105/1995 Sb.
LAW
of 24 July 2003. in May 1995,
amending and supplementing Act No. 229/1992 Coll., on the commodity exchanges,
as amended by the Act No. 216/1994, Coll.
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 229/1992 Coll., on the commodity exchanges, as amended by Act No.
216/1994 Coll., shall be amended and supplemented as follows:
1. section 1 (1). 4 including note No. 1a) is inserted:
"(4) the persons other than the stock market established under this Act, may, in their
the business name, the name, the designation of the services rendered or in any
the context of his activities to use the designation of "change", "stock" or
other designations from these words derived or confused, just
If so provided by law of this or the special. 1) this does not affect
protection and use of the name of the natural person. ^ 1a)
1A) section 11 of the civil code. Act No. 55/1950 Coll. on use and modification
first and last names, as amended. ".
2. section 1, the following paragraph 5 is added:
"(5) the designation" stock "can be used
and in the context of the activities) of persons entitled to mediation
stock trades (the "dealers"),
(b)) to indicate that the products and services designed exclusively for technical
support the activities of the exchanges or in direct connection with it and to indicate to the
information, reports and publications on the activities of stock exchanges ".
3. section 4, paragraph 4. 1 (b). (f)):
"(f)) for detailed steps on the appointment and removal of stock conciliators,
their mode of remuneration, the conditions under which the private dealers
to operate on the stock market, and the conditions under which they are authorized dealers to enter into
the stock trades on its behalf ".
4. In article 6 (1). 1 delete the words "of the Czech Republic or the Slovak
Republic (hereinafter "the competent authority of the State administration") ".
At the end of the paragraph, the following note # 3a) to read as follows:
"3a) § 13 para. 2, and article 15, paragraph 2. 2 of the Act No. 2/1969 Coll., on establishment of the
ministries and other central bodies of State administration of the Czech Republic,
as amended. ".
5. section 6, the following paragraph 3 is added:
"(3) the competent authority of the State administration may permit to operate a stock exchange
decide that the Statute contains an adjustment is to depart from section 20 (2). 1, section 21
paragraph. 1 (b). (b)), § 23 para. 1 and section 27 para. 3 to 5 of the Act, if the
otherwise prevent or substantially impeded by the possibility of connecting to Exchange
international organizations makes the commodities exchanges, for which
the stock market is based; However, this adjustment cannot be enabled if the
limited by the performance of the State and oversee the activities of the conciliators. The founders of the
the proposal shall be on such derogation in the application for authorisation and
the circumstances relevant for the assessment demonstrates its use. On
the granting of a permit according to this provision is not a legal right. Enable
the competent authority may withdraw the State administration, if the change in the time limit
It laid down when issuing the permit does not become a member of those international
organization exchanges. ".
6. In article 11 (1) 2 words are deleted "Czech and Slovak Federal
Of the Republic, "and the words" and of the Slovak Republic ".
7. in paragraph 2 of article 23. 3 the second sentence shall be deleted.
8. in section 29 para. 2 the words "the Czech and Slovak Federative Republic"
replaced by the words "United States".
9. section 29 para. 3 read as follows:
"(3) the stock exchange dealers can perform other gainful activity
related to the trade, manufacture, processing or use of commodities that
are the subject of stock trades, only if the operation
other gainful activities of the conciliators agrees, the competent authority of the stock exchange
Government and the Stock Exchange Chamber, and if it is allowed to statute. ".
10. in section 29 shall be inserted after paragraph 3 of the new paragraphs 4, 5 and 6, which
shall be added:
"(4) the Stock Exchange Chamber or the competent authority of the State administration may be granted
consent to engage in other gainful activities stock conciliators
appeal in writing. The reason for the withdrawal of consent must be given in the decision about the
withdrawal of consent. The stock exchange of a conciliator is then obliged without undue
delay in gainful employment to terminate in a manner arising from relevant
legislation.
(5) the Statute modifies the way the publication of the list of stock exchange
conciliators who also carry other gainful activity, and the range of data
related to this activity, which must include at least
for a full list of these activities and in what capacity the gainful activity
operate.
(6) the stock of a conciliator, who shall exercise other gainful activity under
paragraph 3, the Stock Exchange Chamber cannot be a member of the Committee of the stock exchange and neither
the arbitrator or other official trading session of the arbitral tribunal. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 7 and 8.
11. In paragraph 29 of the new paragraph 8, the words "in accordance with paragraph 4 (b). and) "
shall be replaced by "referred to in paragraph 7 (b). and) ".
12. In § 33 para. 2 are deleted, the words "the Czech National Council and the Slovak
National rady9) "including the footnotes.
13. in § 34 paragraph 3, the following paragraph 4 is added:
"(4) the stock exchange Commissioner revokes consent to engage in other gainful
the activities of the stock of a conciliator who contravenes the provisions of § 25 para. 3.
The consent recall is not limited to the Commissioner for a stock to save permissions
such conduct is sanctions. "
The current paragraph 4 shall become paragraph 5.
14. in § 36 odst. 1 (b). a), the words ' section 29 para. 3 "this
the words: ", 4 and 5".
15. In article 36, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) if the competent authority of the State administration, that person, that has not been
granted, it uses the designation pursuant to § 1 (1). 4 first sentence, otherwise
than according to the provisions of § 1 (1). 5, invite her to the deficiencies found
the prescribed time limit.
(4) the competent authority of the State administration may persons who, after the expiry of
the deadlines laid down in the invitation under the previous paragraph on use
the markings referred to in § 1 (1). 4, impose a fine in the amount of 500 000 CZK.
Persons who, within three years after a final decision imposing fines
violates any of the provisions of § 1 (1). 4 again, the competent authority of the State
Administration to impose a fine of up to $ 2 000 000.
Paragraphs 3, 4, 5, 6 and 7 are renumbered as paragraphs 5, 6, 7, 8
and 9.
16. in paragraph 36 the new paragraph 5, the following sentence at the end of connecting:
"The fine provided for in paragraph 4 may be imposed within six months from the date on which the
unauthorized use of the indications referred to in § 1 (1). 4 the competent authority
the State Government, but no later than one year from the date on which the
such conduct has occurred. ".
17. § 36 paragraph 6 is added:
"(6) the fine imposed in accordance with paragraphs 2 and 4, is due within 30 days from the
the date on which the decision to save it has power. A copy of the decision
with an enforcement clause, the competent authority of the State administration
to the competent fiscal authority. ".
18. In paragraph 36 the new paragraph 8, the words "or deleted state budget
The Slovak Republic according to the location of the Exchange. "
Article II
Legal and natural persons to whom the authorisation has been granted and that the
the effective date of this Act, use the markings referred to in paragraph 1 of the
paragraph. 4 otherwise than under the provisions of § 1 (1). 5, they shall, within three
months from the date of entry into force of this Act, remove these markings and
stop using it.
Article. (III)
This Act shall take effect on 1 January 2000. July 1995.
Uhde in r.
Havel, v. r.
Klaus r.