Determination And Payment Of Fixed Costs In The Provision Of Data

Original Language Title: stanovení a úhrada věcných nákladů při poskytování údajů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=71287&nr=212~2F2010~20Sb.&ft=txt

212/2010 Sb.



DECREE



of 22 March. June 22, 2010



about how to determine the amount of incurred costs in kind and how they

remuneration in providing data, CSD and the person who

leading separate registers of investment instruments



The Ministry of Finance shall determine in accordance with § 199 para. 1 of Act No. 256/2004

Coll. on the capital market, as amended by Act No 56/2006 Coll.:



§ 1



Introductory provisions



(1) this Ordinance governs the determination of the amount of the incurred material

(hereinafter referred to as "the cost"), which are reasonably incurred costs

Central Depository or the person who keeps separate registers

investment instruments, related to the provision of the requested data from the

registration of investment instruments and documents stored in accordance with section 99a

paragraph. 1 of the law on capital market (hereinafter referred to as "an indication of the

evidence ") to the person pursuant to § 115 paragraph. 1 of the law on business

capital market shall be entitled to request such information from the register (hereinafter referred to as

"the applicant"), and that would have been avoided if the provider did not perform its

the obligation to provide information from the records stored by the Act on business

capital market, and the way their payment.



(2) the supplier shall, for the purposes of this Ordinance means Central

the depositary or the person who keeps separate registers of investment

toolbar.



§ 2



The method of determining the amount of costs



(1) the amount of the costs down, at least for the coming period, the provider

Once a year, based on cost data for the previous 12

calendar months, taking into account the expected development costs in

period to the following fixing of their amounts.



(2) if the service provider does not have the information referred to in paragraph 1 available to the

fixing the amount of costs valid and effective tariff of reimbursement of the costs

of the CSD.



(3) a person who keeps separate registers of investment instruments, the

to determine the amount of the costs to use a valid and effective tariff of reimbursement of the costs

of the CSD.



(4) the amount of costs determined in accordance with this Decree, the provider shall publish the

manner allowing remote access for at least 15 calendar days before

efficiency thus provided for the amount of costs and leaves it after publication by the

the entire period of its effectiveness.



§ 3



The method of cost recovery



(1) an invoice for the payment of costs by the applicant delivers to the provider

the twenty-fifth day of the calendar month immediately following

After the calendar month in which the supply of the data according to § 115

paragraph. 1 of the law on capital market. The invoice for the calendar

the month of November at the latest, the applicant delivers to the provider on 10 June 2002.

December in the same calendar year.



(2) the invoice due date is 30 calendar days from the date of its delivery

to the applicant.



(3) the provider may also enter into a contract with an applicant to pay

material costs incurred over a period of flat-rate amount, and

negotiate with him in this agreement the cost recovery method by way of derogation from the

the provisions of this Ordinance. Flat-rate amount thus determined shall not

be manifestly disproportionate to the amount that would be the applicant providers

apparently paid the costs within the agreed time period.



§ 4



Transitional provisions



(1) until you cannot determine the amount of costs pursuant to § 2 (2). 2 and 3 use

a valid and effective tariff of reimbursement of the costs of the CSD, it's

the provider of the most valid and effective tariff payments of the costs of the Centre

securities.



(2) the central depository for the purpose of fixing the amount of costs for the first 12

calendar months in its activities shall apply the last valid and

an effective tariff of reimbursement of the costs of the Centre of securities.



§ 5



The effectiveness of the



This Decree shall enter into force on 1 January 2000. July 2010.



Minister:



Ing. J v r.