Change The Laws Related To The Business Of Capital Market

Original Language Title: změna zákonů souvisejících se z. o podnikání na kapitálovém trhu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57889&nr=257~2F2004~20Sb.&ft=txt

257/2004 Coll.



LAW



of 14 June. April 2004,



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

business on the capital market, the Act on collective investments and

the Act on the bonds



Change: 669/2004 Sb.



Change: 413/2005 Sb.



Change: 264/2006 Sb.



Change: 296/2007 Sb.



Change: 254/2008 Sb.



Change: 285/2009 Sb.



Change: 278/2009 Sb.



Change: 89/2012 Coll. 91/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



cancelled



Article. (I)



cancelled



Article II



cancelled



PART THE SECOND



cancelled



Article. (III)



cancelled



PART THE THIRD



Amendment of the Act on the Securities and Exchange Commission, and amending and supplementing other

the laws of the



Article IV



Law No. 15/1998 Coll., on the Securities and Exchange Commission, and amending and supplementing

other laws, as amended by Act No. 30/2000 Coll., Act No. 367/2000 Coll.,

Act No. 370/2000 Coll., Act No. 308/2002 Coll. and Act No. 309/2002

Coll., is hereby amended as follows:



1. In section 2 (2). 2 the word "instruments" is replaced by "instruments".



2. In section 3, paragraph 3. 2 (a). and), the word "instruments" is replaced by

"Tools".



3. In section 5 (3). 1 (a). and), the word "instruments" is replaced by

"instruments".



4. In section 5 (3). 2 the word "instruments" is replaced by "instruments",

the word "public" shall be replaced by the word "regulated" and the words "the Centre

Securities (hereinafter referred to as "the Centre"), a legal person, which leads part of the

the registration centre in accordance with a special law, ^ 5) the Czech National Bank in

the range of keeping bonds under the special law. ^ 6) "

replaced by the words "Central Depositary, ^ 5) the Czech National Bank in the range of

keeping the register of securities. ".



Footnote 5):



"5) Act No. 256/2004 Coll., on business on the capital market."



5. In section 5 (3). 3 the word "owner" shall be replaced by the word "owner" and the word

"instrument" shall be replaced by the word "Tools".



6. In section 6 paragraph 5 is added:



"(5) in a proceeding that touches people in a number of more than 50, you can

serve documents by public decree. ".



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



"(6) the decision against which the appeal does not have suspensory

the effect, and the decision against which the appeal is not admissible,

is delivered the moment fly on the notice board of the Commission. ".



8. In Section 7a, paragraph. 1, in the introductory part of the text after the word "code"

the words "and the law on capital market business".



9. In Section 7a, paragraph. 1 (a). (b)), the word "registered" shall be replaced by

"quoted".



10. In Section 7a, paragraph. 2, after the words "the law", the words "by the law of

business on the capital market. "



11. In Section 7a, paragraph. 3 the last sentence shall be replaced by the sentence



"An enforceable decision on the suspension of the exercise of voting rights shall send

The Commission also, in which voting rights required

the person is suspended, the Central Depositary and shall publish them in the manner

enabling remote access. ".



12. section 8:



"section 8



(1) the Commission is empowered to



and require information or documents) from the person referred to in this or

the special law is subject to its supervision,



(b) require information or documents) from each, if it is necessary to

investigation of the facts indicating violations of the obligations relating to the

the protection of internal information or market manipulation under the Special

the law,



(c)) to perform a State control under the Special Act for the person in accordance with

This is subject to a special law or its supervision, including the State

checks on the spot.



(2) the Commission may exercise the powers referred to in paragraph 1 whether or not, if it is necessary to

to identify the information requested by foreign supervisory authority over the

the financial market and the information to be in compliance with section 26;

the power referred to in paragraph 1 (b). (b)) may be applied, if they are listed there

conditions adequately met by the foreign financial supervision authority

the market.



(3) a person subject to supervision by the Commission under this Act, or the Special

is required in connection with the exercise of State control to provide the Commission

the necessary assistance, in particular to the request without delay to allow the entry into the

their space. Of the person from which the Commission is entitled to require information

or the supporting documents referred to in paragraph 1, is required to provide the following information

or documents without undue delay, unless the Commission a longer period.



(4) the violation of the obligations referred to in paragraph 3, the natural person who committed the

of the offence and the legal person of another administrative tort; to their

consideration of the Commission. For the offence or an administrative offence

the Commission may, in accordance with the first sentence of their perpetrators to impose measures to remedy the

or penalty under this Act (section 9); fine, you can save up to 5 000

USD.



(5) If there is a risk of late, the Commission may, in relation to persons

subject to the surveillance referred to in section 7 of the start state control by

When the notice of the initiation of the State control at the same time performs the first act

State control. In the service of the notice of the initiation of the control can be

proceed similarly, under section 10, paragraph 1. 2 and 3.



(6) persons, which is a reason to suspect that without appropriate authorisation

or the consent of the Commission shall carry out an activity which is subject to authorisation or

the agreement of the Commission, the Commission is entitled to check in the range that is

needed to determine the facts relating to such activities. ".



13. In section 9 (2). 3, the last sentence shall be deleted.



14. In article 9, paragraphs 5 and 6 shall be deleted.



The present paragraph 7 shall become paragraph 5.



15. In section 10, paragraph 6 is added:



"(6) the person entitled to registration of investment tools is bound

by decision of the Commission concerning her evidence-led, as soon as she was

delivered, unless otherwise specified in the decision. The organizer of the regulated

the market is bound by the decision of the Commission on the suspension of trading in securities

the papers and the Commission decision on interim measures concerning securities

securities, as soon as it was delivered, unless otherwise specified in the decision. ".



16. In article 12, paragraphs 1 and 2 shall be deleted.



Paragraphs 3 to 5 shall be renumbered as paragraphs 1 to 3.



17. In section 12, paragraph. 1 the word "instruments" is replaced by "instruments" and

the word "instruments" is replaced by the word "instruments".



18. In section 13 (3). 1 the letter g) is added:



"g) forced administrators and liquidators, ^ 5)".



19. In section 13 (3). 1 letter):



"the investment intermediaries to)".



20. In section 13 (3). 1 the letter l) is added:



"l) investment companies established in a Member State of the European Union,

They provide their services on the territory of the Czech Republic, giving information on

any organizational folder that is located on the territory of the Czech Republic, ".



21. In section 13 is at the end of paragraph 1, the period is replaced by a comma and the following

letters m) to t), including footnotes, No ^ 10 c) are added:



"m) international standard funds that publicly offer their valuable

the papers on the territory of the Czech Republic, with an indication of the information about the Bank, which

they have concluded a contract under a special legal regulation, the Governing

collective investment, ^ 10 c)



n) foreign special funds that can publicly offer its

securities on the territory of the Czech Republic, with an indication of the information about the Bank,

which have concluded a contract similar to the Treaty referred to in point (a) m)



about) settlement systems and the participants of settlement systems,



p) participants in securities settlement systems, conducted in the Commission of the European

community, who have a residence or place of business in the Czech Republic,



q), central depository participants



r) credit rating agencies,



with) the persons authorised to keeping separate registers of investment instruments,



t) officially recognised foreign public markets. "



10 c) Law No. 189/2004 Coll., on collective investment. ".



22. In section 13 paragraph 2 is added:



"(2) the Commission will publish



and the list of foreign regulated markets), published in the official

Journal of the European Union,



(b)) the list of securities settlement systems, conducted in the Commission of the European

community. ".



23. In section 13, the following paragraph 3 is added:



"(3) the Commission shall publish the lists referred to in paragraphs 1 and 2 of the way

enabling remote access. ".



24. In section 14, paragraph. 3 (b). and), the word "registered" shall be replaced by

"listed companies".



25. In section 14, paragraph. 3 (b). (b)), the word "registered" shall be replaced by

"listed companies".



26. section 15 is repealed.



27. In section 17(2). 1 and 2, the word "instruments" is replaced by

"instruments".



28. In section 18, paragraph. 2 and 3, the word "instruments" is replaced by

"instruments".



29. In § 21. 2 (a). (h)), the words "registered a valuable

paper, ^ 24b) "shall be replaced by the words" a valuable paper, ^ 5) ", the words" on the prohibition

shops with a certain registered a valuable paper and the performance of the obligations of the

trade with a particular registered a valuable paper "including notes below

line no. 24 c) shall be deleted and the word "regulation" shall be inserted after the words "

It's not about the withdrawal of the authorisation on the request ".



30. In § 21. 2 (a). I), the word "public" shall be replaced by

"regulated".



31. In section 23, paragraph. 5, the word "instrument" shall be replaced by the word "Tools".



32. In section 26, paragraph. 1 the second sentence, the words "of the action against the decision of the

made in connection with the performance of the functions in the area of supervision of

the capital market ' shall be replaced by the words "held in connection with the decision of the

or the exercise of supervision over the capital market ".



33. In section 26, paragraph. 2 in the introductory part of the text, the words "the Commission shall provide
information only "are replaced by the words" breach of professional secrecy in accordance with paragraph

1 provision of information ".



34. In section 26, paragraph. 2 (a). (c)), paragraph 4, the word "public" is replaced by

the word "regulated".



35. In section 26, paragraph. 2 at the end of subparagraph (f)), the words "; information

You can also provide an international organization operating in the field of fight

against crime or the legalization of proceeds of crime ".



36. Section 26 is at the end of paragraph 2, the period is replaced by a comma and the following

the letter g) is added:



"(g)) of the Court in connection with the bankruptcy proceedings or similar foreign

proceedings, held in the event of the bankruptcy of the person subject to the supervision of the Commission;

information about the person who tried to save the bankrupt, however, provided to be

cannot. ".



37. In section 26, paragraph. 3, the words "appropriate" shall be replaced by the words

"comparable with the range".



38. In section 26, paragraph. 5, the words "the authority of the Member State of the European Union or

the other State forming the European economic area ' shall be replaced by the words

"the Foreign Office, which acts in the exercise of supervision over the financial

market ".



39. In section 26 paragraph 7 is added:



"(7) Body or authority referred to in paragraph 2 (a). (b)), (c)), points (1)

and 2, (a) in paragraph 2. (d)) and (b) before a sentence with a semicolon. f) sentence before

a semicolon, in a State which is not a Member State of the European Union or

The European economic area, can be used to provide information for the purposes of

performance of its tasks in the area of financial market on the basis of the agreement, if the

It is the obligation to maintain secrecy regime, at least

comparable with arrangements under this Act. ".



40. In section 26, paragraph. 7, the words "2, and in paragraph 2 (a). d) sentence before

a semicolon, "is replaced by" 2, in paragraph 2 (a). d) sentence before

a semicolon and (b). (f)), "before the sentence with a semicolon.



41. Part of the fourth, fifth and eighth, including deleted titles.



Article. In



Transitional provisions



Until the day when the Central Depositary registration of book-entry securities

papers-led Centre of securities pursuant to the Act No 591/1992 Coll.,

the Securities Act, as amended by law No. 89/1993 Coll., Act No. 331/1993

Coll., Act No. 259/1994 Coll., Act No. 61/1996 Coll., the Act No. 152/1996

Coll., Act No. 15/1998 Coll., Act No. 70/2000 Coll., Act No. 307/2000

Coll., Act No. 367/2000 Coll., Act No. 239/2001 Coll., Act No. 259/2001

Coll., Act No. 501/2001 Coll., Act No. 308/2002 Coll., the finding of the constitutional

the Court declared under no. 476/2002 Coll. and Act No. 88/2003 Coll., leads

The Commission a list of the persons authorized to conduct part of the records of the Centre

securities, as well as the performance of other of its activities under this

the law.



PART THE FOURTH



Amendment of the Act on banks



Article VI



Act No. 21/1992 Coll., on banks, as amended by Act No 264/1992 Coll.,

Act No. 292/1993 Coll., Act No. 156/1994 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. 127/1998 Coll., Act No. 165/1998 Coll.

Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 319/2001 Sb.

and Act No. 126/2002 is amended as follows:



1. In article 1 (1). 3 letter h) including footnote 1a) is inserted:



"(h)) to provide investment services under specific legal

code ^ 1a) with the fact that the licence, that the main and supplementary

investment services, the Bank is authorized to provide, and in relation to which the

investment instruments under special legislation, "^ 1a)



1A) Act No. 256/2004 Coll., on business on the capital market. "



2. In article 1 (1). 3 the letter i) is repealed.



Subparagraph (j)) to (p)) are referred to as letters) to about).



3. In section 1 (1). 3 (b). about) the letter "o" is replaced with ") n)".



4. In section 2, paragraph 4 shall be deleted.



5. § 4 paragraph 2 is added:



"(2) for the granting of licences shall be decided by the Czech National Bank. Before the release of the

the decision on the licence application shall request the opinion of the Czech National Bank

The Ministry of finance. If the person to whom the licence is to be granted,

a person controlled by the dealer with the securities or insurance

based in the Czech Republic, or by another person, which controls the merchant with the

securities or insurance company based in the Czech Republic, asks

The Czech National Bank for an opinion on whether or not the competent authority of the State. ".



6. In section 4, paragraph 2, the following paragraphs 3 and 4 are added:



"(3) before issuing a decision on the licence application asks the Czech national

Bank about the opinion of the supervisory authority of the Member State of the European Union,

supervising banks, traders in securities or

insurance companies, if the person to whom the licence is to be granted, the controlled



and) foreign bank established in a Member State of the European Union,



(b)) a person who has permission of the competent supervisory authority of the Member State

The European Union, to the provision of investment services,



(c)) an insurance undertaking authorised by the competent supervisory authority Member

State of the European Union,



(d)) a person that controls the person referred to in subparagraphs (a) and (b))), or (c)).



(4) the Czech National Bank will ask for the opinion referred to in paragraphs 2 and 3

include in particular information relevant for the assessment of whether the fulfilment of

the conditions referred to in paragraph 5 (a). (c)), and (d)). ".



Paragraphs 3 to 5 shall be renumbered as paragraphs 5 to 7.



7. In section 5 h of paragraph 1. 1, the words "the provisions of its laws that

on its activities will be subject to "be replaced by" the provisions of the

the legislation of the host Member State, the conditions governing the exercise of the

their activity on the territory of the host Member State on the basis of permission

granted by the supervisory authority of the home state of her ".



8. section 11a is hereby repealed.



9. In section 16. 1 at the end of subparagraph (a)), the words "or the Treaty on

the hiring of the firm or of its parts ".



10. In section 16. 1 at the end of subparagraph (c)), the words "or the transfer of

the assets of the Bank as a partner. "



11. In section 16a is added at the end of paragraph 2, the phrase "prior to the

by decision of the Czech National Bank will ask for the opinion of the Commission for the valuable

the papers, if the Bank or financial institution that is a dealer

securities. ".



12. In section 17(2). 1 the word "legal" is deleted.



13. In section 17(2). 2 the word "legal" and the word "legal" shall be deleted.



14. In section 17(2). 3, the word "legal" and the word "law" be deleted and the

the word "person" shall be added the words "or of the undertaking".



15. In section 17(2). 5, the words "legal person" shall be deleted.



16. In section 17a, paragraph. 2 the word "legal" is deleted.



17. In paragraph 3 of section 17a is inserted:



"(3) the financial institution means a person other than a bank referred to in this

the law, which, as the pivotal or essential activity shall take or

holding the shares of the legal persons or carries out any of the activities

referred to in section 1 (1). 1 and 3 of this Act, and on investment

the company, investment fund, pension fund, insurance and reinsurance undertaking,

carrying out the activities in accordance with special laws, all including

foreign persons with similar concern. ".



18. In paragraph § 17a. 4, the words "the legal person" is replaced by

"the holding of another person".



19. In section 19 (a). (c)), the word "legal" is deleted.



20. In section 19 (a). (f)), the word "legal" is deleted.



21. In section 19 (a). (h)), the word "legal" is deleted.



22. In paragraph 20a. 3 in the first sentence, the words "register of the issuer

book-entry shares "shall be replaced by the words" the issue of shares of the Bank, "in a sentence

the last words "the issuer's register or" is replaced by "emission of shares

Bank or in their written comments to the statement from the issues of shares of the Bank ", for

the word "rights" are inserted after the words "that leads to the administrative control of the

the suspension of the shareholder's rights, "and the word" extract "shall be inserted after the words"

, together with its expression ".



23. In section 20a, paragraph 4 shall be added:



"(4) the Bank shall not allow the participation in the general meeting of the person designated

The Czech National Bank in its observations to the statement from the issues of shares of the Bank

referred to in paragraph 3, as well as the participation of the persons, other than those mentioned in the statement of the issue

shares of the Bank or of persons empowered by these persons. If the Czech national

the Bank, in its observations to the statement from the issues of shares of the Bank shall identify the person at

that the newly found the reasons for the suspension of the shareholder's rights,

initiated administrative proceedings referred to in paragraph 1, if designated by the shareholder

There was no administrative proceedings in the same matter already started, with the designation

This person has the effects of preliminary measures. ^ 11) ".



24. In section 20a, paragraph. 5, the words "the issuer's register" shall be replaced by the words "emissions

shares of the Bank ".



25. In section 20a, paragraph 8 is added:



"(8) the central depository ^ 1a) is obliged to provide, on request, at any time

The Czech National Bank statement from the issues of shares of the Bank with an indication of any

the owners of the shares of the Bank, and even if it leads to the central depository of these

shares on account customers. ".



26. In section 23 paragraph 1 reads:



"(1) the Bank shall be obliged to publish within 4 months from the end of the accounting period

an annual report drawn up by a special legal regulation ^ 6) and

consolidated annual report under special legislation, ^ 6)

has an obligation to make it, which is part of the financial statements

Certified Auditor. Also within this period shall submit an annual report and

consolidated annual report of the Czech National Bank. If the general meeting

Bank accounts or consolidated accounts in this period

the Bank does not approve, without undue delay, publish and send to the Czech national
the reasons for the disapproval of bank accounts or the consolidated

statements and the way to deal with the comments of the general meeting to it. ".



27. In section 25a, paragraph. 2, the words "of the lawsuit against a decision taken in

connection with the performance of banking supervision "shall be replaced by the words", held in

the context of the decision or the performance of banking supervision, ".



28. In section 25a, paragraph 5, the following paragraph 6 is added:



"(6) the information obtained in connection with the performance of banking supervision may

also be provided to international organizations, active in the fight

against crime, and also to the authorities of foreign States in criminal

the procedure for the performance of their functions. "



Paragraphs 6 to 8 shall be renumbered as paragraph 7 to 9.



29. In section 25a paragraph 7 is added:



"(7) the provision of the information referred to in paragraphs 3, 4 and 6 is only possible for

provided that the competent authority or the person protects the information in at least

the range of what is required by the law of the European communities. '.



30. In section 26, paragraph. 3 (b). and the words ") section 4 (4). 3 "shall be replaced by the words" § 4

paragraph. 5. "



31. In section 26 g, the following paragraph 3 is added:



"(3) the controlling Bank and financial holding company shall be required to

to ensure audit information to be transmitted for the purposes of banking supervision

on a consolidated basis, and to the extent laid down by Decree of the Czech

the National Bank ".



Article. (VII)



Transitional provisions



A person who, as a result of the effectiveness of this law becomes a financial

the holding company, though her current legislation

not, and persons belonging to the group the financial holding

the company shall bring their activities into line with the provisions of this law

or decree of the Czech National Bank, governing the activities of the financial

the holding company and the group, no later than 31 December 2006. December

2006.



PART THE FIFTH



cancelled



Article. (VIII)



cancelled



PART SIX



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

Some laws related to the introduction of the



Article. (IX)



Act No. 42/1994 Coll. on supplementary pension insurance with State contribution and

about changes to certain laws related to its introduction, in the text of the

Act No. 61/1996 Coll., Act No. 15/1998 Coll., Act No. 167/1999 Coll.,

Act No. 353/2001 Coll., Act No. 309/2002 Coll. and Act No. 36/2004 Coll.

is amended as follows:



1. In section 7 (2). 3 (b). (c)), the words "the Centre of securities" shall be replaced by

the words "central depository".



Footnote. ^ 4):



"4) Act No. 256/2004 Coll., on business on the capital market."



2. In article 7 (2). 3 (b). (d)), the words "of the Securities Act ^ 5)"

replaced by the words "special legal regulation, adjusting business

on the capital market ^ 4). "



PART SEVEN



cancelled



Article. X



cancelled



PART EIGHT



To change the foreign exchange law



Article. XI



In section 5 (3). 4 of Act No. 219/1995 Coll., the Foreign Exchange Act, as amended by law

No 159/2000 Coll. and Act No. 482/2001 Coll., the words "the Centre of securities

and legal persons authorized to conduct part of the records of the Centre

securities, if they fail to comply with this obligation of notification Center

securities "shall be replaced by the words" central depository and other persons

entitled to the keeping of registers of investment instruments, if for them this

the obligation to fulfil the central depository "and the word" owner "shall be replaced by

the word "owner".



PART NINE



Amendment of the Act on accounting



Article. XII



In § 27, paragraph. 3 of Act No. 563/1991 Coll., on accounting, as amended by Act No.

353/2001 Sb. and Act No. 437/2003 Coll., the words "public

(organized) "shall be replaced by the word" regulated "and the word" public "

replaced by the word "regulated".



PART TEN



The amendment to the law on trades



Article. XIII



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by law no 231/1992 Coll., Act No. 591/1992 Coll., Act No.

600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.

38/1994 Coll., Act No. 42/1994 Coll., the Act No. 136/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.

94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.

19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No.

15/1998 Coll., Act No. 83/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No.

358/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll., Act No.

247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No.

309/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.

120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.

274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No.

501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.

174/2002 Coll., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.

320/2002 Coll., the finding of the Constitutional Court declared under no. 476/2002 Sb.

Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.

Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.

Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 119/2004 Sb.

Act No. 167/2004 Coll., is hereby amended as follows:



1. In section 3, paragraph 3. 3 (b). and), the word "instruments" is replaced by

"Tools".



Footnote No. 13a) ^ ^ and 13b) are added:



"13a) § 82 et seq.. Act No. 256/2004 Coll., on business in the capital

the market.



13B) Act No. 256/2004 Coll. ".



2. in annex 3, in the Group 314: "the other" a scope trades

"Evaluation of the quality of the investment instrument and a participant of the capital

market (rating) "is deleted.



PART ELEVEN



cancelled



Article. XIV



cancelled



PART OF THE TWELFTH



cancelled



Article. XV



cancelled



PART THIRTEEN



Amendment of the Act on income taxes



Article. XVI



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

Coll., the 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. 259/1994 Coll., Act No. 32/1995

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

Coll., Act No. 248/1995 Coll., Act No. 316/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 210/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 149/1998

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. 170/1999

Coll., Act No. 222/1999 Coll., the finding of 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. 103/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 241/2000 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. 453/2001 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.

308/2002 Coll., Act No. 575/2002 Coll., Act No. 162/2003 Coll., Act No.

438/2003 Coll. and Act No. 362/2003 Coll., is hereby amended as follows:



1. deleted



2. In section 10, paragraph 1. 6, after the word "prize", the words "or the" shares and

the word "prize", the words "of the share certificate of the original investment or

mutual fund ' shall be replaced by the words "shares the original investment fund

the original share certificate or mutual fund ".



3. In section 22, paragraph. 1 (a). (g)) of paragraph 4, the words "instruments by

special legal regulation ^ 71) "shall be replaced by the words" under the tools

special legal regulation, adjusting business capital

^ market 71) ".



Footnote No. 71):



"71) Act No. 256/2004 Coll., on business on the capital market."



4. In section 22, paragraph. 1 (a). g) point 7, the words "instruments limited

a special law ^ 71) "shall be replaced by the words" under the tools

special legal regulation, adjusting business capital

^ market 71) ".



PART OF THE FOURTEENTH



The amendment to the law on bailiffs and enforcement activities (procedure)

and amending other laws



Article. XVII



Act No 120/2001 Coll., on the activities of bailiffs and enforcement

(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.

is amended as follows:



1. In section 33, paragraph. 3, the words "the Centre of securities" shall be replaced by the words

"central depository and other persons entitled to registration

investment instruments ".



2. In article 44, paragraph. 3, the words "the Centre of securities" shall be replaced by the words

"the Central Depositary and other persons entitled to registration

investment instruments ".



PART FIFTEEN



Amendment of the Act on packaging and on the amendment of certain laws (law on packaging)



Article. XVIII



Act No. 477/2001 SB., on packaging and on the amendment of certain laws (the law on the
packages), as amended by Act No. 274/2003 Coll. and Act No. 94/2004 Coll.,

amended as follows:



1. In section 20 (2). 1, the word "public" shall be replaced by the word "regulated".



2. In section 20 (2). 5, the words "from the register of the issuer" shall be replaced by the word

"emissions".



3. In section 20 (2). 6, the words "from the register of the issuer" shall be replaced by the word

"emissions".



4. In section 32 (a). (d)), the words "from the register of the issuer" shall be replaced by the word

"emissions".



PART SIXTEEN



cancelled



Article. XIX



cancelled



PART SEVENTEEN:



Amendment of the Act on the valuation of the assets and on the amendment of certain laws (the law on the

the valuation of assets)



Article. XX



Act No. 151/1997 Coll., on the valuation of the assets and on the amendment of certain laws

(law on the valuation of assets), as amended by Act No. 121/2000 Coll., amended

as follows:



1. In the title of section 19 reads: "the valuation of listed securities

traded on a regulated market. "



2. In section 19, paragraph. 1, in the introductory part of the text the words "publicly traded

securities ^ 19) "shall be replaced by" Listed securities ^ 19) ".



Footnote 19):



"19) Act No. 256/2004 Coll., on business on the capital market."



3. In section 19, paragraph. 1 (a). and), the word "public" shall be replaced by

"regulated" and the word "rate ^ 20)" shall be replaced by the word "rate".



4. In section 19, paragraph. 1 (a). (b)), the word "public" shall be replaced by

"regulated".



5. In section 19, paragraph. 2, the word "public" shall be replaced by the word "regulated".



6. In section 20 the title reads: "the valuation of listed securities

not dealt in on a regulated market and the non-listed securities ".



7. In section 20 (2). 1, the first sentence shall be replaced by the phrase "Listed securities

not dealt in on a regulated market and unlisted securities are valued

as follows: ".



PART EIGHTEEN



Amendment of the Act on municipalities (municipal establishment)



Article. XXI



In section 85 of the Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

Act No. 450/2001 Coll. and Act No. 312/2002 Coll., the letter l) is added:



"l) issue municipal bonds."



PART OF THE NINETEENTH



Amendment of the Act on regions (regional establishment)



Article. XXII



In § 36 odst. 1 Act No. 129/2000 Coll., on the regions (regional establishment), in

the text of Act No. 450/2001 Coll. and Act No. 231/2002 Coll., the letter k):



"to issue municipal bonds),".



PART TWENTY-



Amendment of the Act on the capital city of Prague



Article. XXIII



In section 59 paragraph. 3 of the Act No. 131/2000 Coll., on the capital city of Prague, in the text of the

Law No 145/2001 Coll., the letter a) is added:



"and on the issue of municipal bonds),".



PART OF THE TWENTY-FIRST



cancelled



Article. XXIV



cancelled



PART TWENTY-TWO



Amendment of the Act on savings and credit cooperatives



Article. XXV



In section 3, paragraph 3. 2 (a). (c)) of the Act No 87/1995 Coll., on credit unions

cooperatives and certain related measures and

the Czech National Council Act No. 586/1992 Coll., on income taxes, as amended by

amended, as amended by Act No 100/2000 Coll., the word

"bonds" shall be replaced by the word "bonds".



PART TWENTY-THREE



cancelled



Article. XXVI



cancelled



PART OF THE TWENTY-FOURTH



Amendment of the Act on public auctions



Article. XXVII



In section 60, paragraph. 2 of law No. 26/2000 Coll., on public auctions, the letter b)

added:



"(b)) the claim of the second class, which is a claim of significance

mortgage loan or part thereof, used to cover the nominal value

mortgage bonds, ".



PART OF THE TWENTY-FIFTH



To change the code of civil procedure



Article. XXVIII



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 283/1993 Coll., Act No. 117/1994

Coll., the Act No. 152/1994 Coll., the Act No. 216/1994, Coll., Act No. 84/1995

Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995

Coll., Act No. 247/1995 Coll., the finding of the Constitutional Court declared under no.

31/1996 Coll., Act No. 142/1996 Coll., the finding of the Constitutional Court declared

under no 269/1996 Coll., Act No. 202/1997 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the finding of the Constitutional Court declared under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

271/2001 Coll., the finding of the Constitutional Court declared under no. 276/2001 Coll.

Act No 317/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Sb.

Act No. 226/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

the finding of the Constitutional Court declared under no. 476/2002 Coll. and Act No.

88/2003 Coll., is hereby amended as follows:



1. In paragraph 1, including 334a footnote. ^ 91):



"(1) securities, sepíší, as soon as the Court learns that for the compulsory

such securities are recorded by the person entitled to registration

investment instruments. ^ 91) if necessary or doubt will require

a message from the person entitled to registration of investment instruments.



91) Act No. 256/2004 Coll., on business on the capital market. "



2. In section 334a paragraph. 2 the word "Centre" is replaced by "the person

entitled to the keeping of registers of investment instruments "and the word" Centre "

shall be replaced by the words "the person entitled to registration of the investment

the instruments ".



3. In section paragraph 334a. 3 the word "Centre" shall be replaced by the words "persons

entitled to the keeping of registers of investment instruments ".



4. In section 337c paragraph. 1 (b)):



"(b)) claims from mortgage loans or part of the claims

used to cover the nominal value of the mortgage bonds, ".



5. In section 337c at the end of paragraph 4, the following sentence "If to cover

the nominal value of mortgage bonds are used only part of the

the claims of the mortgage loan, the claims referred to in the sentence

the first relatively. ".



PART TWENTY-SIX



Amendment of the Act on criminal proceedings by a court (code of criminal procedure)



Article. XXIX



In section 79c paragraph. 1 of Act No. 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), as amended by Act No. 265/2001 Coll., the words "the Centre

securities, legal person authorized to the management of records and to

the performance of other activities of the Centre of securities "shall be replaced by

"person entitled to registration of investment instruments".



PART TWENTY-SEVEN



The amendment to the law on budgetary rules and amending certain

related acts (budgetary rules)



URČl.XXX



Law No. 218/2000 Coll. on budgetary rules and amending certain

related acts (budgetary rules), as amended by Act No. 493/2000

Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 450/2001

Coll., Act No. 320/2001 Coll., Act No. 202/2002 Coll. and Act No.

320/2002 Coll., is hereby amended as follows:



1. In section 1, letter g) is added:



"(g)) the way the management of the State Treasury and debt management".



2. In section 10, paragraph 1. 4, the word "Expenses" shall be replaced by the words "income and expenses".



3. under the first heading, title IX is added: "the MANAGEMENT of the STATE TREASURY, management

STATE DEBT AND STATE FINANCIAL ASSETS AND LIABILITIES ".



4. In the first part of the title of part 1 of title IX is added: "the management of the State Treasury and

debt management ".



5. In section 34 the heading reads: "the management of the Treasury".



6. In article 34, the following paragraph 5 is added:



"(5) the Ministry is authorised to determine the terms and scope of the payment

the mode of expenditure of the State budget and allow his exceptions. ".



7. In section 35 title: "debt management".



8. In section 35, paragraph. 1, the words "the liquidity management of the national debt" shall be replaced by

the words "debt management performance."



9. In section 35, paragraph 1, the following paragraph 2 is added:



"(2) the Ministry is further justified in the context of the performance management

debt to negotiate trades with other investment instruments, including

derivatives to limit interest-rate and currency, or other hazards. These stores

the Ministry is authorised to negotiate with domestic or foreign

bodies, and it separately or on a contractual basis with the use of the services

securities dealers, foreign securities dealers

or the Czech National Bank.



Paragraph 2 becomes paragraph 3.



PART OF THE TWENTY-EIGHTH



Amendment of the Act on the Czech National Bank



Article. XXXI



Law No 6/1993 Coll. on Česká národní banka, as amended by law No. 60/1993

Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., the finding of the constitutional

the Court declared under no 278/2001 Coll., Act No. 482/2001 Coll. and act

No 127/2002 is amended as follows:



1. In section 3, paragraph 3. 7 the word "instruments" is replaced by "instruments".



2. In paragraph 2 of section 31 is added:



"(2) the Czech National Bank is empowered to keep a register of securities

issued by the Czech Republic and payable within one year, the register

securities issued by the Czech National Bank (section 33) and registration

bonds with a maturity of up to one year and is authorised to carry out

the system deals with these investment instruments. ".



Footnote 3) is repealed.
3. For section 31 in the new section 31a shall be inserted, which including the footnote 3a)

and 3b):



"§ 31a



The Czech National Bank may, at the request of the Ministry of Finance according to the

special legal regulation governing the budget rules ^ 3a)

negotiate deals with investment instruments. ^ 3b) This is without prejudice to

the provisions of section 31, paragraph. 1.



3A) Law No 218/2000 Coll., on the budgetary rules and the change

some related acts (budgetary rules), as amended by

amended.



3B) Act No. 256/2004 Coll., on business on the capital market. "



4. In article 38, paragraph 1 reads:



"(1) the Czech National Bank is authorised to operate systems for the

interbank payment system. The participants of these systems may be next

banks and branches of foreign banks and the person performing the role of the Central

the counterparty, settlement agent or clearing institution in settlement

system under special legislation, governing the business

capital market, ^ 3b) or in the settlement system referred to in the list

The Commission of the European communities, and in their participation in the system of the Czech

the National Bank shall be responsible for the fulfilment of the financial commitments arising from the

their commands received by this system. Listed persons are kept in the

the Czech National Bank account system similar to the account of the interbank payment

contact under a special legal regulation, ^ 4) closes the Czech national

the Bank with the following persons contract for payment and account management

data forwarding inter-bank payment. ".



5. In section 41, paragraph. 2 (a). (b)), the words "are financial institutions ^ 8)"

replaced by the words "belong to the sector of financial institutions under the law

Of the European communities ^ 8). "



Footnote 8):



"8) Council Regulation (EC) No 2223/96 of 25 June 1996. June 1996 on the European

system of national and regional accounts in the community. ".



6. section 43 reads as follows:



"§ 43



The issuing of securities, the Czech National Bank, securities trading

Securities and other investment instruments, their registration and operation

the system deals with them, performed by the Czech National Bank,

are not subject to authorisation or the exercise of State supervision.



PART OF THE TWENTY-NINTH



cancelled



Article. XXXII



cancelled



PART THIRTY-



Amendment of the Act on the Czech Consolidation Agency and amending some laws

(the law of the Czech Consolidation Agency)



Article. XXXIII



In Act No. 239/2001 Coll., on the Czech Consolidation Agency and amending

to certain acts (the Act on the Czech Consolidation Agency), in section 13 of the

paragraph 3 is deleted.



Paragraphs 4 to 11 are renumbered as paragraphs 3 to 10.



PART OF THE THIRTY-FIRST



Amendment of the Act No. 152/1996 Coll., amending and supplementing the law on securities

the papers and the law on the stock exchange



Article. XXXIV



In the Act No. 152/1996 Coll., amending and supplementing Act of the Czech national

the Council no 591/1992 Coll. on securities, as amended,

and Act No. 214/1992 Coll., on the stock exchange, as amended

the provisions of article II shall be deleted.



PART OF THE THIRTY-SECOND



Change of law No 70/2000 Coll., amending the law on commodity

stock exchanges, securities law and the law on the stock exchange



Article. XXXV



Law No 70/2000 Coll., amending Act No. 229/1992 Coll., on the

commodity exchanges, as amended, law No. 591/1992

Coll. on securities, as amended, and Act No.

214/1992 Coll., on the stock exchange, as amended,

Article III shall be deleted.



PART OF THE THIRTY-THIRD



Amendment to Act No. 211/2002 Coll., amending the Act on the bonds, the law

the public procurement Act and the stock exchange



Article. XXXVI



In Act No. 211/2002 Coll., amending the law no 530/1990 Coll., on

bonds, in wording of later regulations, and Act No. 199/1994 Coll., on

public procurement, as amended, and Act No.

214/1992 Coll., on the stock exchange, as amended,

part of the first and third are deleted.



PART OF THE THIRTY-FOURTH



Amendment to Act No. 308/2002 Coll., amending the Act on the Securities Commission

papers



Article. XXXVII



Law No 308/2002 Coll., amending Act No. 15/1998 Coll., on Commission

for securities and amending and supplementing other acts, in the wording of the

amended, and some other laws, is part of the third, fourth,

the eighth and ninth, including headings and footnotes no 4ba) shall be deleted.



PART OF THE THIRTY-FIFTH



Change of law No 362/2000 Coll., amending the law on securities



Article. XXXVIII



Law No 362/2000 Coll., amending Act No 591/1992 Coll., on the

Securities Act, as amended, and some other laws,

the second part is deleted.



PART OF THE THIRTY-SIXTH



Amendment of the Act No. 84/1995 Coll., amending the law on bonds



Article. XXXIX



In Act No. 84/1995 Coll., amending and supplementing law no 530/1990

Coll. on bonds, as amended, law No 513/1991

Coll., the commercial code, as amended, Act No. 328/1991

Coll., on bankruptcy and settlement, as amended, law No.

99/1963 Coll., the code of civil procedure, in the wording of later regulations, and act

No 21/1992 Coll., on banks, as amended, article I of the

repealed.



PART OF THE THIRTY-SEVENTH



Amendment of the Act No. 165/1999 Coll., on the State bond program on

financing solutions to the consequences of the Kosovo crisis



Article. XL



In Act No. 165/1999 Coll., on the State bond program on

financing solutions to the consequences of the Kosovo crisis and amending law no 530/1990

Coll. on bonds, as amended, and Act No.

328/1998 Coll., on the issue of government bonds to cover the deficit of the State

the budget for the year 1997, the second part is deleted.



PART OF THE THIRTY-EIGHTH



Change of law No 362/1999 Coll., on the State bond program to pay

the deficit of the State budget for the year 1998



Article. XLI



Law No 362/1999 Coll., on the State bond program to pay

the deficit of the State budget for the year 1998 and amending law no 530/1990 Coll.

for bonds, in the wording of later regulations, and Act No. 22/1999 Coll., on the

the State budget of the Czech Republic for the year 1999, with a second part deleted.



PART OF THE THIRTY-NINTH



cancelled



Article. XLII.



cancelled



PART 40



The EFFECTIVENESS of the



Article. XLIII



This Act shall take effect on the date of the entry of the Treaty of accession of the Czech

Republic to the European Union.



Zaorálek in r.



Klaus r.



Spidla in r.