Change Search. Some Permit Requests. Activities In The Financial Market

Original Language Title: změna vyhl. o žádostech povolení někt. činností na finančním trhu

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80350&nr=248~2F2013~20Sb.&ft=txt

248/Sb.



DECREE



of 24 July 2003. July 2013,



amending Decree No 233/2009 Coll., on applications, approval of persons

and the method of proof of professional competence, integrity and experience

people, as amended



The Czech National Bank establishes, pursuant to § 4 paragraph 2. 8, § 5 para. 5, section 20 (2).

4 and § 26 para. 6 of Act No. 21/1992 Coll., on banks, as amended

regulations under section 2a paragraph 2. 1 and 9, § 2b, paragraph 1. 4 and paragraph 25f. 8 of the 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

as amended, pursuant to section 170 of the Act No 427/2007 Coll.

the supplementary pension savings, as amended by law No. 399/2012 Coll., to

the implementation of § 33 para. 3, § 35 para. 5, § 39 para. 4, § 44 para. 1, § 65

paragraph. 1, § 69 para. 4, § 81, § 82 para. 1, § 96 para. 5, § 97 para. 8

(a). (c)), § 109 paragraph. 6, § 111 paragraph. 2 and section 113 para. 8 of law No.

427/2007 Coll. on supplementary pension savings, according to § 110 of Act No.

426/2007 Coll., on pension savings, as amended by law No. 399/2012 Coll., to

the implementation of § 26 para. 5, § 45 para. 8, § 58 para. 6 and § 61 para. 4

Act No. 426/2007 Coll., on pension savings, and according to § 199 para. 2

Act No. 256/2004 Coll., on the capital market, as amended by

Act No. 241/2013 Coll., to implement section paragraph 192b. 2 of the law on business

on the capital market:



Article. (I)



Decree No 233/2009 Coll., on applications, approval of the people and how

proof of professional competence, integrity and experience of persons in

amended by Decree No 192/2007 Coll., Decree No. 58/2012 Coll. and Decree No.

372/2012 Coll., is amended as follows:



1. in article 1, paragraph 1 reads:



"§ 1



The subject of the edit



(1) this Decree lays down the standard forms and claim forms and content

their attachments, unless the applicant is requesting



and a banking license for the Bank) with a registered office in the Czech Republic (hereinafter referred to as

"the Bank"), a banking license for foreign bank from another

before a Member State wishing to establish a branch within the territory of the Czech

Republic of China (hereinafter referred to as "license for the branch of the Bank from a non-member

the State "),



(b)) to the formation and business savings and credit cooperatives

(hereinafter referred to as "the authorisation for the Cooperative Union"),



c) authorised dealer of securities, organizer

regulated market of the CSD, to operate securities settlement

with the finality of settlement system (hereinafter referred to as "securities settlement system"), to

the activities of the CCPs to provide investment services

through the organizational folder foreign persons, which has its registered office in

other than the Member State



d) authorised pension companies,



e) prior consent to the performance of the senior management,



f) consent to the acquisition or increase of qualifying holding on legal

a person who is a Bank, a cooperative záložnou, a trader in securities

the papers, the organizer of the regulated market, the CSD

a central counterparty, pension companies (hereinafter referred to as "regulated

legal person "), or to control these people,



(g) permit the conversion of the company) or to the conclusion of the contract of transfer,

stopping or lease business of the company,



h) registration of the investment provider and its activities,



I) write to the lists of representatives-bound and forced administrators, liquidators,



j) registration for more business activities,



to create a local permit) Fund or pension funds,



l) authorization to transfer management of all participating funds or

pension funds to another pension company,



m) to enable the participating funds or merge pension funds,



n approval of the Statute) the twisted Fund or pension fund and its

changes,



approval of the amendment about) the depositary, or



p) withdrawal of authorisation to the activities of the pension company or withdrawal of the authorisation

to create local fund. ".



2. in paragraph 2 of the letter j) is added:



"j) head of the person the person referred to in



1. section 2 (2). 1 (b). and business) of the capital market,



2. section 4, paragraph 4. 5 (b). (e)) or in § 5 para. 4 (b). (c)) of the Act on banks,



3. § 2a para. 4 (b). (b)) of the law on savings and credit cooperatives,



4. section 3 (b). (g)) of the supplementary pension savings and



5. section 3 (b). e) of the Act on pension savings ".



3. In article 3, paragraph 3. 2, after the words "§ 90a para. 3 "the word" and "shall be replaced by a comma

and after the words "§ 103 para. 3 "with the words" and paragraph 192b. 2. "



4. in article 3, paragraph 3 shall be deleted.



Paragraphs 4 and 5 shall become paragraphs 3 and 4.



5. In section 3, paragraph 3. 4, the words "referred to in paragraphs 1 to 4 shall be replaced by

"in accordance with paragraphs 1 to 3".



6. In section 4, paragraph 4. 1 at the end of subparagraph (d)), the word "and" is replaced by a comma.



7. in paragraph 4 of the text at the end of paragraph 1, the period is replaced by a comma and the following

the letter f) and (g)), which read as follows:



"(f)), a form of which a specimen is given in annex 4 to this Decree, parts B and D

signed by the applicant and



g) proof of good character issued by a foreign State. ".



8. In section 4, paragraph 4. 3 (c)):



"(c)) form, a specimen of which is given in annex 4 to this Decree, parts B and D

signed by each person with a qualifying holding in the applicant, and each

a person who acts in concert with another person has a qualifying holding

on the claimant ".



9. in section 11 is added to § 11a, which including the title reads as follows:



"§ 11a



The central counterparty



(Paragraph 192b, paragraph 2, of the law on capital market)



(1) in the case of an application for a permit to operate a central counterparty

the applicant shall proceed in accordance with § 3 (1). 2. In addition to the annexes referred to in article 4 are

the annexes to the application



and) the internal rules governing the management and control system, which

they contain, in particular,



1. organizational arrangements



2. risk management system, including the detection and containment of potential

conflicts of interest,



3. the internal control system,



4. the strategy related to capital and capital requirements, and



5. the remuneration system,



(b)) draft rules for participation and access to the central clearing system

the counterparty,



(c)) for settlement of draft rules by the Central

the counterparty,



(d) procedures for the keeping of design) accounts for members of clearing system,



(e)) draft technical security of the proposed scope of the activities of the Central

the counterparty,



(f) administrative procedures) design of the information system including security,

backing up and archiving data,



g) design techniques for preserving operation and a recovery plan of activity of the Central

the counterparty,



h) design of procedures in the event of failure of the Clearing Member

the system,



(I) the list of persons) will be as the head of divisions or as

separate persons to ensure



1. the activities of clearing system,



2. monitor compliance with the obligations of a CCP

arising from law and the internal regulations of the Central

the counterparty and of contractual relations,



3. risk management and



4. the performance of the internal audit,



j) all resumes of persons specified in the list referred to in subparagraph (i))

containing the



1. data on education [§ 2 (b) (i))]



2. information concerning professional experience [§ 2 (b), (h))],



k) list of activities which it intends to engage in CCP

through another person, and a way to ensure the fulfillment of the conditions for

carrying out activities through another person and



l) business plan [section 2 (b), (e))].



(2) the annex referred to in section 4, paragraph 4. 2 shall be submitted also for the persons who

they are members of the Supervisory Board or the Management Board members in the control function in the

Depending on the system of the internal structure of the company. ".



10. in the second section of chapter four, including the title reads as follows:



' TITLE IV



PENSION COMPANY



§ 14a



(To section 33, paragraph 3, of the law on the supplementary savings)



(1) in the case of an application for authorisation to the activities of the pension company

the applicant shall proceed in accordance with § 3 (1). 3.



(2) in addition to the annexes referred to in section 4, paragraph 4. 1 (b). a) and (c)), para. 2 and 3

the applicant shall attach to the application also



and business) plan [section 2 (b), (e))]



(b) draft internal rules) pension society including in particular



1. organizational arrangements



2. the rules for prudent pension company and the pursuit of the activity



3. rules of conduct in the performance of the activities of the pension company



(c)) the list of persons who will be as the head of divisions or as

separate persons to ensure



1. the exercise of the activities of the pension management company of

pension funds or participating funds



2. ongoing monitoring of compliance with obligations of the pension company

arising from law and the internal rules of the pension

of the company and of the contractual relationship with the obhospodařovanými funds and

the depositary,



3. risk management and



4. the performance of the internal audit,



(d)) that all persons mentioned in the biographies list referred to in subparagraph (c))

containing the



1. data on education [§ 2 (b) (i))]



2. information concerning professional experience [§ 2 (b), (h))] and



e) list of activities which it intends to carry out pension company

through another person, and a way to ensure the fulfillment of the conditions for

carrying out activities through another person.




(3) the scope of the activities of the company pension, the applicant

also be accompanied by



and how to process and design) registration information, communication with the

participants, accounting and management of personal retirement accounts

participants and participants ' personal retirement accounts



(b) proposal for a method of technical security) the performance of activities and the provision of

services through the Internet,



(c) evidence of collateral) a direct link with the depositary, or other

persons who want to perform trading property of a participating fund

or the pension fund or the management of its evidence, and



(d) direct evidence of the collateral) or causing a connection with persons

carrying out settlement with investment instruments. ".



Footnote 14a-14e shall be deleted.



11. in title V of part two, including the title. The former title VI of the

and (VII) are referred to as title V and VI.



12. in paragraph 15 of the text in brackets in the title the words "§ 72 para. 6 of the Act on

collective investment ' shall be deleted.



13. in paragraph 18 of the text in brackets in the title the words "§ 71b of paragraph 1. 4 of the law

about collective investment ' shall be deleted.



14. in section 18 para. 4 (b)), and (c)):



"(b)), a form of which a specimen is given in annex 4 to this Ordinance, part B, and

(D), completed and signed by the applicant and each natural person referred to in

and in writing), and



(c) the original of the document of integrity) issued by a foreign State, the applicant and the

each of the persons referred to in letter a). ".



15. In paragraph 19 of the text in brackets in the title the words "§ 71b of paragraph 1. 4 of the law

about collective investment ' shall be deleted.



16. in paragraph 21 of the text in brackets in the title the words "§ 96 para. 2 of the law on

collective investment ' shall be deleted.



17. in article 21, paragraphs 3 and 4 shall be deleted.



The present paragraph 5 shall become paragraph 3.



18. in paragraph 22 of the paragraph. 3 (b). e), the words "[section 2 (a). (c))] "the words

"the applicant and".



19. in paragraph 22 of the paragraph. 3 the letter g) the word "and" is replaced by a comma.



20. in section 22 to the end of paragraph 3 is replaced by a dot comma and the following

the letter i), which read as follows:



"i) form, a specimen of which is given in annex 4 to this Decree, parts B and D

signed by the applicant. ".



21. in section 22, paragraph 4 shall be deleted.



22. under section 22 shall be added to § 22a, which including the title reads as follows:



"§ 22a



Registration or authorisation to distribute supplementary pension savings and

retirement savings



(1) an application for registration or licensing of activities associated with the distribution of

the supplementary pension savings and savings pension pursuant to section 74 para. 1

the Act on supplementary pension savings and section 91 paragraph 2. 1 of the law on

retirement savings plan administered by the applicant that is



and investment intermediary, on) the form of which a specimen is given in

Annex 9 to this Decree,



(b) a securities dealer), which is a bank or the applicant for

the Bank license, on a form, a specimen of which is given in annex No. 9a to

This Decree, or



(c) a securities dealer), which is not a bank or the applicant for

authorised dealer of securities on form, which

a model is given in annex No 9b of this Decree.



(2) the request under paragraph 1, the applicant shall demonstrate the condition relating to professional

eligibility under section 84 of the Act on supplementary pension savings.

A securities dealer that is not a Bank, in addition to the request shall be documented

the annex pursuant to § 25 para. 2 (a). a) to (c)). ".



23. in paragraph 25 of the text in brackets in the title the words "§ 61 para. 1 of the law on

collective investment ' shall be deleted.



24. Part of the fifth and sixth including the following titles:



"PART FIVE



PARTICIPATION AND RETIREMENT FUNDS



§ 25a



Permission to create a local pension fund or funds



(§ 96, paragraph 5, of the Act on supplementary pension savings and section 26, paragraph 5,

the law on pension savings)



(1) a request for authorisation to create local fund or pension

the funds shall be made on a form, a specimen of which is given in annex No. 19 k

This Decree.



(2) the request under paragraph 1 the applicant shall provide



and a list of the heads of pension) company that has managed

the participation Fund or retirement funds,



(b) the curricula vitae of all persons referred to) in the list referred to in point (a))

containing the



1. data on education [§ 2 (b) (i))]



2. information concerning professional experience [§ 2 (b), (h))],



(c) the draft statute) local pension fund or funds,



(d)) of the current equity pension company that has

managing the participation Fund and retirement funds, and the current amount of

the volume of assets in the participating funds, pension funds, and in

the transformed the Fund managed by the pension companies,



(e) education data) [section 2 (b) (i))] and details of professional experience [section 2 (a).

h)] senior management organizational unit of the depositary, or other

people that will provide for the participation Fund or retirement funds

the activities of the depositary,



(f)), or its depozitářskou contract proposal, together with the written

the promise of the depositary enter into this agreement or agreement

future concluded with the Bank or branch of a foreign bank, which will be

practise the depositary for the participation Fund or retirement funds,

and



(g) under section 14a) of the annex, which are affected by changes in the context of the

management of the relevant Fund or funds for which it seeks

the authorization.



§ 25b



Authorization to transfer all the participating funds or pension funds to

another pension company



(§ 109 (6) of the Act on supplementary pension savings and section 58 (6)

the law on pension savings)



(1) an application for authorisation for transfer of the management of all participating

funds or pension funds to another pension company is served on

the form of which a specimen is given in annex 19 to this Decree.



(2) the request under paragraph 1 the applicant shall provide



and a description of the conditions and manner), to convert the participating funds

or retirement funds to another pension company,



(b) participating pension) financial statements of the companies established in

the last day of the calendar month preceding submission of the application,



(c)) the financial statements of the transferred funds or pension funds of the participating

built to last day of the calendar month preceding the submission of the

the request,



(d) information about the participating transferred) funds or pension

funds, in particular, of the amount, structure and liquidity of the assets, the number of participants

and the performance of the Fund,



(e)) of the current amount of the equity capital of the acquiring company pension,

If this information is not apparent from the accounts of the pension company

and the current amount of the assets of participating funds, pension funds,

or transformed the Fund managed by the pension

companies,



f) data on education [§ 2 (b) (i))] and details of professional experience [section 2 (a).

h)] senior management organizational unit of the depositary, or other

people, which will ensure for the participating funds and retirement

funds the activities of the depositary; the documents referred to in this subparagraph may not

to certify persons participating depository funds or pension funds,

If this is the same after the conversion,



(g)), or its depozitářskou contract proposal along with a written

the promise of the depositary enter into this agreement or agreement

future concluded with the Bank or branch of a foreign bank, which will be

practise the depositary for participating funds and retirement funds,

and



h) of the annex under section 14a of the acquiring pension company

without prejudice to any changes in connection with the transfer of the participation of the funds or

pension funds.



section 25 c



Merge the participating funds or pension funds



(§ 113 paragraph 8 of the Act on supplementary pension savings and section 61 (4)

the law on pension savings)



(1) an application for permission to merge the participating funds or pension

the funds shall be made on a form, a specimen of which is given in annex No. 19 k

This Decree.



(2) the request under paragraph 1 the applicant shall provide



and merging, including the impact of) the project to merge the investment limits,



(b)) the opinion of the depositary of the participating participating funds or

pension funds,



(c) information about participating being merged) funds or pension

funds, in particular, of the amount, structure and liquidity of the assets, the number of

the participants of the performance, the investment focus and structure of the fees, and



(d)) of the current equity pension company that has

to manage the acquiring Fund or retirement of the successor State party

Fund, and the current amount of the assets of participating funds, pension

funds or fund managed by the pension transformed

companies.



§ 25 d



The approval of the Statute and its changes



(§ 97 para. 8 of the Act on supplementary pension savings and § 45 para. 8

the law on pension savings)



(1) an application for the approval of the Statute of a participating fund and its changes is served

on a form, a specimen of which is given in annex 15 to this Decree.



(2) the request under paragraph 1 the applicant shall provide



and the full text of the Statute), with an indication of the proposed amendments, which

approval is sought, together with their reasons for



(b)) a new consolidated text of the Statute.



(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the request for approval


status of the Pension Fund and its changes and its annex.



section 25e



Change of depositary



(§ 96 para. 4 of the Act on supplementary pension savings and section 26, paragraph 4,

the law on pension savings)



(1) an application for approval of an amendment of the depositary of the participating funds, or

pension funds shall be made on a form, a specimen of which is given in the

Annex 16 to this Decree.



(2) the request under paragraph 1 the applicant shall provide



and depozitářskou Treaty, possibly) its proposal, together with the written

the promise of the depositary enter into this agreement or agreement

future concluded with the Bank or branch of a foreign bank, which will be

to carry out the activities of a depositary for the retirement funds or participating funds



(b) data on education) [section 2 (b) (i))] and details of professional experience [section 2 (a).

h)] senior management organizational unit of the depositary, or other

people, which will ensure for the participating funds and retirement

funds the activities of the depositary, and



(c) the termination of the current) proof of depozitářské of the Treaty.



PART SIX



THE WITHDRAWAL OF AUTHORISATION



§ 25f



The withdrawal of authorisation for the activities of the pension company



(Section 69, paragraph 4, of the Act on supplementary pension savings)



(1) an application for the withdrawal of authorisation for the activities of the pension company is served

on a form, a specimen of which appears in annex 18 to this Decree.



(2) the request under paragraph 1 the applicant shall provide a record of the decision of the General

meeting of the cancellation of the pension company with liquidation, including decisions on the

the proposal on the appointment of the liquidator, or the decision of the pension company

Court on cancellation of the pension company with liquidation and papers

proving the settlement obligations to participants.



§ 25 g



The withdrawal of authorisation to create local fund



(Section 111, paragraph 2, of the Act on supplementary pension savings)



(1) an application for the withdrawal of authorisation to create local fund serves

on a form, a specimen of which is given in annex 19 to this Decree.



(2) the request under paragraph 1 the applicant shall provide



and the grounds for the request) for the withdrawal,



(b) Participation Fund) the financial statements drawn up to the last day

the calendar month preceding submission of the application,



(c)) for an overview of outstanding obligations arising from the management of assets in

participant of the Fund,



d) information on the structure and liquidity of the assets in a directory

the Fund,



e) information on the number of participants and the total value of resources of the participants,



(f) pension company specified) the notification of the intention to cancel to the participants

the participation Fund and the



g) design method of selling assets in a participant's Fund and its settlement

receivables and debts ".



25. Part seven is hereby repealed.



Re-letter the former part is referred to as the eighth part seven.



26. in section 26, paragraphs 5 and 6 shall be deleted.



27. in annex 2, part III, table 3, insert a new row with the words

"the activities of the CCP".



28. in annex No. 2 in section III (B), the following point (e)), which read as follows:



"e) CCP



Will include the proposal to establish the extent of activities and services, including

categories of financial instruments for which the applicant applied for release

the authorization.

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“.



29. Appendix 2a is repealed.



30. in annex 3, in the heading, the words ", pursuant to Act No. 189/2004 Coll.

for collective investment, as amended "shall be deleted.



31. in annex No. 3 in table 3, the lines with the words "investment

the company "and" investment fund "shall be deleted and the following new line shall be

the words "central counterparty".



32. in annex No. 7 in the title, the words "according to law No. 189/2004 Coll.

for collective investment, as amended "shall be deleted.



33. in annex No. 7 in table 4, in both parts of the lines with the words

"investment company" and "investment fund" shall be deleted.



34. in annex No. 8 in the title, the words "according to law No. 189/2004 Coll.

for collective investment, as amended "shall be deleted.



35. Annex 9a and 9b are added:



"Appendix 9a to Decree No. 233/2009 Sb.



Appendix 9b to Decree No. 233/2009 Sb.



36. in annex No. 12 in the title, the words "according to law No. 189/2004

Coll., on collective investment, as amended "shall be deleted.



37. in annex No. 12 in table 3, the line with the words "investment

the company "is deleted.



38. Annex 14 shall be deleted.



39. in annex # 15 in the title, the words "according to law No. 189/2004 Coll., on

collective investment, as amended, "shall be deleted.



40. in annex # 15 in table 3, the lines with the words "approval of an amendment

the Statute of the European Investment Fund "," mutual fund "and" the name of the mutual

the Fund "shall be deleted.



41. in annex No. 16 in the title, the words "according to law No. 189/2004 Coll., on

collective investment, as amended, "shall be deleted.



42. in annex No 4 in table 3, the lines with the words "investment fund",

"mutual fund" and "the name of the mutual fund ' shall be deleted.



43. Annex 17 shall be deleted.



44. in annex No. 18 in the title, the words "according to law No. 189/2004 Coll., on

collective investment, as amended, and "are deleted.



45. in annex No. 18 in table 3, the lines with the words "investment

the company "and" investment fund "shall be deleted.



Article. (II)



The effectiveness of the



This Decree shall take effect on the date of its publication.



Governor:



Ing. Singer, Ph.d., v. r.