278/Sb.



LAW



of 21 June 1999. August 2013,



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

Exchange activities



Parliament has passed the following Act of the United States:



PART THE FIRST



To change the foreign exchange law



Article. (I)



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., Act No. 444/2005 Coll.

Act No. 254/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,

Act No. 285/2009 Coll., Act No. 206/2007 Coll. and Act No 420/2011

Coll., is amended as follows:



1. In paragraph 1 (b). k) in point 1, the word "or" before the word "provider"

replaced with a comma, after the word "extent" with the words "institutions

branch of foreign electronic money, electronic money institutions

or small-scale electronic money issuer, "and the words" or

enable "are replaced by the words", the authorisation or registration ".



2. In paragraph 1 (b). k) point 2, the words "the person entitled to exercise

Exchange activities on the basis of registration "shall be replaced by

"směnárník".



3. In paragraph 1, at the end of the letter) is replaced by a dot and comma letter l)

repealed.



4. section 3, 3d, 3e, 3 h and 4, including headings and footnotes # 5 to

11, 11a, 11b, and 11 are deleted.



5. In article 7 (2). 1 the words "and on-demand documents proving the purpose

the required payment "shall be deleted.



6. in article 7, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



7. In article 8, paragraphs 2 to 5 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



8. In section 20 (2). 1 the words "Exchange regulations" shall be replaced by

"this Act, legislation issued for its implementation,

international agreements which are part of the legal order, and special

permit (§ 32 para. 1 and 2) (hereinafter referred to as "foreign exchange regulations") ".



9. in paragraph 22 of the paragraph. 1 (b). (d)), the words "registration or" shall be deleted.



10. in section 22 para. 1 at the end of subparagraph (d)), a comma is replaced by a dot and the

the letter e) shall be deleted.



11. In article 22, paragraph 5 shall be deleted.



12. sections 24 and 24a, including title deleted.



13. in § 25 para. 1, letter a) is repealed.



Subparagraph (b))) to (i) shall become letters and) to (h)).



14. in § 25 para. 1 letter c) is added:



"(c)) as a Czech citizen or does not submit the foreign exchange spot an outworlder special

a permit under section 7, ".



15. In § 25 para. 3 (b). and) the words "(b)) to (e))" shall be replaced by ' a) to

(d)) ".



16. in § 25 para. 3 (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



17. in § 25 para. 3 (b). (b)), the words "g), (h) or (i)))" shall be replaced by

"(f)), g) or (h))".



18. in § 25 para. 3 (b). (c)), the word "f)" shall be replaced by "e").



19. in section 26 para. 1 points and) and (b)) shall be deleted.



Subparagraph (c)) to (f)) are known as a) to (d)).



20. in section 26 para. 1 at the end of subparagraph (b)) the following the word "or".



21. in section 26 para. 1 (b). (c)), the words "paragraph. 1, or "shall be replaced by a period.



22. in section 26 para. 1, point (d)) shall be deleted.



23. In article 26, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



24. in section 26 paragraph 2 reads as follows:



"(2) for the administrative offence referred to in paragraph 1 shall be fined up to 500 000

CZK. ".



25. In section 27 para. 1, letter a) is repealed.



Subparagraph (b)) to (h)) are known as letters a) to (g)).



26. in section 27 para. 1 (b)):



"(b)) as a Czech citizen or does not submit the foreign exchange spot an outworlder special

a permit under section 7, ".



27. in section 27 para. 2 (a). a), the words ' b), c) or (d)) "shall be replaced by

"a), b) or (c))".



28. in section 27 para. 2 (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



29. in section 27 para. 2 (a). (b)), the words ' f), (g)), or (h)) "shall be replaced by

"e), (f) or (g)))".



30. In section 27 para. 2 (a). (c)), the word "e)" shall be replaced by "d").



31. section 30a including title:



"section 30a



Powers of execution



The Czech National Bank shall issue a decree the scope, period, period, and method of

the performance of the notification obligation according to § 5. ".



32. section 31, including the title.



Article. (II)



Regulation (EEC)



Decree No 374/2009 Coll., on foreign exchange activity, is hereby repealed.



PART TWO



Amendment of the Act on the circulation of banknotes and coins



Article. (III)



Law No 136/2010 Coll., on the circulation of banknotes and coins and on the amendment of Act No.

6/1993 Coll. on Česká národní banka, as amended in

amended by Act No. 254/2009 Coll., is amended as follows:



1. In paragraph 3 (b)) shall be deleted.



Subparagraph (c)) shall become point (b)).



2. In article 16(1). 1 (b). and) the words "which is a joint-stock company,

society with limited liability "shall be replaced by the words" which is a joint-stock

companies, private limited companies or public undertaking ".



3. section 29 para. 2, after the words "the processor of domestic banknotes and

coins, "is inserted after" směnárník ".



4. in section 29 para. 2 the words "the reception, processing or returning domestic

and foreign banknotes and coins are carried out by persons who are "are replaced by

the words "persons who, in the processing of domestic banknotes and coins shall be considered

their authenticity or return received banknote or coin into circulation

they were ".



5. In § 33 para. 1 the words "casino operator, the holder of the postal

license or a special postal licence under the law on postal

services, and of the payment institution, the payment service provider

small scale, electronic money institutions, and the Publisher

small-scale electronic money under the Act on payment systems,

which occurs when the provision of payment services to issue banknotes or

coins, shall ensure that the persons who, in the domestic processing of banknotes and

coins assess their authenticity or returning to circulation received domestic and

foreign banknotes and coins "are replaced by the words" směnárník, the operator

the Casino, the holder of the postal licence or special postal licence under

the Act on postal services, and the provider of the payment institution

a small range of payment services, electronic money institutions and

small e-money issuer where, when providing

payment of the services or the issuance of electronic money return occurs

taken notes or coins into circulation, shall ensure that the persons who, in

processing of domestic banknotes and coins assess their authenticity or

return received banknote or coin into circulation ".



6. In § 33 para. 3 (b)):



"(b)) persons who, in the processing of domestic banknotes and coins shall be considered

their authenticity or return received banknote or coin into circulation



1. in the Czech National Bank,



2. credit institutions performing cash operations,



3. for processors of domestic banknotes and coins, or



4. in the směnárníka, that performs currency exchange shops between the currencies of the other

than the Czech koruna, euro, us dollar, British pound or Japanese

only ".



7. In § 33 para. 3 (b). (c)), the word "legal" is deleted.



8. In § 33 para. 3 (b). (c)), the words "shall be considered when receiving, processing

or the return of domestic and foreign banknotes and coins, their authenticity

and force "shall be replaced by" in the processing of domestic banknotes and coins

assess their authenticity or return received banknotes or coins in the

circulation ".



PART THREE



Amendment of the law on the financial arbitrator



Article. (IV)



Act No. 229/2002 Coll. on the financial arbiter, as amended by Act No.

558/2004 Coll., Act No. 57/2006 Coll., Act No. 262/2006 Coll., Act No.

281/2009 Coll., Act No. 285/2009 Coll. and Act No. 180/2006, is amended

as follows:



1. paragraph 1 reads:



"§ 1



(1) the dispute in an otherwise within the jurisdiction of Czech courts is

jurisdiction financial arbiter (hereinafter referred to as "arbitrator"), in the case of a dispute

between



and) the payment service provider and the payment service user in the

the provision of payment services,



(b)) the Publisher of the electronic money and electronic money holder

When issuing and exchanging of electronic money,



(c) the lender or intermediary) and a consumer offering,

the provision or mediation of consumer credit,



(d)), investment fund, investment companies or foreign

investment companies, securities trader or investment

by the provider and the consumer collective investment

through a standard Fund or special fund, which

collects funds from the public,



(e) an insurance company or insurance broker) and a candidate for

insurance, the policyholder, the insured, the beneficiary or beneficiaries

when bidding, the provision or mediation of life insurance,



(f) foreign exchange activity and operator) a candidate for the execution

směnárenského trade or the person that was the currency exchange shop

executed.



(2) the conclusion of the arbitration agreement does not exclude the jurisdiction of the arbitrator.



(3) the arbitrator shall seek an amicable resolution of the dispute in particular. ".



Footnote 1 shall be deleted.



2. paragraph 3 reads:



"§ 3



(1) Institutions for the purposes of this Act, the



and) the payment service provider,



(b)) Publisher of electronic money,



(c) the lender or broker when) the offering, delivering or

mediation of consumer credit,




(d)), investment fund, investment company, foreign investment

the company, a securities dealer or investment provider

When the collective investment of the Fund or through the standard

a special fund, which collects money from the public,



(e) the insurance company or insurance provider) when offering,

the provision or mediation of life insurance,



(f) foreign exchange operator activities.)



(2) the applicant shall, for the purposes of this Act shall mean the user of payment

in the case of disputes referred to in § 1 (1). 1 (b). and), the holder of the

electronic money in the event of disputes referred to in § 1 (1). 1 (b). (b)),

the consumer in the event of disputes referred to in § 1 (1). 1 (b). (c)), and (d)),

the customer in case of disputes referred to in § 1 (1). 1 (b). (e)),

the implementation of směnárenského trade or the person with whom he was executed

currency exchange shop in the event of disputes referred to in § 1 (1). 1 (b). (f)).



(3) the consumer shall mean any natural person who is not acting in the course of their

business or within a separate exercise of their

profession. ".



3. § 19, including the title.



4. in paragraph 1 of article 23. 1 the words "§ 19 ' shall be deleted.



PART FOUR



Amendment of the Act on the freedom to provide services



Article. In



In section 2 (2). 1 of Act No. 222/2009 Coll., on freedom to provide services, the

the end of the text of subparagraph (a)) the following words "under another legal

prescription ^ 28) ".



Footnote # 28 is added:



"28) for example, Act No. 277/2013 Coll., on foreign exchange activities.".



PART FIVE



The EFFECTIVENESS of the



Article. (VI)



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

following the date of its publication.



Němcová in r.



Zeman in r.



Samantha r in r.