The Decree On Foreign Exchange Activities

Original Language Title: vyhláška o směnárenské činnosti

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80615&nr=315~2F2013~20Sb.&ft=txt

315/Sb.



DECREE



of 12 October. September 2013



about foreign exchange activities



The Czech National Bank, establishes, pursuant to section 26 of Act No. 277/Coll.

currency exchange activities, to implement section 6 (1). 6, § 8 para. 2, § 10 para.

5 and § 15 para. 2 of this Act:



§ 1



The subject of the edit



(1) this Decree shall lay down the



and) requirements for an application to grant permission to the activity of směnárníka and its

of the annex,



(b) notification of change) the details of the data referred to in the application for authorisation to

the activity of směnárníka and its annex,



(c) notification of the location) the details of the establishment and notification of change

location of the plant and



(d)) form and method of applications and notifications provided for in subparagraphs a) to (c)).



(2) the Decree also provides for a range of, the form, time and method of providing

information about the volume of currency exchange shops carried out in individual

currencies.



§ 2



Definition of terms



For the purposes of this Ordinance, means the



and a document issued by a foreign State) about the integrity of the document is similar to the statement of

^ 1 criminal records) not older than 3 months issued by a foreign State,



1. the natural person is a citizen, as well as the foreign State in which the

natural person in the last 3 years continuously resided for a period longer

than 6 months,



2. in which it has or had in the past 3 years the seat of the legal person,

as well as the foreign State in which the legal person has or in the last 3

years organizational unit of the undertaking, if the laws of that State

regulates the criminal liability of legal persons,



b) proof of the business for the full listing, or other document of the

the register of entrepreneurs or other evidence, according to another legal

Act, or similar records abroad, containing the information

valid at the time of submission of the application, including information on the submitted proposal on

write to the relevant evidence, which was not on the date of submission of the application

is executed, the



(c)) to assess the credibility of the declaration document persons, which contains

personal information for the purposes of the measures extract from the criminal register and

information on professional and business integrity of the person in the last 10 years, and

that applies in particular to



1. the final decision on a sanction for an administrative offence, or

the comparable foreign final decision relating to the

employment, function or business activity of the person,



2. a final decision on the bankruptcy or insolvency of the proposal rejection

for lack of assets,



3. the decision of the suspension or withdrawal of authorisation to trade or

other activities, unless the withdrawal at the request of the person who is

the holder of such authorisation,



4. refusal of the consent of the Court or administrative authority with the choice, the appointment of

or provisions to a function or with the acquisition of a qualifying holding or to

mastery of the person, if such consent is required, and



5. the decision to exclude from the Professional Association, Chamber or association,



(d)) identification data



1. the name, or name, surname, date of birth, home address,

Alternatively, the registered office, if different from the address of residence, ID number

people, if you have been allocated, in the case of a natural person, and



2. the trade name or name, address and identification number of the person, and

It was not assigned, date of occurrence, in the case of a legal person,



e) partnership agreement partnership agreement, articles of Association, the articles of

a deed or other document of a similar nature, depending on the legal form

of the legal entity.



§ 3



The request of the natural person granting permission to the activities of the směnárníka



(1) the Particulars of the application for granting natural persons authorized to practice

směnárníka are



and) identification of the applicant,



(b)) the identification of the beneficial owner to the applicant, where the actual

the owner is different from the applicant, including putting the facts on the

the basis of this person is the real owner, and



(c)) the identification of the person who is the head of the person of the applicant, if

the head of a person different from the applicant or the beneficial owner.



(2) the annexes to the application are



and to assess the trust) proof of the applicant and the person who is the head of

the person of the applicant, if the head of a person different from the applicant,



(b)) evidence of educational achievements, the head of the person of the applicant that is actually

controls the operation of the currency exchange activities,



(c) a document issued by a foreign State) about the integrity of the applicant and each head

the person of the applicant, and



(d) the applicant's declaration eligibility) legal capacity.



(3) in the event that the applicant is not the owner, are the annexes to

application for the grant of authorizations for the activities of the směnárníka on



and to assess the trust document) person beneficial owner to the applicant

and



(b) a document issued by a foreign State) about the integrity of the beneficial owner

of the applicant.



§ 4



The application of a legal entity to grant permission to the activities of the směnárníka



(1) the Particulars of the request for grant of a legal entity authorized to practice

směnárníka are



and) identification of the applicant,



(b)) the identification of the beneficial owner of the applicant including

the facts on the basis of which the person is the beneficial owner, and



(c) the head of a person) the identification of the applicant.



(2) the annexes to the application are



and) proof of the applicant's business,



(b) a document issued by a foreign State) of good character the applicant, each

the head of the person and the beneficial owner,



(c) to assess the trust document) of the person of the applicant, each leading

persons and beneficial owner and



(d)) evidence of educational achievements, the head of the person of the applicant that is actually

controls the operation of the currency exchange activities.



(3) If a request for the grant of authorizations for the activities of the směnárníka

the founder of the legal person, who has not yet emerged, is an annex to

requests the partnership agreement of the legal person. For the other

the elements of the request and of the annex thereto, paragraph 1 and paragraph 2 (a). (b))

to (d)) shall apply mutatis mutandis. Rely on these provisions to the applicant, the

shall mean the legal person whose founder made the request.



§ 5



Notification of change of particulars referred to in the application for the grant of authorisation to

směnárníka activities



(1) the necessities of the notification of change of particulars referred to in the application for the grant of

authorization směnárníka or in its annexes are



and) identification of směnárníka,



(b)) change the data to which it occurs, and



(c)) identification of persons, where there is a change, including

whether it is the head of the person of the applicant, the head of the person of the applicant that

effectively direct the business směnárníka, or beneficial owner to the applicant.



(2) the annexes to the notification by nature of the fact for a person to be notified

already affected are



and a document issued by a foreign State) of good character,



(b)) a document to prove the credibility of the person



(c)), proof of education, or



(d)), the Declaration of competence to perform legal acts.



§ 6



Notice of the location of the plant



(1) notice of the location of the plant Arrangements are



and) identification of the operator,



(b) the address of the establishment, where applicable) other unique identification of places to

indicate the location of an establishment where the Exchange activity,

and



(c)) date on which will be launched in the establishment, or time

the range, if it is already in the notice of the location of the plant known to date

commencement and termination of the activities of the performance of foreign exchange activities in this

establishment.



(2) the necessities of the notification of change of particulars referred to in the notice of the location of the

establishments are



and) the identification of the operator and



(b)) end date, or change the start date of the activity.



§ 7



Form and manner of filing of applications and notifications



(1) an application for authorization to the activities of the směnárníka including the required attachments,

notice of the location of the plant, and notification of change of particulars referred to in

notice of the location of the plant shall be filed in electronic form

through Internet applications for the registration of the Czech National Bank

subjects.



(2) the annexes to the application are to Portable Document Format format (extension

PDF) or, if it is not possible to use a format Portable Document Format

(pdf extension), another format commonly used in electronic trade, which

will not modify the content.



(3) notification of changes to the data referred to in the application for authorization

směnárníka shall be submitted in electronic form.



§ 8



Information about your currency exchange shops



(1) an operator who has bought in the past calendar year, or

foreign currency sold in volume of at least 20 000 000 $ to the end of each

calendar quarter shall draw up the statement of DEV (CNB) 26-04 "purchase and

sale of foreign currency by filling in the electronic form ", indicating a

all of your establishment summary data on the volume of currency exchange shops

carried out in the various currencies for the reported calendar quarter.



(2) the statement referred to in paragraph 1, the operator shall submit to the Czech National Bank

always within 15 calendar days after the end of the calendar quarter

through Internet applications the Czech National Bank for the collection

information obligations.



(3) if the operator discovers that the information in the previously submitted statement

is not correct, be made without undue delay by

Internet applications data for this statement.



(4) the operator shall inform the Czech National Bank name and surname, phone


number, and e-mail address of the contact person for the submission

the statement referred to in paragraph 1.



(5) the operator in the past calendar year fell short of the volume

purchase or sale of foreign currency in the amount referred to in paragraph 1, shall submit to the United

the National Bank once a year for all the summary information on establishments

the total volume of currency exchange shops for the reported calendar year

According to the State as of 31. December, and by submitting in electronic or documentary

as to the 20. February of the following calendar year.



(6) reporting in the manner specified under this Ordinance,

does not apply to the operator, which regularly draws up and submits to the

The Czech national bank statements containing information about Exchange stores

under other legislation.



§ 9



Common provisions



(1) if the nature of the case precludes submission of annex to the application, or

the notice required by this Decree, and if it is not from the application or

Notice the obvious enough, the applicant or the notifier shall justify

failure to submit attachments on a separate annex to the application or notification, and

these reasons shall be documented appropriately.



(2) if the foreign State does not issue the extract from the register of criminal penalties or equivalent

the document or if there are legal or other obstacles to the presentation of the statement

from the record of the sentencing guidelines, shall submit to the



natural person) an affidavit of good character made before a notary public

or an institution of the State of which a citizen is a natural person, or of the State in

in the last 3 years continuously resided for more than

6 months,



(b) a legal person) an affidavit of good character made before

the notary or the authority of the State in which the legal entity is situated, or

the State in which he or she had in the past 3 years, the organizational folder

of the business.



(3) a document referred to in paragraph 2 shall not be older than 3 months.



§ 10



The effectiveness of the



This Decree shall enter into force on 1 January 2000. November 2013.



Governor:



in z. Prof. PhDr. Ing. Tomšík, Ph.d., v. r. Vice-Governor



1) Act No. 266/1994 Coll., on criminal records, as amended

regulations.