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Footnote 13 is repealed.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.
