Change Some Laws Related To The Law No 253/2008 Sb.

Original Language Title: změna některých zákonů souvisejících se zákonem č. 253/2008 Sb.

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67215&nr=254~2F2008~20Sb.&ft=txt

254/2008 Sb.



LAW



of 5 April 2004. June 2008,



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

certain measures against the legalization of proceeds of crime and

the financing of terrorism



Change: 285/2009 Sb.



Change: 278/2009 Sb.



Change: 281/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Changing the law on supervision in the field of capital market



Article. (I)



In the law No. 15/1998 Coll., on surveillance in the capital market and on the

amendments to other laws, including title, part eleven

repealed.



PART TWO



Amendment of the Act on banks



Article. (II)



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., Constitutional Court declared under no.

37/2007 Coll., Act No. 120/2007 Coll., Act No. 296/2007 Coll., Act No.

126/2008 Coll. and Act No. 216/2008 Coll., is amended as follows:



1. In article 1 (1). 3 (b). k), the words "(the purchase of foreign exchange resources)"

shall be deleted.



2. In section 25a paragraph 1. 4 (f)):



"(f)) the fight against the legalization of proceeds from crime and the financing of

terrorism, or the implementation of international sanctions in order to maintain

international peace and security, the protection of fundamental human rights and

the fight against terrorism, ".



3. In § 37 para. 1, the second sentence shall be deleted.



4. In article 38 paragraph 2. 2, the third sentence is replaced by the phrase "breach of duty

comply with the banking secrecy is not the communication of data about the client and his

shops in the administration of criminal, or notice in the performance of the notification

obligations under the Act on certain measures against the legalization of the proceeds

of crime and the financing of terrorism or by the law on the

the implementation of international sanctions ".



5. In article 38 paragraph 2. 3, letter e) is added:



"e) of the Finance Ministry, under the conditions provided for by law on certain

measures against the legalization of proceeds from crime and the financing of

terrorism or the law on the implementation of international sanctions ".



6. § 44a shall be deleted.



PART THREE



Amendment of the Act on supplementary pension insurance with State contribution



Article. (III)



In § 7 para. 7 of Act No. 42/1994 Coll. on supplementary pension insurance with

State contribution and on amendments to certain acts relating to his

the introduction, as amended by Act No 61/1996 Coll., Act No. 37/2004 Coll.,

Act No. 57/2006 Coll. and Act No. 70/2006 Coll., the third sentence is replaced by the

the phrase "under the conditions laid down by specific legislation are persons

referred to in the first sentence, for the purposes of the code of civil procedure, enforcement

proceedings under the enforcement code, the performance of banking supervision at the

consolidated basis, of the criminal proceedings, the tax administration and the fulfilment of

obligations to the competent authority pursuant to the Act on certain measures

against the legalization of proceeds of crime and terrorist financing or

According to the law on the implementation of international sanctions waiver

confidentiality. ".



PART FOUR



cancelled



Article. (IV)



cancelled



PART FIVE



Amendment of the Act No. 159/2000 Sb.



Article. In



In Act No 159/2000 Coll., amending Act No 61/1996 Coll., on

certain measures against the legalization of proceeds from crime and on the

amendments to related laws, as amended by Act No. 15/1998 Coll.,

and some other laws, including the first part of the title.



PART SIX



Amendment of the Act on free access to information



Article. (VI)



In section 11 (1) 4 of Act No. 106/1999 Coll., on free access to

information, as amended by Act No. 155/2000 Coll. and Act No 61/2006 Coll.

the letter e) is added:



"e) Ministry of finance activities pursuant to the Act on certain measures

against the legalization of proceeds of crime and terrorist financing or

According to the law on the implementation of international sanctions ".



Footnote No. 12a shall be deleted.



PART SEVEN



cancelled



Article. (VII)



cancelled



PART EIGHT



Amendment of the Act on the Czech consolidation agency



Article. (VIII)



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

to certain acts (the Act on the Czech Consolidation Agency), part six

including the title.



PART NINE



Amendment of the Act on the treatment of rough diamonds



Article. (IX)



In Act No. 440/2003 Coll. on the handling of rough diamonds, about

the terms of their import, export and transit of and amendment to certain laws,

the third part, including the title.



PART TEN



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

the law on the capital market, the Act on collective

investment and the law on bonds



Article. X



In Act No 257/2004 Coll., amending certain laws in relation to

the adoption of the law on the capital market, the Act on collective

investment and the law on bonds, is part of the twelve including title

repealed.



PART ELEVEN



Amendment of the Act No. 283/2004 Coll.



Article. XI



In the Act No. 283/2004 Coll., amending Act No 61/1996 Coll., on

certain measures against the legalization of proceeds from crime and on the

amendments to related laws, as amended, and

certain other acts, as amended by Act No. 344/2004 Coll., is part of the first

including the title.



PART TWELVE



Changing the law on lotteries and other similar games



Article. (XII)



Act No. 202/1990 Coll. on lotteries and other similar games, as amended by

Act No. 71/1994 Coll., Act No. 148/1998 Coll., Act No. 63/1999 Coll.

the Act No. 353/2001 Coll., Act No. 320/2002 Coll., Act No. 283/2004 Coll.

and Act No. 377/2005 is amended as follows:



1. In section 4, paragraph 4. 2, the first sentence of the following sentence "For the stake amount

the summary shall be deemed received by the operator's performance, which consists of bet

(deposit) and any fee or other consideration connected with the policy implemented

bet. This fee or other consideration connected with the policy implemented

do not enter into the calculation of the amount of the bet winnings according to the provisions of § 2 (b).

h).“.



2. in the second sentence of paragraph 33, including footnote No 11 is deleted.



3. § 36 odst. 2, the second sentence is replaced by the phrase "the range of identification

the data in the register and their retention is governed by certain

measures against the legalization of proceeds from crime and the financing of

terrorism. ".



Footnote No. 11a shall be deleted.



4. In section 46b of paragraph 1. 2, the second sentence is replaced by the phrase "breach of duty

confidentiality is not fulfilling the obligations to the competent authority referred to in

the Act on certain measures against the legalization of proceeds of crime

the activities and the financing of terrorism, or according to the law on the implementation of

international sanctions. "



Article. XIII



Transitional provision



The provisions of § 4 para. 2 the second sentence of the law No. 202/1990 Coll., as amended by

This Act, for the purposes of the Bill, according to the provisions of § 28, applied

for the first time in the statement of the intended operator

calendar year 2008.



PART THIRTEEN



Amendment of the Act on the legal profession



Article. XIV



In § 21 para. 6 second sentence Act No. 85/1996 Coll., on the legal profession, as amended by

Act No. 210/1999 Coll. and Act No. 79/2006 Coll., the words "special

the law on the measures against the legalization of proceeds from crime ^ 9a) "

replaced by the words "the Act on certain measures against the legalization of the proceeds

from criminal activity and financing of terrorism ".



Footnote No. 9a is repealed.



PART OF THE FOURTEENTH



Amendment of the Act No. 344/2005 Sb.



Article. XV



In the Act No. 344/2005 Coll., amending Act No 61/1996 Coll., on

certain measures against the legalization of proceeds from crime and on the

amendments to related laws, as amended,

Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in

as amended, and Act No. 283/2004 Coll., amending

Act No. 61/1996, on certain measures against the legalization of proceeds from

crime and amending and complementing related laws, as amended by

amended, and some other laws, including the first part of

the title shall be deleted.



PART FIFTEEN



Amendment of the Act amending the law on the territorial tax bodies



Article. XVI



In Act No 444/2005 Coll., amending Act No. 527/1990 Coll., on

territorial tax authorities, as amended, and some

other laws, is part of the sixties, including the title.



PART OF THE SIXTEENTH



Amendment of the Act amending the law on capital market



Article. XVII



In Act No 56/2006 Coll., amending Act No. 256/2004 Coll., on

the capital market, as amended, and other

related acts, with part two, including the title.



PART SEVENTEEN:



Amendment of the Act on the amendment of laws in the context of the unification of the supervision of


financial market



Article. XVIII



In the law No 57/2006 Coll., on the amendment of laws in the context of the unification of

the financial market supervision, part seven, including the title.



PART EIGHTEEN



Amendment of the Act on savings and credit cooperatives



Article. XIX



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. and Act No. 126/2008 Coll., is amended as follows:



1. In section 25a paragraph 1. 4 (b). (f)), after the word "activities", the words "and

the financing of terrorism ".



2. in paragraph § 25b. 2 the last sentence, the words "special law ^ 19)"

replaced by the words "the Act on certain measures against the legalization of the proceeds

of crime and the financing of terrorism or of the law on the implementation of the

international sanctions ".



Footnote 19 is repealed.



3. in paragraph § 25b. 3 (d)):



"(d)), the competent authority in accordance with the Act on certain measures against the

the legalization of the proceeds of crime and terrorist financing or

the law on the implementation of international sanctions ".



PART NINETEEN



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

the law on the implementation of international sanctions



Article. XX



In the Act No. 70/2006 Coll., amending certain laws in relation to

by adopting the law on the implementation of international sanctions, the third part, including

the title shall be deleted.



PART TWENTY-



To change the foreign exchange law



Article. XXI



Act No. 219/1995 Coll., the Foreign Exchange Act, as amended by Act No. 155/2000 Coll.

Act No. 366/2000 Coll., Act No. 483/2001 Coll., Act No. 126/2002 Coll.

Act No. 256/2004 Coll., Act No. 354/2004 Coll. and Act No 444/2005

Coll., is amended as follows:



1. In paragraph 1, point (i)) repealed.



Subparagraph (j)) and m) are known as letters i) to (l)).



2. in section 1 of the letters k) and (l)), including footnotes 3 and 4 are added:



"at the place)



1. a bank or savings and loan cooperative based in the territory of the country or

branch of a foreign bank, that are in the range of a bank licence or

permit under another law ^ 3) shall be entitled to perform the payment

contact ^ 4) in relation to foreign countries, foreign exchange cash or non-cash activity

foreign currency shops



2. a person that has been granted under this Act, foreign exchange licence



3. the person entitled to exercise exchange activities based on

registration, or



4. person authorised to carry out transactions in foreign currency or to perform

payment in relation to a foreign country on the basis of the principle of the single

of the license,



l) supply of mediation services to remittance from home to

abroad and taking payments from abroad to the country, including

cross-border transfers under the Act on payment systems



3) Act No. 21/1992 Coll., on banks, as amended.



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.



4) § 1 (1). 3 (b). c) of Act No. 21/1992 Coll.



§ 3 para. 1 (b). d) of Act No. 87/1995 Coll. ".



Footnote # 5 and 16 are deleted, including links to notes

below the line.



3. In paragraph 1, the following points (m)) and n) are added:



"m) offers currency exchange activities, the provision of services to third parties whose

the subject is the purchase or sale of banknotes, coins or cheques in foreign or

the Czech currency in banknotes, coins or cheques in other currencies



n) non-cash foreign currency trade in the provision of services to third

persons whose subject is the purchase or sale of a Czech or foreign currency for

a different currency where the client the foreign exchange and Foreign Exchange client

apply the transfer of funds from the account; non-cash shop

foreign currency means also a mediation or other provision

such a purchase or sale, including receiving and transmitting instructions to

its implementation or security; non-cash foreign currency trade

It is not an activity that corresponds to the provision of investment services by

the law governing the capital market. "



4. section 3, including title and footnotes Nos. 5 to 8:



"§ 3



Registration for foreign exchange activities



(1) offer or carry out exchange activities as a business can

only a natural or legal person who has been to this activity in advance

registered with the Czech National Bank ^ 5).



(2) the registration shall not be required if the exchange activities carried on in

the basis of the Bank or the single license under the law governing

banks ^ 6) or, if provided for by this Act or the law governing the

the activities of savings and credit cooperatives ^ 7) otherwise.



(3) the register, the Czech National Bank at the request of the person who intends to

Exchange activity. Performed by the registration cannot be transferred to

another person, or is transferred to a legal successor.



(4) the Czech National Bank performs the registration of natural persons to Exchange

activities if



and the applicant has attained the age) 18 years of age and is fully qualified to perform legal acts,



(b)) the true owner of the applicant in accordance with the Act on certain measures against the

the legalization of proceeds from crime and financing of terrorism (hereinafter ^ 8)

"true owner") is a person of integrity,



(c)), the person who will direct the business of the applicant, the person must be, and

has the appropriate education within the meaning of § 3d para. 3.



(5) the necessities and annexes of the application for registration of the natural person

currency exchange activities are



and) the name or names, and surname, nationality, birth number, and

If it has not been assigned, date of birth, address of permanent or other residence

the applicant,



(b)) the name or names, and surname, nationality, birth number, and

If it has not been assigned, date of birth, address of permanent or other residence

the beneficial owner of the applicant and the person who will manage the business

the applicant, in the case that this is a person different from the applicant,



c) documents proving the integrity of the applicant, the beneficial owner and

the person who will direct the business of the applicant,



d) documents proving that the person who will direct the business of the applicant,

has reached the appropriate education within the meaning of § 3d para. 3.



(6) the Czech National Bank performs registration of a legal entity to

currency exchange activities, if



and the person who is) a partner of the applicant, the statutory body of the applicant,

a member of the statutory body of the applicant, and the true owner of the applicant are

upright persons within the meaning of § 3d para. 1,



(b)) the person who will direct the business of the applicant, the person must be, and

has the appropriate education within the meaning of § 3d para. 3.



(7) the formalities and annexes of the application for registration of a legal person

currency exchange activities are



a) extract from the commercial register not older than 1 month or its officially

a certified copy or a document proving the establishment of the entity in the case

This legal entity in the register does not write;

legal person established outside the territory of the United Kingdom will submit a similar

the document,



(b)) the name or names, and the names, nationality and address of the

permanent or another person that is a partner of the applicant,

statutory authority and a member of the statutory body of the applicant, if these

the data are not provided in the submitted documents or different from them;

It is a companion to a legal person, the document referred to in point (a)) and the data to

the identification of its members and of the members of its statutory authority, to

After you determine the specific individuals,



(c)) the name or names, first and last name, nationality, date of birth

and address of permanent or other residence of the beneficial owner and the person who

will direct the business of the applicant,



d) documents proving the integrity of a shareholder of the applicant, a person who is

the statutory body of the applicant and a member of the statutory body of the applicant,

the beneficial owner and the person who will direct the business of the applicant,



e) documents proving that the person who will direct the business of the applicant,

has reached the appropriate education within the meaning of § 3d para. 3.



5) Article. 36 directive of the European Parliament and Council Directive 2005/60/EC of 26 July 2000.

October 2005 on the prevention of the misuse of the financial system for money laundering and

the financing of terrorism.



6) Act No. 21/1992 Coll., as amended.



7) Act No 87/1995 Coll., as amended.



8) § 4 paragraph 2. 4 Act No. 253/2008 Coll., on certain measures against the

the legalization of proceeds from crime and financing of terrorism ".



5. in section 3, the following new paragraph 3a to 3 h, which including the titles and notes

footnote # 9-11a:



' section 3a



Foreign Exchange license



(1) a banking licence granted to the Czech National Bank



and implementation of a mediation or non-cash) transactions in foreign currency [section

1 (b). n)], or



(b)) the provision of financial services [§ 1 (b). l)],




If these business activities in accordance with the commercial code; without

Foreign Exchange licence, no person shall offer or perform such activities ^ 5).



(2) foreign exchange licences are not required, if the activity referred to in paragraph

1 carried out on the basis of the Bank or the single licence under the Act

relating to the bank ^ 6) or, if provided for by this Act or by law

governing the activities of savings and credit cooperatives ^ 7) otherwise.



(3) foreign exchange licence is granted on request. In the foreign exchange licence

provides a range of privileges, the period for which shall be given, and the conditions that

is the person to whom the foreign exchange license grants, bound to observe. Released

Foreign Exchange licence cannot be transferred to another person, or is transferred to

legal successor.



(4) the Czech National Bank exchange rate shall be granted a licence if



the applicant, a person), which is a member of the applicant, a statutory body

the applicant, a member of the statutory body of the applicant, a person who, for

the applicant will carry out the negotiation and settlement of non-cash trades

with foreign currency, and the true owner of the applicant are blameless in the

the meaning of § 3d para. 1,



(b)) the person who will direct the business of the applicant, the person must be, and

has the appropriate education within the meaning of § 3d para. 3,



(c) the applicant has met the other conditions) for granting foreign exchange license, provided for

in § § 3b or 3 c.



section 3b



Non-cash transactions in foreign currency



(1) a banking license to non-cash foreign currency shops can be granted

a legal person shall only paid-up shares in the share capital of at least

10 000 000 CZK. This is not required, if the applicant for the exchange rate

license intends to mediate the only non-cash transactions in foreign currency

and in so doing will not be entitled to receive the funds nor guidance

clients.



(2) an application for the grant of a license to a non-cash foreign exchange shops with foreign

the currency contains, in addition to the information required by the administrative order, basic

information on the applicant, reasons and paper documents.



(3) the basic information about the applicant means



and) the name or names, and the names, nationality and address of the

permanent or another person that is a partner of the applicant,

statutory authority and a member of the statutory body of the applicant, if these

the data are not provided in the submitted documents or different from them,



(b)) the name or names, first and last name, nationality, date of birth

and address of permanent or other residence of the beneficial owner, the person who

will direct the business of the applicant, and the person for the applicant will be

carry out the negotiation and settlement of non-cash transactions in foreign currency.



(4) the grounds for the request must contain the



and business plan to the nearest) 3 years,



(b)) comment to the individual data of the business plan referred to in point (a)),

that contains information about the assumptions and conditions on which it is

the business plan is based on expected profit analysis capabilities

of the applicant to carry out the licensed activities in relation to the capital

facilities of the applicant, the formation of reserves and the potential impact on liquidity

profitability and asset quality,



(c)) ways to ensure against risks, their measurement, monitoring and management,



d) material-technical, organizational, and personnel security activities

related to the implementation of non-cash transactions in foreign currency



(e)) the procedure for the negotiation, execution, and settlement of credit transfers

shops including the price mechanism,



f) organizational chart of the applicant, including the names and surnames of the persons who

will hold individual working positions.



(5) documents, which form part of the application, are



and the articles of Association of the legal person,) where they are issued,



(b)) extract from the commercial register not older than 1 month or its officially

a certified copy or a document proving the establishment of the entity in the case

This legal entity in the register does not write;

legal person established outside the territory of the United Kingdom will submit a similar

the document,



c) documents proving the amount of the paid-up capital of the applicant,



d) documents proving the integrity of a shareholder of the applicant, a person who is

the statutory body of the applicant and a member of the statutory body of the applicant,

the beneficial owner, the person who will direct the business of the applicant, and

the person who the applicant will carry out the negotiation and settlement of

non-cash transactions in foreign currency



(e)) where the shareholder legal entity, a certificate of the person referred to in subparagraph

(b)) and papers to identify its members and members of its

statutory authority, to identify specific individuals,



f) documents proving that the person who will direct the business of the applicant,

has reached the corresponding education pursuant to § 3d para. 3,



g) professional biographies of people that will be for the applicant to carry out the negotiation

and settlement of non-cash transactions in foreign currency, and the persons referred to in

paragraph 3 (b). and), listing all the work to be performed,

business activities, other activities as self-employed persons,

membership in professional associations and membership in the bodies of other

legal persons, including membership terminated,



h) documents proving that the person who will direct the business of the applicant,

and the person to whom the applicant will carry out the negotiation or settlement

non-cash transactions in foreign currency, have successfully completed at least medium

education,



I) financial statements of the applicant for the last financial year, and in the case that

the applicant is part of a consolidated body, whether or not the consolidated financial

statements; If provided for by a special legal regulation, the accounting officer must be

statements, where appropriate, consolidated accounts audited and



j) agreements, which the applicant intends to enter into with clients, including model

evidence of negotiation and settlement-cash trade.



§ 3 c



Money services



(1) a banking license for the provision of financial services may only be granted

a legal entity or a natural person who has reached the age of 18 years and is

having the capacity to perform legal acts.



(2) if the applicant for the grant of a licence for the provision of cash foreign currency

the services of a natural person, the application must also set out the administrative requirements

the regulations contain



and) the name or names, and surname, nationality, birth number, and

If it has not been assigned, date of birth, address of permanent or other residence

the applicant,



(b)) the name or names, and surname, nationality, birth number, and

If it has not been assigned, date of birth, address of permanent or other residence

the beneficial owner and the person who will direct the business of the applicant, in

the case that this is a person different from the applicant,



c) documents proving the integrity of the applicant, the beneficial owner and

the person who will direct the business of the applicant,



d) documents proving that the person who will direct the business of the applicant,

has reached the corresponding education pursuant to § 3d para. 3.



(3) if the applicant for the grant of a licence for the provision of cash foreign currency

the services of a legal person, the application must outside the formalities laid down by the administrative

the regulations contain



a) extract from the commercial register not older than 1 month or its officially

a certified copy of or a document proving the establishment of the entity in the case

This legal entity in the register does not write;

legal person established outside the territory of the United Kingdom will submit a similar

the document,



(b)) the name or names, and the names, nationality and address of the

permanent or another person that is a partner of the applicant,

statutory authority and a member of the statutory body of the applicant; If

companion to a legal person, the document referred to in point (a)) and the data to

the identification of its members and of the members of its statutory authority, to

After you determine the specific individuals,



(c)) the name or names, first and last name, nationality, date of birth

and the permanent address of the beneficial owner or another residence and the person who

will direct the business of the applicant,



d) documents proving the integrity of a shareholder of the applicant, a person who is

the statutory body of the applicant and a member of the statutory body of the applicant,

the beneficial owner and the person who will direct the business of the applicant,



e) documents proving that the person who will direct the business of the applicant,

has reached the corresponding education pursuant to § 3d para. 3.



§ 3d



Common provisions for the registration and the granting of foreign licenses



(1) for integrity, for the purposes of this Act, a person who is not considered to

has been lawfully convicted of a crime



and committed intentionally, or)



(b) committed through negligence), which is related to the merits of the subject

the intended business, if it does not look as if it has not been

doomed ^ 9).



(2) the integrity of the shows



and natural persons) at the place of residence or other residence in the territory of the United

Republic statement of criminal records, not earlier than 1 month;

This does not apply in the case where you can request this statement by the Czech national

the Bank under special legislation,



(b)) for natural persons with the place of residence or other residence outside the territory of the

The United States and with the person who is in the last 5 years continuously

During her stay outside the territory of the Czech Republic for longer than 6 months,

a similar document statement of criminal records issued by the fact

the legitimate authority of the State of permanent or other residence of that person, and


States in which this person in the past 5 years continuously

resided for more than 6 months; If the State of permanent or other

the stay of this person is not the same as the State of which that person is a citizen,

also the document issued by the State of which he is a citizen.



(3) the appropriate education for the purposes of this Act shall mean such

education, including the education acquired experience, which enables you to perform

registered or licensed activities and fulfil the obligations associated with

its implementation in accordance with the legal order of the Czech Republic. Secondary

Education ^ 10) is always considered appropriate education. For sufficient

the practice is considered to be work experience with the activities of a registered or

licensed under this Act, and at least 6 months. When

recognition of professional qualifications of authorized persons shall be treated according to the law

on the recognition of professional qualifications ^ 11).



(4) the Czech National Bank leads the list of foreign exchange spots and they granted

valid permits (licences, registrations, or foreign exchange) and publishes it

and in a way allowing remote access. The list contains the following information



and entrepreneurial natural persons) in her name, or first name, and last name,

Alternatively, business name, business address and the identification number,



(b)) in the legal person's business name, registered office or place of business and

identification number,



(c)) for registration number and the term for which it is granted,



(d) foreign exchange licence) for her number, scope of authority and the period for which the

grants.



Obligations in the performance of registered and licensed activities



section 3e



Exchange place, which was registered to a money exchange activities, the

the performance of this activity, required to



and) notify without undue delay the Czech National Bank on the change

the essential data contained in the application for registration; these substantial

information lays down detailed legislation,



(b)) to carry out the purchase and sale of foreign currency only at premises in advance

registered the Czech National Bank,



(c)) to ensure that the exchange activities have been carried out only by persons

that they are holders of a certificate of graduation from a vocational course

recognition means suspected of forgery or alteration, issued by

The Czech National Bank or a person entitled to do so; the provisions of the

special legislation on the recognition of professional qualifications are

prejudice,



(d)) to acquire, update and use the file information in printed or

electronic form with a description of the valid means of payment and currencies

that buys and sells foreign exchange place, and information about their release,

the validity and the period of Exchange,



e) to inform clients clearly and unambiguously on the conditions of purchase and

sale of foreign currency, used by purchase and sales courses and prices

the services provided; detailed conditions for the information of clients provides

the implementing legislation,



(f)) to make the purchase and sale of foreign currency by purchasing or sales

the course referred to in the quotation of the ticket exchange places; details

down implementing legislation,



g) not to use when promoting their services is incorrect or incomplete

information,



h) show the Czech National Bank data on quantities purchased and

sold foreign currencies in accordance with the Decree of the Czech National Bank.



section 3f



(1) foreign exchange place is based on a foreign exchange license to direct debit

foreign currency shops authorized to point out the converted cash

resources on the account according to the instructions of the client.



(2) foreign currency instead of foreign exchange which has been granted a license to

non-cash foreign currency shops, in the exercise of this activity

obliged to



and) notify without undue delay the Czech National Bank on the change

the essential information given in the application for a banking licence; These

material information shall adopt detailed legislation,



(b)) to make cash transactions in foreign currency only in the premises of the

registered in advance of the Czech National Bank,



(c)) to keep and archive records and evidence of non-cash transactions

foreign currency in accordance with the implementing regulation,



d) conclude with the client prior to a written contract for services

non-cash foreign currency stores, which must include procedures and

the conditions for negotiation, implementation and settlement of individual shops, and

to issue the client a proof of the conclusion of and proof of non-cash settlement

trade in foreign currency; the particulars of these documents lay down the detailed

legislation,



(e)) to make cash transactions in foreign currency according to the exchange rate

agreed with the client,



(f)) to ensure the transfer of funds to an account specified by the

by the client within the period agreed with the client when the deal is done,



g) to inform the client clearly and unambiguously on the prices provided by

services before the services,



(h)) to keep client funds in a separate account, separate from the

other accounts the foreign exchange locations



I) registered status and movements of funds for individual clients

separately from the assets of foreign-exchange place



j) introduce information and organizational barriers limiting the possibility of a conflict of

interests between him and his client or his clients to each other,



k) an internal regulation to lay down rules for trades concluded by

employees of foreign exchange places on their own account or on behalf of people they

nearby and to ensure compliance with these rules,



l) to ensure that in the implementation of non-cash transactions in foreign currency

It was separated organizationally and in terms of personnel



1. the negotiation of these transactions,



2. the settlement of these transactions,



3. the ongoing review of compliance with the legal obligations and internal

the foreign exchange regulations of the sites (hereinafter referred to as "compliance officer"),



4. accounting,



m) to ensure the systematic implementation of internal controls, including

compliance of all activities related to non-cash trades

with foreign currency; details provided by the implementing legislation,



n) provable way notify clients, in particular on the important

fact, commitments and possible financial loss associated with the

non-cash foreign currency trade, as well as other monetary obligations,

If the result from the execution of trade



about) not to use when promoting the services of incorrect or incomplete information and

not to offer benefits that cannot provide.



(3) if the holder of a foreign exchange license only

facilitate non-cash transactions in foreign currency and not doing so

entitled to receive funds or clients instructions, do not apply

to the obligations referred to in paragraph 2 (a). c), (e)), f), (h)), i) and (l)).



§ 3 g



(1) foreign currency instead of foreign exchange, which has been granted a licence to provide

financial services, is also authorized to conduct or mediation

transfers of funds within the country according to the law on payment systems.



(2) foreign currency instead of foreign exchange, which has been granted a licence to provide

financial services, it is required to



and) notify without undue delay the Czech National Bank on the change

the essential information given in the application for a banking licence; These

material information shall adopt detailed legislation,



(b)) to provide cash services only in the premises of registered in advance

The Czech National Bank,



(c)) to ensure that the money services were provided only by persons

hold a certificate of graduation from a vocational course recognition

cash suspected of forgery or alteration, issued by the Czech

National Bank or a person entitled to do so; the provisions of the law on

recognition of professional qualifications ^ 11) are not affected,



(d)) to acquire, update and use the file information in printed or

electronic form with a description of the valid means of payment and currencies

that Exchange instead of adopting and paid in the framework of the provision of cash

services, and information about their issue, validity and the period of the Exchange.



(3) If the foreign exchange spot foreign exchange licences have been granted for the provision of

financial services, excluding payments in cash in a foreign

currency, be subject to the obligations referred to in paragraph 2 (a). (c)), and

(d)).



§ 3 h



(1) foreign exchange place, which is not a Bank, a branch of a foreign bank or

savings or cooperative, úvěrním can perform foreign exchange cash working or

non-cash transactions in foreign currency or provide money services only

in the premises, which were registered in advance for this purpose by the Czech

National Bank; an establishment for the purposes of this Act, shall be deemed to also

currency exchange machines.



(2) the registration of an establishment for the performance of registered or licensed activities

The Czech National Bank on the basis of evidence



the address of the establishment, and)



(b)) of the title to the use of the establishment,



c) occupancy ^ 11a) if the establishment agreement of the successful commissioning of the

is subject to.



(3) foreign exchange place is obliged without undue delay notify the United

National Bank of amendment or cancellation of the registered establishment. The registration of

establishment, the Czech National Bank will change or be cancelled on the basis of this

notification of foreign exchange places. The registration of an establishment may, Czech National Bank

Cancel if it finds that foreign exchange place in the registered

the establishment does not registered or licensed activity for

longer than 12 months.



(4) unless the Czech National Bank to the applicant about the execution, amendment or


cancellation of registration of an establishment within 30 calendar days of the date of

the request that the request is rejected, the application.



for example, § 9) 69 and 70 of the Penal Code, section 363 et seq.. the criminal procedure code.



10) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended

regulations.



11) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

amendments to certain laws (law on the recognition of professional qualifications), as amended by

amended.



11A) Act No. 183/2006 Coll., on zoning and the building code

(the building Act). ".



6. in § 5 para. 3, after the word "business" link on the comment No 6

repealed.



7. In § 8 para. 4, the words "may perform only those operations that are"

replaced by the words "it is required to carry out their activities" and the words "

concession to the foreign exchange activities of the documents issued pursuant to the Special

the law ^ 5) "shall be replaced by the word" and ".



8. In article 8, paragraph 6 shall be deleted.



9. Article 9 shall be deleted.



10. section 22 to 24, including the following titles:



"§ 22



The procedure of foreign exchange authorities in finding violations of foreign exchange regulations



(1) if the foreign exchange authority that the person has violated foreign exchange regulations, the

This person



and) save measures to remedy the shortcomings noted and for that purpose,

set a deadline to eliminate these shortcomings,



(b)) to suspend activity that is in violation of foreign exchange rules,



(c)) prohibit an activity that is in violation of foreign exchange rules,



(d)) to change the scale or the conditions of the licence, granted by the foreign exchange



e) cancel the registration, remove the exchange rate or the special license

the authorization,



f) save a fine.



(2) for violations of foreign exchange regulations and range exceeded

permits and failure to comply with the conditions laid down in the registration, foreign exchange

the licence or in the special permit (§ 32 para. 1 and 2).



(3) a person that has been saved measures referred to in paragraph 1 (b). a)

obliged to inform the foreign exchange authority about how to eliminate

deficiencies within the time limit set by the foreign authority.



(4) the decision on the suspension of the activities referred to in paragraph 1. (b))

the foreign exchange authority shall determine the time and extent of the suspension of activities.



(5) the party to the proceedings referred to in paragraph 1 (b). (b) to (f))) is the only person

suspected of violating foreign exchange rules.



Article 23 of the



Change foreign exchange license



(1) the Czech National Bank can change the scope and terms of foreign exchange licence

If it finds serious violations of foreign exchange regulations in the performance of

the foreign exchange activities of the place or of serious or repeated violations of the

the conditions under which the foreign exchange licence is issued.



(2) the Czech National Bank exchange rate may change the license at the request of

Foreign Exchange places.



(3) the decision to change the foreign exchange licence shall indicate the Czech National Bank

the new scope and terms of the authorized activities.



section 24



Cancellation of registration or withdrawal of foreign exchange license



(1) the Czech National Bank can cancel or withdraw the exchange rate

the licence, if the



and the registration was made or) foreign exchange licence was granted on

the basis of false or incomplete information, the



(b) there has been a material change) the facts on the basis of which the

performed registration or license granted to a foreign currency, especially if the

foreign exchange spot no longer satisfies the conditions for registration set out in

§ 3 para. 6 this Act or the conditions for granting foreign exchange license

provided for in § 3a paragraph 2. 4 of this Act, or



(c) the holder of the registration or Exchange) the license repeatedly or severe

breach of foreign exchange regulations.



(2) the Czech National Bank exchange rate or withdraw the registration cancels the license

at the request of its holder. ".



11. under section 24 shall be added to § 24a is inserted:



"§ 24a



Registration or licence ceases to exist whether or not foreign exchange on the date of death

a natural person or a legal person cancellation. ".



12. section 25 to section 28 including the following title:



"Administrative offences



§ 25



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and) contrary to section 3 (2). 1 and 2, offers or performs Exchange activity

without registration or in conflict with her,



(b)) in violation of § 3a paragraph 2. 1 and 2, offers or makes non-cash

shops with foreign currency or money services without the exchange of a licence or

contrary to it,



(c)) as a Czech citizen fails to comply with the obligation of notification according to § 5 para. 1 or 2,



(d)) as an outworlder, who conducts business in the territory of the country, fails to comply with the notification

the obligation pursuant to § 5 para. 3,



(e)) as a Czech citizen or an outworlder



1. the foreign exchange point of a special permit pursuant to § 7 para. 2,

or



2. does not mark the payment purpose received from abroad in accordance with § 7 paragraph 1. 3,



f) fail to comply with information requirements under section 22 para. 3,



(g) fails to comply with the obligation of deposit) according to § 31 para. 1,



h) contrary to section 31a para. 3 for the duration of the obligation of deposit freely

handling of funds that are stored in a special account or transfer to

their right to their payment to another person,



I) violate the prohibition in § 32 para. 1 or 2, or



j) as the operator of a mass of information resource in violation of §

32 para. 5 does not publish the information on the Declaration of an emergency in the Forex

economy.



(2) the CSD, any other person authorized to record keeping

investment instruments or securities dealer is guilty of

the administrative offense that fails to comply with the obligation of notification according to § 5 para.

4.



(3) an administrative offense shall be fined in the



and 100 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). c) to (f))

or referred to in paragraph 2,



(b) 5 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)



(c) Eur 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (b)),



(d) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (h)), and)

or (j)),



0.3% of the amount e) mandatory deposit for each calendar day of non-compliance with

the deposit obligation, in the case of an administrative offence referred to in paragraph 1 (b).

(g)).



section 26



(1) foreign currency instead of committing an administrative offense, by



and) contrary to section 3 h of paragraph 1. 1 shall carry out exchange activities or

non-cash transactions in foreign currency or provides cash services to

elsewhere than on the premises of registered Czech National Bank,



(b) has notified a change or cancellation) of an establishment pursuant to section 3 h of paragraph 1. 4,



(c)) does not pass him the reported fact foreign exchange authority pursuant to § 5 para.

6,



d) treated with information obtained in the performance of the notification obligation

contrary to section 5 (3). 7,



(e) does not request authorization before performing) payment pursuant to § 8 para. 1, or



(f)) does not notify the identified infringements of exchange regulations or suspected

their infringement pursuant to § 8 para. 5.



(2) foreign currency instead of the authorized to purchase and sell foreign currency in cash

committing an administrative offense that fails to comply with the obligation laid down his

for the performance of foreign exchange activity in section 3e.



(3) foreign currency instead of foreign exchange, which has been granted a license to

non-cash foreign currency shops, is guilty of an administrative offense by

that fail to comply with the obligation laid down for non-cash transactions in foreign

currency in section 3f.



(4) foreign currency instead of foreign exchange, which has been granted a licence to provide

financial services, committing an administrative offense that fails to comply with

obligation for the provision of financial services in section 3 g.



(5) an administrative offense shall be fined in the



and 500 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). c) to (f)),



(b)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and) or

(b)) or paragraph 2 or 4,



(c) Eur 10 000 000), in the case of an administrative offence under paragraph 3.



section 27 of the



(1) a natural person has committed the offence by



and) contrary to section 3 (2). 1 and 2, offers or performs Exchange activity

without registration or in conflict with her,



(b)) in violation of § 3a paragraph 2. 1 and 2, offers or makes non-cash

shops with foreign currency or money services without the exchange of a licence or

contrary to it,



(c)) as a Czech citizen fails to comply with the obligation of notification according to § 5 para. 1 or 2,



(d)) as a Czech citizen or an outworlder



1. the foreign exchange point of a special permit pursuant to § 7 para. 2,

or



2. does not mark the payment purpose received from abroad in accordance with § 7 paragraph 1. 3,



e) fail to comply with information requirements under section 22 para. 3,



(f) fails to comply with the obligation of deposit) according to § 31 para. 1,



g) contrary to section 31a para. 3 for the duration of the obligation of deposit freely

handling of funds that are stored in a special account or transfer to

their right to their payment to another person,



(h)), pursuant to section 32 prohibition violates paragraph 2(b). 1 or 2, or



I) as an operator of mass information resource in violation of §

32 para. 5 does not publish the information on the Declaration of an emergency in the Forex

economy.



(2) a fine may be imposed for the offense to



and 100 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). c), (d))

or (e)),



(b) 5 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)



(c) Eur 10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). (b)),



(d) 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). g), (h))

or i),



0.3% of the amount e) mandatory deposit for each calendar day of non-compliance with

the deposit obligation, in the case of an administrative offence referred to in paragraph 1 (b).

(f)).



section 28



(1) a legal person for an administrative offence is not liable if he proves that


made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than 5 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

The Czech National Bank.



(5) The liability for the acts, which took place in the business

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(6) the authority which levied the fine is imposed and enforced by the Customs Office. The stored

penalty is due within 30 days from the date when the decision on its imposition

came into legal force. Income from fines is the State budget revenue.



(7) the costs for breach of duties under this Act,

are the income budget of the Czech National Bank and are due within 30 days from the

the date on which the decision to save them has power. The costs of proceedings

selected at the time of their maturity. "the Czech National Bank.



13. section 30 reads:



"section 30



The breakdown brought against decision pursuant to section 22 paragraph 1. 1 (b). b), c), (d))

or (e)) does not suspend. ".



14. under section 30, the following new section 30a, which including the title reads as follows:



"section 30a



Powers of execution



The Czech National Bank shall issue a decree



and) material information given in the application for registration and of the exchange rate

the license, which is required to change the foreign exchange instead of the Czech National Bank

without undue delay inform,



(b)) the way information to clients of foreign exchange places,



(c)) the conditions for the implementation of non-cash transactions in foreign currency



d) range, period, period of performance, and the way the structure of the data reported

the optimum quantity of purchased and sold foreign currencies,



e) range, period, period, and method of implementation of notification obligations pursuant to §

5. ".



Article. XXII



Transitional provisions



1. concessions for Exchange activity and foreign exchange license to sell foreign

currency in cash issued in accordance with the existing legislation shall cease to

the validity of the expiry of 18 months from the date of entry into force of this

law, unless within that period made the request for the Czech National Bank

registration for foreign exchange activities referred to in section 3 of the Act No. 219/1995 Coll.

the foreign exchange law, in the version in force from the date of entry into force of this

the law. To the date of issue of the marketing authorisation to exchange activities

pursuant to section 3 of Act No. 219/1995 Coll., the Foreign Exchange Act, in the version in force from

the effective date of this Act, the holders of concessions for advance

Exchange activity and are subject to exchange control under the existing

legislation. The acquisition of the decision on registration

Foreign Exchange activity terminates the concession for the operation of Exchange issued

According to the existing legislation. The Czech National Bank in the interim

period shall inform the authorities about the trade carried out by the holders of registrations

concession deeds to currency exchange activities.



2. holders of foreign exchange licences, issued by the Czech National Bank as

the existing legislation, within a period of 18 months from the date of acquisition

the effectiveness of this law, the Czech National Bank show that the real

the owners and the persons that control the business of foreign exchange spots are eligible

and good repute of a person within the meaning of section 3d of Act No. 219/1995 Coll. foreign exchange

the law, in the version in force from the date of entry into force of this Act.



3. Foreign Exchange the places foreign exchange licences have been issued for the provision of

financial services according to the existing legislation, it shall, within the time limit

18 months from the date of entry into force of this law, so that this activity

performed by persons who are certified pursuant to § 3 g para. 2 (a).

c) of Act No. 219/1995 Coll., the Foreign Exchange Act, in the version in force from the date of

entry into force of this Act.



4. The certificate of completion of vocational course on means of recognition

suspected of forgery or alteration, issued by the Czech National Bank

pursuant to section 4, paragraph 4. 2 (a). g) Decree No. 431/2002 Coll., laying down the

requirements for an application for grant of a foreign exchange license, terms and conditions

for the implementation of certain trades with foreign exchange values and procedure for

dealing with counterfeit or falsified means, shall be treated as

the certificate required under section 3e (b). (c)) and pursuant to § 3 g para. 2 (a). (c))

Act No. 219/1995 Coll., the Foreign Exchange Act, in the version in force from the date of acquisition

the effectiveness of this Act.



5. Foreign Exchange license to Exchange foreign currency for game currency and Exchange WINS in the

foreign currency for another currency in the operation of gambling in a casino day

entry into force of this law shall cease to have effect.



6. establishments approved by the Czech National Bank to perform currency exchange

activities under the existing legislation, the effective date of

of this Act, be considered as an establishment registered the Czech National Bank.



7. the procedure for violations of foreign exchange regulations initiated prior to the date of acquisition

the effectiveness of this law shall be completed in accordance with existing legislation;

If it is for a person who has violated exchange regulations more favourable

completed in accordance with Act No. 219/1995 Coll., the Foreign Exchange Act, as amended by

effective from the date of entry into force of this Act.



8. the procedure for the granting of licenses, initiated pursuant to the existing foreign exchange

the legislation shall be completed pursuant to Act No. 219/1995 Coll. foreign exchange

the law, in the version in force from the date of entry into force of this Act. Time limits

the proceedings, which began before the date of entry into force of this Act,

It runs from the date of entry into force of this Act again.



9. the Bank, which at the date of entry into force of this Act has in the Bank

Exchange-enabled activity licence pursuant to § 1 (1). 3 (b). k)

Act No. 21/1992 Coll., on banks, in the version in force prior to the date of acquisition

the effectiveness of this law, and at the same time trading on their own account or on

the client's account with foreign exchange values according to § 1 (1). 3 (b). m) of the Act

No 21/1992 Coll., on banks, in the version in force before the date of entry into force of

This Act shall continue to be entitled to carry out exchange activities in accordance with

§ 1 (1). 3 (b). k) Act No. 21/1992 Coll., on banks, in the version in force

from the date of entry into force of this Act, to the extent of the activities

involving the purchase and sale of cash foreign currency, if these

the activities were not excluded or restricted banking license decision

issued by the Czech National Bank according to the existing legislation.



10. A person who, on the date of entry into force of this Act shall be exercised by the

the basis of the foreign exchange licence or expression of the Czech National Bank,

the replacement licence issued under the Foreign Exchange Act No. 219/1995 Coll.

the foreign exchange law, in the version in force until the date of entry into force of this Act,

the activity that corresponds to the provision of investment services under the law on

the capital market in this activity may continue for a maximum

for a period of 9 months from the date of entry into force of this Act. After the expiry of the

This period authorization to pursue this activity on the basis of foreign exchange license

ceases to exist.



PART OF THE TWENTY-FIRST



cancelled



Article. XXIII



cancelled



Article. XXIV



cancelled



PART TWENTY-TWO



Amendment of the Act on Česká národní banka



Article. XXV



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., Act No. 276/2001

Coll., Act No. 483/2001 Coll., Act No. 127/2002 Coll., Act No. 257/2004

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. and Act No. 124/2008 Coll., is amended as follows:



1. section 21:



"section 21



(1) false or falsified banknotes and coins denominated in Czech Crown

or in a foreign currency or banknotes and coins denominated in Czech Crowns, or

in foreign currency, which will create a reasonable suspicion that they are counterfeit

or amended (hereinafter referred to as "suspicious banknotes and coins"), shall be taken

legal persons without compensation and to be transmitted is the Czech National Bank. These

persons are entitled to request from the suspicious banknotes and coins

submit to prove his identity. Remove suspicious banknotes and

coins shall notify the person who is gone, law enforcement authorities

control.



(2) the duties and privileges referred to in paragraph 1, and the natural person

performing the activity or providing money exchange services by

the Exchange Control Act. ".



2. in section 22 (a). (b)), the word "counterfeit" is replaced by

"suspicious".



3. In paragraph 41, paragraph 6 shall be deleted.



The present paragraph 7 shall become paragraph 6.



4. Section d, including the title reads as follows:



"§ d



Administrative offenses against circulation



(1) a legal person or natural person conducting business

Exchange activity or providing cash services by the foreign exchange

the Act is guilty of an administrative offense that does not remove suspicious

the banknote or coin, although it is required to do so under section 21 or directly

of the applicable legislation of the European communities, 11 c) ^ ^ and do not pass

it to the Czech National Bank.




(2) for the administrative offence referred to in paragraph 1 shall be fined up to 1 000 000

CZK. ".



PART TWENTY-THREE



Amendment to the Trade Licensing Act



Article. XXVI



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

as amended by Act No. 234/1992 Coll., Act No. 523/1992 Coll., Act No.

591/1992 Coll., Act No. 600/1992 Coll., Act No. 273/1993 Coll., Act No.

303/1993 Coll., Act No. 38/1994 Coll., Act No. 42/1994 Coll., Act No.

136/1994 Coll., Act No. 200/1994 Coll., Act No. 237/1995 Coll., Act No.

286/1995 Coll., Act No. 94/1996 Coll., Act No. 95/1996 Coll., Act No.

147/1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll., Act No.

61/1997 Coll., Act No. 79/1997 Coll., Act No. 217/1997 Coll., Act No.

280/1997 Coll., Act No. 15/1998 Coll., Act No. 82/1998 Coll., Act No.

157/1998 Coll., Act No. 167/1998 Coll., Act No. 159/1999 Coll., Act No.

356/1999 Coll., Act No. 359/1999 Coll., Act No. 360/1999 Coll., Act No.

363/1999 Coll., Act No. 27/2000 Coll., Act No. 29/2000 Coll., Act No.

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

124/2000 Coll., Act No. 149/2000 Coll., Act No. 151/2000 Coll., Act No.

158/2000 SB., no. 247/2000 Coll., Act No. 247/2000 Coll., Act No.

258/2000 Coll., Act No. 308/2000 Coll., Act No. 367/2000 Coll., Act No.

409/2000 Coll., Act No. 458/2000 Coll., Act No. 61/2001 Coll., Act No.

100/2001 Coll., Act No. 120/2001 Coll., Act No. 164/2001 Coll., Act No.

256/2001 Coll., Act No. 273/2001 Coll., Act No. 477/2001 Coll., Act No.

477/2001 Coll., Act No. 501/2001 Coll., Act No. 86/2002 Coll., Act No.

119/2002 Coll., Act No. 174/2002 Coll., Act No. 281/2002 Coll., Act No.

309/2002 Coll., Act No. 320/2002 Coll., Constitutional Court

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

130/2003 Coll., Act No. 161/2003 Coll., Act No. 222/2003 Coll., Act No.

228/2003 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll., Act No.

441/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004 Coll., Act No.

167/2004 Coll., Act No. 170/2004 Coll., Act No. 256/2004 Coll., Act No.

284/2004 Coll., the Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No.

635/2004 Coll., Act No. 695/2004 Coll., Act No. 58/2005 Coll., Act No.

95/2005 Coll., Act No. 127/2005 Coll., Act No. 216/2005 Coll., Act No.

253/2005 Coll., Act No. 361/2005 Coll., Act No. 428/2005 Coll., Act No.

444/2005 Coll., Act No. 62/2006 Coll., Act No. 70/2006 Coll., Act No.

76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll., Act No.

131/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No.

179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No.

212/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No.

310/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll., Act No.

269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No.

130/2008 Coll. and Act No. 189/2008 Coll., is amended as follows:



1. In article 3, paragraph 3. 3 (b). a), the words ' payment operators

^ 11b) systems, "the words" the activities of persons carrying out or

facilitating transfers of funds 11 c), activity ^ ^ people

doing business on the basis of the registration of the foreign exchange activities of ^ 11 d)

the activity of entrepreneurs based on foreign exchange license ^ 11 d), ".



Footnote # 11 c and 11 d are added:



"11 c) § 2a of law No 124/2002 Coll., as amended by Act No. 253/2008 Sb.



11 d) Act No. 219/1995 Coll., the Foreign Exchange Act, as amended

regulations. ".



2. In article 11 (1) 8 the second sentence, the words "paragraph. 12 "shall be replaced by" paragraph.

11. "



3. in § 31 para. 4, after the words "without proof of the acquisition," the words

"the cultural relics or objects of cultural value" and the words

"identify its participants" shall be inserted after the words "under the law on

certain measures against the legalization of proceeds of crime and

the financing of terrorism ".



4. In article 31, paragraph 5 shall be deleted.



Paragraphs 6 to 19 shall be renumbered as paragraphs 5 to 18.



5. in § 31 para. 6 the first sentence, including footnote # 31b

repealed.



6. in § 31 para. 6, the words "referred to in paragraphs 4, 5 and 6 ' shall be replaced by

"paragraphs 4 and 5".



7. in § 31 para. 12, the words "paragraph 12" shall be replaced by "paragraph

11. "



8. in § 31 para. 13, the words "paragraphs 12 and 13 shall be replaced by

"paragraphs 11 and 12."



9. In § 62 para. 1 (b). m), the words "paragraph. 7 "is replaced by" paragraph. 6 "

and the words "paragraph. 4, 5, 6 "shall be replaced by" paragraph. 4 and 5 ".



10. In § 62 para. 1 (b). n), the words "paragraph. 8 "shall be replaced by" paragraph.

7. "



11. In § 62 para. 1 (b). about), the words "paragraph. 9 "shall be replaced by" paragraph.

8. "



12. In § 62 para. 1 (b). p), the words "paragraph. 10 "shall be replaced by" paragraph.

9. "



13. in § 62 para. 1 (b). q), the words "paragraph. 12 "shall be replaced by" paragraph.

11. "



14. in § 62 para. 1 (b). r), the words "paragraph. 13 "shall be replaced by" paragraph.

12. "



15. In § 62 para. 1 (b). with the words "paragraph). 15 "shall be replaced by" paragraph.

14. "



16. in § 62 para. 1 (b). t), the words "paragraph. 16 "shall be replaced by" paragraph.

15. "



17. in § 62 para. 1 (b). for) the words "paragraph. 17 "shall be replaced by" paragraph.

16. "



Article. XXVII



Transitional provision



Unfinished proceedings for the award of the concession "Exchange activity"

the effective date of this Act. Trade Licensing Office to 15

working days return to the applicant the application for the granting of concessions and papers

attached to the application and at the same time to learn about the new registration law

to currency exchange activities under the Exchange Control Act. Trade Office

also returns the administrative fee has been paid.



PART OF THE TWENTY-FOURTH



Amendment of the Act on administrative fees



Article. XXVIII



In part I, item 10 of the annex to the Act No 634/2004 Coll., on administrative

fees, as amended by Act No. 309/2006 Coll., the letter b)

a new subparagraph (c)), including footnote No. 9a is added:



"(c)) the implementation of the identification and drafting

public documents on the identification of ^ 9a)-$ 200



9A) Act No. 253/2008 Coll., on certain measures against the legalization of

the proceeds of crime and terrorist financing. "



Subparagraph (c)) and (d)) shall become points (d) and (e)).)



PART OF THE TWENTY-FIFTH



Amendment of the Act on tax advice and the Chamber of tax advisers of the Czech

of the Republic of



Article. XXIX



Act No. 523/1992 Coll., on income tax advice and the Chamber of tax advisors

The Czech Republic, as amended by Act No. 170/2004 Coll., Act No. 284/2004

Coll., Act No. 70/2006 Coll., Act No. 309/2006 Coll., Act No. 124/2008

Coll. and Act No. 189/2008 Coll., is amended as follows:



1. In article 6 (1). 8 the second sentence, after the words "that obligation ' shall be

the words ", including for the purposes of criminal proceedings".



2. In article 6 (1). 8 last sentence, the words "special legal regulation of

the fight against the legalization of proceeds of crime, or the Special

legal regulation on the implementation of international sanctions in order to maintain

international peace and security, the protection of fundamental human rights and

the fight against terrorism "are replaced by the words" the Act on certain measures

against the legalization of proceeds from crime and the financing of terrorism and

the law on the implementation of international sanctions ".



3. § 12 para. 1 introductory part of the provisions, the words "this Act"

the words "or the Act on certain measures against the legalization of

the proceeds of crime and the financing of terrorism ".



4. in section 12 paragraph 1. 1 (b). (b)), the word "Crowns" is replaced by "Eur".



PART TWENTY-SIX



Change the enforcement code



Article. XXX



Act No 120/2001 Coll., on judicial executors and enforcement activities

(enforcement procedure) and amending other laws, as amended by Act No. 6/2003 Coll.

Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.

Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.

Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.

Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll.

Act No. 253/2006 Coll., Act No. 296/2007 Coll. and Act No. 347/2007

Coll., is amended as follows:



1. In article 7 (2). 5 the first sentence, the word "and" is replaced by a comma and at the end of

sentence, the words "and of compliance with the obligations laid down

subject to the Act on certain measures against the legalization of proceeds from

crime and the financing of terrorism ".



2. in § 31 para. 7 the second sentence, the words "special legal regulation of

the fight against the legalization of proceeds of crime, or the Special

legal regulation on the implementation of international sanctions in order to maintain

international peace and security, the protection of fundamental human rights and

the fight against terrorism "are replaced by the words" the Act on certain measures

against the legalization of proceeds from crime and the financing of terrorism and

the law on the implementation of international sanctions ".



3. In article 116 paragraph 1. 2 of the introductory part, the words ' the provisions of the Act or the

prosecutors or "shall be replaced by" the law, professional

law or by the Act on certain measures against the legalization of proceeds from

crime and the financing of terrorism ".



PART TWENTY-SEVEN



Amendment of the Act on Auditors



Article. XXXI



Act No. 254/2000 Coll. on Auditors and amending Act No. 167/1998 Coll.,


as amended by law no 209/2002 Coll., Act No. 169/2004 Coll., Act No.

284/2004 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.

70/2006 Coll., Act No. 296/2007 Coll. and Act No. 124/2008 Coll., is amended

as follows:



1. in article 15, paragraph 2. 1 the last sentence, the words "special legal regulation

on the fight against the legalization of proceeds of crime, or the Special

legal regulation on the implementation of international sanctions in order to maintain

international peace and security, the protection of fundamental human rights and

the fight against terrorism "are replaced by the words" the Act on certain measures

against the legalization of proceeds from crime and the financing of terrorism and

the law on the implementation of international sanctions ".



2. in section 21 para. 1 introductory part of the provisions, the word "or" is replaced by

the comma and the word "directive" shall be inserted the words "or by the law of

certain measures against the legalization of proceeds of crime and

the financing of terrorism ".



3. in section 21 para. 3 of the introductory part of the provisions, the word "or" is replaced by

the comma and the word "directives" with the words ", or the law of

certain measures against the legalization of proceeds of crime and

the financing of terrorism ".



4. In § 33 para. 3 the words "and the regulations" shall be replaced by the word "regulations" and

After the word "directives" with the words "or the Act on certain

measures against the legalization of proceeds from crime and the financing of

terrorism ".



PART OF THE TWENTY-EIGHTH



To change the order of notaries in the



Article. XXXII



In § 56 para. 6 of Act No. 357/1992 Coll., on the notarial profession and their activities

(the notarial regulations), as amended by Act No. 283/2004 Coll., the Act No. 344/2005 Sb.

and Act No. 70/2006 Coll., the words "special legal regulation on the fight

against the legalization of proceeds of crime, or to a special legal

Regulation on the implementation of international sanctions in order to maintain

international peace and security, the protection of fundamental human rights and

the fight against terrorism "are replaced by the words" the Act on certain measures

against the legalization of proceeds of crime and terrorist financing or

the law on the implementation of international sanctions ".



PART OF THE TWENTY-NINTH



The EFFECTIVENESS of the



Article. XXXIII



This Act shall take effect on the first day of the second calendar month

following the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.