139/2011 Sb.
LAW
of 27 June. April 2011,
amending the law no 284/2009 Coll., on payments, as
Act No. 156/2010 Coll., and some other laws
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on payment systems
Article. (I)
Law no 284/2009 Coll. on payment systems, as amended by Act No 156/2010
Coll., is amended as follows:
1. in article 1, the words ' European Communities ' ^ 1 ') "shall be replaced by
"The European Union" ^ 1 ")".
Footnote 1:
"1) European Parliament and Council Directive 98/26/EC of 19 June 2000. may
1998 on settlement finality in payment systems and in systems
settlement of trades in securities, as amended by the directive of the European
Parliament and Council directive 2009/44/EC.
European Parliament and Council Directive 2007/64/EC of 13 April 2004. November
2007 on payment services in the internal market amending Directive
97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive
97/5/EC, as amended by European Parliament and Council directive 2009/111/EC.
European Parliament and Council directive 2009/44/EC of 6 May 1999. in May 2009,
amending Directive 98/26/EC on settlement finality in
payment and settlement systems, securities
and Directive 2002/47/EC on financial collateral arrangements as regards
linked systems and credit claims.
European Parliament and Council directive 2009/110/EC of 16 December 2002. September 2009
about the business of electronic money institutions, pursuit and
the prudential supervision of this activity, amending directives 2005/60/EC
and 2006/48/EC and repealing Directive 2000/46/EC ".
2. In section 1 and section 133 paragraph 2. 1, the words ' European Community ' shall be replaced by
the words "European Union".
3. In paragraph 1 (b). (d)), after the words "issuers of electronic money"
the words "(hereinafter referred to as" the Publisher ")" and the text at the end of subparagraph (d))
the words "(hereinafter referred to as ' the holder ')".
4. In article 2 (2). 1 at the end of subparagraph (a)), the words "unless the
not a payment service (section 3, paragraph 3), ".
5. In article 2 (2). 1 (b). e), the words "which is carried out by non-cash
transfer of funds from a payment account or on the account of payment "
replaced by the words "If the funds are received from a user
or made available to the user via bank ".
6. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)) direct debit transfer of funds from a payment account,
which gives the payment order on the basis of the consent of the recipient, that the payer
granted to the recipient, the recipient or the provider provider. ".
7. In article 2 (2). 2 (a). (c)) and in section 2 (2). 3 (b). (c)), the words
"electronic money" shall be deleted.
8. In article 2 (2). 2 letter d) is added:
"(d)) the host Member State, the Member State that is not a home
the Member State of the provider or Publisher, and in which the
provider or publisher of a branch sales representative or in which
temporarily otherwise provides services ".
9. in section 2 (2). 2 (a). h) item 1:
"1. in the case of a legal person, its statutory authority, a member of its
statutory authority, its Director, proxy or any other person who
Another way to effectively direct its activities, in the case of a payment institution
(section 7) and the payment service provider of a minor nature (section 36)
the person that actually controls their activities in the field of the provision of
payment services, and in the case of an electronic money institution (section 46), and
small e-money issuer (section 53), also a person who
effectively direct their activities in the area of issuing of electronic money
or the provision of payment services; If the statutory body or its
a member of a legal person, the head of the person, a natural person who
on behalf of the legal person, function of the statutory body or its Member
exercises, ".
10. In section 2 (2). 2 (a). (h)) at the end of the text of paragraph 2, the words "and in the
If the payment service provider of a minor nature (section 36)
the person that actually controls its activity in the field of the provision of
payment services ".
11. In paragraph 2 (2). 2 the letter j) is added:
"(j)) the commercial agent the person who, under a contract with the provider
This is when the contract on payment services or the provision of
on behalf of the provider of the payment service, or whoever, on the basis
the contract with the Publisher to distribute it or reverse exchange
electronic money in the name of the Publisher; a sales representative is not
employee or representative of the provider or Publisher. "
12. in section 3, paragraph 3. 1 c) and (d)):
"(c)) the transfer of funds from a payment account, on which the
gives the payment order
1. the payer,
2. the recipient, or
3. the payer via the payee, if the supplier does not provide
funds to be transferred to the user as a loan,
(d)) perform the transfer of funds from a payment account, on which the
gives the payment order
1. the payer,
2. the recipient, or
3. the payer through the recipient if the supplier provides
funds to be transferred to the user as a loan ".
13. in section 3, paragraph 3. 1 (b). e), the words ", except where the payment
transaction in accordance with subparagraph (g)) "shall be deleted.
14. in section 3, paragraph 3. 1 (b). (f)), after the words "service provider of the payer shall
the words "(money remittance)" and the word "or" shall be deleted.
15. in section 4, paragraph 4. 1 (b). and for) the words "by the Publisher of the electronic
money "shall be replaced by" to the person who issued it. "
16. in section 4, paragraph 4. 1 (b). (c)), the words "with a value of not less than the value of the
issued by the electronic money "shall be replaced by the words" for the purpose of the implementation of the
payment transactions ".
17. in section 4, paragraph 4. 1 (b). (d)), the words "as a means of payment" shall be deleted;
and the words "electronic money issuer" shall be replaced by the words "by the person
it delivered ".
18. in section 4 paragraph 2 reads as follows:
"(2) the electronic money is not a monetary value that cannot be
used to make other payment transactions other than payment transactions
referred to in § 3 (1). 3 (b). (c)), paragraph 4 or in section 3 (2). 3 (b). (d))
7. ".
19. the heading of part two shall read: "the PERSON the PAYMENT SERVICE OPRÁVNĚNÉPOSKYTOVAT
AND TO ISSUE ELECTRONIC MONEY ".
20. in paragraph 5 of the introductory part of the provision, the word "services" the words
"as a business".
21. in paragraph 6 of the introductory part of the provisions for the word "money" the words
"as a business".
22. in section 8 paragraph 3 reads:
"(3) the provision of the loan is an activity referred to in paragraph 1 (b). (b)), if
and by providing a payment) is related to the services listed in section 3 (2). 1 (b).
d), (e)), or (g)) and this service is listed in the payment authorization
payment institutions
(b) the loan is not granted from) of the funds, which have been paying
the institution entrusted with the execution of a payment transaction,
c) capital of the payment institution is a reasonable total amount supplied by the
loans and
d) loan is a contract concluded between credit institutions and
the borrower repaid no later than one year; This does not apply in the case that
the loan is provided in the Czech Republic. ".
23. in § 9 para. 1 (b). I) after the word "participation" is inserted after the word "only", and
the words "in terms of the needs" are deleted.
24. in § 9 para. 1 at the end of the letter l) is replaced by a period and a comma
the letter m) is repealed.
25. in § 9 para. 2 the first sentence, the words "was approved by the Parliament,
ratified and promulgated, and which the Czech Republic is bound "are replaced by
the words "is part of the legal order", the words "persons" shall be replaced by
the words "enable" and at the end of the text of the first sentence, the words
"and if the legislation of the State in which the applicant has its registered office, shall not prevent the effective
the protection of funds that have been entrusted to the credit institution
execution of a payment transaction ".
26. in § 9 para. 2 the second sentence, the words "such persons" shall be replaced by
"payment institution based in the State, which is not the Member State".
27. in section 10, paragraph 1. 1, the second sentence shall be deleted.
28. in section 10, paragraph 3 shall be deleted.
29. in paragraph 11, the word "each" is deleted.
30. in paragraph 11 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the notification referred to in paragraph 1 may be made only on the prescribed
form, to which the notifier shall be accompanied by documents certifying the change
the data referred to in the application for authorisation to the activity or its annexes,
on the basis of authorizations granted. Forms and
the content of the annexes thereto lays down implementing legislation. ".
31. In the title above, paragraph 12, the word "Withdrawal" shall be replaced by
"The disappearance and withdrawal".
32. In paragraph 12, insert a new paragraph 1, which reads as follows:
"(1) the authorised payment institutions shall lapse on the date of
and the cancellation of a payment institution)
(b)) the acquisition of the decision of the bankruptcy of the payment institution or
the acquisition of the legal force of the decision rejecting the insolvency petition for
lack of assets, payment institutions
(c)) the acquisition of the decision, which awarded the Czech National Bank
enabling the business of electronic money institutions (§ 46), or on the date on
that is the decision, listed as the date of the authorization, or
(d) payment institutions to write) register of providers of payment
small scale services (§ 36). ".
Paragraphs 1 to 3 shall become paragraphs 2 to 4.
33. In § 12 para. 3 (b). and when) the words "the provision of payment services
or the "and the words" or the conditions laid down in the permit "shall be deleted.
34. In § 12 para. 3 at the beginning of subparagraph (b)), the words "payment
institutions ".
35. In section 12 paragraph 4 is added:
"(4) the Czech National Bank shall inform the public in a manner allowing
remote access to the effect that there was a dissolution or withdrawal of the authorisation to
the activities of the payment institution. ".
36. In paragraph 13 of the first sentence, after the words "the date of dissolution of" the words "or", and
After the word "the" with the words "whose authorization has been terminated or".
37. In paragraph 13 of the second sentence, the word "reliably" be deleted and the word "day"
the words "or demise."
38. In section 13 of the last sentence, after the words "the", the words "whose
authorised payment institution or disappear ".
39. In paragraph 13 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) paragraph 1 shall not apply to activities which is the one whose authorisation
the activities of the payment institution has been terminated or who has been withdrawn, shall be entitled to
continue to exercise on the basis of another permission. ".
40. in paragraph 14, the word "apply" shall be replaced by the words "shall apply".
41. In article 15, paragraph 2. 2 (a). and the words "or) the conditions laid down in
permit ' shall be deleted.
42. In article 15, paragraph 2. 2 (a). (c)), the words "payment institutions" shall be replaced by
the word "applicant".
43. In article 15, paragraph 2. 3 the words "shall apply" shall be replaced by the words "shall apply", and
the number "3" shall be replaced by the number "4".
44. In article 19, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
45. In section 20 (2). 1 (b). (b)), the words "the end" are replaced by the words "after the
the expiry of the ", the words" embedded or converted to a separate account "
replaced by the words "stored on a separate account," and the words "in this time"
shall be deleted.
46. In paragraph 22 of the paragraph. 3 of the introductory part of the provisions of the number ' 6 ' is replaced by
the number "7".
47. In section 22, the following paragraph 7 is added:
"(7) if the insolvency petition was rejected for lack of assets
or if the bankruptcy was canceled because of the debtor's assets is for
satisfaction of the creditors is totally inadequate, the liquidator shall proceed mutatis mutandis
in accordance with paragraphs 4 and 5. ".
48. In paragraph 2 of article 23. 3, the word "applicant" shall be replaced by "notifier".
49. In the first sentence of § 24, § 44 para. 1 and in section 45, the word "valid" is replaced by
the words "shall apply".
50. in section 26 para. 2, after the word "significant" is inserted after the word "operational".
51. In section 26 para. 3, after the word "Significant" is inserted after the word "operational".
52. In section 26 para. 4, the word "applicant" shall be replaced by "notifier".
53. In paragraph 28, the end of the text of paragraph 2, the words "or who has been
withdrawn ".
54. In section 29 para. 1, the words "to provide payment services or" shall be deleted.
55. In section 29 para. 2, the word "applicant" shall be replaced by "notifier".
56. In § 31 para. 1, the words "to provide payment services listed in the
authorised payment institutions "shall be replaced by the words" exercise
activities referred to in section 8, to which it is entitled to on the basis of performance
enable the "and the words", and to pursue the activities referred to in § 8 para. 1 (b).
(b)), and (c)) "shall be deleted.
57. In part two, title II, part 5, including the title.
58. In § 36 odst. 1 the second sentence, the words "§ 8 shall apply" shall be replaced by
"The provisions of section 8 shall apply".
59. In § 36 odst. 2, the words "European economic area"
replaced by the words "in the Czech Republic".
60. In § 37 para. 1 (b). and at the end of the text) (a)) the following words
", and a branch in the Czech Republic".
61. In article 37, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
62. In paragraph 39, the word "each" is deleted.
63. In paragraph 39, the current text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the notification referred to in paragraph 1 may be made only on the prescribed
form, to which the notifier shall be accompanied by documents certifying the change
the data referred to in the application for registration in the register of providers of payment
the services of a minor nature or its annexes on the basis of was to
This register is written. Patterns of the forms and content of the annexes thereto lay down
implementing legislation. ".
64. In the introductory part of section 40 of the provisions, the word "If" is replaced by
the word "day".
65. In section 40 para. 1 (b). and), the word "provider" shall be replaced by
"death of the provider", the word "die" is deleted, and the words "lapses, or"
are replaced by the words "its cancellation,".
66. In section 40 para. 1 (b). (b)), the words "it was issued" shall be replaced by
"legal force" and the words "If the insolvency petition rejected
because its assets are not sufficient to cover the costs of the insolvency
control "shall be replaced by the words" acquisition of the decision rejecting the
insolvency petition for lack of assets, payment provider
small scale services ".
67. In paragraph 40, the dot at the end of paragraph 1 is replaced by a comma and the following
subparagraph (c)), and (d)), which read as follows:
"(c)) the acquisition of the decision, which awarded the Czech National Bank
the payment service provider of a minor nature of authorizations
payment institution or authorised institution of electronic
money (§ 46), or on the date on which the decision is given as the date of
the authorization, or
(d) the payment service provider enrollment) small scale to the registry
issuers of electronic money is small (§ 53).
68. In section 40 para. 4, the word "that" is replaced by "30 days from the
the date "and after the word" institutions "shall be inserted the words" or a request for
enabling the business of electronic money institutions ".
69. In paragraph 41 of the second sentence, the word "reliable" is deleted.
70. In paragraph 41, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) paragraph 1 shall not apply to activities which is the one whose
registration payment service providers small lapse or
has been cancelled shall be entitled to continue to exercise on the basis of another permission. ".
71. In paragraph 42, the words "shall apply" shall be replaced by the words "shall apply", the word
"the provisions" shall be deleted and the words "(a). (b)), "with the words" and
paragraph. 3. "
72. In § 43 para. 2 (a). (b)), the words "payment service provider
small scale "shall be replaced by" applicant ".
73. In § 43 para. 3 the words "shall apply" shall be replaced by the words "shall apply".
74. In article 44, paragraph 2 reads as follows:
"(2) the payment service provider shall not small scale users
provide interest or other benefits depend on the length of time after which the
the funds are entrusted to carry out payment transactions. ".
75. In Title IV of part two, including the title reads as follows:
' TITLE IV
ELECTRONIC MONEY INSTITUTIONS
Part 1
Basic provisions
§ 46
(1) an electronic money institution is a legal entity that is
authorised to issue electronic money on the basis of authorizations
electronic money institutions, which granted her the Czech National Bank.
(2) on the basis of the existing authorisation for the operation of the institution of electronic
money is an electronic money institution shall be entitled to
and) to issue electronic money,
(b)) to provide payment services relating to electronic money,
(c)) to provide payment services that are not related to electronic money,
referred to in the authorization of the business of electronic money institutions,
(d)) to carry out activities related to the activities referred to in (a))
(c)), including the provision of loans, and
e) operate a payment system with the exception of the payment system with
finality of settlement.
(3) the granting of a loan is the activities referred to in paragraph 2. (d)), if
and by providing a payment) is related to the services listed in section 3 (2). 1 (b).
d), (e)), or (g)) and this service is listed in the payment authorization
electronic money institutions,
(b) the loan is not granted from) in cash, against the adoption
have been issued by the electronic money institution concerned or which have been
electronic money entrusted to the execution of a payment transaction,
c) electronic money institutions ' capital is a reasonable total amount
loans and
d) loan is a contract concluded between the institution of electronic
money and paid by the debtor within one year; This does not apply in
If the loan has been granted in the Czech Republic.
Part 2
Enabling the business of electronic money institutions
§ 47
(1) the Czech National Bank has granted permission to the activities of the institutions
of electronic money to the applicant,
and) which is a legal person,
(b)) which has its registered office and head office in Czech Republic
(c)) that has an initial capital of at least the amount prescribed by this Act
(§ 52a paragraph 1),
(d)) whose business plan including a forecast budget on the first 3
the accounting period is aided by the real economic calculations,
e) whose substantive, technical, personnel and organizational preconditions are
appropriate in terms of sound and prudent issuance of electronic money and
the provision of payment services,
f) management and control system which meets the requirements laid down in this
the law (§ 52c)
g) which provides the protection of funds against which
the adoption of electronic money have been issued or entrusted to it by the users
to the execution of a payment transaction,
h) whose inherent in any business activities other than on the issue of
electronic money and in the provision of payment services shall not constitute a
a substantial threat to the financial stability of electronic money institutions
nor can it prevent the effective exercise of supervision over the activities of the institutions
electronic money,
I) which have a qualifying holding by persons who are
trusted and competent to ensure the sound and prudent management of the institution
electronic money,
j) whose close links with another person do not prevent the effective exercise of supervision
over the activities of electronic money institutions; While close links with
a person shall be governed by the laws of the State which is not a Member State,
not this law nor the manner of its application to hamper effective
exercising supervision over the activities of electronic money institutions,
to senior management) whose trust in terms of sound and
the prudent issuance of electronic money and the provision of payment
services,
l) whose head of the persons who effectively conduct the business in the field of extradition
electronic money and the provision of payment services are professionally
eligible and have sufficient experience in terms of sound and prudent
the issuance of electronic money and the provision of payment services.
(2) paragraph 1 (b). (b)) shall not apply if the international treaty,
that is part of the rule of law, the obligation to allow the applicant to
located in a State which is not a Member State, the issue in the Czech Republic
electronic money under similar conditions as to persons located in the United
Republic and the legal order of the State in which the applicant has its registered office, shall not prevent the
effective protection of funds against adoption were released
electronic money or which have been entrusted to the applicant to perform the
the payment transaction. For the electronic money institution based in the
State which is not a Member State, § 52 and 52n shall not apply.
(3) a request for authorisation to the activities of an electronic money institution may be
made only on the prescribed form, to which the applicant must be accompanied by a
documents certifying that the conditions referred to in paragraph 1. Patterns
the forms and content of the annexes thereto lay down the detailed legislation.
§ 48
(1) the decision on the application for a permit for the operation of the institution of electronic
the Czech National Bank issues money within 3 months from the date of initiation of the proceeding.
(2) in the decision to grant an authorisation for the operation of the institution of electronic
money Czech National Bank which payment services that are
not related to electronic money, electronic money institutions
may provide.
(3) electronic money institutions shall, without undue delay, the United
the National Bank change of information contained in applications for authorisations
or its annexes, on the basis of authorizations
granted.
(4) the notice referred to in paragraph 3 may be made only on the prescribed form,
to which the notifier shall be accompanied by documents certifying the change of information
referred to in the application for authorisation to the activity or its annexes,
the basis of authorizations granted. Forms and
the content of the annexes thereto lay down the detailed legislation.
Death and the withdrawal of authorisations for the activities of electronic money institutions
§ 49
(1) the activities of an electronic money institution shall lapse on the date of
and) cancellation of electronic money institutions,
(b)) the acquisition of the decision about the decline of the institution of electronic
money or the acquisition of the legal force of the decision rejecting the insolvency
petition for lack of assets of electronic money institutions,
(c)) the acquisition of the decision, which awarded the Czech National Bank
electronic money institution authorised payment institution
or on the date that is listed in the decision, as the date of the authorization, or
(d) electronic money institutions) notation in the register of providers of
small-scale or payment service to the registry of issuers
small-scale electronic money (§ 53).
(2) the authorization shall be withdrawn by the Czech National Bank to the operation of the institution
electronic money, if the electronic money institutions
so requests.
(3) the Czech National Bank may withdraw the authorisation for the operation of the institution
electronic money, if
and) an electronic money institution has repeatedly or seriously
infringed the obligation laid down in this law or another legal
Regulation governing the procedure for the exercise of activities in accordance with § 46 para. 2,
(b) electronic money institutions) does not meet the conditions for the grant of
enabling the business of electronic money institutions,
c) an electronic money institution has not begun within 12 months from the date of grant
the authorisation to issue electronic money or provide payment services
related to electronic money,
(d) electronic money institutions) made electronic money or
did not provide payment services related to electronic money for
longer than 6 months, or
(e)) the authorisation was granted on the basis of false or incomplete information
or as a result of another illegal procedure e
money.
(4) the Czech National Bank shall inform the public in a manner allowing
remote access to the effect that there was a dissolution or withdrawal of the authorisation to
the activities of electronic money institutions.
§ 50
(1) from the date of dissolution or withdrawal of the authorisation for the operation of the institution
electronic money must not be one whose authorization has been terminated or who has been
withdrawn, to carry out activities pursuant to § 46 para. 2. Financial resources
entrusted to the execution of a payment transaction, must be issued
users. Money, whose adoption were released
electronic money, must be issued to the holders. If you cannot determine
What part of funds passed by the holder or by the user
electronic money institution is intended for payment transactions, you must
be in possession of or returned to the user such a portion of the funds, about
within 1 year from the date of termination of or withdrawal of authorisations
an electronic money institution shall request. The settlement of liabilities to
holders and users with the permission to the activities of the institutions
electronic money has been terminated or who has been authorized to practice
an electronic money institution is withdrawn, still considered the institution of
electronic money.
(2) paragraph 1 shall not apply to activities which is the one whose authorisation
the activities of an electronic money institution has been terminated or who has been
withdrawn, shall be entitled to continue to exercise on the basis of different permissions.
Change in the scope of the authorisation to the activities of electronic money institutions
§ 51
Where an electronic money institution a request for the extension of the scope
payment services, which do not apply to electronic money and that has
listed on your permit activity shall apply mutatis mutandis to § 47 para. 1
(a). d) to (j)), and l), § 47 para. 3 and § 48.
§ 52
(1) the Czech National Bank will narrow the range of payment services, which are
they do not apply to electronic money and electronic money institutions
listed on your permit to the activities of the institution
electronic money is requested.
(2) the Czech National Bank could narrow the range of payment services, which are
they do not apply to electronic money and electronic money institutions
listed on your permit activity, if
and) an electronic money institution has repeatedly or seriously
infringed the obligation laid down in this law or another legal
Regulation governing the procedure for the exercise of activities in accordance with § 46 para. 2,
(b) electronic money institutions) does not meet the conditions for the grant of
permission to provide some payment services, or
(c)) the authorisation was granted on the basis of false or incomplete information
or as a result of another illegal procedure the applicant.
(3) For reducing the range of payment services which are not related to
electronic money and electronic money institutions listed
in its authorization, shall apply by analogy to § 49 paragraph 1. 4 and § 50.
Part 3
Some of the conditions the exercise of the activities of electronic money institutions
§ 52a
Capital
(1) the initial capital of an electronic money institution shall be at least
the amount corresponding to 350 000 euros.
(2) an electronic money institution continuously maintains a capital
adequacy. Capital of an electronic money institution shall not at the same time
fall below the minimum amount of initial capital prescribed in paragraph
1.
(3) the request for authorisation to the activities of electronic money institutions
the applicant shall indicate the approach that will be an electronic money institution
apply when calculating the capital requirement for covering the risks associated
with the provision of payment services, which do not relate to electronic
money. The Czech National Bank in the decision to permit operation of the institution
This approach of electronic money shall be approved if it is suitable of
in terms of the proper provision of payment services which are not related to
electronic money, or due to the circumstances of the applicant; otherwise provides
other appropriate access. Set by the Czech National Bank can access later
change when circumstances change or the conditions under which access was
established.
(4) the Czech National Bank may, on the basis of the evaluation of the management and
control system of electronic money institutions may decide that
an electronic money institution is required to continuously maintain a capital
the adequacy of up to 20% higher, or up to 20% lower than the
provided for in paragraph 2, first sentence.
(5) Implementing law provides rules for the calculation of the amount of capital
electronic money institutions, and the rules for the calculation of capital
adequacy, including individual approaches that of the institution
electronic money may apply when calculating the capital requirement
to cover the risks associated with the provision of payment services, which are
not related to electronic money.
§ 52b
The acquisition, disposal, increase and decrease of qualifying holding on
electronic money institution and its mastery of the
(1) the person or persons acting in concert shall notify in advance the Czech national
the Bank of its intention to
and) acquire a qualifying holding on the electronic money institution,
(b) cease to be a qualified participation) of the electronic money institution,
(c) increase a qualifying holding on) electronic money institution,
that reach or exceed 20%, 30% or 50%,
(d)) to reduce the qualified participation in the electronic money institution,
It drops below 50%, 30% or 20%,
e) become the person controlling the electronic money institution, or
f) stop to control the electronic money institution.
(2) If a person or persons acting in concert, they have made
the notification under paragraph 1 (b). and), c), or (e)) are not trusted or
eligible in terms of the need to ensure sound and prudent management
electronic money institutions, expresses disapproval of the Czech National Bank
the acquisition or increase of qualifying holding or controlling institution
electronic money. This applies mutatis mutandis in the event that the notification was not
contrary to paragraph 1 (b). and), c), or (e)) done. The procedure for
voicing disagreement may be initiated within 60 working days from the date on which the
The Czech National Bank a notification pursuant to paragraph 1. and), c), or (e))
occurred or where the Czech National Bank became aware that the notification was not in
contrary to paragraph 1 (b). and), c), or (e)) done. If the Court finds the Czech
the National Bank before the expiry of the time limit for instituting proceedings for the vote
disagreement, that the person or persons acting in concert, they have made
the notification under paragraph 1 (b). and), c), or (e)) are trusted or
eligible in terms of the need to ensure sound and prudent management
electronic money institutions shall communicate this fact to them.
(3) if the Czech National Bank said disagreement referred to in paragraph 2,
a person that has made a notification under paragraph 1 (b). and), c), or (e))
or that notification, in breach of paragraph 1 (b). and), c), or (e))
failed to do so, shall not exercise the voting rights attaching to holdings of
electronic money institution to the extent in which the participation is acquired or
increased.
(4) the notice referred to in paragraph 1 may be made only on the prescribed form.
In the case of a notification referred to in paragraph 1 (b). and), c), or (e)) the notifier to
the form shall be accompanied by documents certifying its properties in terms of
the need to ensure the sound and prudent management of the institution of electronic
money. Forms and contents of its annexes laying down detailed legal
prescription.
§ 52c
Management and control system
(1) an electronic money institution shall establish and maintain command and control
the system, which is suitable in terms of sound and prudent issuance
electronic money and the provision of payment services and in terms of
compliance with the obligations related to the fight against money laundering
crime and the financing of terrorism. Management and control system
must be comprehensive and proportionate to the nature, scale and complexity of the activities
an electronic money institution and must ensure the proper and smooth
the issuance of electronic money and the provision of payment services.
(2) the management and control system includes the
and organizational prerequisites and assumptions) the proper management and control of
the company, always
1. the principles and procedures
2. organisational arrangements with sound, transparent and comprehensive definition of
activities and related competencies and decision-making powers, within the
which is at the same time lays down the procedures to prevent the possible occurrence of conflicts of
interests and define functions whose performance is inconsistent, and
3. sound administrative and accounting procedures,
(b)) risk management system, which always includes the
1. the rules on access to electronic money institutions risks
an electronic money institution is or may be exposed, including risks
resulting from the external environment and liquidity risks,
2. the procedures of recognition, evaluation, measurement, monitoring and reporting
risks and
3. the procedures for the adoption of measures to limit the risks,
c) internal control, which is always
1. internal audit
2. follow-up to the compliance with the obligations of the institution of electronic
the money arising from this Act and other legislation.
(3) a part of the organizational assumptions referred to in paragraph 2 (a). and) are
always
and record keeping rules) of the funds, the
the adoption of electronic money have been released or that were the institution of
electronic money entrusted to the execution of a payment transaction,
(b)) the rules for the handling of complaints and claims of the holders and users and
(c)) the internal communication.
(4) the rules of internal control in accordance with paragraph 2 (a). (c)) also include
and) control and safety measures when handling and registration
information, and taking account of their nature and
(b) the activities of the control rules) sales representative whose
by means of an electronic money institution provides payment
the service.
(5) an electronic money institution is required to continuously authenticate and
periodically assess the adequacy and effectiveness of the management and control
the system.
(6) the method of fulfilling the requirements of the management and control system of the institution
electronic money institutions shall adopt detailed legislation.
Protection of funds
section 52d
(1) funds, against whose adoption had been issued electronic
money or which have been entrusted to the electronic money institution
execution of payment transactions are not deposit under the law governing
the activities of the bank.
(2) an electronic money institution shall issue electronic money shall immediately
After having accepted cash, against the adoption of which should be
electronic money issued.
section 52e
(1) funds, against whose adoption had been issued electronic
money or which have been entrusted to the electronic money institution
execution of a payment transaction must be
and) kept separate from the own funds of the institution
of electronic money and from the funds of other persons, with the exception of
other funds, against whose adoption were released
e-money or electronic money institution
entrusted with the execution of a payment transaction, and
(b)) after the expiry of the working day following the date on which the institution of the
electronic money received, stored on a separate account of the institution
electronic money at a Bank, savings and credit cooperatives,
foreign banks established in the Member State or foreign banks
based in a non-Member State which is subject to supervision comparable
with the supervision of the Czech National Bank, or must be invested in liquid
assets with a low risk, if it is an electronic money institution does not pass
the recipient or another provider.
(2) paragraph 1 shall not apply where an electronic money institution
has entered into an insurance contract, or were given the other comparable
the guarantee on the basis of the holders and users have the right to supply in
the amount of the corresponding law on the release of funds, the
the adoption of electronic money have been released or that were the institution of
electronic money entrusted to the execution of a payment transaction, in the case
that the electronic money institution is unable to satisfy this right
itself, in particular in the case of a decision on the bankruptcy of the institution
electronic money.
(3) take out the insurance policy referred to in paragraph 2 as the insurer may
only the insurance company or a foreign person with similar business
established in a Member State or in another Member State than the
which is subject to supervision comparable with the supervision of the Czech National Bank,
If these persons are not members of the same group as an institution
electronic money. Provide some other comparable guarantee according to the
paragraph 2, only the Bank, savings and loan cooperative, foreign
Bank or a foreign person with similar business based in
another Member State or are nationals of another Member State than that
subject to supervision comparable with the supervision of the Czech National Bank, if
These persons are not members of the same group as an institution of electronic
money.
(4) Implementing legislation sets out the assets in which the institution
electronic money to invest the funds referred to in paragraph 1
(a). (b)).
(5) for reasons of particular interest of the Czech National Bank
measures of a general nature to temporarily disable the electronic money institutions
to invest the funds referred to in paragraph 1 (b). (b)), against which the
have been issued electronic money, the rules laid down in the implementing
legislation referred to in paragraph 4, the kind of this measure
at the same time. In doing so, the Czech National Bank will take into account the safety,
maturity and the value of those assets.
(6) the measures of a general nature referred to in paragraph 5 may take effect before
performing the procedure on this measure according to the code of administrative procedure, and before the
discussing his proposal on the date of posting of a public decree
measures of a general nature. If there is a risk of default, it may
Time limits set by the Czech National Bank code of Administration for publication
the design of the measures of a general nature, for consultation and notification
to submit comments or objections to the measures of a general nature be shortened
for 3 days.
§ 52f
(1) if it cannot be determined what part of the cash passed to
the holder or user of the electronic money institution is intended for
a payment transaction is an electronic money institution shall be obliged to protect
under section 52e a portion of these funds, which corresponds to the
the estimate, based on data from previous periods.
(2) If an electronic money institution receives from the holder of the money
resources, against the adoption of electronic money have been issued,
the form of the adoption of the payment instrument, the funds have been
accepted at the time when the means of payment given to a payment order.
In this case, it protects the electronic money institutions these cash
resources by section 52e only after payment has been credited to its
account or made available to her, but at the latest after 5 working
days from the date of issuance of electronic money.
§ 52 g
(1) if the decision on the bankruptcy of electronic money institutions,
is a special insolvency administrator must give the funds against
the adoption of electronic money have been issued or which have been
electronic money institution entrusted with the execution of a payment transaction,
holders and users. If you cannot reliably determine what portion of
funds transmitted by the holder or by the institution of the
electronic money is intended for the payment transaction, is a special
the insolvency administrator must give the funds which have been
electronic money institution entrusted to it and can be used to perform
the payment transaction.
(2) the special insolvency practitioner shall publish within 15 days from the date of their
provisions at least in 2 nationally distributed newspapers in each
the State on whose territory the electronic money institution does business or
business challenge to holders of electronic money institutions, which
has released an electronic money institution and to users who
of electronic money have entrusted funds to make a payment
transactions of the funds themselves, including deadlines and
lessons about the consequences of their fruitless expiry.
(3) the special insolvency practitioner shall issue within 7 months from the date of publication of the
referred to in paragraph 2, the funds, against whose adoption were released
e-money or electronic money institution
attributed to the execution of a payment transaction, the holders and users who
of these funds to
and) 3 months from the date of publication referred to in paragraph 2 and prove their right to
they are released, or
(b)) 6 months from the date of publication referred to in paragraph 2, and whose right to
their release follows from the record of an electronic money institution.
(4) the special insolvency practitioner cashing in assets referred to in section 52e para. 1
(a). b). Indemnity or warranty under section 52e para. 2 and 3
paid the required person special insolvency practitioner.
(5) if the funds referred to in section 52e para. 1, mining
monetized asset referred to in paragraph 4 and indemnity or performance of
a guarantee under section 52e para. 2 and 3 are not sufficient to fully satisfy all
holders and users referred to in paragraph 3, will satisfy the rights of these
holders and users fairly.
(6) the extent to which the right to release the funds under
paragraph 1 has not been satisfied with the procedure laid down in paragraphs 2 to 5,
the appropriate claim considered on time and properly lodged within the meaning of
the law governing insolvency.
(7) if the insolvency petition was rejected for lack of assets or
If the bankruptcy was canceled because of the debtor's assets is for
satisfaction of the creditors is totally inadequate, the liquidator shall proceed mutatis mutandis
in accordance with paragraphs 4 and 5.
The issuance and distribution of electronic money and the provision of payment
services through the institution's electronic sales representative
money
§ 52 h
(1) an electronic money institution shall not issue electronic money
by means of the person in the issuance of electronic money is
on its behalf; It does not apply to an employee or representative of an institution
electronic money.
(2) an electronic money institution may provide payment services
through the if sales representative
and the management and control system) the commercial agent is suitable in terms of
compliance with the obligations related to the fight against money laundering
crime and the financing of terrorism and
(b)) a sales representative who is a natural person, and senior management
trade representative who is a legal person, they are trusted,
competent and have sufficient experience in terms of sound and
a prudent provision of payment services.
(3) an electronic money institution which intends to provide
payment services through a commercial agent shall notify the United
the National Bank.
(4) the notice referred to in paragraph 3 may be made only on the prescribed form,
to which the notifier shall be accompanied by documents certifying that the conditions
referred to in paragraph 2. Patterns of the forms and content of the annexes thereto lay down
the implementing legislation.
§ 52i
(1) when you distribute electronic money or the provision of payment
services through the business of electronic money institutions
the representative of the host Member State shall apply by analogy to § 52. Before
registration commercial agent to the list of electronic money institutions
the Czech National Bank shall request the opinion of the supervisory authority of the host
Member State and to this opinion into account.
(2) the distribution of electronic money or the provision of payment
the services of foreign electronic money institutions established in another
Member State through a commercial agent in the Czech Republic
the Czech National Bank shall notify the supervision authority of the home Member State
This electronic money institution at its request its opinion on
This fact.
(3) where the Czech National Bank has reason to suspect that, in connection with the
distribution of electronic money or to the provision of payment services
foreign electronic money institution with headquarters in another Member
State through a commercial agent in the Czech Republic may occur
to increase the danger of the legalization of proceeds of crime, or
terrorist financing, shall communicate this fact without undue delay
the home Member State supervisory authority of this institution of electronic
money.
The performance of some operational activities through another person
§ 52j
(1) an electronic money institution which intends to entrust the performance of the
some operational activities relating to the issuance of electronic
money or to provide payment services to another person, it shall notify the United
the National Bank.
(2) performance, relevant operational activities related to the issuance of
electronic money, or to the provision of payment services payment
institution to entrust to another person only if there is no substantial
deterioration in the functioning of the management and control system of the institution
electronic money, reduce considerably the possibilities of the Czech National Bank
to exercise supervision over the activities of electronic money institutions, or
the devolution of responsibilities of persons carrying out business management
electronic money to another person.
(3) a significant operational activities referred to in paragraph 2 is the operational activity,
the non-execution or incorrect execution would substantially impair the
systematic fulfilment of the obligations laid down by the electronic money institution
This Act.
(4) the notice referred to in paragraph 1 may be made only on the prescribed form,
to which the notifier shall be accompanied by documents certifying that the conditions
referred to in paragraphs 2 and 3. Forms and contents of its annexes
down detailed legislation.
Information obligation
§ 52k
(1) an electronic money institution provides the Czech National Bank
information about its financial situation, the results of the economic,
compliance with the performance of his tasks and the information about your business
representatives, which distributes electronic money in
another Member State or provides payment services.
(2) an electronic money institution shall inform the Czech National Bank with
well in advance of any significant change in measures relating to
protection of funds against adoption were released
electronic money.
(3) the content, form, and manner of providing the information referred to in paragraph 1
down detailed legislation.
Retention of documents and records
section 52 l
(1) an electronic money institution shall keep the documents and records that
regarding electronic money institutions fulfilling the obligations under this
head, at least for a period of 5 years from the date on which such documents or records
arose. The obligation to keep documents under other legislation
This does not affect.
(2) the obligation provided for in paragraph 1 is a legal successor of the institution
electronic money and the one whose authorised institutions
electronic money has been terminated or who has been withdrawn.
Part 4
The performance of the activities of electronic money institutions and foreign institutions
electronic money in the host Member State
§ 52 m
The performance of the activities of an electronic money institution in the host Member
State
(1) an electronic money institution which intends to start exercising
the activities referred to in § 46 para. 2 in the host Member State, it
notify the Czech National Bank. If the electronic money institutions
intend to carry out the activities referred to in § 46 para. 2 through
the branch shall indicate in the notice details of the organizational structure and the way
management of the branch.
(2) the Czech National Bank shall inform the supervisory authority of the host Member
State within 1 month of the date on which the notification referred to in paragraph 1,
business name of an electronic money institution, its head office and other data
contained in the notification.
(3) the notification referred to in paragraph 1 may be made only on the prescribed form,
to which the notifier shall be accompanied by documents certifying the information referred to in
the notification.
Patterns of the forms and content of the annexes thereto lay down the detailed legislation.
§ 52n
The performance of the activities of foreign electronic money institutions established in
another Member State in the Czech Republic
(1) foreign electronic money institutions established in another
a Member State may, in the Czech Republic to carry out the activities referred to in section 46
paragraph. 2, to whose performance is entitled to on the basis of authorisation
It was granted to the supervisory authority of its home Member State.
(2) where the Czech National Bank has reason to suspect that, in connection with the
the performance of the activities of foreign electronic money institutions established in
another Member State through a branch in the Czech Republic can
may increase the risk of the legalization of proceeds of crime, or
terrorist financing, shall communicate this fact without undue delay
the home Member State supervisory authority of this institution of electronic
money. ".
76. The title of title V, the following text
"Part 1
Basic provisions ".
77. In § 53 para. 1 the words "the person who is entitled to" shall be replaced by
"the legal person who is entitled to".
78. In paragraph 53, at the end of paragraph 1, the following sentence "the provisions of § 46 para.
2 shall apply accordingly. ".
79. In § 53 paragraph 2 reads as follows:
"(2) small-scale electronic money Issuer is entitled to issue
electronic money and to provide payment services that relate to the
electronic money, only if the average it issues
electronic money in circulation in the Czech Republic does not exceed the amount
corresponding to eur 5 000 000. If you cannot determine what portion of the cash
resources transmitted by the holder of the electronic money issuers of small
the range is specified for payment transactions that relate to the
electronic money, based on the average of the electronic
money in circulation of such part of such funds, which
corresponds to the estimate based on data from previous periods. If
the Publisher of the electronic money issued by the electronic small scale
money for less than 6 months, based on the average of his
outstanding electronic money in circulation from its business plan. "
80. in paragraph 53, the following paragraphs 3 and 4 are added:
"(3) small-scale electronic money Issuer is entitled to
provide payment services that are not related to electronic money,
only if the monthly average of the amounts it executed payment
transactions that do not apply to electronic money in the Czech Republic,
including payment transactions executed through its business
representatives for the past 12 months does not exceed an amount corresponding to 3 000
000. If the Publisher small-scale electronic money
provides payment services that are not related to electronic money,
for less than 12 months, is based on the amount it made
payment transactions from its business plan.
(4) average of electronic money in circulation shall, for the purposes of this Act,
means the arithmetical average of the above commitments, the Publisher arising from the
electronic money at the end of the calendar day for the last 6
calendar months. ".
81. in paragraph 53, the following text
"Part 2
Registration of small-scale electronic money issuer ".
82. In § 54 paragraph 1 reads:
"(1) the Czech National Bank writes to the registry of issuers of electronic
money small scale of the applicant,
and) which is a legal person,
(b)) which has its registered office in the Member State in which it actually operates, and
a branch in the Czech Republic,
(c)) whose business plan is based on realistic economic calculations and is
in accordance with the conditions laid down in § 53 para. 2 and 3,
(d)) that provides the protection of funds against which
the adoption of electronic money have been issued or entrusted to the
execution of a payment transaction,
e) If none of the heads of the people has not been convicted for the crime
offence against property, economic offence or of an offence
committed in connection with the financing of terrorism and
(f)) which was not caused by the fact that bases an obstacle to the operation of the
trades under the law governing business. ".
83. In § 54 para. 2 the words "the conditions referred to in paragraph 1 (b). (b)), and
c) are satisfied shall be replaced by the condition referred to in paragraph 1 (b).
(f)) is true. "
84. In paragraph 56, the word "each" is deleted.
85. In paragraph 56, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the notification referred to in paragraph 1 may be made only on the prescribed
form, to which the notifier shall be accompanied by documents certifying the change
the data referred to in the application for registration in the register of electronic publishers
the money is small or its annexes on the basis of was to
This register is written. Patterns of the forms and content of the annexes thereto lay down
implementing legislation. ".
86. In paragraph 57 of the introductory part of the provisions, the word "If" is replaced by
the word "day".
87. In § 57 para. 1 a) and (b)):
"and the Publisher of electronic money) the cancellation of a minor nature,
(b)) the acquisition of the decision about the bankruptcy of the Publisher of the electronic
the money is small or the acquisition of the legal force of the decision rejecting the
insolvency petition for lack of assets the Publisher of electronic
a small-scale money ".
88. In paragraph 57, at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (c)), and (d)), which read as follows:
"(c)) the acquisition of the decision, which awarded the Czech National Bank
small-scale electronic money issuers authorized to practice
electronic money institutions, or on the date that is specified in the decision
as the date of the authorization, or
(d) electronic money issuer) notation in the register of providers of
small-scale payment service. ".
89. In § 57 para. 3 of the introductory part of the provisions, the words "provider
the payment service "are replaced by the words" electronic money issuer ".
90. in § 57 para. 3 (b). a), the words "the issuance of electronic money"
replaced by the words "exercise of activities in accordance with § 46 para. 2. "
91. In paragraph 57, paragraph 4 reads:
"(4) If a small-scale electronic money issuer within 30 days
the date on which he ceased to satisfy the conditions laid down in § 53 para. 2, give
application for authorisation to the activities of the payment institution, an application for authorisation to
the activities of an electronic money institution or a request for entry in the register
the payment service provider of a minor nature, the Czech national
Bank in the decision referred to in paragraph 3 (b). (b)) provide that shall not take
effect before the decision takes effect on the application. ".
92. the heading of section 58 is repealed.
93. section 58 reads as follows:
"§ 58
(1) from the date of dissolution or cancellation of the registration of the Publisher of the electronic
a small-scale money not the one whose registration ceased to exist or was
cancelled, to undertake activities pursuant to § 46 para. 2. Financial resources
entrusted to the execution of a payment transaction, must be issued
users. Money, whose adoption were released
electronic money, must be issued to the holders. If you cannot determine
What part of funds passed by the holder or by the user
electronic money issuers small scale is intended for the payment
the transaction must be the holder or returned to the user such a part
of the funds, of which 1 year from the date of termination of or withdrawal of
enabling the business of electronic money institutions. To the date of
settlement of obligations towards the holders and the users, whose registration
ceased or was cancelled, continues to be considered the Publisher
small-scale electronic money.
(2) paragraph 1 shall not apply to activities which is the one whose
small e-money issuer registration range to lapse or
has been cancelled shall be entitled to continue to exercise on the basis of another permission. ".
94. in paragraph 58, the following new section 58a and 58b are added:
' paragraph 58a
If a small-scale electronic money issuer request for
extension of the scope of payment services which are not related to electronic
money and covered by the authorisation shall apply mutatis mutandis to section 54
paragraph. 1 (b). (c)), § 55 and 56.
section 58b
(1) the Czech National Bank will narrow the range of payment services, which are
not qualify for electronic cash and which are subject to registration
small-scale electronic money issuer, if the Publisher
electronic money is requested.
(2) the Czech National Bank could narrow the range of payment services, which are
not qualify for electronic cash and which are subject to registration
small-scale electronic money issuer, if
and electronic money issuer) small scale does not meet the conditions
provided for in § 53 para. 3,
b) small-scale electronic money issuer repeatedly or
serious breach the obligation laid down in this Act or other
legislation governing the procedure for the exercise of activities in accordance with § 46
paragraph. 2, or
(c)) registration was carried out on the basis of false or incomplete
data or as a result of another illegal procedure, Publisher
small-scale electronic money.
(3) For reducing the range of payment services which are not related to
electronic money and covered by the authorisation of the Publisher
small-scale electronic money, § 58 shall apply mutatis mutandis. ";"
95. under section 58b, the following text
"Part 3
Some of the conditions for the exercise of the activity of a small e-money issuer
the range ".
96. the heading above paragraph 59 is repealed.
97. section 59:
"section 59
(1) For small-scale electronic money issuer shall apply
Similarly, section 52d-52 g, 52k and 52 l.
(2) the Issuer of electronic money is small not the user
provide interest and other benefits depend on the length of time after which the
the funds are entrusted to carry out payment transactions. ".
98. in part three, title II, including title and footnotes # 10 and
11 shall be added:
"TITLE II
PAYMENT SYSTEM WITH THE FINALITY OF SETTLEMENT
Part 1
Basic provisions
§ 62
(1) payment system with the finality of settlement is a system
and) that has at least 3 participants referred to in § 64 para. 1 (b). a) to (h)),
(b)) that performs clearing [§ 63)] on the basis of specified
the rules,
(c)), whose participants at least one of which has its registered office and head office in
The Czech Republic, will agree that the legal relations between them in the
the implementation of the settlement governed by Czech law, and
(d)) whose existence of the Czech National Bank has announced the European Commission pursuant to §
73f para. 1 or 2.
(2) the foreign payment system with the finality of settlement is
payment system, whose existence the European Commission announced
authority of another Member State under the legislation of the European Union relating to the
settlement finality in payment systems ^ 10).
(3) payment system with the finality of settlement and participation in this
the system is based in the Treaty.
§ 63
The definition of some terms
For the purposes of this Act, means the
and clearing)
1. set-off mutual claims, or
2. fulfilment of the reciprocal transfer of funds financial debts,
(b)) by the clearing instruction by a participant of the payment system with
finality of settlement or participant or system operator
linked in accordance with § 69, based on which it is to be in accordance with the rules
payment system with the finality of settlement (hereinafter referred to as "the rules of the
the system "), done in clearing,
(c)) a central counterparty, one who when entering between the participants
payment system with the finality of settlement referred to in § 64 para. 1
(a). a) to (h)) as their exclusive counterparty,
d) settlement agent he who leads to the participants of the payment system with
finality of settlement referred to in § 64 para. 1 (b). a) to (h)), or
j) account, to which the clearing,
e) collateral person who performs settlement netting set
mutual claims with the finality of payment system participants
the clearing referred to in § 64 para. 1 (b). a) to (h)), j), or k),
(f) the operating rules of the system date) set out, regularly recurring
the period during which the payment system with the finality of settlement and accepts
performs commands to clearing and other operations with this clearing
related.
§ 64
Participant of the payment system with the finality of settlement
(1) a participant in a payment system with the finality of settlement can be
only
and) the Bank,
(b)) a foreign bank,
c) savings and credit cooperative,
d) a securities dealer,
(e) a person authorised to provide) foreign main investment services
(f)) a legal person under public law or a legal person, the
all the obligations of the person is guaranteed by public law,
(g)) the Czech National Bank, foreign central bank or the European
the Central Bank,
h) a legal person with a special status, which is excluded from the
the scope of the regulation the European Union governing access to the activity
credit institutions and its performance ^ 11),
I) payment system operator with the finality of settlement (section 70),
j) a central counterparty
k) a settlement agent,
l) a clearing house and
m) a person who carries out a similar activity as one of the persons referred to in
(i) to (l))) in a securities settlement system with the finality of
the settlement, in the foreign payment system with the finality of
Clearing or foreign securities settlement system with the finality of
the settlement.
(2) the activities of a central counterparty, settlement agent or clearing house
the institution may be exercised even more participants of the payment system with
finality of settlement.
Part 2
The operation of the payment system with the finality of settlement Rules
System
§ 65
(1) the operator of a payment system with the finality of settlement
lays down the rules of the system.
(2) the rules governing the system of at least
and the business name or name), registered office and identification number, if
granted, with the finality of payment system operator
clearing,
b) conditions for participation in a payment system with the finality of settlement,
which must be transparent and must contain objective criteria for
access to the payment system with the finality of settlement,
(c)) the rights and obligations of the payment system with the finality of
settlement resulting from their participation in this system,
(d)) the manner and the detention conditions of the obligations arising from participation in the
payment system with the finality of settlement,
(e) the manner and terms of the settlement), including the establishment of a procedure for fixing bugs
incurred during the reckoning,
(f)) the details command to clearing the way and the conditions of its entry into
payment system with the finality of settlement,
g) information that the participant with the finality of payment system
clearing provides the operator with the finality of payment system
Clearing for the performance of its duties, and the way they are provided,
h) measures that the operator may payment system with
finality of settlement against participant of the payment system
with the finality of settlement, and the procedure for their implementation,
I) a timetable for implementation of the settlement, including the schedule of individual
the stages in which the settlement takes place,
j) definition of the operating day,
to) the time to which the command to be considered adopted
payment system with the finality of settlement,
l) the time to which the command to the specified in the payment
system with the finality of settlement considered unilaterally
irrevocable, and the technical conditions for the security of its
finality,
m) currency in which clearing is performed, and
n) access rules to the risks, which include at least
1. the risks to which payment system with the finality of settlement or
may be exposed, including systemic risk, operational risk, risk
liquidity and credit risk
2. the procedures of recognition, evaluation, measurement, monitoring and reporting
risks and
3. the procedures for the adoption of measures to reduce risks, including
the determination of the appropriate conditions for participation in a payment system with the
finality of settlement.
§ 66
(1) the operator and the participants of the payment system with the finality of
obey the rules of posting.
(2) the operator of a payment system with the finality of settlement
published rules of the system in a manner allowing remote access. In
the headquarters and at the premises of the operator's payment system with
finality of settlement may each be regarded.
§ 67
Changing the rules of the system
(1) change the rules of the system becomes effective at the moment of publication,
unless otherwise provided in a payment system operator with the finality of
a moment later the efficiency of clearing. Change the rules of the system cannot be
publish, as long as the Czech National Bank has given its approval to the change.
(2) a participant in the procedure for granting consent to change the rules of the system is
only the operator of a payment system with the finality of settlement.
Unless the Czech National Bank decision on the request for consent
to change the rules of the system within one month from the date of receipt of the application,
rule, that consent has been granted.
The irrevocability of settlement order
§ 68
(1) from the date provided for in the rules of the system cannot command to
clearing unilaterally revoke.
(2) the bankruptcy decision or decision or other action of a public
can be introduced to stop or limit the clearing, to the exclusion or
restrictions on use of funds on the account to which the
the reckoning, or the exclusion or limitation of application of law to meet
provision shall not affect the
and, effectiveness) the validity or enforceability of a command to a clearing, where the
This statement was adopted by the payment system with the finality of settlement
before the release of this decision or before performing this action,
(b)) the ability to use the funds on the account of a participant of the payment
system with the finality of settlement, on which the clearing, to the
fulfilment of the obligations incurred in the payment system
finality of settlement or in a system of interconnected according to § 69,
If the funds are used during the operating day, in
during which there was a release of this decision or to perform this
the intervention, and
(c)), the effectiveness or enforceability of the right to the satisfaction of securing
provided by the participant or the payment system operators with
finality of settlement or a linked system, pursuant to section 69.
(3) to exclude the effects of the bankruptcy decision or decision or other
intervention by the public authority referred to in paragraph 2 (a). and) occurs even if,
that was the order for the settlement accepted by the payment system with the finality of
clearing after the release of this decision or after you perform this action,
If
and) settlement is performed during the operational day, during which there was a
the release of this decision, or for the implementation of this intervention, and
(b) payment system with the operator) the finality of settlement was not
to the time when the command to become irrevocable under
paragraph 1, the date of this decision or the implementation of this intervention
notified and was not otherwise be known; the fact that the
the bankruptcy decision was published in the insolvency register itself
each other does not mean that this decision was the operator of a payment
with the finality of settlement system known or should be known.
(4) the bankruptcy decision or decision or other action of a public
power referred to in paragraph 2 does not have retroactive effects on the rights and obligations that
incurred in the payment system with the finality of settlement or in the system
linked in accordance with § 69 prior to the release of this decision or before
You can perform this action.
System link
§ 69
(1) if the operator of a payment system with the finality of
the clearing of the Treaty link with other payment systems
with the finality of settlement system, settlement system with
finality of settlement, foreign payment system
finality of settlement or the foreign securities settlement system with
finality of settlement allowing the mutual execution of commands to
the settlement does not constitute a new payment system with the finality of
the showdown.
(2) if it is possible, with a payment system operator
finality of settlement shall ensure that the rules of the system and rules
a linked system referred to in paragraph 1 was coordinated as regards
moment to which the command to be considered unilaterally
irrevocable, and the instant, to which such an order it considers
adopted by the system. Unless otherwise agreed by the parties in the contract referred to in paragraph 1
otherwise, the rules of connected systems with regard to these
moments, independently of each other.
Part 3
The operator of a payment system with the finality of settlement
section 70
(1) the operator of a payment system with the finality of settlement is
a legal entity that is authorized to operate a payment system with
finality of settlement on the basis of the authorisation for the operation of the payment
with the finality of settlement system, which has granted her Czech national
the Bank.
(2) the operator of a payment system with the finality of settlement is
required to operate a payment system with the finality of settlement with
professional care.
Authorisation for the operation of the payment system with the finality of settlement
§ 71
(1) the Czech National Bank has granted authorisation for the operation of the payment system
with the finality of settlement to the applicant,
and) which is a joint-stock companies or limited liability companies,
(b)) which has its registered office and head office in Czech Republic
(c)) that has an initial capital of at least the amount corresponding to the amount of 730
000 eur,
(d)) whose business plan including a forecast budget on the first 3
the accounting period is aided by the real economic calculations,
e) whose substantive, technical, personnel and organizational preconditions are
appropriate in terms of the sound and prudent operation of the payment system
with the finality of settlement,
(f)) which any business consisting in activities other than in
the operation of the payment system with the finality of settlement
It does not represent a significant threat to the financial stability of the operator
payment system with the finality of settlement or cannot defend
the effective exercise of supervision over the activities of the operator's payment system with
finality of settlement,
g) which have a qualifying holding by persons who are
trusted and competent to ensure the sound and prudent management of the operator
payment system with the finality of settlement,
h) whose close links with another person do not prevent the effective exercise of supervision
over the activities of the operator with the finality of payment system
clearing; When the close links with the party, which is governed by the laws of the
State which is not a Member State, not the legal order or the way
its application to hamper effective supervision over the activities of
the operator's payment system with the finality of settlement,
even the head of the person) are trusted,
j) whose leading persons who effectively conduct the business in the area
the operation of the payment system with the finality of settlement, are
competent and have sufficient experience in terms of sound and
prudent operation of the payment system with the finality of settlement
and
to the rules established by the system) that are appropriate in terms of
the sound and prudent operation of the payment system with the finality of
clearing and in terms of systemic risk.
(2) the Czech National Bank has granted authorisation for the operation of the payment system
with the finality of settlement and an applicant who
a) is a legal entity,
(b)) has its registered office and head office in another Member State,
(c)) is authorized to operate a system similar to the payment system
finality of settlement, in which the legal relations between the parties to the
When carrying out clearing system governed by the law of another Member State, and
(d)) has established rules that are appropriate in terms of sound and
prudent operation of the payment system, with the finality of settlement
and in terms of systemic risk.
(3) an application for authorization to operate a payment system with
finality of settlement can be made only on the prescribed form, to the
which the applicant shall be accompanied by documents certifying compliance with the conditions referred to
in paragraph 1 or 2. The pattern of the form and content of the annexes thereto lay down
the implementing legislation.
§ 72
(1) the decision on the application for authorization to operate a payment system
The Czech National Bank shall issue within 6 months from the date of initiation of the proceeding.
(2) the decision to grant a permit to operate a payment system with
finality of settlement rules shall be approved by the Czech National Bank
the system.
(3) the operator of a payment system with the finality of settlement shall notify the
without undue delay, the Czech National Bank change of information contained in the
application for a permit to operate a payment system with the finality of
Clearing or its annexes on the basis of the authorisation to
the operation has been granted.
(4) the notice referred to in paragraph 3 may be made only on the prescribed form,
to which the notifier shall be accompanied by documents certifying the change data. Pattern
the form and the content of its annexes laying down detailed legislation.
The disappearance and withdrawal of authorisation for the operation of the payment system with
finality of settlement
section 73
(1) a permit to operate a payment system with the finality of
clearing shall lapse on the date of
and the cancellation of the payment system operators) with the finality of
clearing, or
(b)) the acquisition of the decision of the bankruptcy of the operator of the payment
system with the finality of settlement or the acquisition of the decision
rejecting the insolvency petition for lack of assets of the operator
payment system with the finality of settlement.
(2) the Czech National Bank shall withdraw the authorisation for the operation of the payment
system with the finality of settlement, if
and it's the operator) on the payment system with the finality of settlement
requested, or
(b)) with the finality of clearing payment system does not meet the conditions
referred to in § 62 para. 1 (b). a), b) or (c)).
(3) the Czech National Bank may withdraw the authorisation for the operation of the payment
system with the finality of settlement, if
and payment system with the operator) the finality of settlement
repeatedly or seriously violated the obligation laid down in this
by law or other legislation relating to the operation of
payment system with the finality of settlement,
(b)) the operator of a payment system with the finality of settlement
does not meet the conditions for the grant of authorisation for the operation of the payment
with the finality of settlement system
(c)) the operator of a payment system with the finality of settlement did not start
within 12 months from the date of the granting of authorization to operate a payment system with
finality of settlement,
(d)) the operator of a payment system with the finality of settlement
operates a payment system with the finality of settlement for longer
than 6 months, or
(e)) the authorisation was granted on the basis of false or incomplete information
or as a result of another illegal procedure, the operator of the payment
system with the finality of settlement.
(4) the Czech National Bank shall inform the public in a manner allowing
remote access to the effect that there was a dissolution or withdrawal of the authorisation to
the operation of the payment system with the finality of settlement.
section 73a
The authorisation for the operation of the payment system with the finality of
the showdown has been terminated or who has been withdrawn without undue delay
shall notify the participants in the payment system with the finality of
the showdown. To complete the clearing based on the settlement of orders
received prior to the date of termination of or withdrawal of authorization shall continue to be considered
for the operator's payment system with the finality of settlement.
Part 4
Information obligations of the operator and the Subscriber's payment system with
finality of settlement
section 73b
(1) the operator of a payment system with the finality of settlement
the Czech National Bank shall inform without delay the
and company or business name) or the name and surname of the participant
payment system with the finality of settlement, their residence, place of
business or residence, their identification number, if
and in the case of natural persons, their date of birth and hometown
number, if assigned, and about the change of these data and
(b)) of the draft decision on its liquidation or without liquidation
or a change in its business; just inform the adoption of
such a decision by the competent authority of the operator of the payment system
with the finality of settlement.
(2) participants of the payment system with the finality of settlement without
undue delay informs the operator's payment system with
finality of settlement about the information in the scope of paragraph 1 (b). and).
(3) the operator of a payment system with the finality of settlement
immediately inform the participants of the payment system with the finality of
clearing and linked system operator pursuant to section 69 of the notification
According to § 73f para. 4.
(4) the operator of a payment system with the finality of settlement
the Czech National Bank provides information about your financial situation
the results of its management and the fulfilment of the conditions of performance of its activities.
(5) the content, form, and manner of providing the information referred to in paragraph 4
down detailed legislation.
section 73 c
Participant of the payment system with the finality of settlement at the request of
informs who about a legitimate interest, the payment system with
finality of settlement, which involved, and about its rules.
section 73d
Participant of the foreign payment system with the finality of settlement,
which has its registered office or place of business in the Czech Republic,
and, on request, inform them), who on a legitimate concern about this
the system and its rules and
(b)) shall inform without delay the Czech National Bank on its participation in the
This system, a Member State, that the existence of this system announced
The European Commission, about the address of its registered office or place of business and amending
These facts.
Part 5
Notification obligation of the public authorities
section 73e
The obligation of notification to the Court or other public authority
On the issue of the bankruptcy decision or decision or other intervention
a public authority pursuant to § 68 para. 2 against the party paying
system with the finality of settlement shall notify without undue delay
Court or other public authority, which carried out the action, the Czech national
the pot. Court or other public authority shall inform the Czech National Bank
also in the case if the decision issued or similar authority interventions
the public authority has made against the party of foreign payment system
finality of settlement, which has its registered office or place of business in the United
Republic.
§ 73f
The notification requirements of the Czech National Bank
(1) the Czech National Bank shall, without undue delay, the European Commission
the existence of a payment system with the finality of settlement, which
the operators granted a permit to operate a payment system with
finality of settlement. The notification shall indicate the Czech National Bank
the operator's payment system with the finality of settlement. If there is a
the changes referred to in the notification, it shall inform the Czech national
the Bank without undue delay, the European Commission. If the authorization to
the operation of the payment system with the finality of settlement has been terminated
or has been withdrawn, the Czech National Bank shall notify to the European Commission's demise
This payment system with the finality of settlement without undue
delay after clearance has been completed on the basis of orders received
before the date of withdrawal or termination of the permit.
(2) the Czech National Bank may notify the European Commission of the existence of
the payment system, which operates under the law governing the position of
and the scope of the Czech National Bank, if the system satisfies the conditions
referred to in § 62 para. 1 (b). a) to (c)). In the notice, Czech National Bank
stating that the operator of this system. For this system, and for
The Czech National Bank in the performance of the activities of its operators in § 67
paragraph. 1 the second sentence and paragraph. 2, § 71, 72, section 73b paragraph 1(a). 1 and paragraph 4
do not apply. The Czech National Bank notification under the first sentence without undue
delay withdrawn if the system no longer meets the conditions referred to in §
62 para. 1 (b). a), b) or (c)).
(3) if the Czech National Bank has received a notification under section 73e, which
refers to a participant of foreign payment system with the finality of
the clearing house which has its registered office or place of business in the Czech Republic,
shall notify without delay the competent authority of the Member State which
the existence of this system reported to the European Commission.
(4) if the Czech National Bank has received a notification under section 73e or
a similar notice from the authority of another Member State, which applies to
participant of the payment system with the finality of settlement, it shall notify the
the operator immediately of this payment system with the finality of
the showdown.
10) Article. 10 European Parliament and Council Directive 98/26/EC.
11) Article. 2 of European Parliament and Council Directive 2006/48/EC of 14 July 1999.
June 2006 concerning the access to the activity of credit institutions and on its performance,
in the texts of Commission directives 2007/18/EC and 2010/16/EU ".
99. In paragraph 75, the following new paragraph 1, which reads as follows:
"(1) the provider and the user may not derogate from the provisions
of this title, to the disadvantage of the user, unless this Act provides otherwise. ".
Paragraphs 1 to 3 shall become paragraphs 2 to 4.
100. In section 75 para. 2 introductory provisions read as follows:
"In the case of a payment transaction that the payer or provider
the recipient's provider performs in a non-Member State or, in the
the case of the payment transaction in the currency is not the currency of the Member State,
provider and the user agreement can derogate ".
101. In paragraph 76, paragraph 4 reads:
"(4) means of payment for small payments, for the purposes of this Act,
means the payment instrument,
and that can be used by) framework agreement to give the command to
1. the payment transaction in the amount not exceeding EUR 30,
2. national payment transaction in the amount not exceeding 60
invention or
3. payment transaction, which applies to electronic money, in the amount of
not exceeding 500 euros, or
(b)) that under a framework contract has a spending limit or keeps cash
resources in the amount not exceeding
1.150 EUR,
2.300 EUR, if this means of payment according to the framework
the Treaty give the command to only domestic payment transaction, or
3.500 euros, if this means of payment according to the framework
the Treaty put command only to the payment transaction that relates to the
electronic money. ".
102. In paragraph 84, at the end of paragraph (e)) the comma is replaced by a dot and the letter f)
is hereby repealed.
103. In paragraph 85 (a). f), the words "made on the initiative of the recipient" shall be replaced by
the words "in accordance with section 103".
104. In paragraph 89, the provisions of the introductory part, the words "initiated by the payer of the adjusted
framework contract "shall be replaced by" which is regulated by a framework
contract and which gives the payment order, the payer's ".
105. In section 93 para. 1, after the words "small payments", the words "§ 80
up to 85 and section 89 shall not apply; in this case ".
106. In paragraph 93, the following paragraph 3 is added:
"(3) paragraph 2 the second and third sentences shall not apply in the case of anonymous
the use of a means of payment for small payments and, if
provision of the information is not technically possible. In this case, however,
the provider allows the user to verify the amount of funds with which
You can make the overall payment transactions based on the payment order
the means of payment. ".
107. In article 94, paragraph 1, the second sentence is replaced by the phrase "in the case of payment
resources for small payments, the provider and the user may, in the framework
the Treaty agree that the provider is not obliged to propose to the user
the change of the framework contract on a durable data medium in the manner specified in § 80
paragraph. 1. ".
108. In § 94 paragraph. 2 the words "change in the information referred to in section 81, § 83
(a). (d)) and section 84 (a). (e)), which are not content "shall be replaced by
"If this is not a change" and after the word "report" with the words "change
the information referred to in section 81 to 85 ".
109. In paragraph 94 is at the end of paragraph 2 the following sentence "paragraph 1 second sentence
shall apply accordingly. ".
110. In the title of § 101, the words "the holder of the payment instrument"
shall be replaced by the word "user".
111. In paragraph 101 of the introductory part of the provisions, the words "(hereinafter referred to as" the holder of the
payment instrument ") ' shall be deleted.
112. In the heading of section 102, the words "Publisher payment instrument"
shall be replaced by the word "provider".
113. In section 102 paragraph. 1 the introductory part, the words "provisions (hereinafter referred to as
"Publisher payment instrument") ' shall be deleted.
114. In section 102 paragraph. 1 (b). a), the words "persons other than the holder,"
replaced by the words "persons other than the user" and the words "the holder of the
payment instrument "shall be replaced by the word" user ".
115. In section 102 paragraph. 1 (b). (b)) after the word "for", the words "previously
issued "and" issued to the holder of the payment instrument has previously "shall be deleted.
116. In section 102 paragraph. 1 (b). (c)) the introductory part of the provisions of the words
"the holder of the payment instrument" shall be replaced by the word "user".
117. In section 102 paragraph. 1 (b). (d)), the words "the holder of the payment instrument"
shall be replaced by the word "user".
118. In section 102 paragraph. 2 the words "Publisher payment instrument"
replaced by the word "provider" and the words "the holder of the payment
resource "shall be replaced by the word" user ".
119. In § 103 para. 1 introductory part of the provisions, the words "of the payer's"
replaced by the words "in the case of a payment transaction to which gives the payment
the recipient command or through a payee, the payer, the payer "and
the words "carried out on the initiative of the recipient" shall be deleted.
120. In paragraph 103, paragraph 5 shall be deleted.
121. In § 104 paragraph. 2 the word "initiative" is replaced by "gives
payment order ", the word" agreed "shall be replaced by the word" agree "and
the words "for the purposes of section 106 paragraph. 4, section 109 and section 111 to 113 "shall be deleted.
122. In § 105 para. 1 the term "adoption" is replaced by "design".
123. In § 105 para. 1, the last sentence shall be deleted.
124. In § 106 paragraph. 3 the first sentence, the words "on the initiative of the recipient" shall be replaced by
the words "to which gives the payment order to the beneficiary or the payer
by means of the recipient ".
125. In § 106 paragraph. 3, the last sentence shall be deleted.
126. In § 107 para. 2 the words "initiated by the payer" shall be replaced by "to the
which gives the payment order to the payer "and the words" on the initiative of the beneficiary "
replaced by the words ", which gives the payment order to the beneficiary or the payer
by means of the recipient ".
127. section 109 including title:
"§ 109
The deadline for the crediting of funds to the account of the recipient's provider
(1) the provider of the payer shall ensure that the funds have been credited
on the account of the provider of the recipient no later than the end of the following
working day following the point in time of acceptance of the payment order.
(2) the payer and provider can agree on working time limit 1
the day is longer than the period referred to in paragraph 1, in the case of payment
transaction in the
and the pound sterling), which is given by the paper payment order and
does not include currency conversion,
(b)) to the euro currency, which is given by the paper payment order and that includes
currency conversion between the euro and the currency of the Member State in whose territory the
currency exchange occurs, or
(c)) the Czech currency, which is carried out exclusively within the territory of the Czech Republic and
includes a different currency conversion than the shift between the Czech currency and the euro currency.
(3) the payer and provider can agree a deadline of 3 working
days longer than the period referred to in paragraph 1, in the case of payment
transaction in the
and the pound sterling), which includes currency conversion between the euro and another currency
than the currency of the Member State on whose territory the currency exchange occurs
(b)) the Czech currency, which is not carried out exclusively within the territory of the Czech Republic,
or
(c)) the currency of another Member State with the exception of the euro currency.
128. In paragraph 110 of the final part of the provision, the words "or for a payment account
denominated in a currency other than the Member State "shall be deleted.
129. In paragraph 111, the words "and 110 shall not apply" shall be replaced by "
does not apply ".
130. In the heading of section 113, the words "on the initiative of the recipient" shall be replaced by ",
to which gives the payment order to the beneficiary or the payer through
the recipient ".
131. In section 113 para. 1 the words "on the initiative of the beneficiary, to which was given to
consent for use of the payment instrument "shall be replaced by the words" to which
gives the payment order to the payer by the payee or beneficiary ".
132. In § 117 paragraph 1. 6, the words "on the initiative of the recipient" shall be replaced by ",
to which gives the payment order to the beneficiary or the payer through
the recipient ".
133. In § 118 paragraph. 1 the words "initiated by the payer" shall be replaced by "to the
which gives the payment order, the payer's ".
134. In § 118 paragraph. 2, the words "on the initiative of the recipient" shall be replaced by ",
to which gives the payment order to the beneficiary or the payer through
the recipient ".
135. In article 119, paragraph 3 shall be deleted.
136. In paragraph 120, paragraph 3 shall be deleted.
137. In paragraph 123, the second sentence shall be deleted.
138. In part four, title II, including the title reads as follows:
"TITLE II
RIGHTS AND OBLIGATIONS IN THE ISSUANCE OF ELECTRONIC MONEY
§ 124
Agreement on the issue of electronic money
(1) the Publisher publishes the electronic money on the basis of the Treaty on the issue of
electronic money, concluded with the holder. The rights and obligations
the Publisher and the holder in the execution of payment transactions, which are
related to outstanding electronic money shall be governed by the provisions governing the
the contract on payment services.
(2) the Publisher is issuing electronic money against the acceptance of
funds in the amount corresponding to the nominal value of the issued
electronic money.
(3) the Publisher shall provide the holder of the interest or other benefits depend
on the length of time during which the holder of the electronic money held.
Redeemability of electronic money
section 124a
(1) the return in Exchange for the purposes of this Act, the exchange of
electronic money for banknotes, coins or non-cash money
resources in the amount corresponding to the nominal value of the
electronic money, carried out by the Publisher on request of the holder. The holder of the
may ask the Publisher for redemption at any time.
(2) if so requested by the holder of a redemption prior to the date of termination of the legal
the relationship of the Treaty on the issue of electronic money, does the Publisher
redemption in the extent to which the holder requests it.
(3) if so requested by the holder of the redemption on the day of termination of the legal relationship of
the Treaty on the issue of electronic money, or within 1 year after that date,
does the Publisher of redemption in its entirety. If you cannot determine
What part of funds received by electronic money institutions
or the issuer of electronic money is intended for small scale
payment transactions that pertain to electronic money, the
the right of redemption to all received funds, and the
to the extent in which the holder of the redemption requests.
(4) the right of redemption will not be limited, as long as the legal relationship of
agreement on the issue of electronic money.
section 124b
(1) the Issuer shall inform the holder definitely and clearly on the conditions
the reverse exchange in sufficient time before the holder is
agreement on the issue of electronic money is bound to.
(2) the holder is not bound by its proposal on conclusion of the contract for the issue
electronic money, if it did before it was in accordance with the
paragraph 1 shall be informed about the terms of the reverse exchange.
(3) if the agreed consideration for the right Publisher to perform reverse
Exchange, belongs to the Publisher of this remuneration only if the holder of the
ask for redemption prior to the date of termination of the legal relationship of the Treaty on the
the issue of electronic money, or more than 1 year after that date, or
If the holder of the contract on the issue of electronic money, which
was concluded for a fixed term. Remuneration shall be proportionate and shall
correspond to the real cost of the Publisher.
section 124 c
If the person receiving the redemption of electronic money, which
is not a consumer, section 124a of paragraph 1. 2 and 3 and section 124b of paragraph 1. 3 shall not apply. In
this case is governed by the terms of the reverse exchange on the issue of
electronic money. ".
139. In paragraph 125 of paragraph 1. 1 (b). a), the words "or 3" shall be deleted.
140. In paragraph 125 of paragraph 1. 1 (b). (g)), the word "breach" is replaced by
"fail".
141. In paragraph 125 of paragraph 1. 1 (b). (h)), the words "violates the prohibition to entrust" shall be replaced by
the word "entrust" and the words "in accordance with § 25" shall be replaced by the words "in violation of §
26. "
142. In paragraph 125 of paragraph 1. 2 (a). (b)), the number "40" is replaced by "37".
143. In paragraph 125 of paragraph 1. 2 at the end of subparagraph (c)) the following the word "or".
144. In paragraph 125 of paragraph 1. 2 letter d) is added:
"d) contrary to section 44 para. 2 will provide the user interest or other benefit
dependent on the length of time that the funds entrusted to him to
execution of a payment transaction. ".
145. In paragraph 125 of paragraph 1. 2, letter e) repealed.
146. In paragraph 125 of paragraph 1. 3 (b). and) the words "for the purpose" shall be replaced by
the "k".
147. In paragraph 125 of paragraph 1. 3 (d)) shall be deleted.
Subparagraph (e)), and (f)) shall become points (d) and (e)).)
148. In paragraph 125 of paragraph 1. 4 (b). and) the words "or e)" shall be deleted and the words "e)
or (f)) "shall be replaced by" d) or (e)) ".
149. In paragraph 125 of paragraph 1. 4 (b). (c)), the words "or (d))" shall be deleted.
150. section 126 including the title reads as follows:
"§ 126
Administrative offenses electronic money institutions and publishers
small-scale electronic money
(1) an electronic money institution has committed misconduct by
and notifies the data change) according to § 48 para. 3 or 4,
b) contrary to section 50 shall not issue funds to the holders or
users,
c) fails to comply with any of the requirements of capital pursuant to § 52a,
d) breach of an obligation relating to the management and control system under section
52c,
e) contrary to section 52 h of paragraph 1. be issued by the electronic money through
any other person in the issuance of electronic money, acting on behalf of
f) provides payment services through a commercial agent, which
does not meet the conditions laid down in § 52 h of paragraph 1. 2,
g) fails to comply with the obligation of notification according to § 52 h of paragraph 1. 3 or § 52j para. 1,
h) entrusts significant performance operational activities relating to the issuance of
electronic money or to provide payment services to another person in
contrary to section 52j para. 2, or
I) fails to comply with the obligation of notification according to § 52 para. 1.
(2) the Issuer of electronic money small scale is committed by the administrative
tort by
and issuing electronic money) or provides payment services that are
apply to electronic money in violation of § 53 para. 2,
(b)) provides payment services that do not apply to electronic money in
violation of § 53 para. 3,
(c) to notify the change data by) section 56,
d) contrary to section 58 shall not issue funds to the holders or
users, or
e) contrary to section 59 paragraph 1. 2 will provide the user interest or other benefit
dependent on the length of time that the funds entrusted to him to
execution of a payment transaction.
(3) an electronic money institution or publisher of electronic money
small scale is committed by the administrative offense by
and fails to comply with any of the requirements) of the funds, the
the adoption of electronic money have been issued or entrusted to them to
execution of the payment transaction under section 52e,
(b) fails to comply with information requirements) under section 52k, or
(c)) does not retain the documents or records under section 52 l.
(4) an administrative offense shall be fined in the
and $ 10 000 000), in the case of an administrative offence referred to in paragraph 2 (a). (c))
or (e) or paragraph 3 (b)). b) or c)
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). a), (c))
to (i)),
(c)) $ 50 000 000 in the case of an administrative offence referred to in paragraph 1 (b). (b)),
paragraph 2 (a). a), b) or (d) or paragraph 3 (b)). a).“.
151. section 127, including the title shall be deleted.
152. § 129 including title:
"§ 129
Administrative offenses of the operator and participant of the payment system with
finality of settlement
(1) the operator of a payment system with the finality of settlement is
committing an administrative offense, by
and) contrary to section 67 para. 1 publish a rule change the system without
the consent of the Czech National Bank,
(b) fails to notify the change to the data) pursuant to § 72 para. 3, or
(c) fails to comply with information requirements) under section 73b paragraph 1(a). 1.
(2) the operator of a payment system with the finality of settlement is
based in the Czech Republic has committed the administrative offence by
and with the payment system) operates the finality of settlement in breach of
§ 70 para. 2,
(b) fails to comply with the notification requirement) section 73a, or
(c) fails to comply with information requirements) under section 73b paragraph 1(a). 3.
(3) the participant payment system with the finality of settlement commits
the administrative offense by breach of information duties under section 73b paragraph 1(a).
2 or § 73 c.
(4) the participant of foreign payment system with the finality of
clearing is guilty of an administrative offense by information breaches
the obligation under § 73d.
(5) an administrative offense shall be fined in the
and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (c)),
paragraph 2, 3 or 4,
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)
or (b)). ".
153. In article 130, paragraph 1 reads:
"(1) the provider is guilty of an administrative offense by consistently
and) violates the obligation under section 79, 80, 88, § 92 para. 3, §
93, or § 94 paragraph. 2,
(b)) violates the obligations relating to the changes to the framework of the contract pursuant to § 94
paragraph. 1 or 5,
c) speaks volumes of a framework contract concluded for an indefinite period in violation of §
96,
d) blocks the payment instruments in violation of § 100,
e) violates the obligations relating to the refusal of a payment order under section
paragraph 105. 1 or 2,
(f) does not comply with the time limits for implementation) payment transactions under section 109 to
113, or
g) contrary to section 114 para. 3 does not make funds available
recipient. ".
154. In paragraph 130 paragraph 1. 2 the words "does not provide or make available to the payer
information pursuant to § 86 para. 1, 89 or 91 "shall be replaced by the words" violates the
information obligations pursuant to § 86 para. 1, § 89 or 90 ".
155. In paragraph 130 paragraph 1. 3 the words "does not provide or make available to the recipient
information pursuant to § 87 para. 1 "shall be replaced by the words" breach information
obligations pursuant to § 87 para. 1 or section 91 ".
156. In paragraph 130 paragraph 1. 4, the words "Publisher payment instrument"
replaced by the words "the provider which issues means of payment," and
the words "violates any of the obligations" shall be replaced by the words "violates the
the obligations ".
157. In paragraph 130 paragraph 1. 5, the words "reduction" is replaced by "done
collision ".
158. In the title of § 131, the words "electronic money" shall be deleted.
159. In paragraph 131, paragraph 1 reads:
"(1) the Publisher committing an administrative offense, by
and issuing electronic money) contrary to section 124 para. 2,
(b)) provides the holder of the interest or other benefits contrary to section 124 para. 3,
(c)) does not make a redemption under section 124a of paragraph 1. 2 or 3, or
d) violates the obligations under section 124b of paragraph 1. 1. ".
160. In § 132 paragraph. 1 (b). and provide) the words "payment service, or
issues a "are replaced by the words" provides payment services or issues "and the word
"or" is deleted.
161. In § 132 paragraph. 1 (b). (b)), the word "indicates" shall be replaced by
"conceal".
162. In section 132, the dot at the end of paragraph 1 shall be replaced by "or", and
the following point (c)), which read as follows:
"c) fails to comply with the obligation of notification according to § 51 para. 1. ".
163. In article 132, paragraph 1, the following paragraph 2 is added:
"(2) a legal or natural person conducting business under the supervision of the United
the National Bank has committed the administrative offence by
and) fails to provide the Czech National Bank supervisory information needed
or the explanation under section 135a of paragraph 1. 3, or
(b)) does not perform within the period prescribed some of the corrective measures under section
135d paragraph 1. 1 (b). (b)) to (i)). ".
The former paragraph 2 becomes paragraph 3.
164. In § 132 paragraph. 3 of the introductory part of the provisions, the words "referred to in paragraph
1 "shall be deleted.
165. In § 132 paragraph. 3 the following letter a), which reads as follows:
"and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). c),“.
Subparagraph a) and b) shall become point (b)), and (c)).
166. In § 132 paragraph. 3 (b). (b)), the words "(a), (b))" shall be replaced by
"paragraph 1 (b). (b)), or to paragraph 2 ".
167. In § 132 paragraph. 3 (b). (c)), the words "(a))" shall be replaced by
"paragraph 1 (b). and) ".
168. In § 133 paragraph 2. 1 introductory part of the provisions, the words "in the
Community ^ 2) "is replaced by" in the European Union ^ 2) ".
169. In § 134 para. 1 (b). and provide) the words "payment service, or
issues a "are replaced by the words" provides payment services or issues "and the word
"or" is deleted.
170. In paragraph 134, the dot at the end of paragraph 1 shall be replaced by "or", and
the following point (c)), which read as follows:
"c) fails to comply with the obligation of notification according to § 33 para. 1. ".
171. In § 134 para. 2, the following new subparagraph (a)), which read as follows:
"and $ 5 000 000), if the offence referred to in subparagraph (c))".
Subparagraph a) and b) shall become point (b)), and (c)).
172. In paragraph 135 para. 4, the second sentence shall be deleted.
173. As part of the fifth part six shall be inserted, which including the title reads as follows:
"PART SIX
SUPERVISION
section 135a
(1) the Czech National Bank shall exercise supervision over the compliance with the obligations
and payment institutions) the payment service provider of a minor nature,
electronic money institutions, and the Publisher of a small electronic money
extent provided for in this Act or other legislation
governing the procedure for the exercise of activities, that these persons are entitled to
may exercise under this Act,
(b) the operator's payment system with) the finality of settlement is
based in the Czech Republic and a participant of the payment system with
finality of settlement provided for in this Act or other legal
Regulation governing the procedure for the operation of the payment system with
finality of settlement and
c) provider and Publisher established by this Act or similar
the provisions of the legislation of other Member States, the Governing
the legal relationship of the payment service contract or the contract of Edition
electronic money, or directly applicable European Union law
governing the cross-border payments in the EU ^ 2).
(2) supervision over compliance with the obligations referred to in paragraph 1 (b). (c))
the Czech National Bank carries out if relate to the activities, which
provider or Publisher with headquarters or place of business in
and the Czech Republic) performs in the Czech Republic,
(b)) in the Czech Republic shall be exercised by foreign countries through a branch or in the
the other permanent presence, or
(c)) the Czech Republic is exercised in a Member State other than
through a branch or otherwise than in the context of other permanent presence.
(3) a person under the supervision of the Czech National Bank are required to
to provide the Czech National Bank in exercising supervision required information
and the necessary explanations; This applies to the operators of the payment
system with the finality of settlement established in another Member State
When considering the fulfilment of the conditions of performance of its operations.
§ 135b
(1) for the duty of confidentiality in the exercise of supervision pursuant to this Act
shall apply mutatis mutandis to the provisions of the law governing the activity of the bank
obligations of confidentiality in the performance of banking supervision.
(2) the Czech National Bank cooperates with the authorities of other Member States
supervising persons authorized to provide payment
service or to issue electronic money, with central banks of other
Member States, where appropriate, with the European Central Bank.
(3) the Czech National Bank passes the authorities of other Member States
executing the supervision of foreign credit institutions or
foreign electronic money institutions all significant
information, in particular information about the fact that a person under the supervision of the
authorities had infringed the obligation relating to the exercise of activities which are
the person entitled to exercise under this Act.
section 135 c
Check on the spot
(1) the Czech National Bank may undertake on-site inspection in person
subject to its supervision, with its sales representative or for other
of the person through which the person carries out the operational activities of
relating to the activities, that it is entitled to exercise under this
the law.
(2) the Czech National Bank in another Member State may carry out checks on the
place for persons subject to its supervision, with its sales representative
or for another person, through which the person carries out operational
activities related to the activities that it is entitled to exercise pursuant to
This law, if it shall notify the supervisory authority of that other
of a Member State. At the request of the Czech National Bank can control the
the place also this supervisory authority of another Member State.
(3) the supervisory authority of another Member State may perform in the Czech Republic
monitoring in place for persons subject to its supervision, for its business
representative or other persons through which the person carries on
the operational activities related to the activities that it is entitled to
may exercise under this Act, if it notifies the Czech National Bank.
At the request of the supervisory authority of another Member State can monitor
ground the Czech National Bank.
(4) in the case of the person who is reasonably suspected that illegally provides payment
services or e-money, issued by the Czech national
the Bank shall carry out checks on the spot, to the extent that is necessary to
establish the facts concerning the actions that this suspect
is based.
§ 135d
Measures to remedy the
(1) If a person subject to supervision by the Czech National Bank breach
the obligation laid down by this Act or other legislation
governing the procedure for the exercise of activities which is this person authorised to
may exercise under this Act, the Czech National Bank according to the nature of the
the observed lack of save that person to
and within the prescribed period) jumped into the axle,
(b)) did not perform the activities that it is entitled to exercise under this
Act, or some of them, as long as they do not redress,
(c)) at its own expense make an extraordinary audit
(d) replaced its auditor) are subject to the conditions for unilateral
termination of the contract of statutory audit under the Act
relating to the Auditors,
e) replaced its leading person
f) did not perform the activities that it is entitled to exercise under this
law, through a commercial agent,
g) did not perform the activities that it is entitled to exercise under this
law, through a branch in the host Member State,
h) limited the performance of some operational activities relating to the
activities, that it is entitled to exercise under this Act,
through another person, or that these activities through other
the person did not perform, or
I) handling of funds, entrusted to implementation
the payment transaction or the receipt issued electronic
the money, the only manner.
(2) measures to remedy pursuant to paragraph 1. f) or (g)), the Czech
National Bank save a payment institution or to the institution of electronic
money even if it has reasonable grounds to suspect that, in connection with the
the performance of the activities that these persons are entitled to exercise pursuant to
This Act, through a branch or sales representative in
the host Member State may increase the risk of legalization
the proceeds of crime or financing of terrorism.
(3) a person under the supervision of the Czech National Bank, the Czech national
the Bank imposed a remedy pursuant to paragraph 1, it shall inform the Czech
National Bank without undue delay to correct the deficiency and
How to rectify the situation.
section 135e
Accept input
Acceptance by the Czech National Bank proceedings ex officio ^ 7)
in the matter of a violation of the obligations of the provider or Publisher specified
This Act or similar provisions of the legislation of another
the Member State which govern the legal relationship of the Treaty on the payment
services, or from the Treaty on the issue of electronic money, or directly
the applicable law of the European Union governing the cross-border payments in
The European Union ^ 2), responds to him within 60 days from the date when the complaint was
even if the person who filed the complaint, did not apply. If appropriate,
account, inform the Czech National Bank at the same time about the possibility of
out-of-court settlement of disputes between or among users and providers of
the holder and issuer under other legislation ^ 8).
section 135f
Fine won
(1) the Czech National Bank may, in the exercise of supervision pursuant to this Act for
conditions laid down in the administrative regulations, or the law governing the performance of the
State control, impose a fine up to Czk 500 000.
(2) you can save fined repeatedly. The sum of the fines imposed as follows
for the same deed shall not exceed the amount of Eur 2 500 000.
(3) income from fines by the State budget revenue. ".
The existing part six shall be renumbered as part seven.
174. In paragraph 136, the dot at the end of paragraph 1 is replaced by a comma and the following
the letters e) and (f)), which read as follows:
"e) a list of the payment systems with the finality of settlement and
(f)) list of participants of the foreign payment system with the finality of
clearing, who have their head office or place of business in the Czech Republic. ".
175. In § 136 paragraph 2 and 3 shall be added:
"(2) in the lists and registers referred to in paragraph 1 (b). a) to (d)) shall be entered
also information on payment services provide is registered
a person shall be entitled to, and the branch offices, by means of which it is registered
person authorised to provide payment services or supply electronic
money. In the lists and registers referred to in paragraph 1 (b). and) to d)
also written details of the business representatives, through which it is
registered person authorised to provide payment services.
(3) to the list referred to in paragraph 1 (b). (e)) is also written data on the
operators and participants in a payment system with the finality of
the showdown. In the list referred to in paragraph 1 (b). (f)) is written also an indication of
the system operator, which is a registered person to the participant, and on the legal
regulations governing the legal relationship between the participants in that system when you
the implementation of the settlement. ".
176. In § 136 paragraph 3, the following paragraph 4 is added:
"(4) in the lists and registers referred to in paragraph 1 shall be entered at least
and legal persons) in the business name or the name, registered office and identification
number of the person, if any, and
(b) the natural person) in the business name or name and surname, address
place of residence or place of business, and the identification number of the person if
allocated. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
177. § 136a-§ 138 and 140, including the headings are deleted.
178. § 142 including title:
"§ 142
A mandate
The Czech National Bank issues a decree in accordance with § 9 para. 3, § 11 (1) 2, section 17
paragraph. 4, § 18 para. 6, section 20 (2). 4, § 23 para. 3, § 26 para. 4, section 27
paragraph. 2, § 29 para. 2, § 37 para. 3, § 39 para. 2, § 47 para. 3, § 48
paragraph. 4, § 52a para. 5, § 33 para. 4, § 52c para. 6, section 52e para. 4, §
52 h of paragraph 1. 4, § 52j para. 4, § 52k para. 3, § 52 para. 2, § 54 para. 3,
§ 56 para. 2, § 71 para. 3, § 72 para. 4 and section 73b paragraph 1(a). 5. ".
179. section 145 reads as follows:
"§ 145
(1) to 1. January 2012, a payer and his can provider agree
the deadline of 2 working days longer than the period provided for in § 109 paragraph. 1,
in the case of the payment transaction in the currency of the euro; § 109 paragraph. 3 (b). and)
This is not affected.
(2) to 1. January 2012 § 109 paragraph. 2 Accordingly, if it is about
the payment transaction in the Czech currency, which is carried out exclusively in the territory of
The United States and includes a currency conversion between the Czech currency and the euro currency.
(3) in the case of a payment transaction, which is given by the paper payment
command, the period referred to in paragraph 1, on the next working day. ".
Article. (II)
Transitional provisions
1. electronic money institutions or foreign institutions
of electronic money, which was at the date of entry into force of this Act
authorised to issue electronic money in accordance with the existing laws,
regulations, the date of entry into force of this Act, to 30. October 2011
issuing of electronic money based on their authorization to
the activities of electronic money institutions. In doing so, it shall follow the
the existing legislation; This is without prejudice to point 5.
2. the Issuer of electronic money is small, which was, at the date
entry into force of this Act shall be entitled to issue electronic money
According to the existing legislation, the date of entry into force of
This Act 30. April 2012 to issue electronic money on the basis of
their previous registration of the Publisher of a small electronic money
the range. In doing so, it shall follow the existing legislation; section 5
This is not affected.
3. the application for authorisation to the activities of electronic money institutions from the
before the date of entry into force of this law, which has not been decided to
the effective date of this Act, the date of entry into force of this
the law considers the application for a permit for the operation of the institution
electronic money pursuant to section 47 of Act No. 284/2009 Coll. on the payment
contact, in the version in force from the date of entry into force of this Act; section 4
This is not affected. Application for entry in the registry of issuers of electronic
money from the small scale before the date of entry into force of this Act,
that was not decided until the date of entry into force of this Act,
the effective date of this Act shall be deemed to be an application for entry in the
the registry of issuers of electronic money is small according to § 54
Act No. 284/2009 Coll., on the system of payments, in the version in force from the date of
entry into force of this Act.
4. the application for authorisation to the activities of electronic money institutions from the
before the date of entry into force of this Act shall be considered a request for
enabling the business of electronic money institutions, pursuant to section 47 of law No.
284/2009 Coll., on the system of payments, in the version in force from the date of acquisition
of this Act, if the applicant before issuing a decision on the
This application requests it. The legal effect of the decision on grant of authorisation to
the activities of the electronic money issued by the institution on the basis of this request, the
will occur soon as the effective date of this Act.
5. The legal relationship between the issuer and the holder of the electronic money
electronic money is the effective date of this Act, be governed by the
by law no 284/2009 Coll., on the system of payments, in the version in force from the date of
entry into force of this Act, even if it arose prior to the date of application
the effectiveness of this Act. The emergence of these relations, as well as
individual claims, which of these legal relations arose before the date
entry into force of this Act, shall, however, be assessed in accordance with the existing
legislation.
6. Authorisation for the operation of the payment system with the finality of
clearance granted in accordance with the existing legislation on the acquisition of
the effectiveness of this Act be deemed to permit the operation of a payment
system with the finality of settlement pursuant to section 71 of the Act No. 284/2009 Coll.,
on payment systems in the version in force from the date of entry into force of this
the law. The operator of a payment system with the finality of settlement on the
the basis of an authorisation granted in accordance with the existing legislation, a day
entry into force of this Act, be deemed payment provider
system with the finality of settlement pursuant to section 70 of Act No. 284/2009 Coll.,
on payment systems in the version in force from the date of entry into force of this
the law.
7. the operator of a payment system with the finality of settlement on the
the basis of an authorisation granted in accordance with the existing legislation shall indicate the
their ratios in accordance with part three of the law no 284/2009 Coll. on the payment
contact, in the version in force from the date of entry into force of this Act,
not later than 3 months from the date of entry into force of this Act. Until that
the period of activity set out in adheres to the rules of section 65 of Act No. 284/2009
Coll. on the payment system, in the version in force from the date of entry into force of
This law, mutatis mutandis.
8. Payment System with the finality of settlement operated on the basis of
the authorisation granted in accordance with the existing legislation on the acquisition of
the effectiveness of this Act be deemed payment system with the finality of
clearing pursuant to section 62 of Act No. 284/2009 Coll., on payment systems in the
the version in force from the date of entry into force of this Act.
9. an application for authorization to operate a payment system with
finality of settlement made before the date of entry into force of this
the law, which was not decided until the date of entry into force of this
the law, the effective date of this Act, the application shall be
authorisation for the operation of the payment system with the finality of settlement
pursuant to section 71 of the Act No. 284/2009 Coll., on the system of payments, in the version in force
from the date of entry into force of this Act.
10. Legal relationships arising in connection with the operation of the payment
system with the finality of settlement or the participation in it is the date of application
the effectiveness of this law governed by Act No. 284/2009 Coll. on the payment
contact, in the version in force from the date of entry into force of this Act, even if the
arose prior to the effective date of this Act. The emergence of these
legal relations, as well as claims arising from them before the day of acquisition
the effectiveness of this law, shall, however, be assessed in accordance with the existing laws,
regulations.
Article. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 284/2009 Coll., on payments, as derived from the laws of the
changing.
PART TWO
Amendment of the Act on capital market
Article. (IV)
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. and act
No. 41/2006, is amended as follows:
1. in footnote 1 at the end of a second separate line
the words ", as amended by the directive of the European Parliament and of the Council
2009/44/EC '.
2. At the end of footnote 1, the following shall be added to a separate line
the words "European Parliament and Council Directive 2009/44/EC of 6 May 1999.
May 2009 amending Directive 98/26/EC of finality
in payment systems and settlement systems
Securities and Directive 2002/47/EC on financial collateral agreements,
as regards linked systems and credit claims. ".
3. In Article 2a, paragraph 2. 1 (b). a), the words "and electronic money institutions"
shall be deleted.
4. In section 8, section 124 para. 5, and in section 126 paragraph. 5, the words ' the institution of the
electronic money ' shall be deleted.
5. In section 10 d of paragraph 1. 3 (b). (b)), the words "institutions, electronic
money, ' shall be deleted.
6. Part seven including title and footnotes # 30 and 31:
"PART SEVEN
SECURITIES SETTLEMENT SYSTEM WITH THE FINALITY OF SETTLEMENT
TITLE I OF THE
BASIC PROVISIONS
§ 82
Securities settlement system with the finality of settlement
(1) the securities settlement system with the finality of settlement is a system
and) that has at least 3 participants referred to in § 84 paragraph. 1 (b). a) to (g)),
(b)) that performs the settlement [section 83 (a))] on the basis of specified
the rules,
(c)), whose participants at least one of which has its registered office or Central Administration in the United
Republic, agreed that the legal relationship between them in the implementation of
the settlement governed by Czech law, and
(d)) whose existence of the Czech National Bank has announced the European Commission pursuant to §
90 g of paragraph 1. 1 or 2.
(2) the Foreign securities settlement system with the finality of settlement is the
securities settlement system, whose existence the European Commission announced
authority of another Member State under the legislation of the European Union relating to the
finality of settlement systems ssss
papers ^ 30).
(3) the securities settlement system with the finality of settlement and participation in this
the system is based in the Treaty.
section 83
The definition of some terms
For the purposes of this Act, means the
and) settlement
1. set-offs of investment instruments,
or
2. compliance with the mutual debt of the investment instruments transfer shops
investment instruments or funds,
(b)) by the settlement instruction by a participant with a securities settlement system
finality of settlement or entrant's or system operator
linked under section 89, based on which it is to be in accordance with the rules
the securities settlement system with the finality of settlement (hereinafter referred to as "the rules of the
system ") carried out the settlement,
(c)) a central counterparty, the person who enters the settlement between
the participants of a securities settlement system with the finality of settlement referred to in
§ 84 paragraph. 1 (b). a) to (g)), or m) as their exclusive counterparty,
d) settlement agent, the person who leads to the participants of a securities settlement system with
finality of settlement referred to in § 84 paragraph. 1 (b). a) to (g)), and)
or m) account, on which the settlement,
e) collateral person who performs settlement netting set
the mutual claims of the participants with the finality of a securities settlement system
the settlement referred to in § 84 paragraph. 1 (b). a) to (g)), i), (j)) or m),
(f) the operating rules of the system date) set out, regularly recurring
the period during which securities settlement system with the finality of settlement accepts
and carries out the commands to the settlement and other tasks with this settlement
related.
§ 84
Participant of the securities settlement system with the finality of settlement
(1) a participant in the securities settlement system with the finality of settlement may
only be
and) the Bank,
(b)), savings and credit cooperative,
c) a securities dealer,
(d)) a foreign person, whose business corresponds to the activity of some
of the persons referred to in points (a) to (c)))
e) a legal person under public law or a legal person, the
all the obligations of the person is guaranteed by public law,
(f)), Czech National Bank, foreign central bank or the European
the Central Bank,
g) a legal person with a special status, which is excluded from the
the scope of the regulation the European Union governing access to the activity
credit institutions and its performance ^ 31),
(h) the operator of a securities settlement system) with the finality of settlement (section
90),
I) a central counterparty
j) a settlement agent,
k) clearing house,
l) a person who performs similar activities as one of the persons referred to
in subparagraphs (h)) to) in a payment system with the finality of settlement,
in the foreign securities settlement system with the finality of settlement or in
foreign payment system with the finality of settlement, or
m) a person not listed in points (a) to (l))), that it is appropriate in light of
on the degree of systemic risk arising from the scope of its activities.
(2) the activities of a central counterparty, settlement agent or clearing house
institutions can be carried out by several participants in the securities settlement system
with the finality of settlement.
TITLE II
OPERATING A SECURITIES SETTLEMENT SYSTEM WITH THE FINALITY OF SETTLEMENT
Rules of the system
§ 85
(1) the operator of a securities settlement system with the finality of settlement
lays down the rules of the system.
(2) the rules governing the system of at least
and the business name or name), registered office and identification number, if
granted, the operator of a securities settlement system with the finality of
settlement,
(b) conditions for participation in a securities settlement) system with the finality of
the settlement, which must be transparent and must include the objective
the criteria for access to the system with the finality of settlement
the settlement; the person with a registered office or place of business in another Member
State of the European Union must not be a disadvantage of other than economic
reasons,
(c) the rights and obligations of the parties) the securities settlement system with the finality of
the settlement resulting from their participation in this system,
(d)) the manner and the detention conditions of the obligations arising from participation in
securities settlement system with the finality of settlement,
(e) the manner and terms of the settlement), including the establishment of a procedure for repair
errors arising during the settlement,
(f)) the details of the settlement, how to order and the conditions of its entry into
the securities settlement system with the finality of settlement,
g) information that the participant with the finality of a securities settlement system
the settlement provides the operator of a securities settlement system with
the finality of settlement for the performance of its duties, and the way they
the provision,
h) measures that the operator of a securities settlement system with can
finality of settlement of a claim against a participant in the settlement
system with the finality of settlement, and the procedure for their implementation,
I) a timetable for the implementation of the settlement, including the schedule of individual
the stages in which the settlement takes place,
j) definition of the operating day,
to) the time that the order for the settlement be considered adopted
securities settlement system with the finality of settlement,
l) the time that the order for the settlement entered into settlement
system with the finality of settlement considered unilaterally
irrevocable, and the technical conditions for the security of its
finality,
m) investment tools and the currency in which the settlement is carried out and
n) access rules to the risks, which include at least
1. the risks to which the securities settlement system with the finality of settlement is the
or may be exposed, including systemic risk, operational risk,
liquidity risk and credit risk,
2. the procedures of recognition, evaluation, measurement, monitoring and reporting
risks and
3. the procedures for the adoption of measures to reduce risks, including
the determination of the appropriate conditions for participation in a securities settlement system
finality of settlement.
§ 86
(1) the operator of a securities settlement system and the other participants with
finality of settlement shall comply with the rules of the system.
(2) the rules of the system, as amended shall be published in the manner
allowing remote access and must be open to inspection by the public at the registered office
the operator of a securities settlement system with the finality of settlement in its
Office hours. If the operator of a securities settlement system with
finality of settlement will establish a place of business shall be rules of the system
for consultation by the public in this establishment.
§ 87
Changing the rules of the system
(1) change the rules of the system becomes effective at the moment of publication,
unless otherwise provided by the operator of a securities settlement system with the finality of
a moment later the settlement efficiency. Change the rules of the system cannot be
publish, as long as the Czech National Bank has given its approval to the change.
(2) a participant in the procedure for granting consent to change the rules of the system is
only the operator of a securities settlement system with the finality of settlement.
Unless the Czech National Bank decision on the request for consent
to change the rules of the system within one month from the date of receipt of the application,
rule, that consent has been granted.
The finality of the order for the settlement
§ 88
(1) from the date provided for in the rules of the system cannot command to
the settlement unilaterally revoke.
(2) the bankruptcy decision or decision or other action of a public
can be introduced to stop or limit settlement, to the exclusion or
restrictions on the use of financial instruments or funds to
the account to which the settlement, or the exclusion or limitation of
exercising the right to satisfaction of the secure do not affect the
and, effectiveness) the validity or enforceability of the settlement if the
This statement was adopted by the settlement system with the finality of
settlement prior to the release of this decision or before performing this
intervention,
(b)) the ability to use tools or investment funds on account
participant in the securities settlement system with the finality of settlement, on which
settlement is carried out, to the fulfilment of the obligations incurred in the
securities settlement system with the finality of settlement or in the system
linked under section 89, if an investment instrument or cash
resources are used during the operating day during which
There was a release of this decision, or for the implementation of this intervention, and
(c)), the effectiveness or enforceability of the right to the satisfaction of securing
provided by the participant or the operator of a securities settlement system with
finality of settlement or a linked system, pursuant to section 89.
(3) to exclude the effects of the bankruptcy decision or decision or other
intervention by the public authority referred to in paragraph 2 (a). and) occurs even if,
that was the order for the settlement received a securities settlement system with
finality of settlement after the release of this decision or after
implementation of this intervention, if
and) settlement is carried out during the operational day, during which there has been
to the date of this decision or to implement this intervention, and
(b) the operator of a securities settlement system) with the finality of settlement
It was not, at the time when the order for the settlement became irrevocable by
paragraph 1, the date of this decision or the implementation of this intervention
notified and was not otherwise be known; the fact that the
the bankruptcy decision was published in the insolvency register itself
each other does not mean that this decision was the operator of a securities settlement
system with the finality of settlement known or should be known.
(4) the bankruptcy decision or decision or other action of a public
power referred to in paragraph 2 does not have retroactive effects on the rights and obligations that
in the securities settlement system with the finality of settlement or in
the system of interconnected according to § 89 before the release of this decision or before
You can perform this action.
System link
§ 89
(1) if the operator of a securities settlement system with the finality of
the settlement of treaty system link with another operator
with the finality of settlement of a securities settlement system, payment system
with the finality of settlement, the foreign securities settlement system with
finality of settlement or the foreign payment system
finality of settlement allowing the mutual execution of commands to
the settlement will not constitute the new settlement system with the finality of
the settlement.
(2) if possible, the operator of a securities settlement system with
finality of settlement shall ensure that the rules of the system and rules
a linked system referred to in paragraph 1 was coordinated as regards
moment to which the order for the settlement considered unilaterally
irrevocable, and the instant, to which such an order it considers
adopted by the system. Unless otherwise agreed by the parties in the contract referred to in paragraph 1
otherwise, the rules of connected systems when it comes to these moments,
independently of each other.
TITLE III
THE OPERATOR OF A SECURITIES SETTLEMENT SYSTEM WITH THE FINALITY OF SETTLEMENT
§ 90
(1) the operator of a securities settlement system with the finality of settlement is the
a legal entity that is authorized to operate a settlement system with
finality of settlement on the basis of a permit to operate a
the securities settlement system with the finality of settlement, which awarded her the
The Czech National Bank.
(2) the operator of a securities settlement system with the finality of settlement
It may also, if it is stated in the permit to operate securities settlement
system with the finality of settlement and to provide for their participants
investment service as referred to in section 4, paragraph 4. 3 (b). and).
(3) the operator of a securities settlement system with the finality of settlement is the
required to operate a settlement system with the finality of settlement with
professional care.
(4) funds or investment vehicles that have been
the operator of a securities settlement system with the finality of settlement
entrusted to the administration or as collateral security arising from the
vypořádávaného trade in investment instruments, are not included in the assets of
the operator of a securities settlement system. The operator of a securities settlement system
charges on property of third parties, that is in their power, separate from their
asset.
Permit to operate a settlement system with the finality of
settlement
§ 90a
(1) the Czech National Bank will grant a permit to operate securities settlement
system with the finality of settlement to the applicant,
and) which is a joint-stock companies or limited liability companies,
(b)) which has its registered office and head office within the territory of the Czech Republic,
(c)) that has an initial capital of at least the amount corresponding to the amount of 730
000 EUR,
(d)) whose initial capital has a transparent and safe origins,
(e)) which shall submit a business plan based on real
economic calculations,
f) whose substantive, technical, personnel and organizational preconditions are
appropriate in terms of the sound and prudent operation of securities settlement
system with the finality of settlement,
g) whose inherent in any business activities other than in
operating a securities settlement system with the finality of settlement
It does not represent a significant threat to the financial stability of the operator
the securities settlement system with the finality of settlement or cannot defend
the effective exercise of supervision over the activities of the operator of a securities settlement system
with the finality of settlement,
h) which have a qualifying holding the person in terms of proper and suitable
prudent management of the operator of a securities settlement system with
finality of settlement,
I) whose close links with another person do not prevent the effective exercise of supervision
over the activities of the operator of a securities settlement system with the finality of
the settlement; When the close links with the party, which is governed by the laws of the
State which is not a Member State, not the legal order or the way
its application to hamper effective supervision over the activities of
the operator of a securities settlement system with the finality of settlement,
j) whose leaders are trusted,
to the Manager of the person) that actually controls the activities in the area
operating a securities settlement system with the finality of settlement, are
competent and have sufficient experience in terms of sound and
prudent operation of a securities settlement system with the finality of
settlement and
l) by system rules that are appropriate in terms of
the sound and prudent operation of a securities settlement system with
finality of settlement and in terms of systemic risk.
(2) the Czech National Bank will grant a permit to operate securities settlement
system with the finality of settlement and an applicant who
a) is a legal entity,
(b)) has its registered office and head office in another Member State of the European Union,
(c)) is authorized to operate a settlement system with system similar
finality of settlement, in which the legal relations between the parties to the
in the implementation of the settlement system governed by the law of another Member State
The European Union, and
(d) the rules of the system) that are appropriate in terms of sound and
prudent operation of a securities settlement system, with the finality of
settlement and systemic risk.
(3) an application for authorization to operate a settlement system with
finality of settlement can be made only on the prescribed form,
to which the applicant shall be accompanied by documents certifying that the conditions
referred to in paragraph 1 or 2. The pattern of the form and the content of its annexes
down detailed legislation.
section 90b
(1) on the application for authorization to operate a settlement system with
finality of settlement of the Czech National Bank will decide within 6 months
from the date of its delivery.
(2) the decision to grant a permit to operate a settlement system
with the finality of settlement rules shall be approved by the Czech National Bank
the system.
(3) the decision to grant a permit to operate a settlement system
with the finality of settlement of the Czech National Bank may provide
the conditions that must be met before a securities settlement system
the start of the activity, or to comply with in the performance of its activities.
(4) the operator of a securities settlement system with the finality of settlement
shall, without undue delay, the Czech National Bank change of information contained
in the application for authorization to operate a settlement system with
finality of settlement or its annexes on the basis of
It was an authorization to operate is granted.
TITLE IV
INFORMATION OBLIGATIONS OF THE OPERATOR AND THE SUBSCRIBER WITH A SECURITIES SETTLEMENT SYSTEM
FINALITY OF SETTLEMENT
§ 90c
(1) the operator of a securities settlement system with the finality of settlement
the Czech National Bank shall inform without delay the
and company or business name) or the name and surname of the participant
the securities settlement system with the finality of settlement, their headquarters,
place of business or residence, their identification number, if
and in the case of natural persons, their date of birth and hometown
number, if assigned, and about the change of these data and
(b)) of the draft decision on its liquidation or without liquidation
or a change in its business; just inform the adoption of
such a decision by the competent authority of the operator of a securities settlement
system with the finality of settlement.
(2) the securities settlement system with the finality of settlement without
undue delay informs the operator of a securities settlement system with
finality of settlement about the information in the scope of paragraph 1 (b). and).
(3) the operator of a securities settlement system with the finality of settlement
It shall forthwith inform the participants of a securities settlement system with the finality of
the settlement and the operator of a linked under section 89 of the notification
pursuant to § 90 g of paragraph 1. 4.
(4) the operator of a securities settlement system with the finality of settlement
be sent to the Czech National Bank information and documents necessary for the performance of
supervision of its financial position, the results of the economic and
fulfilment of the conditions of performance of its activities. The deadline for sending information and
documents, details about their content, form and manner of the sending of lays down
the implementing legislation.
(5) the operator of a securities settlement system with the finality of settlement
established in another Member State of the European Union shall, for the purposes
an assessment of the fulfilment of the conditions for the pursuit of its activities to provide the Czech national
Bank information required and necessary explanations.
§ 90 d
Participant of the securities settlement system with the finality of settlement at the request of
informs who about a legitimate interest, the securities settlement system
with the finality of settlement, which involved, and about its rules.
sec. 90e
Participant of the foreign securities settlement system with the finality of
the settlement, which has its registered office or place of business in the territory of the United
Republic,
and, on request, inform them), who on a legitimate concern about this
the system and its rules and
(b)) shall inform without delay the Czech National Bank on its participation in the
This system, a Member State of the European Union, that the existence of this
the system reported to the European Commission about the address of its registered office or place of
business and amending these facts.
TITLE V OF THE
NOTIFICATION OBLIGATION OF THE PUBLIC AUTHORITIES
§ 90f
The obligation of notification to the Court or other public authority
On the issue of the bankruptcy decision or decision or other intervention
a public authority under section 88 para. 2 against the party in a securities settlement
system with the finality of settlement shall notify without undue delay
Court or other public authority, which carried out the action, the Czech national
the pot. Court or other public authority shall inform the Czech National Bank
also in the case if the decision issued or similar interventions carried out
against the party of the foreign securities settlement system with the finality of
the settlement, which has its registered office or place of business in the territory of the United
of the Republic.
§ 90 g
The notification requirements of the Czech National Bank
(1) the Czech National Bank shall, without undue delay, the European Commission
the existence of a securities settlement system with the finality of settlement, which
the operators granted a permit to operate a settlement system with
finality of settlement. The notification shall indicate the Czech National Bank
the operator of a securities settlement system with the finality of settlement.
If there is a change referred to in the notification, it shall inform the Czech
the National Bank shall without undue delay, the European Commission. If it was
permit to operate a settlement system with the finality of
the settlement is withdrawn, the Czech National Bank shall notify to the European Commission's demise
This settlement system with the finality of settlement without
undue delay after the settlement has been completed on the basis of
orders received before the date of the withdrawal.
(2) the Czech National Bank may notify the European Commission of the existence of the system
settlement of trades in securities, which operates according to the law
governing the status and the scope of the Czech National Bank, if this
the system meets the conditions referred to in section 82 para. 1 (b). a) to (c)). In
notification of the Czech National Bank stating that the operator of this
the system. For this system, and for the Czech National Bank in the performance of
the activities of its operators in § 87 para. 1 the second sentence and paragraph. 2, §
90a, 90b, § 90c para. 1 and paragraph 4 shall not apply. The Czech National Bank
the notification under the first sentence appeals without undue delay if the
the system no longer meets the conditions referred to in section 82 para. 1 (b). a), (b))
or (c)).
(3) if the Czech National Bank receives notification pursuant to § 90f, which
refers to a participant of the foreign securities settlement system with the finality of
the settlement, which has its registered office or place of business in the territory of the United
States, it shall notify without delay the competent authority of the Member State
The European Union, which announced the existence of this system to the European Commission.
(4) if the Czech National Bank receives notification pursuant to § 90f or
a similar announcement from the authority of the Member State of the European Union, which refers to
participant in the securities settlement system with the finality of settlement, it shall notify the
immediately to the operator of a securities settlement system with the finality of
the settlement.
30) Article. 10 European Parliament and Council Directive 98/26/EC.
31) Article. 2 of European Parliament and Council Directive 2006/48/EC, as amended by
Commission directives 2007/18/EC and 2010/16/EU ".
7. In § 100 para. 1 (b). (c)), the words ", and it is subject
Similarly, the provisions of § 82 para. 4 to 8, § 83 para. 7 to 14, § 86 to 88 "
replaced by the words "; If the CSD securities settlement system
with the finality of settlement shall be considered the operator's
the securities settlement system with the finality of settlement ".
8. In article 135 paragraph. the letter j) up to l) are added:
"(j) the operator of a securities settlement system) with the finality of settlement (section
90), which has its registered office in the Czech Republic,
to) participant securities settlement system with the finality of settlement (section 84),
that is not the operator of this system,
l) participant of the foreign securities settlement system with the finality of
the settlement, which has its registered office or place of business in the Czech Republic (§
90e) ".
9. In § 138 para. 1, after the word "of", the words "with the
finality of settlement established in the Czech Republic ".
10. In § 138 para. 2, after the word "of", the words "with the
finality of settlement established in the Czech Republic ".
11. In article 145, paragraph 3, the following paragraph 4 is added:
"(4) a person who has been withdrawn permission to operate a securities settlement system
with the finality of settlement, without undue delay, notify the
the participants in the securities settlement system with the finality of settlement.
The completion of the settlement on the basis of the settlement of orders received prior to the
the date of withdrawal of authorization shall continue to be considered as the operator of a securities settlement
system with the finality of settlement. "
Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.
12. in section 158 paragraph 2. 1 (b). (c)), the word "or" is deleted.
13. in paragraph 158, at the end of paragraph 1, the period is replaced by a comma and the following
letters e) to (i)), which read as follows:
"e) violate the organisational requirements under section 48, or any of them,
f) fail to comply with information obligations pursuant to § 50,
g) will not allow the participants of the regulated market to choose another securities settlement system
pursuant to § 51 para. 1,
h) violates the restriction or prohibition of the Czech National Bank pursuant to § 52, or
I) fails to comply with any of the requirements under section 67 or 68. ".
14. section 160, including the title reads as follows:
"§ 160
Administrative offenses of the operator and the Subscriber with a securities settlement system
finality of settlement
(1) the operator of a securities settlement system with the finality of settlement
committing an administrative offense, by
and) contrary to § 87 para. 1 publish a rule change the system without
the consent of the Czech National Bank,
(b) fails to notify the change to the data) in accordance with § 90b para. 4, or
(c) fails to comply with information requirements) according to § 90c para. 1.
(2) the operator of a securities settlement system with the finality of settlement
based in the Czech Republic has committed the administrative offence by
and) operates a securities settlement system with the finality of settlement in breach of
with article 90 paragraph 2. 3,
(b) fails to comply with information requirements) according to § 90c para. 3, or
(c) fails to comply with the notification requirement) section 145 paragraph. 4.
(3) the securities settlement system with the finality of settlement
committing an administrative offense that fails to comply with information requirements under section
90c paragraph 1. 2 or § 90 d.
(4) an administrative offense shall be fined in the
and $ 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (c)),
paragraph 2 or 3,
(b) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)
or (b)). ".
15. in section 165 paragraph. 2, the words "electronic money institution"
shall be deleted.
16. in § 199 para. 2 the words "§ 83 para. 4, § 85 para. 2, § 87 "
replaced by the words "§ 90a para. 3, § 90c para. 4. "
Article. In
Transitional provisions
1. Authorization to operate granted by the securities settlement system
the existing legislation on the date of acquisition, the effectiveness of this law
considered an authorization to operate a securities settlement system with
finality of settlement pursuant to section 90a of the Act No. 256/2004 Coll., on
the capital market, in the version in force from the date of acquisition
the effectiveness of this Act. The operator of a securities settlement system on the basis of
the authorisation granted in accordance with the existing legislation, with the date of application
the effectiveness of this Act be deemed securities settlement system operator
with the finality of settlement pursuant to section 90 of the Act No. 256/2004 Coll., on
the capital market, in the version in force from the date of acquisition
the effectiveness of this Act.
2. the operator of a securities settlement system on the basis of authorisation granted by the
According to the existing legislation shall indicate their ratios in accordance with part
the seventh Act No. 256/2004 Coll., on the capital market, in
the version in force from the date of entry into force of this Act, not later than 3
months from the date of entry into force of this Act.
3. the securities settlement system operated on the basis of an authorisation granted in accordance with
the existing legislation on the date of acquisition, the effectiveness of this law
considered a securities settlement system with the finality of settlement pursuant to § 82
Act No. 256/2004 Coll., on the capital market, as amended by
effective from the date of entry into force of this Act.
4. an application for authorization to operate a settlement system brought before the
the effective date of this Act, which was not decided until the day
entry into force of this law, shall be the effective date of this Act,
considered a request for a permit to operate a settlement system with
finality of settlement pursuant to section 90a of the Act No. 256/2004 Coll., on
the capital market, in the version in force from the date of acquisition
the effectiveness of this Act.
5. The provisions of the existing legislation governing the legal relations
incurred before the date of entry into force of this Act; the emergence of these
legal relations, as well as claims arising from them before the day of acquisition
the effectiveness of this law, shall, however, be judged according to Act No. 256/2004 Coll.,
on capital market, in the version in force prior to the date of acquisition
the effectiveness of this Act.
PART THREE
To change insolvency law
Article. (VI)
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended by Act No. 309/2006 Coll., Act No. 108/2007 Coll., Act
No 296/2007 Coll., Act No. 362/2007 Coll., Act No. 301/2008 Coll., Act
No 458/2008 Coll., Act No. 7/2009 Coll., Constitutional Court
declared under the No 163/2009 Coll., Act No. 217/2009 Coll., Act No.
228/2009 Coll., Act No. 285/2009 Coll., Constitutional Court
the declared under no. 241/2010 Coll. and Act No. 409/2010 Coll., shall be amended
as follows:
1. In paragraph 2 (a). k), the words ' electronic money institutions ' ^ 1 '), ' including
footnote 1 shall be deleted.
2. In section 35 para. 3, the word "services" the words "or of the holders of
electronic money ".
3. In paragraph 82, the following paragraph 6 is added:
"(6) if the debtor Is the operator or a participant in a payment system with
finality of settlement of foreign payment system
finality of settlement, with the finality of a securities settlement system
settlement or foreign securities settlement system with the finality of
the settlement, the insolvency court for interim measures
referred to in paragraph 3 together with his publication of the insolvency register
The Czech National Bank.
4. In section 102 paragraph. 1 (b). g), the words "referred to in the list of the Czech national
banks under the law governing payment ^ 1), or a participant in the
the securities settlement system under the law governing business in the capital
market ^ 18) "shall be replaced by the words" with the finality of settlement, foreign
payment system with the finality of the clearing settlement system with
finality of settlement or the foreign securities settlement system with
finality of settlement ".
5. In section 113 at the end of paragraph 3 the following sentence "If the debtor
the operator or a participant in a payment system with the finality of
clearing, foreign payment system with the finality of
the clearing settlement system with the finality of settlement or
the foreign securities settlement system with the finality of settlement,
inform the insolvency court for interim measures at the same time with his
publication in the insolvency register of the Czech National Bank.
6. In paragraph 118, the following paragraph 3 is added:
"(3) if the debtor Is the operator or a participant in a payment system with
finality of settlement of foreign payment system
finality of settlement, with the finality of a securities settlement system
settlement or foreign securities settlement system with the finality of
settlement, inform the Court about the moratorium at the same time
the publication of the resolution in the insolvency register of the Czech National Bank.
7. In § 139 paragraph 2. 1 (b). g), the words "referred to in the list of the Czech national
the Bank under a special legal regulation ^ 1), "are replaced by the words" with the
finality of settlement of foreign payment system
finality of settlement, with the finality of a securities settlement system
settlement or foreign securities settlement system with the finality of
settlement, ".
8. In § 139 paragraph 2. 1, letter h) repealed.
The present letter i) is renumbered as paragraph (h)).
9. section 247:
"§ 247
If the debtor is a party to the payment system with the finality of
clearing, foreign payment system with the finality of
the clearing settlement system with the finality of settlement or
the foreign securities settlement system with the finality of settlement,
inform the insolvency court to bankruptcy proceedings at the same time with the publication
resolution in the insolvency register of the Czech National Bank.
10. section 365:
"§ 365
(1) the provisions of this Act do not affect the validity, effectiveness or
the enforceability of obligations of a debtor who is a participant in a payment system
with the finality of settlement or a participant in the foreign payment
system with the finality of settlement, under the conditions laid down by law
the adaptation of the system of payment.
(2) the provisions of this Act do not affect the validity, effectiveness or
the enforceability of obligations of a debtor who is a participant in the settlement
system with the finality of settlement or a participant in the foreign
the securities settlement system with the finality of settlement, under the conditions
laid down by law governing the capital market. "
11. in section 366 para. 1 points and) and (b)) shall be deleted.
Subparagraph (c)) and (d)) shall become letters and) and (b)).
12. in the heading of title IV of part two of the piece: "the decline of the bank,
savings and credit cooperatives and some foreign banks ".
13. in paragraph 367 of paragraph 1. 1 (b). and the comma after the word) "Bank" is replaced by
the word "and" and the words "or electronic money institutions ' ^ 1 '), '
shall be deleted.
14. in paragraph 367 of paragraph 1. 1 (b). (b)), the words "or of the institution of electronic
money ' shall be deleted.
15. In paragraph 367 of paragraph 1. 1, letter c) to (e)) shall be deleted.
Subparagraph (f)) is renumbered as paragraph (c)).
16. in paragraph 367 of paragraph 1. 2 the initial part of the provision, the words "and (d))" shall be deleted.
17. in paragraph 367 of paragraph 1. 3, the word "f)" is replaced by "(c))".
18. In paragraph 367, paragraph 4 shall be deleted.
19. in part two, title IV, part 1, section 2, title: "the decline of the Bank,
savings and credit cooperatives after the withdrawal of the licence or permit and
the decline of the branch of a foreign bank specified in § 367 paragraph. 1 (b). (c)) ".
20. In paragraph 368 paragraph 2. 3, the words "or an electronic money institution"
(f) shall be deleted and the word ")" is replaced by "(c))".
21. in § 370 para. 1 the first sentence, the comma after the word "Bank" is replaced by
the word "or" and the words "or an electronic money institution" shall be deleted.
22. in § 370 para. 2 (a). (d)), the number "374" is replaced by "373".
23. § 370 para. 2, letter e) repealed.
Subparagraph (f)), and (g)) are known as the letters e) and (f)).
24. In paragraph 370, paragraphs 4 to 6 shall be deleted.
Paragraphs 7 to 10 shall be renumbered as paragraphs 4 to 7.
25. In § 370 para. 4, the first sentence is "6" is replaced by "3".
26. in § 370 para. 4, second and third sentences deleted.
27. in paragraph 370, paragraph 5 is added:
"(5) the insolvency court which issued the decision about bankruptcy and Declaration
bankruptcy of a branch of a foreign bank specified in § 367 paragraph. 1
(a). (c)), through the competent supervisory authority or
supervision of such decision, the supervisory authorities or supervision in the Member
States of the European Union and other countries that make up the European economic
the space in which the debtor has an organizational folder before
the publication of the decision in the insolvency register, and if it is not
possible, immediately thereafter; This information includes (i) a warning message on the
the possible consequences of the decision taken. ".
28. in paragraph 373 paragraph. 1, the words ", if it is a bank or savings and
credit cooperative or a branch of a foreign bank under section 367 of paragraph 1. 1
(a). (f)), "be deleted.
29. section 374 is hereby repealed.
30. In § 376 the comma after the word "Bank" shall be replaced by "or", and the words
"electronic money institution or a person with a registered office or place of
business on the territory of the United States authorized to issue electronic
the money on the basis of an authorisation pursuant to special legal regulation "
shall be deleted.
31. in part two, title IV, part 1, section 3: "the decline of
foreign banks doing business in the territory of the Czech Republic on the basis of
single license ".
32. In section 377 the first sentence, the words "or an electronic money institution" and
the words "or in whose territory the registered office or place of business of the person
authorized to issue electronic money on the basis of an authorisation pursuant to
special legal regulation "shall be deleted.
PART FOUR
Amendment of the Act on banks
Article. (VII)
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., Act 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. 227/2009 Coll., Act No. 230/2009 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. and Act No. 41/2007 Coll.
is amended as follows:
1. In section 20 (2). 5, the words ' electronic money institutions ' shall be deleted.
2. In section 20 (2). 6 (a). (b)), the words "electronic money institutions,"
shall be deleted.
3. in the section 20 c of paragraph 4 is deleted.
The present paragraph 5 shall become paragraph 4.
4. in the section 20 c of paragraph 1. 4 is the numeral "4" is replaced by "3".
5. In section 41f para. 7 the first sentence, the word "or" is replaced by a comma, for
the word "extent" with the words "electronic money institutions or
small e-money issuer, "and after the word
^ "transactions 13)" shall be inserted the words "or against whose adoption were
issued electronic money ".
6. in paragraph 2 of section 41f. 7, the first sentence shall be inserted after the phrase "For the purposes of calculating
compensation from the Fund is the beneficial owner of such funds
consider the payment service users or holders of electronic
money. The refund shall be the payment institution, the payment
small-scale services, electronic money institution or Publisher
small-scale electronic money. ".
7. in paragraph 2 of section 41f. 7 sentence of the fourth, the word "or" is replaced by a comma and
the word "scope" with the words "electronic money institutions
or small-scale electronic money issuer ".
8. in paragraph 2 of section 41f. 7 sentence of last, the words "payment institutions or
the payment service provider of a minor nature are required to "be replaced by
the words "these persons are obliged to".
9. in section 41f, the following paragraph 10 is added:
"(10) a payment institution, the payment service provider of the small
range, electronic money institutions, and the Publisher of the electronic
a small-scale money are required to communicate to the payment service user
or the electronic money holder, at his request, with information
which banks, savings and credit cooperatives, or a foreign bank is
kept in a separate account, on which are in accordance with the law governing the
payments stored funds entrusted to them to
execution of the payment transaction or the receipt issued
electronic money. ".
PART FIVE
Amendment of the Act on savings and credit cooperatives
Article. (VIII)
Act No 87/1995 Coll., on savings and credit cooperatives and some
measures related to it and the law of the Czech National Council
No. 586/1992 Coll., on income taxes, as amended in
amended by Act No. 100/2000 Coll., Act No. 406/2001 Coll., Act No.
212/2002 Coll., Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No.
377/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 70/2006 Coll., Act No. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 126/2008 Coll., Act No. 254/2008 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.
156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll. and act
No. 41/2006, is amended as follows:
1. In Article 1a(1). 1 (b). a), the words "and also the person whose activity or
the business consists in the issuance of electronic money, all this "are deleted.
2. In section 2b, paragraph 1. 5, the words ' electronic money institutions ' shall be deleted.
3. In section 2b, paragraph 1. 6 (a). (b)), the words "electronic money institutions,"
shall be deleted.
4. In section 13b, paragraph 4 shall be deleted.
PART SIX
Amendment of the Act on certain measures against the legalization of proceeds of crime
the activities and financing of terrorism
Article. (IX)
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 227/2009
Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll. and Act No.
199/2010 Coll., shall be amended as follows:
1. In article 2 (2). 1 (b). and) points 3 and 4 shall be deleted.
2. In article 2 (2). 1 (b). (b) point 5) the word "extent of ^ 3)" is replaced by
"the range, electronic money institutions, and the Publisher of the electronic
a small-scale money ^ 3) ".
3. In paragraph 5 (b). a) after the word "birth," is inserted after the word "further".
4. In § 13 para. 2 (a). and), the word "regular" is deleted.
5. In § 13 para. 2 (c)):
"c) electronic money, if the maximum amount stored electronically
on the media, which cannot be recharged, do not exceed the amount of € 250, or 500 euros
in the case of electronic money that can be used only to perform the
domestic payment transactions, or if the media can be recharged, is for
calendar year set an overall limit of EUR 2 500, with the exception of
in cases where at the request of the holder of the electronic money in the same
calendar year retroactively replaced total amount of EUR 1 000 or more, ".
6. In § 13 para. 2, letter c) the following point (d)), which read as follows:
"(d)) payment services provided through public mobile
the phone networks other than with the use of electronic money, if the value of
each transaction does not exceed EUR 250 and at the same time, for the calendar
year established total limit transactions from one
a telephone number in the amount of EUR 2 500 or ".
Subparagraph (d)) is renumbered as paragraph (e)).
7. in section 21 para. 6, the first sentence is replaced by the phrase "a credit institution,
credit institutions, electronic money institutions, financial institutions
referred to in § 2 (2). 1 (b). (b)) and paragraph 11 required the person referred to in section 2 of the
paragraph. 1 (b). (c)) a system of internal Ministry delivers a policy within 60 days
the date when the person became liable; notifications of changes in system
internal policy delivers to the Ministry within 30 days from the date of their adoption. ".
8. In paragraph 48, paragraphs 1 and 2 shall be added:
"(1) a person who is Required in § 21 para. 2 to
draw up a written system of internal policy, and does not apply to exempt
pursuant to § 21 para. 3 or 4, is committed by the administrative offense by system
internal policy has failed to the extent pursuant to § 21 para. 5 no later than
a period of 60 days from the date on which the person became liable.
(2) a person who is Required in § 21 para. 6 to deliver the
the Ministry or the Czech National Bank's internal policy and notification system
about his changes, committing an administrative offense by a system of internal
policy or a notice of the changes won't be delivered pursuant to § 21 para. 6 or
the absence of the written information on how to correct any identified deficiencies
pursuant to § 21 para. 8. ".
9. In § 48 para. 3, the word "regular" is deleted.
PART SEVEN
Amendment of the Act on Česká národní banka
Article. X
Act No. 6/1993 Coll. on Česká národní banka, as amended by Act No. 61/1993
Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., constitutional
the Court declared under no. 276/2001 Coll., Act No. 483/2001 Coll., Act
No 127/2002 Coll., Act No. 256/2004 Coll., Act No. 377/2005 Coll., Act
No 57/2006 Coll., Act No. 62/2006 Coll., Act No. 230/2006 Coll., Act
No 160/2007 Coll., Act No. 36/2008 Coll., Act No. 124/2008 Coll., Act
No 254/2008 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act
No 295/2009 Coll., Act No. 145/2010 Coll., Act No. 156/2010 Coll. and
Act No. 41/2006, is amended as follows:
1. section 24 is repealed.
2. section 38 reads as follows:
"§ 38
(1) the Czech National Bank is authorised to operate payment systems.
The conditions of operation of the payment systems and the participation in them down
the law governing payment transactions.
(2) the Czech National Bank will allocate payments to the provider code
of payment services it intends to use for accounts that leads, account numbers
in accordance with the rules of international standardization (IBAN).
(3) the Czech National Bank shall issue a decree rules making the account number in the
accordance with the rules of international standardization (IBAN).
(4) the Czech National Bank leads the list of payments and
payment service providers, which has allocated these codes; for a list of
published in a manner allowing remote access. ".
3. In § 41 para. 2 (a). and) the words "electronic money institution" ^ 1a)
and branches of foreign electronic money institutions operating
the territory of the Czech Republic on the basis of a single licence, ' shall be deleted.
4. In § 44a para. 1 at the end of the text of the first sentence, the words "when
the performance of the tasks those persons perform on the basis of the authorisation,
license or registration of the Czech National Bank ".
5. § 44a para. 1 the second sentence reads "the Czech National Bank, in the performance
supervision shall be entitled to require from these people the necessary information and
supporting documentation. ".
6. § 46, including the title.
7. in section 46b of paragraph 1. 1, the number "41," the words "and paragraph 44a. 1. "
8. In § 49b paragraph 1. 1 comma after the second sentence, the word "bank" is replaced by
the word "and" and the words "electronic money institution" ^ 1a) and branches
of foreign electronic money institution "shall be deleted.
PART EIGHT
Changing the law on supervision in the field of capital market
Article. XI
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.
309/2002 Coll., Act No. 256/2004 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. 324/2006 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. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll. and Act No. 160/2010 Coll., shall be amended
as follows:
1. In section 13(2). 1 letter c) is added:
"(c)) of the operators with the finality of settlement systems, settlement".
2. In § 13 para. the letter m) and (n)) shall be added:
"m) the securities settlement systems with the finality of settlement and their
of the participants,
n) participants of foreign securities settlement systems with the finality of
the settlement who have their head office or place of business in the Czech Republic ".
3. In § 13 para. 2 (b)):
"(b)), the list of foreign securities settlement systems with the finality of
the settlement ".
4. In article 13, paragraph 2, the following paragraph 3 is added:
"(3) The lists referred to in paragraph 1 shall be entered at least
and legal persons) in the business name or the name, registered office and identification
number of the person, if any, and
(b) the natural person) in the business name or name and surname, address
place of residence or place of business, and the identification number of the person if
allocated. ".
The former paragraph 3 shall become paragraph 4.
PART NINE
Amendment of the Act on the financial conglomerates directive
Article. (XII)
Act No. 377/2005 Coll., on the supplementary supervision of banks, spořitelními and
úvěrními associations, electronic money institutions, insurance undertakings and
traders in securities in the financial conglomerates directive and amending
some other laws (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.
Law No. 278/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:
1. in the title of the Act, the words "electronic money institutions ' shall be deleted.
2. In the title of part one, the words ' electronic money institutions '
shall be deleted.
3. In paragraph 2 (a). (d)), point 2 is deleted.
Points 3 to 5 shall be renumbered 2 to 4.
4. In article 3, paragraph 3. 2, the words ' electronic money institutions ' shall be deleted.
PART TEN
Amendment of the Act on the limitation of cash payments
Article. XIII
Act No. 256/2004 Coll., on the limitation of cash payments and on the amendment of Act No.
337/1992 Coll., on administration of taxes and fees, as amended by Act No. 303/2008 Sb.
and Act No. 281/2009 Coll., is amended as follows:
1. In paragraph 1, the words "the Bank or branch of a foreign bank, or
savings and credit cooperatives, "shall be replaced by" a person authorized
provide payment services "and the words" on account of the Bank "shall be deleted.
2. in article 4, paragraph 1 reads:
"(1) the provider of the payment, the amount of which exceeds the amount of 350 000 CZK (
"the limit") is required to make a payment via bank; This does not apply,
in the case of a payment that must be under special legislation ^ 2)
made in cash. ".
PART ELEVEN
cancelled
Article. XIV
cancelled
PART TWELVE
To change the code of civil procedure
Article. XV
In Act No 99/1963 Coll., the code of civil procedure § 267b including notes
footnote # 79a is inserted:
"§ 267b
Enforcement of a decision on the assets of the payment institution, foreign payment
the payment service provider of a minor nature, foreign
the payment service provider of a minor nature, the institution
electronic money, electronic money institutions, foreign
small e-money issuer or foreign
the Publisher of electronic money are not subject to small scale cash
the resources that the users of payment services to these persons entrusted
execution of a payment transaction, or cash, the
the adoption of electronic money have been released, or assets, that such persons under the
These funds acquired ^ 79a).
79A) § 19 and 52d of law no 284/2009 Coll., on payments, as
Act No. 139/2011 Sb. ".
PART THIRTEEN
Amendment of the Act on private and procedural international law
Article. XVI
Act No. 97/1963 Coll. on international private and procedural law in
amended by law No 158/1969 Coll., Act No. 234/1992 Coll., Act No.
264/1992 Coll., Act No. 126/2002 Coll., Act No. 37/2004 Coll., Act No.
257/2004 Coll., Act No. 365/2004 Coll., Act No. 377/2005 Coll., Act No.
57/2006 Coll., Act No. 70/2006 Coll., Act No. 233/2006 Coll., Act No.
296/2007 Coll., Act No. 123/2008 Coll., Act No. 7/2009 Coll., Act No.
409/2010 Coll. and Act No. 28/2010 Coll., shall be amended as follows:
1. section 11a and 11b shall be added:
"§ 11a
Whether the securities validly issued, whether it contains rights that are with him
due to its nature of linked in such a way that it is for his
force cannot be without a security exercise, and what rights and what legal
the effects are associated with it, shall be governed according to the nature of the securities
and the law) shall be governed by the eligibility to rights and internal affairs
legal entity that issued the security,
(b)), the law governing the legal relationship, the issue of the adjustment of the security
the paper is based,
(c) the law in force in the place), in which the security was issued,
(d)) law of the State in which it has its registered office or usual residence the person that valuable
paper issues, does not correspond to the nature of the security the use of another right,
or
(e)) law, which is intended in the quote, if the nature of the security
the paper admits.
section 11b
(1) where the law requires otherwise, the transfer of rights to valuable
the paper is governed by the laws in force in the place in which the securities at the time of
dealing with him.
(2) a lien on securities shall be governed by the law applicable at the place of
habitual residence or seat of the mortgage lender at the material time,
If the parties have not chosen the law of another; the choice has no effect against a third person,
unless it is proven that a third party was the choice of law known previously.
If it is a security, which must be produced in order to release things and
dealing with her, the law applicable in the place in which it is valuable
the paper at the time.
(3) the management of securities is governed by the law of the State in which it is conducted
the register in which with the benefit of the recipient of such actions carried out
write the founding legal effects of the ownership of the securities. The choice of the
other rights is permitted only if it is a law of the State in which the person
Head of the register at the time of the choice of another right to the head office or branch, and
record keeping is among the usual activities of that person.
(4) if the intended investment tools, including the rights attaching thereto,
ensure the rights
and the participant's or operator) of the payment system with the finality of
clearing, foreign payment system with the finality of
the clearing settlement system with the finality of settlement or
the foreign securities settlement system with the finality of settlement,
If these rights arose from its participation in a system or operation
the system, or
(b)) of the Central Bank of a Member State of the European Union or
The European Central Bank, governed by the rights of these persons or persons
acting on behalf of the legal order of the State in which it is
guided by evidence of investment instruments, which is burning
establishing the legal effects of such meetings; the choice of another right is
excluded.
(5) the Czech law is governed by the takeover offer owners
the securities issued by joint-stock companies based in
The Czech Republic, whose securities are admitted to
trading on a regulated market in the Czech Republic, and legal issues
associated with the take-over bid with an international element under the conditions
laid down by law governing takeover bids.
(6) if the decision of the bankruptcy of the Subscriber payment
system with the finality of settlement of foreign payment system
finality of settlement, with the finality of a securities settlement system
settlement or foreign securities settlement system with the finality of
the settlement, or if it has been issued in relation to that participant, other
decision or another public authority intervention with similar
the effects of, the rights and obligations of that participant arising from its
participation in the system by the same law, which governs the legal relations between the
participants in the system in the implementation of clearing or settlement. Choosing a different
rights is excluded. ".
2. In section 11 c of paragraph 1. 1 the words "person established on the territory of the Czech Republic
authorized to issue electronic money on the basis of an authorisation pursuant to
special legal regulation ^ 1), ", the words" foreign institutions
electronic money, who has received a license or permit from the authority
the Member State of the European Union or the European economic area, "
and the words "or of foreign electronic money institutions ' shall be deleted.
Footnote 1 shall be deleted.
PART OF THE FOURTEENTH
Amendment of the Act on consumer protection
Article. XVII
In § 23 para. 9 of Act No. 634/1992 Coll. on consumer protection, as amended by
Act No. 36/2008 Coll. and Act No. 285/2009 Coll., in the first sentence, the words
"If this is about the person, over which it exercises supervision pursuant to section 44 para. 1
Act No. 6/1993 Coll. on Česká národní banka, as amended
regulations "are replaced by the words" in persons subject to its supervision by
the law governing the status and the scope of the Czech National Bank
the performance of the tasks those persons perform on the basis of the authorisation,
license or registration of the Czech National Bank "and the second and the third
shall be deleted.
PART FIFTEEN
Amendment of the Act on Auditors
Article. XVIII
Act No. 93/2009 Coll. on Auditors and on amendments to certain acts (the Act on
Auditors), as amended by Act No 227/2009 Coll., is amended as follows:
1. In paragraph 2 (a). m), the words "operator of a securities settlement system,"
deleted, the comma after the words "investment companies" shall be replaced by the word
"and" and the words "and electronic money institutions ' shall be deleted.
2. In section 44 para. 6 of the introductory part, the words ' the provisions of the operator
the securities settlement system, "shall be deleted, the comma after the word" company ",
replaced by the word "and" and the words "and electronic money institutions '
shall be deleted.
Article. XIX
Transitional provision
The auditor carrying out statutory audits of the operator of a securities settlement system
or an electronic money institution as subjects of public interest under
section 2 (a). m) Act No. 93/2009 Coll. on Auditors, in the version in force
before the date of entry into force of this Act, is not considered by the auditor
carrying out the statutory audits of public-interest entity from the time of
the completion of the statutory audit relating to the financial year in which the
the operator of a securities settlement system or an electronic money institution
cease to be public-interest entity, does not do this, the auditor
even the statutory audit of another subject of public interest. This does not affect
the auditor's duty to publish an annual report on transparency in accordance with § 43
the law on Auditors.
PART OF THE SIXTEENTH
Amendment of the Act on the implementation of international sanctions
Article. XX
In article 15, paragraph 2. 2 of Act No. 69/2006 Coll., on the implementation of international sanctions,
the words "banks, branches of foreign banks and the people to whom grants
a banking licence; When you detect the deficiencies referred to in paragraph 1 shall act
the second sentence shall be replaced by "persons subject to its supervision, and in
the range of activities over which such persons shall exercise the supervision ".
PART SEVENTEEN:
The EFFECTIVENESS of the
Article. XXI
This Act shall take effect on the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.