308/2002 Coll.
LAW
Dated 13 June 2002
Amending Act no. 15/1998 Coll., On the Securities Commission and
amending other laws, as amended, and certain other laws
Change: 257/2004 Coll.
Change: 89/2012 Coll.
Change: 332/2014 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Amendment to the Securities Commission and amending and supplementing other laws
Article I
Law no. 15/1998 Coll., On the Securities Commission and amending and supplementing
other laws as amended by Act no. 30/2000 Coll., Act no. 362/2000 Coll.
And Act no. 370/2000 Coll., Is amended as follows:
First In the first part designation, including their headings deleted.
Second In § 1, after the word "fix" the word "some".
Third In § 2, paragraph 2 reads:
"(2) The Commission's mission is to strengthen the confidence of investors and issuers
investment instruments in the capital market. The Commission's objective is to contribute to
protect investors and capital market development and promote public awareness in this area
.".
Fourth In § 3 para. 2 at the end of letter b) the words "and foreign
authorities that supervise the capital market".
Fifth The heading of § 4 reads: "Information duties of the Commission".
6th In § 4 the following paragraph 3 is added:
"(3) The Commission submitted to the Ministry of Finance (the" Ministry ")
quarterly report of the situation on the capital market and the measures adopted
.".
7th In § 5, paragraph 1 reads:
"(1) Institutional investor means
) a bank executing trades on its own account with investment instruments
on the capital market, investment company, investment fund, pension fund and insurance company
, | ||
b) a foreign person authorized to do business in the same fields in the
Czech Republic as the persons referred to in subparagraph a). ".
8th In § 5 para. 2, "a branch of a foreign investment firm
" is replaced by "a foreign securities dealer that provides
in the Czech Republic investment services through a branch
" and "publicly traded "shall be replaced
" entitled to print. " The words "Securities Centre" is inserted
words "(hereinafter" the Centre ")" and the words "Securities Centre" is
replaced by the word "center".
9th In § 5 para. 3, after the word "means" the word "particularly" and the words
"service provider in the capital market", the words "
investor in the capital market".
10th In § 6, after paragraph 1 the following paragraph 2 is added:
"(2) The Commission prior to the commencement of proceedings will consider whether to impose measures
remedy or penalize any breaches of the special law or
proceedings are initiated. The Commission was based mainly on
nature, severity , duration and effect of the infringement.
not be initiated if the proceeding writes about writing and the matter aside.
the decision to defer the matter is not issued. ".
Existing paragraph 2 shall be renumbered third
11th In § 6, Paragraph 3 reads:
"(3) The decision of the Commission may be filed, unless it is otherwise provided
. Decisions concerning appeals Presidium of the Securities Commission
(hereinafter" Presidium "). The Commission enforces its decisions.".
12th In § 6, the following paragraph 4 is added:
"(4) The decision of the Presidium of first instance is subject to appeal
agent.".
13th In § 6 the following paragraph 5 is added:
"(5) In proceedings that touches people in a number greater than 50, you can
serve documents posted on the official board of the Commission. The moment
posting on the bulletin board, the Commission shall publish the decision in a manner allowing for remote
approach and in the Bulletin of the Commission. Decisions against
which does not appeal suspensive effect is delivered
upon posting on the bulletin board by the Commission. '.
14th In § 7 para. 2 point. c) the words "effective" is replaced
"in enforceable".
15th In § 7 paragraph. 1 point. b) the words "when acquiring" the words
"or decrease".
16th In § 7 paragraph. 1 point. c) the words "for sale" are replaced by "
connection with the acquisition."
17th In § 7 paragraph. 4 the word "published"
replaced by the word "published".
18th In § 8. 1, "in the form" replaced by the word "form" for
word "inspections" with the words "on the spot" and "Part Three
The State Control Act "is replaced by"
special legal regulation. "
19th in § 8 par. 3, the words" adopt with respect to "replace the word" save "and for
the word "or" is inserted the conjunction "and."
20th in § 9. 1, after the word "or" is inserted the conjunction "and."
21st in § 9. 3, the word "supervision under a special legal regulation
" the words "over those using without permission, consent or authorization
Commission activities for which a license is required,
consent or authorization of the Commission". || |
22nd In § 9, paragraph 7, which reads:
"(7) the Commission may impose a fine instead of a public reprimand. At the same time
Commission will decide according to the circumstances of the scope, form and manner of publication
admonition, at the expense of the person who imposes a public reprimand
.. "
23rd in § 10 paragraph 5 including footnote no. 10a) reads:
"(5) The collection and enforcement of fines imposed under this Act or
special legislation, the Commission shall proceed in accordance with a special legislative
. ^ 10a )
10a) Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.. "
24th in § 10 paragraph 6, including footnotes. 10b ) to 10f) reads:
"(6) the Centre and the person empowered to keep records centers
as well as the performance of its other activities-10b) are bound by the decision of the Commission
if it concerns them record keeping, once delivered,
unless otherwise stated in the decision. The organizer of a public market-10c) and
person carrying out settlement of securities transactions-10d) are bound
Commission decision to suspend trading in securities registered
paper-10e) or banning the trade and fulfilling obligations such | || ^ shops 10f) and the Commission decision on interim measures issued in
these matters as soon as they were delivered, unless stated in the decision
otherwise.
10b) § 55 and § 70a of the Act no. 591/1992 Coll., On Securities, as amended
.
10c) § 8b of the Act no. 591/1992 Coll., As amended by Act no. 362/2000 Coll.
10d) § 70b of the Act no. 591/1992 Coll., As amended.
10e) § 91 of Act no. 591/1992 Coll., As amended by Act no. 362/2000 Coll.
10f) § 91a of Act no. 591/1992 Coll., As amended by Act no. 362/2000 Coll. ".
25th in § 11 para. 2 point.), The words" to did not carry out acts aimed at
transfer of securities "is replaced by" not to conduct any
registration of transfer of securities. "In § 11 par. 2 point. a) and b) as
word" registration "the words" Contracting . "
26th in § 11 para. 2 at the end of paragraph e) replaces the comma and full stop
letter f) shall be deleted.
27th in § 11 para. 3 sentence first, the words "of proceedings" shall be inserted
words "and the persons to whom the decision on interim measures
imposes an obligation pursuant to paragraph 2. a) to e) "at the end of the text of paragraph 3
following sentence is added:" party to the proceedings for interim measures pursuant to paragraph 2
person is not a decision on interim measures
imposes the obligation under paragraph 2 . a) to e). ".
28th in § 11, the following paragraph 6 is added:
" (6) The same obligation, which can be stored in a decision on a preliminary
measures under this Act, the Commission may impose such measures
remedy under this or a special law.
Appeal filed against the decision under the first sentence does not have suspensive effect. The Commission may
decision the duration of the imposed obligations or conditions, whose fulfillment
expires effectiveness of the decision. This condition can be delivered
Commission Communication on appeal remedial measures required person. ".
29th in § 12 para. 1, the word" state "is replaced by" if not by this Act
otherwise, the state "and the word" bank "are inserted
words" and foreign bank branches. "
30th in § 12 paragraph 3 becomes paragraph 2 and paragraph 2
renumbered third
31st in § 12 para. 2 in the first sentence after the word "bank" the words
"or foreign bank branch" and "securities dealers,
non-banks "is replaced by" securities dealer,
is not a bank or branch of a foreign bank if it
not affect the powers of the Czech national Bank in banking supervision
under the Act on the Czech national Bank and the Law Banking "in the second sentence
after the word" bank "the words" or foreign bank branch "in
Last sentence, the words "Bonds Act" the words "
Commercial Code".
32nd In § 12 paragraph 4 reads:
"(4) In exercising state supervision towards pension funds and insurance companies
pursuant to paragraph 2, the Commission is obliged to act so as not to undermine the powers of the Ministry
during his state supervision pursuant to the Act on Supplementary Pension Insurance
state contribution under the Act on insurance
. ".
33rd In § 12 the following paragraph 5 is added:
"(5) Where an action an institutional investor to state supervision
Commission and the supervision of the Czech National Bank or State supervision Ministry
he may be factually identical for breach of the duty imposed on only one
fine. The fine may save only the authority that the breach of obligation
first seised. This does not affect the powers of other bodies
impose corrective measures or withdraw the authorization by law. It was when
proceedings commenced on the same day, fine stores
) the Czech national Bank regarding the imposition of a fine bank
b) Ministry regarding the imposition of a fine on a pension fund or insurance company
. ".
34th In § 13 para. 1 point. e) the term "publicly traded"
deleted.
35th In § 13 para. 1 at the end of point k) is replaced by a comma and
following letter l), which reads:
"L) persons pursuant to § 45a paragraph. 1 of the Securities Act.".
36th Footnote. 15) reads:
"15) § 72 para. 1 point. A) of the Act no. 591/1992 Coll., As amended by Act no. 362/2000 Coll
.".
37th In § 14 par. 3 point. a) and b) the term "publicly traded"
replaced by "registered".
38th Footnote. 21) reads:
"21) Act no. 148/1998 Coll., On protection of classified facts and change
certain laws, as amended.".
39th In § 15 paragraph 1-3 added:
"(1) An investment firm that concluded or arranged outside
public market trade in investment instruments admitted to trading on the public market
or on own account, he must make on this trade
Commission report. the same applies to an institutional investor, who
outside the public market made a deal with investment instruments
admitted to trading on the public market.
(2) the organizer of a public market is required to submit to the Commission report each
trade, made him an organized public market. If a
trade, report organizer of the public market, there is no obligation under paragraph 1.
(3) of the Commission regulation provides for what stores
investment instruments with the obligation under paragraph 1 applies and provides in
what period reporting in accordance with paragraphs 1 and 2 served his essentials
scope, structure and form. ".
40th In § 15 paragraph 5 reads:
"(5) If the obligation referred to in paragraph 1 or 2 decides
Commission to impose remedial measures or sanctions pursuant to § 9".
41st In § 16 para. 1 point. b) the word "bank" the words "and
persons included under special legislation in the consolidation
whole".
42nd In § 16 para. 1 point. c) the word "advance" is replaced by "
without undue delay", the word "award" shall be replaced with the word "deposit" and
word "and" is replaced by "or".
43rd In § 16, paragraph 3 shall be added:
"(3) The Commission or the Ministry to carry out checks on the spot for people
covered under a special law in the consolidation
subject to their supervision, if requested by the Czech National Bank that the reason
banking supervision on a consolidated basis, and the result of the inspection shall
Czech national Bank report. ".
44th § 17 including the title reads:
"§ 17
cooperation with the Czech National Bank
(1) If the Czech National Bank in banking supervision
learns of transactions in investment instruments or other conduct of banks, branches
foreign banks or others that may be relevant to the fulfillment of the tasks of the Commission
state supervision, inform the Commission without delay
unless a special law provides that certain information can not be
provide, or only under certain podmínek.23)
If the Commission will ask the Czech national Bank to carry out checks
cash transactions, associated with such trades, the Czech national Bank is obliged to perform
control and report on the outcome of a report to the Commission. | ||
(2) If the Commission, in its activities hear about stores
investment instruments or other conduct of banks, branches of foreign banks
or other persons, which may be relevant for the fulfillment of tasks
Czech National Bank in banking supervision, inform them immediately
Czech national bank. If the Czech National Bank
asks the Commission to carry out checks of transactions with investment instruments, is
Commission is required to carry out inspection and submit a report on the outcome
Czech National Bank. ".
45th in § 18 paragraph. 1 at the end of subparagraph b) replaces the comma and full stop
point c) is deleted.
46th in § 18, paragraph 4, including footnote no. 24) is deleted.
47th § 20 including the heading deleted.
48th § 21 including footnotes Nos. 24a), 24b), 24c), 24d) and 24e)
reads:
"§ 21
(1) The head of the Commission stands by the Presidium. The Presidium consists of the President
Commission and four other members. President of the Commission and members of the Presidium
appointed by the Government and the President.
(2) The Presidium decides mainly
A) of the Commission's action plan,
B) of the Commission's draft budget and final account of the Commission,
C) on draft laws and implementing regulations,
D) of the Internal Regulations of the Commission, in particular the organization of Procedure Rules of Procedure
Presidium Filing Procedure Code and the signature
rules of professional ethics for the presidium and the Commission staff
E) of the reports to the government, the Chamber of Deputies and Budget Committee
Chamber of Deputies under § 4 para. 1 and for the ministry under § 4
paragraph. 3
F) complaints about government
G) on appeals,
H) in proceedings for the imposition of forced administration-24a) to suspend trading
with registered securities, ^ 24b) to ban trade in certain
registered securities and fulfillment of obligations from trade with certain
registered securities, @ 24c) on early repayment of the nominal value of the bond
or the subscription price, including the proportionate yield-24d) and
suspension or withdrawal of authorization to operate
issued under a special legal regulation 24c) and
I) an appeal against a decision of a public market or exchange chamber
under special legislation. ^ 24e)
(3) The Presidium decided by voting. Decisions of the Presidium is accepted
vote for them if an absolute majority of appointed members.
In the event of a tie, the vote of the Chairman of the Commission. In the event that the
appointed only one member of the Presidium member performs the scope
Presidium. For the purposes of this paragraph, and § 23 para. 3, member of the Presidium
means the Chairman of the Commission.
24a) For example, § 37d of Act no. 248/1992 Coll., As amended
regulations.
24b) § 91 of Act no. 591/1992 Coll., As amended.
24c) For example, § 45, 45a, 49, 50, 70a, 70b of the Act no. 591/1992 Coll., As amended
, § 8 of Act no. 248/1992 Coll., As amended || | amended, § 2 of the Act no. 214/1992 Coll., on the stock exchange
securities, as amended.
24d) § 22 paragraph. 2 point. a) Act no. 530/1990 Coll., on Bonds
amended.
24e) § 78a of Act no. 591/1992 Coll., As amended by Act no. 362/2000 Coll., §
31 of the Act no. 214/1992 Coll., As amended by Act no. 251/2000 Coll. ".
49th § 22 reads:
" § 22
(1) The head of the Presidium of the President of the Commission, which manages its activities.
In the event that the President is not appointed, he exercises the powers of the Chairman of the Commission
senior member of the Presidium.
(2) If requested by the government, the Chamber of Deputies, the Senate or their bodies
presence of the Chairman of the Commission at its meeting, the Chairman of the Commission
obliged to attend this meeting. ".
50 . § 23 including the title reads:
"§ 23
To perform the function of the Commission President and member of the Presidium
(1) The Chairman of the Commission and member of the Presidium may be a citizen of the Czech Republic
who
A) full legal capacity,
B) is impeccable and his expertise, experience and moral qualities provide
guarantee that he will serve his position properly,
C) has completed university education.
(2) as blameless for the purposes of this Act, a person who
not been convicted of a property crime or
intentional offense.
(3) The term of office of the Chairman of the Commission and member of the Presidium of five years.
Commission President and member of the Presidium may be appointed in the post only
Two terms.
(4) The office of President of the Commission and member of the Presidium is incompatible functions
deputy or senator, a judge, a prosecutor, any function in
Public Administration, office of member of local government functions and the political party
or movement.
(5) The Chairman of the Commission and members of the Presidium shall not hold any other paid
office or perform other gainful activity except for management
own property and scientific, literary, journalistic, artistic and pedagogical
. In all these activities are
Chairman of the Commission and members of the Presidium shall be obliged to avoid conflicts of interest
or use of information obtained during the performance of his duties in the Commission.
Chairman or member of the Presidium shall not participate in the performance of their functions
directly or indirectly to business people
subject to state supervision by the Commission. During the performance of his duties, the President of the Commission or
member of the Presidium shall within ten days to report to the Presidium acquisition or disposal of any investment
instrument.
(6) The office of President of the Commission and member of the Presidium ends
A) the expiration of the term,
B) withdrawal of the president of the grounds mentioned in paragraph 7
C) delivery of resignation to the President of the Republic,
D) a judicial verdict, which is deprived of legal capacity
or limited in legal capacity,
E) a judicial verdict convicting the criminal offense under
paragraph 2
F) the decision to declare bankruptcy on its property,
G) if he fails, for whatever reasons of their duties for a period longer than six months
,
H) death.
(7) The President of the Republic shall recall the Government and President of the Commission and member of the Presidium
breached in a serious manner or repeatedly
its legal obligation of the President or member of the Presidium or committed
such conduct that challenges The impartiality of the Commission.
(8) The Chairman of the Commission and members of the Presidium exercise state supervision over the capital market
. Authorization to show evidence of this activity
state supervision over the capital market. ".
51st in § 25 par. 1, the word" Presidium "the word" Commission "shall be deleted.
52 . In § 25 par. 2, after the word "expenses" shall be inserted after the word
"severance."
53rd in § 25 par. 3 first sentence, the word "Presidium" the word "Commission"
repealed, second and third sentences are including footnote no. 26)
deleted.
54th § 26 including the title reads:
"§ 26
Secrecy and International Cooperation
(1) The President of the Commission, members of the presidium, the Commission staff, the person whose
Services Commission uses when supervising the capital market,
and their employees and members of the advisory bodies of the Commission are obliged to maintain secrecy about
all information obtained in connection with
performance of its business, office or their employment in the field of surveillance
capital market. Information pursuant to the first sentence, a person who has
duty of confidentiality apply only in the manner and to the extent necessary to carry out the tasks
performance or function of supervision over the capital market
or in court proceedings against a decision taken in
connection with the duties of supervision of the capital market or similar
international proceedings. Breach of confidentiality
not provide information to third parties in aggregate form so that it can not identify
particular entity to which the information relates.
Obligation of confidentiality continues even after the termination of their employment, occupation or functions that this obligation
founded.
(2) The Commission shall provide information only
A) office in the Czech Republic which assists in supervising the capital market or
acting in the performance of financial market supervision,
B) authority in the Member State of the European Union or another state in the
European Economic Area, which acts in the exercise of supervision over the financial market
,
C) a person resident or permanent residence in the Czech Republic,
Member State of the European Union or another state in the European Economic
space that is
First liquidator, receiver, trustee in bankruptcy,
interim administrator settlement trustee or person performing similar functions
performed in entities operating in the financial market and
subject to state supervision
Second auditor of the statutory financial statements of an entity active in
financial market and subject to state supervision
Third European Central Bank or another central bank responsible for monetary policy
,
Fourth the settlement of securities transactions
provides settlement services for the public market organizer in the Czech Republic
if the provision of information necessary to ensure the proper performance of the functions
this person in case of default or threatened default on obligations
by the participant or participants in the public market, which this
person provides services
Fifth operator compensation scheme for investors or the system
deposit insurance
D) office in the Czech Republic or in a Member State of the European Union or
another state in the European Economic Area, which operates at
supervising the persons referred to in subparagraph c) points 1 and 2; The Commission further
provide information office in the Czech Republic or in a Member State
European Union or another state in the European Economic Area
acting in the exercise oversight of the payment systems and the observance of
company law | ||
E) legislative departments of the central administrative authorities dealing with
legislation in the area of financial market
F) the authorities in the Czech Republic or in a Member State of the European Union or
another state in the European Economic Area law enforcement
management or involved in the fight against Money Laundering
activity.
(3) Information bodies and authorities referred to in paragraph 2
the manner and to the extent necessary to perform their duties or the exercise of their functions and
if it is for them a regime of confidentiality at least
the extent appropriate range under this Act.
(4) Information obtained in connection with the exercise of supervision over the capital market
may also be disclosed to European Union bodies if
needed to fulfill international treaty by which the Czech Republic is bound and which
He was duly published.
(5) Information provided to the Commission authority of the Member State of the European Union
or another state of the European Economic Area
not be used for any purpose other than that for which it was provided and must be without the consent
providers be given to anyone else.
(6) Information obtained by the Commission in the context of on-site inspections on the territory of a foreign state may not be
without the consent of the supervisory authority of the capital market of that State
provided to anyone else.
(7) The bodies or entities referred to in paragraph 2. b), c) and points 1 and 2
in paragraph 2. d) the sentence before the semicolon, other than
Member State of the European Union or European Economic Area
it is possible to provide information on the agreement and provided that it is for him
a regime of confidentiality extent at least | || appropriate range under this Act, that information will be used only to
purpose for which it was provided and just manner and to the extent necessary for the performance of tasks or
performance in the capital market, and that information
granted without Commission approval to anyone else. ".
55th in § 27 para. 2 second sentence reads:" This provision does not apply to
manage their own assets and scientific, literary, journalistic,
artistic and teaching. ". in the second sentence, the following sentence
added:" for all these activities, members and staff of the Commission
shall be obliged to prevent any conflict of interest or use of information obtained in the exercise
their duties in the Commission. ".
56th in § 28 paragraph 3 is deleted.
57th In § 29 par. 2, the word "ministry" is replaced by "Commission".
Article II
Transitional provisions
Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.
Article III
Authorization to publication of the full text of the Act
Prime Minister is authorized to make in the Collection of Laws the full wording
Law no. 15/1998 Coll., On the Securities Commission and amending and supplementing
other acts, as is clear from later laws.
PART TWO
Canceled Article IV
Canceled Article V
Canceled PART THREE
Canceled Article VI
Canceled PART FOUR
Canceled ARTICLE VII
Canceled PART FIVE
Amendment to the Act on Trades
Article VIII
In Annex No. 3 to Act. No. 455/1991 Coll., On Trades
(Trade Act), as amended by Act no. 231/1992 Coll., Act no.
591/1992 Coll., Act no. 600/1992 Coll., Act no. 273/1993 Coll., Act no.
303/1993 Coll., Act no. 38/1994 Coll., Act no. 42/1994 Coll., 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. 83/1998 Coll., Act no.
157/1998 Coll., Act no. 167/1998 Coll. Act no. 159/1999 Coll., Act no. 356/1999 Coll
., Act no. 358/1999 Coll., Act no. 360/1999 Coll., Act no. 363/1999 Coll
. Act no. 27/2000 Coll., Act no. 29/2000 Coll., Act no.
121/2000 Coll., Act no. 122/2000 Coll., Act no. 123/2000 Coll., Act no.
124/2000 Coll., Act no. 149/2000 Coll., Act no. 151/2000 Coll., Act no. 158/2000 Coll
., Act no. 247/2000 Coll. Act no. 249/2000 Coll., Act no.
258/2000 Coll., Act no. 309/2000 Coll., Act no. 362/2000 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. 274/2001 Coll., Act no. 477/2001 Coll. and Act No.
. 119/2002 Coll., 314: "Other" for the branch trade
"Organisation of courses to gain qualifications in special protective
disinfection, insect and rodent control," added the trade field "rating
quality investment instrument and capital market participant
(rating), "the text in column 2 reads:"
university degree in economics or law direction ", the text in column 4 reads:" securities Commission "
text in column 5 reads: "§ 91b of the Act no. 591/1992 Coll., on securities
Act, as amended."
Article IX
Transitional provisions
Trade license, under which was previously operated
trade that this law changed to licensed trades cease to be valid
expiry of 1 year from the effective date of this Act.
This does not apply if within 1 year from the effective date of this Act
holder of a trade license under the first sentence demonstrates
Trade Licensing Office documents referred to in § 50.
PART SIX
Amendment to the Act on Administrative Fees
ARTICLE X
Tariff administrative fees set out in the Annex to Act no. 368/1992
Coll., On administrative fees, as amended by Act no. 10/1993 Coll., Act no.
85/1994 Coll. Act no. 273/1994 Coll., Act no. 36/1995 Coll., Act no. 301/1995 Coll
., Act no. 305/1997 Coll., Act no. 149/1998 Coll., Act No. .
157/1998 Coll., Act no. 167/1998 Coll., Act no. 63/1999 Coll., Act no.
166/1999 Coll., Act no. 167/1999 Coll., Act no. 326/1999 Coll., Act no. 352/1999 Coll
., Act no. 357/1999 Coll., Act no. 360/1999 Coll., Act no. 363/1999
Coll. Law no. 46/2000 Coll., Act no. 62/2000 Coll., Act no. 117/2000 Coll
., Act no. 133/2000 Coll., Act no. 151/2000 Coll., Act No. .
153/2000 Coll., Act no. 154/2000 Coll., Act no. 156/2000 Coll., Act no. 158/2000 Coll
., Act no. 227/2000 Coll., Act no. 242/2000 Coll., Act no. 307/2000 Coll
., Act no. 365/2000 Coll., Act no. 140/2001 Coll., Act no.
231/2001 Coll. Law no. 76/2002. and Act no. 146/2002 Coll., is amended as follows
:
First Item 63 including notes reads:
"Item 63
a) Application for approval of a prospectus
security or the conditions of issue
bond or bond program CZK 10,000, -
b) Filing
approval restricted securities prospectus or a supplement
securities prospectus or a supplement
bond program or changes
bond issuance conditions CZK 5000, -
c) application for permission narrowing | || contents of a prospectus or an abridged prospectus CZK 3000, -
d) application for approval of the amendment closer
securities prospectus CZK 2500, -
e) application for approval of documents
(for each document) CZK 200, -
f) Submission
- by agreement with the contents of a takeover bid
registered securities CZK 5,000, -
- permission to alienation or contractual
acquisition of the securities of the offeree company
CZK 1000, -
- to issue a decision on the termination of the obligation to make a takeover bid
due to reduced share
voting rights or due attainment
share due to the increase of the share capital CZK 1000, -
- to issue a decision acquitting the merchant
Securities notifiable CZK 1000, -
- by agreement with the contents of a public contract proposal
the cancellation of the registration of participating securities
Securities or when changing the type of shares or restrictions
their transferability CZK 5000, -
- by agreement with the contents of a public contract proposal,
based on which the shares are taken out of circulation at
capital reduction CZK 5000, -
- by agreement with the contents of a public contract proposal
during the merger of joint stock company with limited liability
companies or limited liability company CZK 5,000, -
- by agreement with the contents of a public contract proposal
made by the acquiring company limited by shares in
the division of public limited companies with the establishment of new
legal entities in case of uneven
exchange ratio CZK 5000, -
- by agreement with the contents of a public contract proposal
made successor liability companies
Limited distribution during a joint stock company
establishment of new legal entities in case
settlement with shareholders who disagreed with
their participation in this company, CZK 5,000, -
- by agreement with the contents of a public contract proposal
made by the successor company in the division
stock company merger CZK 5000, -
G) An appeal lodged against the decision of the Commission for Securities
- a natural person who is not an entrepreneur or
whose business activities unrelated
s decision CZK 500, -
- in other cases CZK 3,000, -
Exemption
:
First Fees under this item are exempt banks and building societies
case of issuance of mortgage bonds.
Second Fees under this item frees Czech Export Bank, as
Note:
Administrative authority shall levy a fee, pursuant to letter e) of this item, if it is a
a request to initiate proceedings under § 77 par. 6 and § 78 g par. 2 Act no.
591/1992 Coll. securities Act, as amended. ".
second item 64 including notes reads:
" Item 64
A) Submission of application for authorization to carry
insurance or reinsurance CZK 50 000 -
B) Submission
- for registration as an insurance intermediary
insurance or reinsurance broker CZK 20,000, -
- for consent to acquisition of a holding in an insurance company CZK 20 000, -
- authorizing the transfer of insurance portfolio insurance CZK 20,000, -
- approving the plan to merge merger, demerger
or conversion of the insurance or reinsurance
if not about the division of insurance companies operating
concurrently life and non life insurance CZK 20,000, -
- approval of general insurance conditions
or amendments to CZK 20 000, -
C) Application for granting
- authorization for the establishment of an exchange of securities CZK 200 000, -
- a license for the OTC market
Securities CZK 200,000, -
- Enable settlement of securities transactions
and other investment instruments CZK 100,000, -
- To allow the printer to print physical securities
securities CZK 100 000, -
- Permission to establish an investment company
or investment fund or for business
foreign entities engaged in collective
investing in the Czech Republic CZK 50 000 -
- Authorization to trade in securities or
the establishment of a branch of a foreign
Securities or for providing
investment services through a branch
foreign securities dealer,
who as a foreign bank is already in the Czech
Republic has set up a branch CZK 50 000 -
- Authorization for management of records centers CZK 50 000 -
- Consent to the exercise of CZK 5000, -
- Permission to carry out professional business
activities of a securities trader
(Broker) CZK 3,000, -
D) Application for amendment of the authorization
- the establishment of an exchange of securities CZK 100 000, -
- to organize the OTC market
Securities CZK 100,000, -
- the settlement of securities transactions
and other investment instruments CZK 50 000 -
- to establish an investment company or
investment fund or for business
foreign entities engaged in collective
investing in the Czech Republic CZK 10 000 -
- trading securities or to
the establishment of a branch of a foreign
Securities or for providing
investment services through a branch
foreign securities dealer,
who as a foreign bank is already in the Czech
Republic has set up a branch CZK 10 000 -
- the management of records centers CZK 10 000 -
- to perform professional trading activities for
securities trader (broker) CZK 2,000, -
E) Application for withdrawal
- permission and approval granted by
letter c), except for a request for withdrawal
authorization to act as expert business
activities of a securities trader
(Broker) CZK 3,000, -
- permission to carry out professional business
A trader of securities (broker) CZK 1,000, -
F) Filing an application for prior consent
the election or appointment of a member of the Board or the Supervisory Board
investment company,
investment fund or brokerage firm
, or with permission of the person actually || | control activities of a securities trader or
to the acquisition of the voting rights or
capital investment company or investment fund or
a
acquire or increase a qualifying holding in an investment firm
CZK 1000, -
G) Filing
- granting permission to split, merge
or merger of investment companies
or investment funds CZK 50 000 -
- granting permission for the issue of Shares
to create a mutual fund
(For each mutual fund) CZK 20 000, -
- granting permission to convert the investment
fund to an open-ended mutual fund CZK 20 000, -
- authorization to establish a mutual fund
consolidation, the conversion of a closed mutual
fund to an open-ended mutual fund CZK 10 000 -
- granting authorization to merge mutual funds CZK 5000, -
- withdrawal of the authorization to issue share certificates for
to create a mutual fund CZK 2,000, -
- approval of amendments to the Statute or investment
mutual fund CZK 1,000, -
H) Submitting an application for authorization for distribution
mergers or acquisitions, stock exchange CZK 20 000, -
I) Application for approval of auction rules
securities trader CZK 3000, -
J) a state guarantee of 0.5% of
guaranteed
amounts
Exemption
:
The fee referred to in point j) of this item shall be exempt
Export Guarantee and Insurance Corporation and Czech Export Bank
Empowerment:
Administrative authority shall waive collection of the fee referred to in subparagraph d) second indent
this item if it is applied only on changes in market regulations.
Notes:
First State guarantee means the State guarantee in accordance with § 73 of the Act no. 218/2000
Coll., On budgetary rules and amending certain related laws
(budgetary rules).
Second The administrative authority shall levy a fee referred to in subparagraph c)
eighth indent of this item, in the case of a request to initiate proceedings under § 45 para. 1 of Law no.
591/1992 Coll., On Securities, as amended .. "PART SEVEN
abolished Article XI canceled
PART EIGHT canceled | ARTICLE XII ||
canceled PART NINE canceled
ARTICLE XIII abolished
| PART X ||
canceled
Article XIV revoked
PART ELEVEN Amendment to the income Tax
ARTICLE XV
Act no. 586/1992 Coll., on income taxes, as amended by Law no. 35/1993
Coll., Act no. 96/1993 Coll., Act no. 157/1993 Coll., Act no. 196/1993
Coll., Act no. 323/1993 Coll., Act no. 42/1994 Coll., Act no. 85/1994
Coll. Act no. 114/1994 Coll., Act no. 259/1994 Coll., Act no. 32/1995
Coll., Act no. 87/1995 Coll., Act no. 118/1995 Coll., Act No. .
149/1995 Coll., Act no. 248/1995 Coll., Act no. 316/1996 Coll., Act no. 18/1997
Coll., Act no. 151/1997 Coll., Act no. 209/1997 Coll., Act no. 210/1997
Coll., Act no. 227/1997 Coll., Act no. 11/1998 Coll., Act no. 149/1998
Coll., Act no. 168/1998 Coll., Act no. 333/1998 Coll., Act no. 63/1999
Coll., Act no. 129/1999 Coll., Law no. 144 / 1999 Coll., Act no. 170/1999
Coll., Act no. 225/1999 Coll., the Constitutional court judgment no. 3/2000 Coll.
Act no. 17/2000 Coll., Act No. . 27/2000 Coll., Act no. 72/2000 Coll.
Act no. 100/2000 Coll., Act no. 103/2000 Coll., Act no. 121/2000 Coll., Act
no. 132/2000 Coll., Act no. 241/2000 Coll., Act no. 340/2000 Coll.
Act no. 492/2000 Coll., Act no. 117/2001 Coll., Act. 120/2001 Coll.
Act no. 239/2001 Coll., Act no. 453/2001 Coll., Act no. 483/2001 Coll.
Act no. 50/2002 Coll. and Act no. 128/2002 Coll., is amended as follows:
First In § 26 par. 7 point. a) point 3, the words "without liquidation,
dissolution without liquidation, liquidation or declaration of bankruptcy
property registered at the date of termination of business or self-employment
, the date of termination of the lease, the date
dissolution without liquidation preceding the effective date of the merger "is replaced by" transformation
(except for the change of legal form), without liquidation, dissolution
without liquidation, liquidation or declaration of bankruptcy of the assets of the registered
date of termination of business or self-employment
, the date of termination of the lease, the day preceding the effective date of the merger
".
Second In § 26 par. 7 letter d) reads:
"D) of fixed assets registered in the assets of the taxpayer referred to in §
17 for the taxable period defined in § 17a point. C) if the tax
period of less than twelve months continuously consecutive;
this will not apply to tangible assets recorded in the property taxpayer
during this tax period or during part of the tax
period preceding that tax period for which the tax return
according to § 38 meters paragraph. 3 point. b). ".
Third In § 26 par. 7 at the end the following sentence is added: "
The provisions of this paragraph shall apply mutatis mutandis, if there
during the taxable period to change the legal form of a public company or limited partnership
another company or cooperative and
joint stock companies or limited liability companies or cooperatives
public company or limited partnership. ".
Fourth In § 28 at the end of paragraph 1 following sentences are added: "For the purposes of this Act
in transformation under special zákona70) considers
owner of tangible assets of the company or cooperative
successor company or team. It applies to tangible assets
owned by the company or cooperative as of the date of the merger,
transfer of assets to a partner or a division of a company or cooperative
and tangible assets acquired by the company or cooperative
from that date until the on the merger, transfer of assets to a partner or
division of a company or cooperative in the commercial register. ".
Fifth In § 30 paragraph. 12 introductory sentence reads: "From the entry price level from which depreciated
original owner, while preserving the method of depreciation continues
depreciation commenced by the original owner."
6th In § 30 paragraph. 12 letter. a) at the end comma deleted and the following
words "and the successor company or team, 70)."
ARTICLE XV
Transitional provisions
First Article. XV can be used in the tax period beginning in calendar year 2001.
Second Article. XV can be adequately used for
intangible assets recorded in the property until 31 December 2000.
PART TWELVE
EFFICIENCY
Čl.XVII
This Act shall take effect on the day of its publication, except for the provisions of §
80e of the Securities Act, as amended by this Act, and the provisions of §
183d paragraph. 1 and 2 of the Commercial Code, as amended by this Act, which | || take effect on the date of the accession of the Czech Republic to the European Union
force. The provisions of § 25 par. 2 and 3 and § 28 of Act no.
15/1998 Coll., As amended by this Act, come into force on January 1
2,003th
Klaus vr
Havel vr
Pp. Own hand
