) European Parliament and Council Regulation (EU) No 648/2012 of the 4.

July 2012 on OTC derivatives, central counterparties and trade repositories registers

trade data. ".



3. In article 4b, paragraph 2. 1 letter e) is added:



"e) in the case of the collection of funds or money

royalties and similar things from the public or qualified investors according to

the law governing investment companies and investment funds, or

with regard to the performance of the activities of the depositary of an investment fund or foreign

Investment Fund ".



4. footnote No. 2f shall be deleted.



5. in section 6a, the following new section 6aa be added:



"section 6aa



A securities dealer may also be carried out to the extent

the administration of foreign investment funds or investment funds,

If the holder of the authorization to carry out administration according to law

governing investment companies and investment funds. "



6. In section 10 d of paragraph 1. 3 (b). (b)), the words ", investment companies or

standard funds under the law governing collective investment "

replaced by the words "or obhospodařovateli foreign investment

the funds ".



7. in section 29 para. 1 (b). (b)) points 5 and 6 are added:



"5. the obhospodařovateli collective investment fund or a comparable

foreign investment fund, which manages this Fund to

with the permission of the Czech National Bank, or



6. foreign person authorised to offer investment in the Fund of collective

investment or a comparable foreign investment fund in the United

Republic. ".



8. in section 29 para. 1 (b). (b)), point 7 shall be deleted.



9. in section 32a para. 1 at the end of the text of subparagraph (c)), the words ",

If it is not represented by the person referred to in paragraph 2, point (e)) ".



10. in section 32a para. 2 (a). (d)), the dot is replaced by a comma and the following

the letter e), which reads as follows:



"e) investment company, which is authorized to provide investment

services, with respect to the service. ".



11. in Section 32b of the paragraph. 2 (a). c) after the word "has" the words "or

It intends to have "and the words" the Republic or "are inserted after" it has ".



12. In article 33, paragraph 8, the following paragraph 9 is added:



"(9), Czech National Bank publishes on dražebníkovi of securities to

Central address the following information:



and) business name, legal form, address of the registered office and registration number,

If the brokerage house, and the name, address and location

the identification number of the organizational units in the Czech Republic, in the case of

foreign person



(b) organize permissions) an indication of the public sale of securities and



c) day of its creation. ".



The former paragraph 9 shall become paragraph 10.



13. in section 34 para. 4 the letter j) is added:



"j) units issued by investment fund that is open

unit trust fund investment shares issued by investment fund, which

It is a joint stock company with variable capital and securities

or book-entry securities issued by a foreign investment fund with

which carry a right to purchase on behalf of the Fund. ".



14. in paragraph 89, the following paragraph 3 is added:



"(3) if the operator of a securities settlement system with the finality of

settlement linked to the system operator referred to in paragraph 1

ensure they are not of the bankruptcy decision or decision or other

by the intervention of a public authority under section 88 para. 2 to ensure the recipients

without prejudice to the right of the provider to the subject of this security. ".



15. In § 92 para. 3, in section 93 para. 2 and in section 93 para. 3 (b)):



"(b)) the administrator of an investment fund, in the case of the registration of mutual

sheets or founding or investment shares issued by

Investment Fund, whose administration is being carried out and who is authorized to

to perform the custody of securities and keeping records of dematerialized

the securities ".



16. in § 97 para. 1 letter d) is added:



"d) depository investment fund or foreign investment

the Fund ".



17. in § 109 paragraph. 3 (c)):



"(c)), the administrator of mutual fund".



18. in § 122 para. 11, the words "the investment company or foreign

investment company "shall be replaced by the words" translates into higher investment

the Fund or to a foreign investment fund "and the words" in funds

collective investment undertakings, which "shall be replaced by the words" in investment

funds or foreign investment funds ".



19. in paragraph 132 section 132a shall be inserted:



"section 132a



(1) an investment company or a foreign person with permission under section 481

the law governing investment companies and investment funds, which

It is not comparable to a government investment fund, which carries out

activity referred to in section 4, paragraph 4. 2 (a). (d)) or § 4 paragraph 2. 3 (b). a)

required in relation to this activity, to pay the contribution to the guarantee fund

of securities dealers and its customers from this activity are entitled

the payment of the refund, and under the similar conditions laid down in this

the law of securities for the merchant and its customers. For the issue of

the assets of the customer in the event of the bankruptcy of such investment company or

foreign persons, the provisions of this Act concerning the issue of assets

customer brokerage house shall apply mutatis mutandis.



(2) For cash and investment tools in the assets of the investment

Fund entrusted to the depositary within the activities of the depositary or its

the main proponents of the work of the main proponent is free

the contribution to the guarantee fund of securities dealers ".



20. In article 135 paragraph. 1 (b). from) at the end of the dot is replaced by a comma and

the following letter for), which read as follows:



"for) the person that is subject to obligations or prohibitions under regulation

on derivatives, with the exception of commercial registry data. ".



21. in paragraph 137 para. 2 at the end of the text of subparagraph (a)), and at the end of the text

subparagraph (c)), the words "or on the multilateral trading system".



22. In article 137 para. 2 (a). (b)) after the word "market" the words "or

the multilateral trading system ".



23. in section 137 is at the end of the text of paragraph 3, the words "or

trading system ".



24. In article 137 para. 7, after the words "regulated market", the words "or

the multilateral trading system "and after the words" regulated market "

the words "or multilateral trading system".



25. In paragraph 164 of paragraph 1. 1 (b). k) at the end of the dot is replaced by a comma and

the following point l) is added:



"l) fails to comply with a duty or breach the prohibition provided for in the regulation on derivatives.".



26. in paragraph 164 of paragraph 1. 3, after the words "as well as" the Government ") the word to)" and the word "to)"

replaced by the word "l)".



27. The heading of part eleven: "special provisions for the REGULATION of

SALE FOR A SHORT TIME AND THE REGULATION ON DERIVATIVES ".



28. the following section is inserted after section 192a 192b, which including the title reads as follows:



"sec. 192b



Authorised central counterparty



(1) the competent authority for authorising the central counterparties according to the


Regulation on derivatives in the Czech Republic is the Czech National Bank.



(2) a request for authorisation to central counterparty activities can be made only

on the prescribed form, to which the applicant shall be accompanied by documents

certifying the fulfilment of the conditions for the grant of authorizations for the activities of the Central

the counterparty. The pattern of the form and the content of its annexes laying down detailed

legislation. ".



29. in § 195a the present text becomes paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) if provided for in this Act or legislation implementing it something

other than is apparent from the provisions of the Civil Code governing the management

Foreign assets, the provisions of this Act or legislation to

performing.



(3) the provisions of § § 1401, 1415 para. 1 and section 1432-1437 of the civil

code, for each activity, which includes the investment service,

not apply, unless the parties have negotiated something else. ".



30. In paragraph 198, paragraph 1 reads:



"(1) the Czech National Bank leads the list of persons who may be appointed as

compulsory administrator of the brokerage house, which is not a Bank,

of the regulated market, the operator of a securities settlement system or

CSD. ".



31. in section 198 paragraph 1. 4 (b). a) and b), the words "the liquidator or" shall be deleted.



32. In § 199 para. 2, after the words "§ the basic equipment of paragraph 1. 2 "the words" §

paragraph 192b. 2. "



PART ELEVEN



Changing the Education Act



Article. XI



Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended by Act No.

383/2005 Coll., Act No. 112/2006 Coll., Act No. 159/2006 Coll., Act No.

161/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll., Act No.

342/2006 Coll., Act No. 624/2006 Coll., Act No. 217/2007 Coll., Act No.

296/2007 Coll., Act No. 343/2007 Coll., Act No. 58/2008 Coll., Act No.

126/2008 Coll., Act No. 189/2008 Coll., Act No. 242/2008 Coll., Act No.

243/2008 Coll., Act No. 306/2008 Coll., Act No. 384/2008 Coll., Act No.

49/2009 Coll., Act No. 227/2009 Coll., Act No. 381/2009 Coll., Act No.

427/2010 Coll., Act No. 73/2011 Coll., Act No. 331/2011 Coll., Act No.

375/2007 Coll., Act No 420/2007 Coll., Act No. 472/2010 Coll., Act No.

53/2012 Coll., Act No. 333/2012 Coll. and Act No. 370/2012 Coll., is amended

as follows:



1. In article 137 para. 2 the words "investment fund" shall be replaced by the "Fund

investment ".



2. In article 137 para. 5 the first sentence and the second, the words "investment fund"

shall be replaced by "Investment Fund".



PART TWELVE



Amendment of the Act on administrative fees



Article. (XII)



The annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.

Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.

Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.

Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No. 137/2006 Coll.,

Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.

Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No. 227/2006 Coll.

Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.

Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No. 261/2007 Coll.

Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.,

Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.,

Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.,

Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No. 297/2008 Coll.,

Act No 301/2008 Coll., Act No. 309/2008 Coll., Act No 312/2008 Coll.,

Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No. 141/2009 Coll.,

Act No. 197/2009 Coll., Act No. 207/2009 Coll., Act No. 227/2009 Coll.,

Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No. 301/2009 Coll.,

Law No. 346/2009 Coll., Act No. 420/2009 Coll., Act No. 129/2010 Coll.,

Act No. 148/2010 Coll., Act No. 153/2010 Coll., Act No. 160/2010 Coll.,

Act No. 343/2010 Coll., Act No. 427/2010 Coll., Act No. 30/2011 Sb.

Act No 105/2007 Coll., Act No. 133/2007 Coll., Act No. 134/2007 Coll.

Act No. 152/2007 Coll., Act No. 188/2007 Coll., Act No. 245/2007 Coll.

Law No 249/2007 Coll., Act No. 255/2007 Coll., Act No. 262/2006,

Act No. 300/2011 Coll., Act No. 308/2011 Coll., Act No. 329/2007 Coll.

Act No. 344/2007 Coll., Act No. 349/2007 Coll., Act No. 350/2011 Sb.

Act No. 357/2010 Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll.

Act No. 428/2007 Coll., Act No. 457/2011 Coll., Act No. 458/2007 Coll.

Act No. 472/2010 Coll., Act No. 19/2009 Coll., Act No. 37/2009 Coll.,

Act No. 53/2010 Coll., Act No. 119/2009 Coll., Act No. 169/2009 Coll.,

Act No. 172/2009 Coll., Act No. 202/2009 Coll., Act No. 221/2009 Coll.,

Act No. 225/2012 Coll., Act No. 274/2009 Coll., Act No. 350/2012 Coll.

Act No. 359/2012 Coll., Act No. 399/2009 Coll., Act No. 407/2009 Coll.,

Act No. 428/2009 Coll., Act No. 496/2012 Coll., Act No. 502/2012 Coll.

Act No. 50/2013 Coll. and Act No. 69/2013 Coll., is amended as follows:



1. under point 2, letter f 65):



"(f)) to the activities of investment companies

According to § 479 law governing

investment companies and investment

Czk 100 000 funds ".



2. in item 65 (2) in subparagraph (f)) the following points (g) and (h)))

are added:



"(g)) to the activities of the foreign person under the

§ 481 law governing investment

the company and the investment funds of $ 100 000



(h)) to the activities of government investment

the Fund under section 480 of the Act

governing the investment company

and investment funds, in order to

State Special Fund or

the standard $ 100 000 "Fund.



Subparagraph (g)) and m) are known as letters i) to o).



3. in item 65 in point 2, the letter o) the following points (p))-s),

are added:



") to the activities of investment companies

According to § 479 law governing

investment companies and investment

funds, if managed

only qualified investors ' funds

or foreign investment

comparable with the Fund of funds

$ 50,000 of qualified investors



q) to the activities of the foreign person under the

§ 481 law governing investment

the company and the investment

funds, if managed

only qualified investors ' funds

or foreign investment

comparable with the Fund of funds

$ 50,000 of qualified investors



r) to the activities of government investment

the Fund under section 480 of the Act

governing the investment company

and investment funds, in order to

State Fund of qualified investors $ 50 000



with the business of the master administrator) Czk 20 000 ".



4. under point 7 of 65 for the letter a) the following new subparagraph (b)) to (d)),

are added:



"(b)) authorized to practice foreign

to the person under section 481 of the law governing the

investment companies and investment

funds-$ 35 000



(c) the activities of the Government)

$ 35 000 investment fund



(d) the main activities)

Administrator-$ 35, 000. "



Subparagraph (b)) to (g)) are known as the letters e) to (j)).



5. in item 65, point 8 (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



6. in item 65 in point 9, the following shall be added after point f) points (g) to (j)))

are added:



"(g)) for the registration of investment fund with legal

celebrities, that is not a self-governing

the Fund, according to the law

governing the investment company

and investment funds of $ 2 000



h) for registration of a standard or pool

data on sub-standard

Fund in accordance with the law governing

investment companies and investment

funds of € 2 000



I) for registration of the depositary of an investment

Fund in accordance with the law governing

investment companies and investment

funds of € 2 000



(j)) for the registration of the liquidator or of forced

Administrator under the law governing

the investment company

and investment funds Eur 2 000 ".



7. Under item 66 (g) of point 1 letter):



"g) consent to the acquisition or increase of

qualifying holding in the investment

the company, the main administrator

or Government investment

Fund or to

in order to become the controlling persons

the investment company, the main

the administrator or self-governing

an investment fund of $ 20,000 ".



8. under point 1 of 66 for the letter g) the following point (h))

added:



"h) consent to the acquisition or increase of

qualified participation in other legal

person or to control other

legal person £ 20,000 ".



Subparagraph (h)) and i) are referred to as letters i) and (j)).



9. Under item 66 (b), point 2. g), the words "or investment fund"

shall be replaced by "Government Investment Fund, the main

the administrator or foreign persons authorised under section 481 of the law

governing investment companies and investment funds ".



10. under point 5 of 66 letters and) and (b)):



") to the merger, a division of the investment company

or transfer of assets to the

partnership contributions under the law governing

investment companies and investment

funds of € 20 000



(b)) the merger or Division of the investment


Fund in accordance with the law governing

investment companies and investment

funds $ 20,000 ".



11. in item 66 in point 5, letter (g)) the following point (h))

added:



"(h)) to the merger, Division, transfer of assets

the companion or the change of legal

forms the main administrator

under the law governing investment

companies and investment funds Eur 20 000 ".



12. under paragraph 7 of 66 letters and) and (b)):



") for permission to merger of the investment

Fund or sub-Fund according to

the law governing investment

companies and investment funds Eur 20 000



(b)) for permission to merge the investment

Fund or sub-Fund according to

the law governing investment

companies and investment funds Eur 20 000 ".



13. under point 7 for 66 (b)) the following new point (c)), which

added:



"(c)) for a permit for the conversion of investment

Fund or sub-Fund according to law

governing the investment company

a $ 20,000 investment funds ".



Subparagraph (c)) to (h)) shall be renumbered as subparagraph (d)) to (i)).



14. under point 8 of 66):



") to change the status of a standard

the Fund is CZK 10,000.



15. Under item 66, point 8, point (b)), and (c)) shall be deleted.



Subparagraph (d)) to (p)) shall become point (b)) to (n)).



16. Under item 66, point 8, letter (f)), and (g)) be deleted.



Subparagraph (h)) to (n)) shall become letters (f)) to (l)).



17. Under item 66, point 8 of the letter g) is added:



"(g)) for consent to change translates into higher

or depositary standard

$ 5,000 to the Fund ".



Article. XIII



Transitional provision



Acceptance of the application for consent to change the status of a standard pool, change

authorised investment companies and change authorization

Government Investment Fund, until 30 June 1998. June 2014

charges.



PART THIRTEEN



Amendment of the Act on the financial conglomerates directive



Article. XIV



In Act No. 377/2005 Coll., on the supplementary supervision of banks,

spořitelními and úvěrními associations, insurance companies and securities dealers

papers in financial conglomerates and amending some other acts

(the law on the financial conglomerates directive), as amended by Act No. 57/2006 Coll.

Act No. 137/2006 Coll., Act No. 230/2006 Coll., Act No. 278/2009 Coll.,

Act No. 281/2009 Coll., Act No. 139/2011 Coll., Act No. 37/2009 Coll.,

Law No. 513/91 Coll. and Act No. 91/2009 Coll., part ten, including

the title shall be deleted.



PART OF THE FOURTEENTH



Amendment of the Act on the amendment of laws in the context of the unification of the supervision of

financial market



Article. XV



In the law No 57/2006 Coll., on the amendment of laws in the context of the unification of

supervision of the financial market, as amended by Act No. 254/2008 Coll., Act No.

93/2009 Coll., Act No. 278/2009 Coll., Act No. 513/91 Coll. and Act No.

91/2009 Coll., is part of the seventeen including title.



PART FIFTEEN



Changing the law amending certain laws in connection with the adoption of the

the law on the implementation of international sanctions



Article. XVI



In the Act No. 70/2006 Coll., amending certain laws in relation to

by adopting the law on the implementation of international sanctions, as amended by Act No.

254/2008 Coll., Act No. 41/2009 Coll., Act No. 93/2009 Coll., Act No.

278/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll. and act

No 91/2012 Coll., part eleven, including the title.



PART OF THE SIXTEENTH



Amendment of the Act, amending Law No. 189/2004 Coll., on collective

investment, and Act No. 15/1998 Coll., on surveillance in the capital

market and amending and supplementing other acts, as amended



Article. XVII



In the law No 224/2006 Coll., amending Act No. 189/2004 Coll., on

collective investment, and Act No. 15/1998 Coll., on supervision in the field of

capital market and amending and supplementing other acts, part one

including the title.



PART SEVENTEEN:



Amendment of the Act on the activities of institutions for occupational retirement provision



Article. XVIII



In § 8 para. 6 (a). and) and in § 9 para. 1 of law No 340/2006 Coll., on

the activities of institutions for occupational retirement provision, as amended by

Act No. 248/2008 Coll., the words "collective investment fund"

replaced by the words "or to a foreign investment fund investment

the Fund ".



PART EIGHTEEN



Amendment of the Act, amending Act No. 182/2006 Coll., on bankruptcy and

the ways of its solution (insolvency law), as amended

regulations, and some of the laws in relation to its adoption



Article. XIX



In the law No. 296/2007 Coll., amending Act No. 182/2006 Coll.

bankruptcy and ways of its solution (insolvency law), as amended

regulations, and some of the laws in relation to its adoption, as amended by

Act No. 121/2008 Coll., Act No. 274/2008 Coll., Act No. 41/2009, Coll.,

Law No. 278/2009 Coll., Act No. 281/2009 Coll., Act No. 466/Sb.

Law No. 513/91 Coll., Act No. 91/2009 Coll. and Act No. 201/2009 Coll.,

part of the eighty-seventh, including repeals title.



PART NINETEEN



Changing the law on takeover bids



Article. XX



In section 38 of Act No. 104/2008 Coll., on takeover bids and on amendments to certain

other laws (the law on takeover bids), as amended by Act No.

188/2007 Coll., paragraph 2 reads as follows:



"(2) in the event that the voting rights are exercised with

the participating securities of the target company that are located in the investment

Fund without legal personality or in an investment fund with legal personality,

that is not a self-governing Fund, shall be calculated in proportion to the voting

rights translates into higher; He will make a mandatory takeover offer for its

name and on his account. ".



PART TWENTY-



Changing the law amending certain laws in connection with the adoption of the

the law on the transformation of commercial companies and cooperatives



Article. XXI



In Act No. 126/2008 Coll., amending certain laws in relation to

the adoption of the law on the transformation of commercial companies and cooperatives, as amended by

Law No. 278/2009 Coll., Act No. 281/2009 Coll., Act No. 466/Sb.

and Act No. 513/91 Coll., is part fifteen including the title.



PART OF THE TWENTY-FIRST



Amendment of the Act, amending Act No. 256/2004 Coll., on business

the capital market, as amended, and other related

the laws of the



Article. XXII



In the law No. 230/2008 Coll., amending Act No. 256/2004 Coll., on

the capital market, as amended, and other

related laws, as amended by law No 513/91 Coll., part four

including the title.



PART TWENTY-TWO



Amendment of the Act on certain measures against the legalization of proceeds of crime

the activities and financing of terrorism



Article. XXIII



In section 2 (2). 1 (b). (b)), paragraph 4 of Act No. 253/2008 Coll., on certain

measures against the legalization of proceeds from crime and the financing of

terrorism, as amended by Act No 139/2007 Coll. and Act No. 428/2007 Coll.,

the words "investment fund" shall be replaced by "a government investment fund,

the main administrator of the investment fund ".



PART TWENTY-THREE



Amendment to the criminal code



Article. XXIV



In § 248 paragraph. 2 of Act No. 40/2009 Coll., the criminal code, the words

"or who, conflict with other legislation governing ' shall be

the words "the activities of persons authorized to conduct business on the financial market,"

the words "insurance and insurance," are the words

"the management and administration of investment funds or foreign

investment funds, "and the words" a collective investment undertaking "shall be deleted.



PART OF THE TWENTY-FOURTH



Changing the law amending certain laws in connection with the adoption of the

the law on basic registers



Article. XXV



In Act No 227/2009 Coll., amending certain laws in relation to

the adoption of the law on basic registers, as amended by Act No 291/2009

Coll., Act No. 306/2009 Coll., Act No. 101/2010 Coll., Act No. 159/2010

Coll., Act No. 424/2010 Coll., Act No. 350/2011 Coll., Act No. 375/2011

Coll., Act No. 456/2011 Coll., Act No. 466/2011 Coll., Act No. 17/2012

Coll., Act No. 513/91 Coll., Act No. 201/2009 Coll., Act No. 383/2012

Coll. and Act No. 496/2012 Coll., is part of the one hundred and fiftieth including title

repealed.



PART OF THE TWENTY-FIFTH



Amendment of the Act on insurance



Article. XXVI



Act No. 277/2009 Coll., on insurance, as amended by Act No. 409/2010

Coll., Act No. 188/2007 Coll., Act No 420/2007 Coll., Act No. 428/2011

Coll., Act No. 458/2011 Coll., Act No. 18/2009 Coll. and Act No. 399/2012

Coll., is amended as follows:



1. in section 70 para. 1 (b). n), the words "collective investment fund,

that meets the requirements of the law of the European Community "shall be replaced by

"the standard Fund or a comparable foreign investment fund".



2. in section 70 para. 1 (b). about) the words "collective investment fund,

that does not meet the requirements of the law of the European Community "shall be replaced by

the words "investment fund or foreign investment fund, whose

the home Member State is the Member State that is not listed in subparagraph (a) n) ".



3. § 72 para. 1 the words "standard Fund collective

investments "shall be replaced by" issued by a standard Fund ".



PART TWENTY-SIX




Changing the law amending certain laws in connection with the adoption of the

the tax code



Article. XXVII



In Act No 281/2009 Coll., amending certain laws in relation to

the adoption of the tax code, as amended by law No 153/2010 Coll., Act No.

350/2011 Coll., Act No. 456/2011 Coll., Act No. 466/2011 Coll., Act No.

165/2012 Coll., Act No. 201/2009 Coll., Act No. 255/2012 Coll. and act

No 496/2012 Coll., is part of the one hundred and thirty-four, including the title.



PART TWENTY-SEVEN



Amendment of the Act on the amendment of laws in connection with the adoption of the law on financial

ensure the



Article. XXVIII



Law no 409/2010 Coll., amending laws in connection with the adoption of the

the law on financial collateral arrangements, as amended by law No 513/91 Coll. and act

No 91/2012 Coll., part nine, including the title.



PART OF THE TWENTY-EIGHTH



Amendment of the Act, amending Law No. 189/2004 Coll., on collective

investment, as amended, and other related laws



Article. XXIX



In Act No. 188/2007 Coll., amending Act No. 189/2004 Coll., on

collective investment, as amended, and other

related laws, as amended by law No 513/91 Coll., is part of the first

including the title.



PART OF THE TWENTY-NINTH



Amendment of the Act on pension savings



Article. XXX



Act No. 426/2007 Coll., on pension savings, as amended by Act No.

399/2012 Coll., is amended as follows:



1. In § 32 para. 3 (b). b) to (d)), after the words "collective Fund

the investment of ", the words" or a comparable foreign investment

the Fund ".



2. In § 33 para. 4, the word "pension" is replaced by the word "pension".



3. In § 42 para. 6 points) to f) are deleted.



Subparagraph (g))) to (i) are known as a) to (c)).



4. In § 48 para. 1 letter c) is added:



"(c)) of book-entry securities or the securities issued by

the standard Fund or a comparable foreign investment fund,

that are offered in the Czech Republic under the law governing

investment companies and investment funds. "



5. § 48 para. 2 (a). (b)) and in § 54 para. 1 the words "foreign

the standard Fund "shall be replaced by the words" of comparable foreign

Investment Fund ".



6. In § 49 paragraph 1. 1 (b)):



"(b)) of book-entry securities or the securities issued by the funds

for collective investment or comparable foreign investment

funds that are offered in the Czech Republic under the law governing

investment companies and investment funds, manages these

foreign investment funds to a person under the supervision of a supervisory authority

of a Member State. ".



7. In § 49 paragraph 1. 2 (a). (b)), after the word "foreign" words

"investment funds comparable to".



8. In § 49 paragraph 1. 3, the words "in a balanced" are replaced by the words "in

dynamic ".



9. § 50 para. 1 the words "under this Act" shall be deleted.



10. In paragraph 51 (c). (c)), after the words "risk" following the word

"in particular".



11. In § 54 para. 2, the words "international standard pools" are replaced by the

the words "of comparable foreign investment funds".



12. In § 54 para. 3, the words "foreign special funds" are replaced by

the words "of comparable foreign investment funds".



13. in § 55 para. 2 (a). (c)), after the words "foreign" words

"investment fund comparable to".



14. in paragraph 91, the following paragraph 3 is added:



"(3) the investment broker who is a natural person, may

to carry out an activity referred to in paragraph 1 only in person, by

employees or by the bound representative. Stock trader

Securities and investment broker who is a legal person, may

to carry out an activity referred to in paragraph 1 only if the statutory body,

the Chief Clerk, by employees or by the bound representative.

The person referred to in paragraph 1 shall not grant power of attorney to another person to place

It pursued an activity referred to in paragraph 1; the provisions of another legal

Regulation on the right of an agent to grant additional power of attorney shall not be used. ".



15. In paragraph 99, the following paragraph 5 is added:



"(5) if the pension company liquidation shall be deleted or pension

the company in bankruptcy, all pension funds management converts the

another pension company liquidator or insolvency practitioner pension

the company. The liquidator or insolvency practitioner under this

the activities of the compensation cash expenses and remuneration; in the case that the pension

the company is in bankruptcy, the claim on their payment of a claim on the

pension estate of the company. It is not sufficient if property or

estate pension companies to refund payment of finished

expenses and the remuneration of the liquidator or of the insolvency administrator, it is

State. The method of determining the compensation cash expenses and the remuneration of the liquidator and

insolvency practitioner, the maximum amount of the benefit paid by the State and the way

payout down detailed legislation. ".



16. in § 101 paragraph. 1 (b). q), the words "for the management of or

evaluation of ' shall be deleted.



17. in § 101 paragraph. 1 the letter r) repealed.



Letters with) up from) are known as the letters r) to y).



18. in § 101 paragraph. 3 (d)) shall be deleted.



Letter e) is renumbered as paragraph (d)).



19. in § 104 paragraph. 2 of the introductory part of the provisions of the

"provider" words ", a securities dealer," and

the words "or bound representative" are replaced by the words "the merchant with the

securities or ".



20. In § 104 paragraph. 3 (b). (c)), the number "7" is replaced by "8".



21. in paragraph 110 of paragraph 1. 1 at the end of the text of the paragraph, the words "§ 99

paragraph. 5. "



PART THIRTY-



Amendment of the Act on supplementary pension savings



Article. XXXI



Law No 427/2007 Coll. on supplementary pension savings, as amended by law

No 399/2012 Coll. and Act No. 403/2009 Coll., is amended as follows:



1. in paragraph 22 of the paragraph. 2 at the end of the first sentence, the words ", or

at least 2 years in the case of benefits meeting the conditions referred to in paragraph 4 "and

in the second sentence, the words ", or at least 2 years in the case of benefits

which satisfies the conditions referred to in paragraph 4 "are deleted.



2. in paragraph 6 of section 23 reads as follows:



"(6) an insurance undertaking is required to notify the participant, health insurance company

pursuant to paragraph 8 and the Czech social security administration no later than the day

payment of the first instalment of the opening day of the payment of the deferred pension or

pension on the specific time period with accurately determined the amount of the pension, and

not later than on the day of payment of the last instalment of the day their payment

pension on the specific time period with a fixed amount of income, exactly

If the lifetime pension or pensions to the specific time period with

the amount of the pension is paid for



and) so that the first payment is at least 30% of the average wage in the national

organized by the Ministry of economy, labour and Social Affairs in accordance with

the law governing employment during the calendar year preceding the

the calendar year in which the payment of the deferred pension began or Board

the specific time period with a fixed amount of income, exactly



(b)) in the amount of monthly, fade free without the possibility of the payment of the stay or

pause and



(c)), so that the payment of instalments in respect of pension on the specific

time with accurately determined the amount of the pension, she first achievement

retirement age the recipient required for entitlement to an old-age

pension provided for under section 32 of the Act on pension insurance, less

3 years. ".



3. in article 23, the following paragraph 9 is added:



"(9) Pension company is obliged to, together with the payment of a one-time

the insurance referred to in paragraph 4 to pass the insurance information on the summary of

contributions and State contribution. ".



4. In § 43 para. 3 (b). (b)), the words ", investment companies or

Foreign standard collective investment funds under the Act

regulating collective investment "are replaced by the words" or

obhospodařovateli foreign investment funds ".



5. in section 60 paragraph. 3 the words "collective investment fund" shall be replaced by

the words "investment fund or foreign investment fund".



6. In paragraph 74, the following paragraph 7 is added:



"(7) the investment broker who is a natural person, may

to carry out an activity referred to in paragraph 1 only in person, by

employees or by the bound representative. Stock trader

Securities and investment broker who is a legal person, may

to carry out an activity referred to in paragraph 1 only if the statutory body,

the Chief Clerk, by employees or by the bound representative.

The person referred to in paragraph 1 shall not grant power of attorney to another person to place

It pursued an activity referred to in paragraph 1; the provisions of another legal

Regulation on the right of an agent to grant additional power of attorney shall not be used. ".



7. In article 84 paragraph. 1 the words "and an employee of the person referred to in section 74 para. 1

and pension companies "are replaced by the words" persons, which carries out

activities and employee pension companies ".



8. In section 84, paragraph 3, the following paragraph 4 is added:



"(4) a person referred to in section 74 para. 1, which is a legal person proves


professional competence, if the requirements referred to in paragraph 1 shall carry out the person

responsible within the framework of this legal person in the activities under section 74 para. 1. ".



The current paragraph 4 shall become paragraph 5.



9. in section 93 para. 6 a) to (f)) shall be deleted.



Subparagraph (g))) to (i) are known as a) to (c)).



10. In § 100 para. 1 the words "under this Act" shall be deleted.



11. In § 100 para. 2 (a). (c)), the words "collective investment undertakings or

international standard Fund collective investment undertaking "shall be replaced by

the words "or a comparable foreign investment fund", the words "of the Fund

a collective investment undertaking "shall be replaced by the words" Fund ", and the words

"collective investment fund, standard international standard

a collective investment fund, a special fund of collective

investment or foreign collective investment fund "

replaced by the words "collective investment fund or a comparable

foreign investment fund ".



12. In § 100 para. 2 (a). (d)) the introductory part of the provisions of the words

"collective investment or foreign Special Fund

a collective investment undertaking "shall be replaced by the words" or comparable

foreign investment fund ".



13. in § 100 para. 2 (a). d) points 1 and 5, the words "collective

investments "shall be deleted.



14. in § 100 para. 2 (a). (d)), paragraph 4, the words "collective Fund

investments "shall be replaced by" standard Fund ", the words" collective

investment or foreign Special Fund for collective investment "

replaced by the words "or a comparable foreign investment fund" and the words

"collective investment" is replaced by "governing the investment

the company and the investment funds ".



15. In § 100 para. 2 (a). d) point 6, the words "standard Fund

collective investment fund of collective foreign standard

investing, a special fund, collective investment undertakings or

Foreign Special Fund collective investment undertaking "shall be replaced by

"collective investment fund or a comparable foreign

Investment Fund ".



16. in § 100 para. 2 (a). g) point 2 is added:



"2. This derivative has been agreed with a counterparty pursuant to Regulation

the Government governing investment of investment funds and technology to their

the management and the counterparty is subject to the supervision of the Czech National Bank

or supervisory authority of another State, and ".



17. in section 101 (a). (c)), after the words "risk" following the word

"in particular".



18. in § 105 para. 1 the words "collective investment or one

international standard Fund collective investment undertaking "shall be replaced by

the words "or one comparable to foreign investment fund

the standard Fund ".



19. in § 105 para. 2 the words "collective investment undertakings or

Foreign standard collective investment funds "are replaced by

the words "or a comparable foreign investment funds".



20. In § 105 para. 3 the words "collective investment undertakings or

Foreign special investment funds "are replaced by

the words "or foreign investment funds comparable with a special

the Fund ".



21. in section 106 paragraph. 2 (a). (c)), after the words "foreign" words

"investment fund comparable to".



22. In article 112, paragraph 4 reads:



"(4) if the pension company in bankruptcy, it converts the management

all participating funds to another pension company or cancels

all participating funds with the liquidation of the insolvency practitioner pension

the company. In case of cancellation of all participating funds with the liquidation

the insolvency practitioner shall ensure that the sale of assets in the participating funds,

settlement of claims and obligations related to the management of the

the assets of the Fund in a directory, the transfer of funds and payment of the participant's

benefits to the participants, laying claim to them; paragraphs 2 and 3 shall apply

by analogy. The insolvency practitioner responsibility for this activity compensation

cash expenses and remuneration; a claim for reimbursement is the claim of the

for material essence of a pension company. If the property is not sufficient

the essence of the pension company to pay refunds of cash expenses and

the remuneration of the insolvency administrator, shall be paid by the State. Method of determining compensation

cash expenses and remuneration of the insolvency administrator, the maximum amount of

paid for by the State and the way of payment, lays down implementing legislation. ".



23. in § 142 paragraph 2. 2 (a). (d)), after the word "auditor", the words

"pension companies" and the word "pension" is replaced by

"local".



24. In § 148 paragraph. 4 the second sentence, the words "in a manner and within limits laid down

an implementing regulation "shall be deleted.



25. In § 148 paragraph. 4, the following sentence "method of determining the compensation of the finished

expenses and remuneration of a receiver, the maximum amount of the contribution to be paid by the State

and the way of payment, lays down implementing legislation. ".



26. in § 163 para. 1, the following point (f)), the following new paragraph (g)), which read as follows:



"(g)) breaks the prohibition to grant power of Attorney pursuant to section 74 para. 7, ".



Subparagraph (g))) to (i) shall become letters (h)) to (j)).



27. in § 163 para. 5, the following new subparagraph (a)), which read as follows:



"a) exercises an activity in contravention of section 74 para. 7, ".



Letters and) through f) shall become point (b)) to (g)).



28. in paragraph 170, the words "§ 111 paragraph. 2.0 "the words" § 112 para.

4. "



29. in § 193 para. 5 the second sentence, after the words "pension companies"

the words "or supplementary pension provider".



30. In paragraph 193, the following paragraph 6 is added:



"(6) the activities of a provider of supplementary pension insurance covered

the provisions of the Act on pension insurance. ".



PART OF THE THIRTY-FIRST



Amendment of the Act on the financial administration of the United States



Article. XXXII



In section 11 (1) 2 Act No 456/2007 Coll. on the Financial Administration of the United

Republic, as amended by law no 407/2009 Coll., the letters e) and (f)):



"e) obhospodařovatel or administrator of an investment fund or

foreign investment fund, including the investment funds or

foreign investment funds, which manages or whose

the administration shall, in the absence of legal personality,



f) foreign investment fund or an investment fund, has a legal

the personality, the depositary of an investment fund or foreign investment

the Fund and the main proponent of an investment fund or foreign

Investment Fund ".



PART OF THE THIRTY-SECOND



Amendment of the Act on the amendment of laws related to the establishment of one of the recovery

space and other changes to the tax and insurance laws



Article. XXXIII



In the article. (I) Act No. 458/2011 Coll., amending the laws relating to the establishment of the

one of the recovery locations and other changes to the tax and insurance laws,

points 60 to 62 repealed.



PART OF THE THIRTY-THIRD



The EFFECTIVENESS of the



Article. XXXIV



This Act shall take effect on the date of its publication.



Němcová in r.



Zeman in r.



Samantha r in r.