188/2011 Sb.
LAW
of 9 June. June 2011,
amending Law No. 189/2004 Coll., on collective investment in
as amended, and other related laws
Change: 241/2013 Sb.
Change: 89/2012 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
cancelled
Article. (I)
cancelled
Article. (II)
cancelled
PART THE SECOND
Amendment of the Act on the capital market
Article. (III)
Act No. 256/2004 Coll., on business on the capital market, as amended by law
No 635/2004 Coll., Act No. 179/2005 Coll., Act No. 377/2005 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. 120/2007 Coll., Act No.
296/2007 Coll., Act No. 29/2008 Coll., Act No. 104/2008 Coll., Act No.
126/2008 Coll., the Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No.
7/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll., Act No. 420/2009 Coll., Act No.
156/2010 Coll., Act No. 160/2010 Coll., Act No. 409/2010 Coll., Act No.
41/2011 Coll. and Act No. 188/2011 Coll., is hereby amended as follows:
1. In footnote 1 at the end of the text of the citation of the directive
2003/71/EC, the words ", as amended by the directive of the European Parliament and of the
Council 2010/73/EU and in text citations directive 204/109/EC, the words "in the
the text of the directive of the European Parliament and of the Council of 208/22/EC "shall be replaced by the words
", as amended by Directive 2008/22/EC and 73/2010/EU".
2. In footnote 2, the words "1725/2003 of 29 September 2003. September 2003 "
replaced by the words "1126/2008 of 3 June. November 2008 ".
3. In article 2 (2). 1 (a). and), the word "Executive" is deleted.
4. In section 2 (2). 1 (f)):
"(f)) close links
1. the relationship between two or more persons, which is one of the people on the
second person direct or indirect share of the capital, whose
the sum represents at least 20%,
2. the relationship between two or more persons, which is one of the people on the
second person direct or indirect proportion of voting rights, which
the sum represents at least 20%,
3. the relationship between two or more persons, in which one of the persons from other
a person or other persons, or
4. the relationship of two or more persons, which is controlled by the same person, ".
5. In section 2 (2). 1 at the end of the letter to be replaced by a period and a comma)
letter l) is repealed.
6. In footnote No 2 c is the number "3" shall be replaced by the number "9" and the words
"No 1725/2003" shall be replaced by the words "No 1126/2008".
7. In section 2b, paragraph. 1 (a). (b)), section 3, point 1 of paragraph 1. 1 (a). (h)), and k), section 15 k
paragraph. 2 (a). and, section, paragraph 15). 2 (a). (f)), paragraph 1 of section 15 ° of paragraph 1. 1 (a).
(e)), § 36 odst. 1, 2, 6 to 8, section 36 c of paragraph 1. 5, § 118 paragraph. 1 (a). a), §
paragraph 118. 1 (a). (b)) § 118 paragraph 1, second subparagraph. 5 (a). and, section 119b) paragraph. 1, §
and section 121a, paragraph 123. 1 the words "regulated market established in the Member
State of the European Union "shall be replaced by the words" the European regulated market ".
8. In section 3, paragraph 3. 1 (a). (c)), the words ", which are normally dealt
on the money market (money market instruments) "shall be replaced by the words" money
the market ".
9. In section 3, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) the securities for collective investment are mainly shares
Investment Fund and units.
(4) money market instruments are tools, which are usually
traded on the money market and which have a value which can be at any time
accurately determine. ".
Paragraphs 3 to 5 shall be renumbered as paragraphs 5 to 7.
10. In section 4, paragraph 4. 7 in the introductory part of the provisions of § 34 paragraph. 1 and § 69 paragraph.
1 the words "means" shall be replaced by the word "is".
11. In section 4b is inserted after paragraph 1 a new paragraph 2 is added:
"(2) the authorisation does not require also trading on account of other market participants
investment instruments referred to in section 3, paragraph 3. 1 (a). (d)) to) or
pricing for these participants, if the settlement of these transactions is
guaranteed to the participants of the settlement system of such market. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
12. In article 4b, paragraph. 3 of the introductory part of the provisions of the number "3" is replaced by
the number "4", at the end of subparagraph (c)), the word "or" is replaced by a dot and the
subparagraph (d)) shall be deleted.
13. In article 4b, paragraph. 4, the words "in this Act means" shall be replaced by the word
"is" and the number "2" is replaced by the number "3".
14. In article 4b, paragraph. 4, section 16 c and section 17a, paragraph. 1 the words "regulated market
established in a Member State of the European Union "shall be replaced by ' the European
regulated market ".
15. In section 9b paragraph. 2 (a). (c)), the word "f)" shall be replaced by "g").
16. In section 10 d of paragraph 1. 2, and in section 10 d of paragraph 1. 6 (a). (g)), the number "3" is replaced by
the number "2".
17. In section 10 d of paragraph 1. 8 the first sentence, after the words "or" Word
"that".
18. In section 12 (b). (b)), the following point 4 is added:
"4. the investment intermediaries, which performs the merchant with the
securities of their activities, and their customers. "
19. In section 12 c of paragraph 1. 1 (a). and (b))) and the words "of the custody of the investment
tools and "shall be replaced by the words" on the securities account management, on which the
registered book-entry securities owner "and the word" held "
replaced by the words "recorded at the same time".
20. In section 12 c of paragraph 1. 1 (a). (b)), the words "a separate register of securities
"shall be replaced by" registration of investment instruments ".
21. In section 15(2). 2, §, § 53 paragraph 119a. 4, § 120 paragraph. 1, § 162, paragraph. 2
(a). and) and in section 167, paragraph. 10 (a). and the words ") of the regulated market, the
established in a Member State of the European Union "shall be replaced by the words" of the European
the regulated market ".
22. In section 15(2). 4, the word "15a" is replaced by "15".
23. In section 15 d of paragraph 1. 1 (a). (f)), point 3, the words "credit institution"
shall be replaced by the word "persons".
24. In section 15 g (f) for the word ")", the words "points 1 to 3".
25. In paragraph 15. 1 the word "quoted" be deleted and the word "instruments"
the words "shall be admitted to trading on a regulated European
the market ".
26. In section 16a, paragraph. 4 (b). (b)), the word "listed" be deleted and the word
"securities" shall be inserted after the words ", admitted to trading on a regulated
the market ".
27. In section 16a, paragraph. 8, the words "the auditor or audit firm ^ 6)
verified "is replaced by" ^ 6) auditor verified ".
Footnote 6 is added:
"6) Law No. 93/2009 Coll. on Auditors, as amended.".
28. In section 16a, paragraph. 9, the words "special legislation" shall be replaced by
the words "the law".
29. In section 16 c shall be the word "quoted" be deleted and the word "stock"
the words "admitted to trading on a regulated European market".
30. In paragraph § 17a. 2, section 17b, paragraph. 5 and 6, and in section 17 c of paragraph 1. 1, 2, 5 and 6
the word "listed" be deleted and the word "shares" shall be inserted after the words
"admitted to trading on a regulated European market".
31. In section 17b, paragraph. 1 the word "listed" be deleted, the word "stock"
the words "admitted to trading on a regulated European market",
the word "listed" shall be deleted and the word "shares" shall be inserted after the words
"admitted to trading on a regulated European market".
32. In section 17b, paragraph. 7, the words "quoted shares," shall be replaced by the words "shares
admitted to trading on a regulated European market ".
33. In section 17b, paragraph. 8 (a). and (b))) and in section 17b, paragraph. 9, the word
"listed companies" shall be deleted and the word "shares" shall be inserted after the words "taken to
trading on a regulated European market ".
34. In section 17b, paragraph. 9, the word "listed" is replaced by the words "adopted by the
trading on a regulated European market ".
35. In section 22a, paragraph. 1, after the word "participant" is the word
"Foreign Affairs", the words "established in another Member State of the European Union"
are deleted, the word "on" shall be inserted after the word "foreign" and the words "in the
This State "shall be replaced by the words" in the State in which the foreign
the regulated market registered office ".
36. In § 34 paragraph. 2 (a). and the words) "transferable" shall be replaced by
the word "these".
37. In § 34 paragraph. 2 (d)) shall be deleted.
Letter e) is renumbered as paragraph (d)).
38. In article 34, paragraph 2, the following paragraph 3 is added:
"(3) for the purposes of the provisions of this law on the public offering, the prospectus
Security and on the conditions for admission to trading
on a regulated market is a qualified investor, means the person referred to in
section 2a paragraph. 1 and 2. A qualified investor shall mean also the other person,
which a securities dealer or a person referred to in section 24, paragraph. 5
or in section 28 paragraph. 6 under section 2b for the customer that is
professional customer, to the extent of transactions or investment services
relating to the securities offered. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
39. In § 34 paragraph. 4 of the introductory part of the provisions of the number "4" is replaced by
the number "5".
40. In § 34 paragraph. 4 (b). e) and (f)), the words "similar subject
business "is replaced by" similar "activities.
41. In § 34 paragraph. 4 (b). (f)), paragraph 4, the words "the sale price or the emission
the rate is lower than the corresponding amount of EUR 50 0000 0000 ' shall be replaced by the words
"the value of the consideration is lower than the corresponding amount of EUR 75 0000 0000" and
the word "push" with the words "in all the Member States of the European
the Union ".
42. In § 34 paragraph. 4 (b). g), the words "shall not exceed the amount corresponding to
200 000 ' shall be replaced by the words "is less than the amount of EUR 1 0000 0000" and
the word "push" with the words "in all the Member States of the European
the Union ".
43. In § 34 paragraph. 4 at the end of paragraph (i) is replaced by a comma and dot)
the following point (j)), which read:
"j) securities issued by open mutual fund under the Act
adjusting the collective investment of the Fund or a similar collective
According to the foreign investment law. ".
44. In § 34 paragraph. 5, the words "3 (a). and), c), (f) and (g))) "shall be replaced by the words
"4 (b). and (c))), f), (g) and (i))) ".
45. In section 35, paragraph. 2 (a). (b)), the word "no" be deleted, the word "State"
replaced by the word "State" after the words "European Union" shall be inserted after the words "
where is this offer is made, "and the number" 100 "is replaced by the number" 150 ".
46. In section 35, paragraph. 2 (a). (c)), and (d)), § 36 odst. 2 and in section 36 g of paragraph 1. 5,
the words "EUR 50000" is replaced by "fixed limit" in the euro.
47. In article 35, paragraph 2, the following paragraph 3 is added:
"(3) the person referred to in section 2a paragraph. 1 (a). and (c))) or a foreign person with
similar activities on the basis of the request, shall notify the issuer or the person
wishing to offer securities to the public, whether your customer is considered a
Professional, and it's in the range of trades or investment services
relating to securities of the issuer, which are to be the subject of
menu. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
48. In section 35, paragraph. 4 (b). (b)) and section 57 paragraph. 3, the word "merger"
the words "Division or on the basis of the approved
reorganization plan ".
49. In section 35, paragraph. 4 (b). (c)), the words "of the shares offered free of charge
the current shareholders and "are deleted.
50. In section 35, paragraph. 4 (d)):
"(d)) securities issued by and offered or allocated to current
or former employees, or persons with control of their powers
the employer or the person of the same group as the employer, if the
is delivered to the Czech National Bank and the addressees of the bid is available
a document containing information on the number and nature of the Securities and the reasons for and the
details of the offer, the terms of the employer or a person from the same
the group as an employer,
1. established or having their head office in a Member State of the European Union, or
2. is headquartered in the State, which is not a Member State of the European Union, for
provided, that the employer or person from the same group as
the employer issued securities which are admitted to trading on a
the European regulated market or on the securities market, based in
State which is not a Member State of the European Union, which the European Commission
has recognized as comparable with the European regulated market (section 35a), ".
51. In section 35, paragraph 5 shall be deleted.
52. under section 35, the following new section 35a and 35b, which including the title of § 35b
added:
"section 35a
(1) the person referred to in section 35, paragraph. 4 (b). (d)), whose securities are
admitted to trading on the securities market, based in the State,
that is not a Member State of the European Union, which the European Commission
recognized as comparable with the European regulated market, the European
the Commission, by the Czech National Bank to submit a request for recognition of this
the market for comparable with the European regulated market.
(2) the request referred to in paragraph 1 may relate only to the securities market
organized on the basis of authorisation issued by the supervisory authority of the State in
which has its registered office Organizer, is subject to supervision of the authority
supervision, and if the law of the State of the registered office of the organiser at least
and) requires the introduction and maintenance of transparent rules of trading
on the securities market to ensure fair and orderly
trading and establish objective criteria for the implementation of the guidelines,
(b)) requires the introduction and maintenance of transparent rules of admission to
trading on this market, which ensure that the securities are accepted
papers that are freely negotiable and that the assumptions
a fair, orderly and efficient trading
(c)) requires the introduction and maintenance of measures related to the handling of
market and the use of internal information,
(d)) provides for issuers of securities admitted to trading on a market with
securities regular and ongoing information requirements,
e) provides to participants of such securities market access
publicly available information on the securities admitted to trading
on the securities market.
(3) the application referred to in paragraph 1 shall be accompanied by documents certifying the applicant
compliance with the conditions laid down in paragraph 2. If the application is incomplete
or if you suffer from other disabilities, the Czech National Bank without undue delay
in writing ask the applicant to eliminate the deficiencies of the application, where appropriate, to
the submission of further information necessary for the examination of the application of the
satisfying the conditions laid down in paragraph 2.
(4) If the Czech National Bank recommends that the securities market,
where the application concerns, recognised by the European Commission to be comparable with the
the European regulated market, it shall refer the request with their opinion
The European Commission within 30 days from the date of receipt of the application attesting to compliance with the
the conditions laid down in paragraph 2.
section 35b
The subsequent public offer of securities
A securities dealer, the person referred to in section 24, paragraph. 5 or a person
referred to in section 28, paragraph. 6, who makes a subsequent public offer of securities
securities subscribed by the issuer or purchased from a person offering these
securities, a prospectus may not disclose, if
and) is for the duration of the subsequent public offerings of the addressees of the public offer
available in the prospectus drawn up in connection with the initial public
the offer,
(b)) this is a valid prospectus in accordance with section 36i, and
(c)) all persons who have developed the original prospectus, expressly
allow its use in subsequent public offer. ".
53. In section 36, at the end of paragraph 2 the following sentence "the prospectus may not
include information about the guarantor if the guarantor is a Member State of the European
Union. ".
54. In § 36 odst. 4, the words "the eighth or the document provided for in § 120 paragraph. 7 "
replaced by the words "the fourth or the eighth of titles II to IV".
55. In § 36 paragraph 5 is added:
"(5) the Summary of the prospectus is a structured brief and understandable document
in the language in which the prospectus is drawn up, taking for his copy of the
You cannot use the procedure referred to in paragraph 4 and paragraph 2 sentence last
apply, mutatis mutandis; the summary of the prospectus contains
and on) Note that
1. This summary represents an introduction to the prospectus,
2. the decision to invest in the securities should be based on
the investor will consider the prospectus as a whole,
3. in the case when it is brought before the Court, concerning the data
referred to in the prospectus, the plaintiff investor may be obliged to bear the costs of
on the translation of the prospectus before the legal proceedings incurred,
If it is not in accordance with the law, unless otherwise provided for, and
4. a person who has produced a summary prospectus including its translation,
responsible for the accuracy of the information in the summary of the prospectus only if that
the summary of the prospectus is misleading or inaccurate in the common interpretation with
other parts of the prospectus, or that the summary prospectus for common
the interpretation with the other parts of the prospectus does not contain the information referred to in
paragraph 5 (a). (b)), and
(b)) a structured overview of the information necessary to assess the nature of the
Security and risks associated with it, so that, on the basis and in
consideration of the prospectus as a whole could judge whether the addressee of the offer is valuable
paper suitable for him; This overview contains at least
1. a brief characterization of the issuer and of any
the guarantor, including risks associated with the assets, liabilities and financial situation
of these persons,
2. a brief description of the essential risks of issuer and any
the guarantor,
3. a brief description of the significant risks associated with investment in the
security, the basic characteristics of the investment in this valuable
the paper and the description of the rights associated with this valuable paper
4. in the case that this is a summary of the prospectus issued in connection with
the public offer of securities, also the reasons for the offer to the public,
the way in which the issuer, or the person making the public offer shall apply the proceeds
offer to the public, and the General conditions of the offer to the public, including estimates of the amount of the
charges associated with the acquisition of the securities that are the subject of
offer to the public, and
5. in the case that this is a summary of the prospectus issued in connection with
the adoption of a security to trading on a regulated European market,
for details on the admission to trading on a regulated European market
including estimates of the amount of the charges associated with the acquisition of securities, which
to be admitted to trading on a regulated European market. ".
56. In § 36 odst. 8 the second sentence, after the words "includes" following the word
"also", the words "or an appendix to the prospectus" shall be deleted and the end of the text
the second sentence, the words "and which were not included in the Appendix
the prospectus approved by the Czech National Bank ".
57. In § 36a, paragraph. 1 (a). (b)) the introductory part of the provisions in point 2,
the words "§ 34 paragraph. 2 (a). d) point 1 shall be replaced by "section 2a paragraph. 1
(a). and (b)) or) or a foreign person with similar activities ".
58. In § 36a, paragraph. 1 (a). (b)) (2) the words "payable to the capital"
replaced by the words "payable to the principal."
59. In § 36a, paragraph. 3 the first sentence, after the word "communicated" is the word
"issuer" and the words "as soon as possible, at the latest at the beginning of the public
menu, if it is possible to "shall be replaced by the words" and any supervisory authority
the Member State in which the security is to be offered to the public or
admitted to trading on a regulated European market, before the beginning of
before accepting the offer to the public and to trading on the regulated European
the market ".
60. Under section 36b, at the end of the text of paragraph 2, the words ", or if the
the summary of the prospectus when the common interpretation with other parts of the prospectus
does not contain the information specified in § 36 odst. 5 (a). (b)) ".
61. In § 36 g of paragraph 1. 2 (a). (b)) for the word "more" is the word
"foreign" and the words "established in the Member State of the European Union, which
There is no Czech Republic "shall be deleted.
62. In section 36 g of paragraph 1. 3 (b). (b)), after the word "on" is the word
"foreign" and the words "established in the Member State of the European Union with
the exception of the regulated market (section 55) "shall be deleted.
63. In section 36 g of paragraph 1. 5 and § 123, paragraph. 1 the words "regulated markets to
established in a Member State of the European Union "shall be replaced by the words" of the European
regulated markets ".
64. In § 36 g of paragraph 1. 5, the words "Czech language" shall be replaced by the words "language, in the
where you can submit the documents of the Czech National Bank ".
65. In section 36 h of paragraph 1. 1 (a). and the word ") and" shall be replaced by the word "or".
66. In section 36 h of paragraph 1. 1 (a). and (c))) and after the words "securities" shall be
the words "or a person referred to in section 24, paragraph. 5 or § 28 paragraph. 6. "
67. In section 36 h of paragraph 1. 1 (a). and), d) and (e)), the words "in a manner that allows
remote access "shall be deleted.
68. In section 36 h of paragraph 3 is added:
"(3) if the prospectus is published only on the Internet
the website, the issuer, the offeror, the person asking for
admission to trading on a regulated market or securities trader
papers or the person referred to in section 24, paragraph. 5 or § 28 paragraph. 6, who
placing or selling the securities, the investor on request free of charge
deliver a copy of the prospectus. a physical ".
69. In section 36 h of paragraph 1. 5 of the introductory part of the provisions for the word "papers"
the words "the person referred to in section 24, paragraph. 5 or § 28 paragraph. 6. "
70. In section 36 h of paragraph 1. 5 (a). (c)) for the word "available", the words "in the
unchanged ".
71. In section 36i paragraph. 1, the words "from the first publication of" shall be replaced by the words
"from the date of its approval by the Czech National Bank".
72. In section 36i paragraph. 4, after the words "in accordance with", the words "§ 36
paragraph. 8 or ".
73. Under section 36i, the following paragraph 5 is added:
"(5) the Form, content and form of the prospectus shall be valid for the whole period
prospectus amended, with the exception of the procedure according to § 36 odst. 8 and section 36j. ".
74. In section 36j, paragraph 3 reads:
"(3) in the case of a public bid is an investor, that before the publication of
the appendix to the prospectus agreed to purchase or subscribe for securities, and that
These securities even regained the ownership right, entitled to from
the purchase or subscription to withdraw within 2 working days after the date of publication of the
Appendix, unless the person making the public offer prospectus Appendix
a longer period ".
75. In section 36j, the following paragraph 4 is added:
"(4) the Form, content and form of the appendix to the prospectus may not be all of the time
the validity of the appendix to the prospectus amended. ".
76. In section 36 k of paragraph 1. 3 and section 57 paragraph. 2 (a). and) number "3" is replaced by
the number "4".
77. In section 36l at the end of the text of the first sentence, the words ", and in the same
the time limit for the issue of the certificate shall inform the issuer or the person responsible for
copies of the prospectus ".
78. In section 43, paragraph. 5, after the words "another Organizer" is the word
the "European" and the words "established in the Czech Republic or in a Member
State of the European Union "shall be deleted.
79. In section 48, the current text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the provisions of this Act governing the management and control system
Merchant securities is the organizer of the regulated market
shall apply mutatis mutandis. ";"
80. In section 55, paragraph. 2 the words "regulated market established in the Member
State of the European Union ' shall be replaced by the words "the European regulated market".
81. In section 55, the following paragraph 3 is added:
"(3) a foreign regulated market is the European regulated market which
is not a regulated market referred to in paragraph 1. ".
82. In § 56 paragraph. 5, the word "established" shall be replaced by the words "accepted to
trading on a foreign regulated market ".
83. In section 57, paragraph. 2 (a). and the number "3)" is replaced by the number "4".
84. In section 57, paragraph. 2 (a). (d)), the words "whose securities are
admitted to trading on a regulated market or the companies it
controlled or controlling or controlled by the same
person as an employer and offered "shall be replaced by the words" or a person of
the same group, and offered the "and the words" head of persons "shall be replaced by the words
"persons with management powers, the u."
85. In paragraph 59. 1, the words "listed investment instrument" shall be replaced by
the words "admitted to trading on a regulated European market".
86. In § 63 paragraph. 7, after the word "Organizer" is the word
"foreign" and the words "established in another Member State of the European Union"
shall be deleted.
87. Under section 72, the words "to the listed company shares ' shall be replaced by the words" to the shares
taken to trading on a regulated market. "
88. the following section is inserted after section 83 83a:
"§ 83a
The provisions of this Act governing the management and control system
Merchant securities settlement system provider
shall apply mutatis mutandis. "
89. In paragraph 92. 3 (b). (b)), the words "referred to in the authorisation
investment service of safekeeping and administration of investment instruments, including
related services "shall be replaced by the words" in respect of the registration of
book-entry securities issued by collective investment undertakings
mutual fund, which manages, or investment fund,
which has concluded a contract for the management of the property investment fund
According to the law governing collective investment ".
90. In paragraph 92. 3 (b). (d)), section, paragraph 93. 2 (a). (e)) and article 93, paragraph. 3 (b).
e), the words "line of business" shall be replaced by "activities".
91. In paragraph 93. 2 (a). (b)) (a). 3 (b). (b)), the words "which has in
authorization for its activities referred to the investment service, safekeeping and administration
investment instruments, including related services "shall be replaced by the words
"as regards the register of dematerialised securities of the collective
investing, mutual fund, which issued manages, or
Investment Fund, with which it has concluded a contract for the management of
the property investment fund under the law governing collective
investing ".
92. In article 104, the following paragraph 6 is added:
"(6) the provisions of this Act governing the management and control system
Merchant securities central depository to apply
reasonably. ".
93. section 116 reads as follows:
"§ 116
An individual who is or was an investment broker,
bound by a representative, a person with management powers, forced by the administrator,
the liquidator, receiver, a companion to the insolvency administrator
or an employee of the person who keeps records of investment tools,
the organizer of the regulated market, a trader with securities, foreign
persons providing investment services in the Czech Republic through the
organizational folder, an investment broker, escrow agent,
settlement system operator or person included in the
consolidated entity subject to supervision on a consolidated basis,
carrying out, the Czech National Bank is required to maintain the confidentiality of any
information that may be relevant for the assessment of the development on the capital
market or may significantly harm the person using the service provided by the
on the capital market, and which have not been published. ".
94. Article 117, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
95. In § 117 paragraph. 1 the words "under paragraph 1" shall be replaced by the words
"referred to in section 116".
96. In section 117, paragraph. 2, the words "paragraph 1" shall be replaced by the words "§ 116."
97. In § 118 paragraph. 1 (a). and) point 2 and § 118 paragraph. 1 (a). (b) point 1)
the words ", with the exceptions referred to in § 120 paragraph. 8 shall apply mutatis mutandis "
shall be deleted.
98. In § 118 paragraph. 1 (a). (b)), point 3, § 118 paragraph. 1 (a). (c)) points 1 to
4, paragraph 127c and section. 2 the words "regulated market established in the Member
State of the European Union, which the Czech Republic is not "shall be replaced by the words
"foreign regulated market".
99. In § 118 paragraph. 4 (b). (f)), and (h)), the part of the sentence for a semicolon, including
the semicolon is repealed.
100. In § 118 paragraph. 4 (b). g), the words ", including persons of such persons
loved ones "and the words" and collectively for persons in these persons ' shall be deleted.
101. In § 118 paragraph. 4 (b). (h)), the word "identification" shall be replaced by the words
"name and surname".
102. In footnote No. 12e, the words "No 1725/2003" shall be replaced by
the words "No 1126/2008".
103. In paragraph 119a. 3, after the words "the issuer", the words "referred to
in § 118 paragraph. 1 (a). and) ".
104. In paragraph 119a. 4, the words "on a quarterly basis the information equivalent to
the information referred to in paragraph 1 (b). and) and (b)), with the following information
must comply with the requirement set out in paragraph 3 "shall be replaced by the words
"the message for the first and the third quarter of the financial year complying with equivalent
the requirements laid down in paragraphs 1 to 3 ".
105. In paragraph 119c. 1, letter a) is added:
"and the issuer referred to in §) 34, paragraph. 4 (b). ) and ".
106. In paragraph 119c. 1 (a). (b)), the words "the amount of at least EUR 50 000"
replaced by the words "at least to the amount corresponding to the specified limit in
Euro ".
107. In paragraph 119c. 2 (a). and the words ") § 34 paragraph. 2 (a). d) point 1 "
replaced by the words "of section 2a paragraph. 1 (a). and (b)) or) or a foreign person with
similar activities ".
108. In § 120 paragraph. 2 (a). (b)), the words "§ 34 paragraph. 2 (a). point 1 (d))
or a 2 "are replaced by" section 2a paragraph. 1 (a). and (c))) or a foreign
persons with similar activities ".
109. In section 120, paragraphs 7 and 8, including the footnotes no 12f and 13
shall be deleted.
110. In paragraph 120a. 2 the words "financial institution" shall be replaced by the words
"the person".
111. In section 120b paragraph. 1 (a). (b)), the word "business", the words
"bank or a similar" and the word "fact" is replaced by
the word "information".
112. In section 120b paragraph 3 reads:
"(3) the issuer referred to in § 118 paragraph. 1 (a). and shall make the documents)
referred to in paragraph 1 to shareholders or owners of securities
representing the share of the issuer and shall publish the information referred to in paragraph
2 free of charge on its website. The obligation to publish
notification or invitation to the general meeting pursuant to the commercial code by
not prejudice. ".
113. In paragraph 120. 1, the words "in a manner which the issuer" shall be replaced by
the word "Issuer", the word "published" shall be replaced by the words "shall be obliged to
to publish or send the ", the words" to convene a similar "shall be replaced by the word
"like" and the word "amount" shall be replaced by the words "the amount; the same
in a way ".
114. In paragraph 120. 2 and section 127c paragraph. 4, the words "EUR 50000" is replaced by
the words "corresponding to the specified limit in euros".
115. In section 122 at the end of paragraph 2, the sentence shall be added to a separate line
"If the proportion of voting rights referred to in paragraph 1 shall take or
cease to be persons acting in concert, their holdings of voting rights
for the purposes of the performance of the notification obligation shall be aggregated; the obligation of the individual
the persons referred to in paragraph 1 is not affected. Notification obligations shall be subject to
even a change in the layout of a holding of voting rights between the parties
acting in conformity to the extent of constituting the obligation of notification. "
116. In paragraph 122. 9, the words "§ 34 paragraph. 2 (a). d) point 1 or 2 "
replaced by the words "of section 2a paragraph. 1 (a). and (c))) or a foreign person with
similar activities ".
117. In section 124, paragraph. 1, after the word "on" is inserted after the word "European" and the word
"Member State of the European Union" shall be deleted.
118. In section 124, paragraph. 4 (b). (c)), the number "2" is replaced by "1".
119. In paragraph 126. 5, after the words "Czech Republic", the words
"the person who is registered in a State which is not a Member State of the European
Union, and provides investment services in the Czech Republic, "and the words
"affiliates" shall be inserted the words "or without establishing a branch".
120. In paragraph 127. 1, after the words "§ 120a paragraph. 2 and 3 ", the words"
paragraph, section 120b. 1 (a). and) "and the words" section 120b paragraph. 1 and 2 "shall be replaced by
the words "paragraph of section 120b. 1 (a). (b)) (a) to (f)). 2. "
121. In paragraph 127c. 4, the words "regulated market established in one
or more Member States of the European Union "shall be replaced by the words" one or
more regulated European markets "and the word" Union "shall be inserted after
the words ", in which seat the European regulated markets".
122. In section 127d at the end of the text of paragraph 3, the words "and at the same time
shall without undue delay inform the Czech National Bank on the
any change in the facts, on the basis of him was an exception
enabled. ".
123. In paragraph 127d. 2 the word "standards" ^ 17b) "shall be replaced by
"^ 12e) standards".
Footnote No. 17b is hereby repealed.
124. In paragraph 130. 3 (a). 4 (b). (c)), the number "3" is replaced by
"2".
125. In paragraph 130. 5 (a). and the words "5) (a). (g)) "shall be replaced by the words" 4
(a). (e)) ".
126. In paragraph 130. 6 is the number "6" is replaced by "5".
127. In paragraph 130. 8 with the number "8" is replaced by "7".
128. In paragraph 130. 9 and 11, the words "8 and 9 ' shall be replaced by the words" 7 and 8 ".
129. In paragraph 130. 12 is the number "12" shall be replaced by the number "11".
130. In paragraph 135. 1 introductory part of the provisions for the word "law"
the words "legislation implementing it,".
131. In paragraph 135. 1 (a). q), the number "1", the words "or
the issuer of a financial instrument ".
132. In section 135a paragraph. 9, after the word "that" is inserted after the word "foreign" and
the words "from another Member State ' shall be deleted.
133. section 137:
"§ 137
(1) the Czech National Bank will issue measures of a general nature, which suspends the
trading,
and) threatening to large economic losses or if they are seriously at risk
the interests of the investors, or
(b)), where there are big economic loss or have been seriously affected by
the interests of the investors.
(2) the Czech National Bank to measures of a general nature shall suspend the trading
and) with all investment instruments on a regulated market,
(b)), with all the investment instruments on the part of the regulated market, or
(c)) with a particular investment instrument on the regulated market.
(3) the Czech National Bank will issue measures of a general nature referred to in paragraph 2
(a). (c)), also at the request of a supervisory authority of the Member State of the European Union
or after notification to the supervisory authority of the Member State of the European Union,
received comparable measures, unless this would seriously jeopardise the interests of the
investors or the proper functioning of the market.
(4) Measures of a general nature shall be issued without the control of the draft measures
of a general nature. Measures of a general nature shall enter into force on the date of publication of the
on the notice board of the Czech National Bank; publication on the official Board of another
the Office is not required. If nepozbylo the effectiveness of earlier measures shall cease to
the general nature of the effectiveness of the expiry of 6 months from the date of acquisition of the
efficiency.
(5) a person whose rights, duties, or legitimate interests may be
measures of a general character issued by the Czech National Bank, are
entitled to bring against the measures by a written reasoned objections within
the time limit within 5 working days from the date of its publication. Lodged objections
do not have suspensory effect. About submitted objections decides the Czech national
the Bank, against such decision cannot be appealed.
(6) the Czech National Bank may, in connection with the release of General measures
of the nature referred to in paragraph 2 (a). (c) Save to the organiser of the regulated)
market within a specified period has examined whether the conditions are met for
the exclusion of this investment instrument from trading on a regulated
market, and to inform about the results of the Czech National Bank.
134. In paragraph 145. 7 (b). e), the words "the facts on the"
replaced by the words "in fact, on that."
135. § 146 paragraph. 3 and § 148 paragraph. 2 the word "take" is replaced by
the word "stores".
136. In § 146 paragraph. 3, 5 and 6, § 148 paragraph. 2 the words "pursuant to section 136"
replaced by the words "or other measures".
137. Article 146, paragraph 7 shall be deleted.
138. § 147:
"§ 147
(1) a securities Trader, which provides investment services in
the host Member State, the Czech National Bank may impose penalty measures to
remedy or other measures for infringements of the obligations arising from the law
The European Union in the field of the provision of investment services, the implementation of the
is subject to the supervision of the Czech National Bank, on the basis of the notification of a supervisory authority
of the host State, or even without this notice. The sanction measures to
remedy or another measure saves the Czech National Bank on the basis of
notification of the supervisory authority of the host State, without undue delay,
inform the supervisory authority.
(2) the Czech National Bank oversees the activities of the brokerage house
the papers, which provides investment services in the host Member State, the
the territory of the host State in accordance with this Act. As regards the provision of
services through the organizational folder, is not subject to the supervision of the Czech
National Bank compliance with the obligations referred to in section 24, paragraph. 5; of the fulfilment
These obligations shall supervise the supervisory authority of the host State under the law of
of this State. ".
139. In § 148 paragraph. 1 the words "laid down by this law on the basis of"
replaced by the words "arising out of".
140. In section 148, paragraph 3 is deleted.
141. In the tenth title and the following parts 7 to 10, including
the headings are added:
"Part 7
Supervision of the organizer of a regulated market has been determined by the regulated market
in another Member State of the European Union
section 149a
The organizer of the regulated market, which organizes the regulated market in
another Member State of the European Union, the Czech National Bank can save
penalty, corrective measures or other measures for the violation of obligations
the organizer of a regulated market arising from the law of the European Union, on the
the basis of the notification of the supervisory authority of another Member State of the European
the Union, or even without this notice. The sanction measures to remedy or
Another measure saves the Czech National Bank on the basis of the notification
supervisory authority of another Member State of the European Union, without undue
immediately inform the supervisory authority.
Episode 8
The supervision of the foreign person, which operates in the Czech Republic on
authorized by the supervisory authority of another Member State of the European Union
the multilateral trading system
§ 149b
(1) in the case of a foreign person who operates in the Czech Republic
multilateral trading system based on the Supervisory Authority authorisation of another
the Member State of the European Union, does not comply with the obligations of the operator
the multilateral trading system arising from the rights of the European Union,
The Czech National Bank to notify this fact to the supervisory authority of the
another Member State of the European Union.
(2) in the case of a person referred to in paragraph 1, despite the measures taken by the
supervisory authority of another Member State of the European Union is damaging or
threatens its interests of investors or the smooth operation of the
the capital market, the Czech National Bank to notify this fact to the
This supervisory authority and then saves the corrective measures or other measures.
Episode 9
Supervision of the provider of the multilateral system, operating
the multilateral trading system in another Member State of the European Union
§ 149c
The operators of the multilateral trading system, which operates the
the multilateral trading system in another Member State of the European Union, the
The Czech National Bank to impose penalty measures to remedy or other
measures for violation of the obligations of the operator the multilateral trading
the system arising from the law of the European Union, on the basis of the notification authority
supervision of that other Member State of the European Union, or even without this
the notification. About the penalty, corrective measures, or other measures, that the Czech
National Bank saves on the basis of the notification of a supervisory authority of another Member
State of the European Union, without undue delay, notify the authority of the
supervision.
Episode 10
Informing the European Commission
§ 149d
The Czech National Bank shall notify without undue delay through the
Department of the European Commission of the measures imposed pursuant to § 146 paragraph.
3 to 6, § 148 paragraph. paragraph 2 and article 149b. 2. ".
142. In § 151 at the end of paragraph 2 the following sentence "this procedure of the Czech
the National Bank is not administrative procedure. ".
143. In § 157 paragraph. 1 (a). (e)), the word "quotes" is replaced by
"quotations".
144. In § 157 paragraph. 1 (a). (g)), the word "quotes" is replaced by
"quotes".
145. Article 162, paragraph 7, the following paragraph 8 is added:
"(8) the issuer referred to in section 127d paragraph. 1 is guilty of misconduct,
that
and neuveřejní information) as laid down in section 127d paragraph. 3, or
(b)) in contravention of section 127d paragraph. 3 does not inform the Czech National Bank for each
a change in the facts, on the basis of the exception was enabled to him. ".
The present paragraph 8 shall become paragraph 9.
146. In paragraph 162. 9 (a). and) the words "or paragraph 7" shall be replaced by
the words "paragraph 7 or paragraph 8 (b). (b)) ".
147. In paragraph 162. 9 (a). (b)), the words "or paragraph 4" shall be replaced by
the words "paragraph 4 or paragraph 8 (b). and) ".
148. In paragraph 164. 4 sentence first, in section 166, paragraph. 4 and in section 167, paragraph. 12
the word "to" is replaced by the words "up to".
149. In section 165 paragraph 5, the following paragraph 6 is added:
"(6) the Legal or natural person-entrepreneur whose registration has been
canceled, or the legal successor of a person whose registration has been cancelled,
that is a legal or natural person-entrepreneur, is guilty of
the administrative tort that preserves the document or record in contravention of section 32
paragraph. 6. ".
Paragraph 6 is renumbered as paragraph 7.
150. In section 165 paragraph. 7 (b). and), the word "or" is replaced by a comma and the
the end of the text of the letter shall be added the words "or paragraph 6".
151. In section 167, paragraph. 3 the number "117" is replaced by "116" and at the end of
text the words "117".
152. In section 167, paragraph 10, insert a new paragraph 11, which read:
"(11) a natural person whose registration has been cancelled, or a natural person,
that is the legal successor of a person whose registration has been cancelled,
commits an offence that preserves the document or record in contravention of section 32
paragraph. 6. ".
Paragraphs 11 and 12 shall become paragraphs 12 and 13.
153. In section 167, paragraph. 12 (a). (b)), the word "or" is replaced by a comma and the
the end of the text of the letter shall be added the words "or in paragraph 11".
154. In paragraph 194. 2 the word "offences" shall be replaced by
"offence".
155. Article 194, paragraph 5 shall be deleted.
156. In section 199, paragraph 1 reads:
"(1) the Ministry shall issue a decree under section 115, paragraph. 5. ".
157. In section 199, paragraph. 2 the words "§ 11 (1). 4 the ", the words" § 118 paragraph.
7 "and the words" section, paragraph 119. 4 "are deleted.
158. In section 199, the following paragraph 4 is added:
"(4) the Government Regulation sets limits in the euro for the purposes of § 35 paragraph. 2
(a). (c)), and (d)), § 36 odst. 2, § 36 g of paragraph 1. paragraph 5, section 119c. 1 (a). b), §
paragraph 120. 2 and section 127c paragraph. 4 according to the legal act of the Council and the European
Parliament or the European Commission. ".
Article. (IV)
Transitional provisions
1. Listing particulars approved or published prior to the date
the effectiveness of this law shall be considered as listing particulars
approved under section 36 c of Act No. 256/2004 Coll., as amended, effective from the date of
the entry into force of this law.
2. the procedure for application for the approval of the prospectus or supplement a prospectus
initiated before the date of entry into force of this Act and before that date
been completed by the executor of the existing legislation. In
proceedings of the appendix to the prospectus being approved before the date of entry into force of
This Act shall proceed according to the existing legislation.
3. To 30. June 2021, § 118 paragraph. paragraph 1, § 119c. 1 (a). (b)), section 120 c
paragraph. 2 and section 127c paragraph. 4 Act No. 256/2004 Coll., as amended effective from
date of entry into force of this Act, apply to the issuer
investment securities whose nominal value corresponds to the date
emissions amount to at least EUR 50 000, in the case of securities which
they were issued before the date of entry into force of this Act.
PART THE THIRD
Amendment of the Act on private and procedural international law
Article. In
Act No. 97/1963 Coll. on international private and procedural law in
amended by law No 158/1969 Coll., Act No. 234/1992 Coll., Act No.
264/1992 Coll., Act No. 125/2002 Coll., Act No. 37/2004 Coll., Act No.
257/2004 Coll., Act No. 361/2004 Coll., Act No. 377/2005 Coll., Act No.
57/2006 Coll., Act No. 70/2006 Coll., Act No. 233/2006 Coll., Act No.
296/2007 Coll., Act No. 123/2008 Coll., Act No. 7/2009 Coll. and Act No.
409/2010 Coll., shall be amended as follows:
1. In section 11 c of paragraph 1. 9, the word "framework" following the word "European".
2. In section 11 d of paragraph 1. 6, after the words "persons on" the word "European" shall be inserted.
PART THE FOURTH
To change the code of civil procedure
Article. (VI)
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975
Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., the Act No. 152/1994
Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., the finding of the Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the finding of the Constitutional Court declared under no 269/1996 Coll.,
Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.
Act No. 91/1998 Coll., Act No. 165/1998 Coll., the Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the finding of the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
271/2001 Coll., the finding of the Constitutional Court declared under no. 276/2001 Coll.
Act No 317/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 151/2002 Coll., Act No. 202/2002 Coll., Act No. 227/2002 Sb.
Act No. 320/2002 Coll., the finding of the Constitutional Court declared under no.
476/2002 Coll., Act No. 88/2003 Coll., Act No. 120/2004 Coll., the award
The Constitutional Court declared under no 153/2004 Coll., Act No. 237/2004
Coll., Act No. 257/2004 Coll., the Act No. 340/2004 Coll., Act No. 436/2004
Coll., Act No. 501/2004 Coll., Act No. 554/2004 Coll., Act No. 555/2004
Coll., Act No. 628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005
Coll., Act No. 205/2005 Coll., the Act No. 216/2005 Coll., Act No. 342/2005
Coll., Act No. 377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005
Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006
Coll., Act No. 112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006
Coll., Act No. 133/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006
Coll., Act No. 189/2006 Coll., the Act No. 216/2006 Coll., Act No. 233/2006
Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll., Act No. 308/2006
Coll., Act No. 315/2006 Coll., Act No. 296/2007 Coll., Act No. 104/2008
Coll., Act No. 123/2008 Coll., Act No. 126/2008 Coll., Act No. 129/2008
Coll., Act No. 259/2008, Coll., Act No. 274/2008 Coll., Act No. 305/2008
Coll., Act No. 384/2008 Coll., Act No. 7/2009 Coll., Act No. 198/2009
Coll., Act No. 218/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009
Coll., Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 420/2009
Coll., the finding of the Constitutional Court declared under no 48/2010 Coll., Act No.
347/2010 Coll. and Act No. 409/2010 Coll., shall be amended as follows:
1. In section 87, paragraph. 1 (d)):
"(d)) is a person who organizes, operates a regulated market or
the multilateral trading system, in the case of a dispute of trade
1. on her organized regulated market, or from the settlement of this
trade, or
2. in the multilateral trading system operated by it, or from the settlement
This trade. "
2. In section 87, paragraph. 1 (a). (f)), after the words "registered office" following the word "commodity"
and the word "trading" shall be replaced by the words "trade on commodity
the stock exchange ".
3. In section 328, paragraph. 1 (a). (b)), the words "listed investment tools"
replaced by the words "the investment instrument admitted to trading on a
^ regulated European market 101) ".
Footnote No. 101:
"101) § 55 paragraph. 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb. ".
PART THE FIFTH
cancelled
Article. (VII)
cancelled
PART SIX
Amendment of the Act on accounting
Article. (VIII)
Act No. 563/1991 Coll., on accounting, as amended by law No 117/1994 Coll.
Act No. 227/1997 Coll., Act No. 492/2000 Coll., Act No. 353/2001 Coll.
law no 575/2002 Coll., Act No. 437/2003 Coll., Act No. 257/2004 Coll.
Act No. 669/2004 Coll., Act No. 179/2005 Coll., Act No. 495/2005 Coll.
Act No. 57/2006 Coll., Act No. 81/2006 Coll., Act No. 230/2006 Coll.
Act No. 264/2006 Coll., Act No. 69/2007 Coll., the Act No. 261/2007 Coll.
Act No. 296/2007 Coll., Act No. 348/2007 Coll., Act No. 126/2008 Coll.,
Act No 304/2008 Coll., Act No. 227/2009 Coll., Act No. 230/2009 Sb.
and Act No 410/2010 Coll., shall be amended as follows:
1. In article 19a, paragraph. 1 the words "regulated market established in the Member
State of the European Union "shall be replaced by the words" the European regulated market ^ 36) ".
Footnote No. 36:
"section 55, paragraph 36). 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb. ".
2. In article 19a, paragraph. 2 and 6, § 22a paragraph. 2 and Article 23a, paragraph. 1, after the word "on"
the word "European" shall be inserted.
3. In article 19a, paragraph. 2, 3, 5 and 6 and Article 23a, paragraph. 1, the words ' established in the
Member State of the European Union "shall be deleted.
4. In article 19a, paragraph. 3 and 5, after the word "from" is inserted after the word "European".
5. In article 19a, paragraph. 5, after the words "trading on Word
"European".
6. In Article 22a, paragraph. 2 the words "securities based in the Member State of
The European Union "shall be deleted.
7. In section 27. 5 the first sentence, the words "domestic or foreign stock exchange
or on another regulated market ' shall be replaced by the words "the European regulated
market or the foreign market similar to the regulated market ".
8. In section 27. 5 the third sentence, the words "domestic stock exchange"
replaced by the words "regulated market", the word "closing" shall be replaced by
the word "final" and the words "stock exchange" shall be replaced by the words
"regulated market".
9. In section 27. 5 of the fourth sentence, the words "on the domestic stock exchange
and is officially listed on foreign stock exchanges "are replaced by
the words "admitted to trading on a regulated market and is admitted to the
trading on a foreign regulated market or on a foreign market
similar to the regulated market ", the word" closing "shall be replaced by the word
"final" and the words "approved the foreign stock markets
"shall be replaced by the words" foreign regulated markets, or on the
foreign markets similar to the regulated market ".
10. In section 27. 5, the fifth sentence deleted.
PART SEVEN
Amendment of the Act on general health insurance company in the Czech Republic
Article. (IX)
In section 7 (2). 1 (a). (b)) of Act No. 551/1991 Coll., on general health
the insurance company of the Czech Republic, as amended by law No. 60/1995 Coll., Act No.
149/1996 Coll., Act No. 438/2004 Coll. and Act No. 261/2007 Coll., the words
"the stock exchange" shall be replaced by the words "regulated market" ^ 10). "
Footnote 10 is added:
"section 55, paragraph 10). 1 of Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. ".
PART EIGHT
Amendment of the Act on banks
Article. X
Act No. 21/1992 Coll., on banks, as amended by Act No 264/1992 Coll.,
Act No. 292/1993 Coll., Act No. 156/1994 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. 127/1998 Coll., Act No. 165/1998 Coll.
Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 319/2001 Coll.
Act No. 126/2002 Coll., Act No. 453/2003 Coll., Act No. 257/2004 Coll.
Law No 439/2004 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.
Act No. 120/2007 Coll., Act No. 296/2007 Coll., Act No. 126/2008 Coll.,
the Act No. 216/2008 Coll., Act No. 230/2008 Coll., Act No. 254/2008 Coll.,
Act No. 433/2008 Coll., Act No. 215/2009 Coll., Act No. 227/2009 Sb.
law no 230/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Sb.
law no 287/2009 Coll., Act No. 156/2010 Coll., Act No. 160/2010 Sb.
Act No. 409/2010 Coll. and Act No. 41/2011 Coll., is hereby amended as follows:
1. In § 11a paragraph. 4 (b). (b)), the word "listed" be deleted and the end of the
the text of the letter with the words "are admitted to trading on the European
regulated market ^ 15) ".
Footnote 15:
"section 55, paragraph 15). 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb. ".
2. In section 26bb paragraph 1 reads:
"(1) the Czech National Bank will issue measures of a general nature referred to in paragraph 2,
and if threatened) is the stability of the banking or financial system, and if
It is advisable to remove this threat, or
(b)) or the financial stability of the banking system was
impaired, if it is to mitigate the effects of this disruption appropriate. ".
3. In section 26bb of paragraphs 3 and 4 are added:
"(3) the measures of a general nature shall be issued without the control of the draft measures
of a general nature. Measures of a general nature shall enter into force on the date of publication of the
on the notice board of the Czech National Bank; publication on the official Board of another
the Office is not required. If nepozbylo the effectiveness of earlier measures shall cease to
the general nature of the effectiveness of the expiry of 6 months from the date of acquisition of the
efficiency.
(4) Persons whose rights, duties, or legitimate interests may be
measures of a general character issued by the Czech National Bank, are
only banks or branches of foreign banks. These persons are entitled to
to appeal against the measures by a written reasoned objections within a period of 5
working days from the date of its publication. Lodged objections do not have suspensory
effect. About submitted objections, decides against the Czech National Bank,
such a decision could not be appealed. ".
PART NINE
The amendment to the law on departmental, sectoral, Enterprise and other health
insurance companies
Article. XI
In § 18 paragraph. 1 law No. 280/1992 Coll., on the departmental, branch,
corporate and other health insurance companies, in the wording of Act No.
60/1995 Coll., Act No. 145/1996 Coll. and Act No. 438/2004 Coll., the words
"the stock exchange" shall be replaced by the words "regulated market" ^ 22) ".
Footnote No 22:
"section 55, paragraph 22). 1 of Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. ".
PART TEN
Amendment of the Act on income taxes
Article. XII
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., the Act No. 96/1993 Coll., Act No. 156/1993 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. 111/1998 Coll., Act No. 149/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 170/1999
Coll., Act No. 222/1999 Coll., the finding of the Constitutional Court declared under 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. 115/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 453/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
308/2002 Coll., Act No. 575/2002 Coll., Act No. 162/2003 Coll., Act No.
362/2003 Coll., Act No. 438/2003 Coll., Act No. 19/2004 Coll., Act No.
47/2004 Coll., Act No. 49/2004 Coll., Act No. 257/2004 Coll., Act No.
280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.
436/2004 Coll., Act No. 562/2004 Coll., Act No. 628/2004 Coll., Act No.
669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 342/2005 Coll., Act No. 357/2005 Coll., Act No.
441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.
552/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
109/2006 Coll., Act No. 112/2006 Coll., Act No. 179/2006 Coll., Act No.
189/2006 Coll., Act No. 203/2006 Coll., Act No. 223/2006 Coll., Act No.
245/2006 Coll., Act No. 264/2006 Coll., Act No. 267/2006 Coll., Act No.
29/2007 Coll., Act No. 67/2007 Coll., Act No. 159/2007 Coll., Act No.
261/2007 Coll., Act No. 296/2007 Coll., Act No. 362/2007 Coll., Act No.
126/2008 Coll., Act No. 306/2008 Coll., Act No. 482/2008 Coll., Act No.
2/2009 Coll., Act No. 87/2009 Coll., the Act No. 216/2009 Coll., Act No.
221/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
289/2009 Coll., Act No. 303/2009 Coll., Act No. 304/2009 Coll., Act No.
326/2009 Coll., Act No. 362/2009 Coll., Act No. 199/2010 Coll., Act No.
346/2010 Coll. and Act No. 348/2010 Coll., shall be amended as follows:
1. In section 4, paragraph 4. 1 (a). ZD), the words "domestic or foreign
public market ' shall be replaced by the words "the European regulated market or on
foreign market similar to the regulated market ".
2. In section 17(2). 1 the words "and also" be deleted and the word "prescription" ^ 30b)
the words "and mutual funds".
3. In article 17, paragraph 3 shall be added at the end of the phrase "subject to the mutual
the Fund supervision of the Czech National Bank, it is considered that the mutual fund has to
the territory of the Czech Republic. ".
4. In article 20, paragraph 3:
"(3) if the transfer of the mutual fund to the management of other
the investment company, the investment company that converts
a mutual fund is obliged to notify this change to the tax within 30 days from the
the day when it happened. ".
5. In section 20a of the introductory part, the words "and of the provisions of section 20 (2). 8 "shall be deleted.
6. In section 20a (e). and the word "), after the words" attributable to "on the part of the
the reporting period "and the word" regulation "," ^ 19 d) shall be replaced by the word
"prescription ^ 16)".
7. In section 20a, the last sentence shall be deleted.
8. In § 21. 2 (a). (b)), the words "pursuant to section 20 (2). 3 "shall be replaced by
the words "of the items referred to in section 34".
9. In § 21. 5, the words "activities, ^ 19 d)" shall be replaced by the words
"he changed the course of business activity, and as the investment fund ^ 16)"
and the last sentence shall be deleted.
10. In section 25, paragraph. 3 the words "stock exchange ^ 28a)" shall be replaced by the words
"the organizer of the regulated market."
11. the footnote No. 28a shall be deleted.
12. In § 36 odst. 2 at the end of the letter) is replaced by a comma in the dot and
following is the letter w), which read:
"w) from the revenues accruing to individuals from a share of the revenue from the 16 ^ ^)
management of the assets in the mutual fund, which was paid to the shareholders of
regardless of the result of a mutual fund. ".
13. In § 36 odst. 3, the fourth sentence is inserted after the phrase "income tax
levied by special rate shall be rounded down to the whole of the Crown ".
14. In section 36, at the end of paragraph 4, the following sentence "For dividend income
of the participation certificates shall not share in revenues from management ^ 16) with
assets in the mutual fund, which was paid to the shareholders, regardless of the
the result of the management of a mutual fund. ".
15. In section 38d paragraph. 3, the third sentence shall be inserted the phrase "tax administrator may
tax payer on the basis of his application to exempt in justified cases
the obligation to report ".
16. In section 38fa paragraph. 1 (a). and (3)) the number "40" is replaced by
"25".
17. In paragraph 38 m. 2 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following points (e) and (f))) are added:
"(e)) for the period prior to the reference date fusion or merger
mutual funds or mutual fund and foreign Fund
The CIU, which has not yet filed a tax return,
If this is not the day before the decisive day of the last day of the calendar year
or marketing year the investment company, which enveloped or
merged the Fund manages,
(f)) for the period from the vesting date of amalgamation or merger of mutual funds
or mutual fund and foreign collective investment fund in
the end of the calendar year or the marketing of the successor
the Fund managers, if not a decisive day on the first day of the calendar
year or year of the successor Fund of economic managers. ".
18. In paragraph 38 m. 3 of the introductory part of the provision, the word "end" is inserted
the word "third".
19. In paragraph 38 m. 3 at the end of subparagraph (d)) shall be replaced by a comma and dot
the following points (e) and (f))) are added:
"e) of the preceding reference date fusion or merger of mutual
funds or mutual fund and foreign Fund of collective
investing,
(f)) which is the last day of the calendar year or the marketing year,
If it is not the decisive day of the interweaving or merging mutual funds or
mutual fund and foreign collective investment fund of the first
on the day of the calendar year or the marketing of the successor
managers of the Fund. ".
20. In paragraph 38 m. 5, the first sentence shall be replaced by the phrase "Investment
the company, which manages mutual funds, is required to submit as
an integral part of the tax return and tax returns for each of the
mutual funds ".
21. In the second subparagraph of section 38 m. 5 the last sentence, the words "with the differences, of which expenditure
(the cost of) prepared pursuant to § 23 of the excess income adjusted under section 23,
reported by individual mutual funds ' shall be replaced by the words "with the tax
losses of individual mutual funds ".
22. In section 38 m, the following paragraph 9 is added:
"(9) if the merger or consolidation of mutual funds or
mutual fund and foreign collective investment fund,
passes the tax obligation for discontinuing a mutual fund on the newly emerging
or receiving a mutual fund or foreign Fund of collective
investing. The rights and obligations of the defunct mutual fund shall exercise the
the successor obhospodařovatel Fund. The successor to maturity
the Fund for the purposes of this Act, means the
and) investment company, which manages the newly established or
transposing a mutual fund or foreign Fund of collective
investing,
(b)) of the foreign investment company, which manages the newly established
or receiving a mutual fund or foreign Fund of collective
investment, or
(c)) the newly established or receiving foreign Fund of collective
the investment, which is not managed in an investment company, or
foreign investment company ".
23. In paragraph § 38n. 1, the last sentence shall be replaced by the phrase "for the investment
the company, which manages mutual funds, the tax loss
provides separately for the investment company and separately for each
mutual funds ".
24. In the section at the end of paragraph 38n 1 added the phrase "tax loss
mutual fund can be applied even in cases where the transfer of the
mutual fund to another investment company or to transform
the investment company. ".
25. § 38o:
"§ 38o
(1) the rights and obligations of mutual fund to manage the tax performs
an investment company that manages him. If in the course of the
the tax period or the period for which a tax return is served, to the
mutual fund transfer to other investment management
the company shall exercise the rights and obligations of transferred mutual fund
the investment company, which manages a mutual fund to the last
the date of the reporting period or the period for which a tax return is served.
(2) a foreign investment company, which manages the investment
the Fund, the determination of the tax base, tax, tax losses
mutual fund and in the management of the tax as investment
the company ".
26. In paragraph 38 trailer. 2, the words "or in converting the investment fund
the defunct without winding up on an open mutual fund ' shall be deleted.
Article. XIII
Transitional provisions
1. the provisions of section 17(2). 1 and 3, § 20. 3, § 21. 2 (a). b), §
38fa paragraph. 1 (a). and, § 3), paragraph 38 m. 5, § 38n paragraph. 1 and § 38o
Act No. 586/1992 Coll., as amended, effective from the date of entry into force of
This Act shall apply for the first time for the tax period, which began in the
the year 2011.
2. the difference of that expenditure (costs), modified by Act No. 586/1992
Coll., as amended, effective the date of the entry into force of this law, in excess of the
income adjusted pursuant to Act No. 586/1992 Coll., as amended, effective the day
the entry into force of this law, and which has not reduced the tax base
mutual fund by the end of the reporting period, which began in
2010, you can reduce the tax base in a mutual fund for a maximum of 5 tax
the following periods immediately after the period for which it was
This difference is recorded, similarly as in the application of the tax assessed
the losses.
3. The provisions of section 38fa paragraph. 1 (a). and section 3) of Act No. 586/1992 Coll., on the
the texts of the effective date of the entry into force of this law, shall apply for the first time
for the tax period, which began in the year 2011.
PART ELEVEN
Amendment of the Act on supplementary pension insurance with State contribution
Article. XIV
Act No. 42/1994 Coll. on supplementary pension insurance with State contribution and
about changes to certain laws related to its introduction, in the text of the
Act No. 61/1996 Coll., Act No. 15/1998 Coll., Act No. 167/1999 Coll.,
Act No. 353/2001 Coll., Act No. 309/2002 Coll., Act No. 36/2004 Coll.
Act No. 237/2004 Coll., Act No. 257/2004 Coll., Act No. 377/2005 Coll.
Act No 444/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll.
Law No 26/2008 Coll., Act No. 124/2008 Coll., Act No. 126/2008 Coll.,
Act No. 254/2008 Coll., Act No. 306/2008 Coll., Act No. 227/2009 Sb.
law no 230/2009 Coll., Act No. 160/2010 Coll., Act No. 199/2010 Sb.
and Act No. 409/2010 Coll., shall be amended as follows:
1. In section 7 (2). 3 (b)), and (c)):
"(b) the authorities of another) the members of the Pension Fund, insurance company ^ 1 c), banks,
persons authorised to provide investment services, the members of the authorities
the organizer of the regulated market and the members of the organs of the Fund ^ 3) and
investment companies ^ 3a); It does not apply to members of the organs of people with
which Pension Fund make up the group,
(c)) to the employee a pension fund, the depositary, organizer
of the regulated market, central depository ^ 4) and persons, which
securities dealer performs its activities ".
2. Footnote 2 shall be deleted.
3. In article 7 (2). 3 (b). (d)), the words "special legislation"
shall be replaced by the word "Act".
4. In section 33, paragraph. 2 (a). (d)), the words "which are traded on the
regulated market ' shall be replaced by the words "are admitted to trading on the European
regulated market or foreign markets similar to the regulated market ^ 15) ".
Footnote 15:
"section 55, paragraph 15). 3 of Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb. ".
5. In section 33, paragraph. 7, the word "public" shall be replaced by the words "the European
regulated "and the words" regulated markets "are replaced by the words
"foreign market similar to the regulated market".
PART OF THE TWELFTH
Amendment of the Act on the valuation of assets
Article. XV
Act No. 151/1997 Coll., on the valuation of the assets and on the amendment of certain laws
(law on the valuation of assets), as amended by Act No. 121/2000 Coll., Act No.
237/2004 Coll., Act No. 257/2004 Coll. and Act No. 296/2007 Coll., amended
as follows:
1. § 19 including title and footnote No. 19 and 20 read as follows:
"§ 19
The valuation of securities traded on a regulated market, foreign
regulated market or foreign markets similar to the regulated market
(1) securities
and domestic or foreign), traded on a regulated market ^ 19)
valued at the final exchange rate published by the regulated market on the day of the awards,
and if the
1. on the day of the awards was not a security traded on a regulated market,
appreciate the last final exchange rate published by the regulated market in
period prior to 30 days before the date of the award,
2. not a security traded on the regulated market, on the day of the award and
not traded on this market, even in the previous 30 days
before the date of the award, will appreciate the lowest achieved the final rate
published in the same intermediate period on another transfer spot in the Czech
Republic,
(b)), domestic or foreign, traded only on foreign
regulated market ^ 20) or the foreign market similar to the regulated market
will appreciate, if a valuable paper
1. is traded on a foreign regulated market or the foreign market
similar to a regulated market in the State of the registered office of the issuer, the final exchange rate
published on the market on the date of valuation, and if not available, will appreciate the
the last time the final rate published on this market in the period
referred to in point (a)),
2. not traded on a foreign regulated market or the foreign market
similar to a regulated market in the State of the registered office of the issuer, the last
the final exchange rate published by the foreign regulated market or
foreign market similar to a regulated market in the period referred to in subparagraph (a)
and) in the State in which it has a security admitted to trading on the
the market; If it was the same day declared the course on the market in more States,
appreciate the lowest published the final rate.
(2) when the procedure referred to in paragraph 1 (b). (b)), point 2 shall apply as a priority
the rate announced by the Ministry of finance markets intended measures after
the agreement with the Czech National Bank. Rate securities in foreign currency
the foreign exchange market rate recalculates the Czech National Bank prevailing on the date of
Awards. For the conversion of currencies that are not listed in the ticket exchange
The Czech National Bank, the rate of the u.s. dollar to this currency
announced by the Central Bank of the State with this currency.
(3) if the rate of the security referred to in paragraph 1 has been declared in the
during the 30 days before the date of the award at any market, appreciated the valuable paper
pursuant to section 20.
section 55, paragraph 19). 1 of Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Sb.
section 55, paragraph 20). 3 of Act No. 256/2004 Coll., as amended by Act No. 230/2008
Coll. and Act No. 188/2011 Sb. ".
2. Footnote 21 is deleted.
3. the title of section 20 reads: "the valuation of securities not dealt in on
the European regulated market or foreign markets similar to the regulated
market and the securities admitted to trading on these markets ".
4. In section 20 (2). Part 1 introductory provisions:
"Securities that are not traded on a regulated European market
even on the foreign market similar to the regulated market and securities
not admitted to trading on these markets, are valued
as follows: ".
PART THIRTEEN
cancelled
Article. XVI
cancelled
PART OF THE FOURTEENTH
The amendment to the law on supervision in the field of capital market
Article. XVII
Law No. 15/1998 Coll., on surveillance in the capital market and amending and
supplement other laws, as amended by Act No. 30/2000 Coll., Act No.
362/2000 Coll., Act No. 370/2000 Coll., Act No. 308/2002 Coll., Act No.
309/2002 Coll., Act No. 257/2004 Coll., Act No. 626/2004 Coll., Act No.
381/2005 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll., Act No.
70/2006 Coll., Act No. 224/2006 Coll., Act No. 324/2006 Coll., Act No.
296/2007 Coll., Act No. 104/2008 Coll., Act No. 230/2008 Coll., Act No.
250/2008 Coll., Act No. 254/2008 Coll., Act No. 227/2009 Coll., Act No.
230/2009 Coll., Act No. 281/2009 Coll. and Act No. 160/2010 Coll., shall be amended
as follows:
1. In section 6 (1). 3, the words ", or the Stock Exchange Chamber under the Special
the law ^ 24e) "are deleted.
2. Footnote. 24e is hereby repealed.
3. In section 13 (3). 1 (a). k), the words "special legislation"
shall be replaced by the word "Act".
4. In section 13 (3). 1 (a). n) and section 13 (3). 2 (a). (b) the words "the Commission")
Of the European communities "shall be replaced by ' European Commission '.
5. In section 13 (3). 1 the letter r) reads:
"r) foreign markets similar to the regulated market".
6. In section 13 (3). 1 (a). in), the words "Commission of the European communities"
shall be replaced by "European Commission".
7. In section 13 (3). 1 (a). ZB zc)) and the word "listed" is deleted and
the word "shares" shall be inserted after the words "are admitted to trading on a regulated
the market ".
8. In section 13 (3). 2 (a). and the words ") of regulated markets is headquartered in
Member State of the European Union, "shall be replaced by the words" regulated European
the markets ".
9. In article 13, the following paragraph 4 is added:
"(4) the Czech National Bank publishes and regularly updates the way
enabling remote access in the Czech and English language list of legal
the rules governing the capital market business area,
collective investments, bonds, company law in
the capital market and the placement of funds of pension
funds, and the official communication from the Czech National Bank to them. ".
PART FIFTEEN
Change the enforcement order
Article. XVIII
In § 33 paragraph. 3 of the law No 120/2001 Coll., on judicial executors and
enforcement activities (procedure) and amending other laws, as amended by
Act No. 360/2003 Coll., Act No. 257/2004 Coll. and Act No. 286/2009
Coll., the words "and the stock exchange" shall be replaced by the words "the Organizer
regulated market ^ 27) ".
Footnote 27 is added:
"§ 37, paragraph 27). 1 of Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. ".
PART SIXTEEN
Amendment of the Act on the protection of competition
Article. XIX
In § 18 paragraph. 2 of the Act No. 143/2001 Coll., on the protection of economic competition,
as amended by Act No. 340/2004 Coll. and Act No. 361/2005 Coll., the word
"the public" shall be deleted and the words "quoted securities" shall be replaced by
the words "securities admitted to trading on a regulated European
market ^ 19) ".
Footnote 19 is added:
"section 55, paragraph 19). 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb. ".
PART SEVENTEEN:
Amendment of the Act on administrative fees
Article. XX
In part IV of the annex to the Act No 634/2004 Coll., on administrative fees,
the text of Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No.
361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll., Act No.
553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.
138/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.
186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No.
227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.
575/2006 Coll., Act No. 106/2007 Coll., the Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.
38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.
182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.
239/2008 Coll., Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act No.
297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.
312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.
141/2009 Coll., Act No. 197/2009 Coll., Act No. 206/2009 Coll., Act No.
227/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No.
301/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Coll., Act No.
132/2010 Coll., Act No. 148/2010 Coll., Act No. 153/2010 Coll., Act No.
160/2010 Coll., Act No. 343/2010 Coll., Act No. 427/2010 Coll. and act
No 30/2011 Coll. items 65 and 66:
"Item 65
1. acceptance of applications for the granting of
Bank banking license) based on
the territory of the Czech Republic Czk 200 000
(b) the banking licence of foreign bank),
based in a non-member
State of the European Union, which it intends to
establish a branch within the territory of
The Czech Republic is CZK 200 000
(c) permission to carry insurance)
the activities of domestic insurance company
or reinsurance activities, domestic
reinsurance undertaking Czk 200 000
d) permission to carry insurance
the activities of the insurance undertaking from a third State
on the territory of the Czech Republic on the basis of the
the rights to establish their branch Czk 200 000
e) permission to carry the lock
the activities of a reinsurance undertaking from a third State
on the territory of the Czech Republic on the basis of the
the rights to establish their branch Czk 200 000
2. Receipt of the application for authorisation
and) credit rating agencies, which has its registered office
on the territory of the Czech Republic Czk 200 000
(b)) to the activities of the central depository Czk 200 000
(c)) to the activities of the brokerage house
Czk 100 000 papers
(d)) to the provision of investment services
in the Czech Republic through the
organizational folder foreign persons,
which has its registered office in a State which is not
Member State of the European Union Eur 100 000
(e)) to the activities of the Organizer
Czk 100 000 of the regulated market
(f)) for the operation of the settlement
of Czk 100 000
(g)) to the activities of investment companies
or to the activities of the investment fund of CZK 100 000
(h)) to the operation of the payment system
with the finality of settlement Czk 100 000
I) to the emergence and business savings
and credit cooperatives Czk 100 000
(j)) to the emergence and the activities of the pension
the Fund is CZK 100 000
to the activities of payment institutions) $ 50 000
l) to the activities of the institution of electronic
money of CZK 50 000
3. Receipt of the application for registration
and the insurance provider) Czk 10 000
(b)) a separate insurance liquidator
Czk 10 000 events
(c)) of the investment intermediary Czk 10 000
(d) the payment service provider)
a small range of Czk 10 000
(e)), the Publisher of the electronic money
a small range of Czk 10 000
(f) foreign exchange activities) $ 10 000
4. Receipt of the application for authorisation
to the activity of the processor,
domestic notes and coins Czk 10 000
5. The adoption of the amendment request
the banking license of the Bank) established
on the territory of the Czech Republic Eur 70 000
(b) the banking licence of the branch)
foreign banks established
in another Member State than the Eur 70 000
(c) the extent of the permitted activities)
domestic insurance or reinsurance undertakings Eur 70 000
(d) the extent of the permitted activities)
branches of insurance or reinsurance undertakings
from a third State $ 70 000
e) authorization of the Central
the depositary $ 70 000
(f) activities of the trader's permit)
with $ 35 000 securities
(g)) the authorisation to provide investment
services in the Czech Republic
through the organizational folder
foreign persons, which has its registered office
in a State which is not a Member State of the
The European Union Eur 35 000
(h) authorization of the Organizer)
regulated market to 35 000 Czk
6. Receipt of the application for approval of changes to the
the rules of the settlement system 35 000 Czk
7. The adoption of the amendment request
and investment activities permit)
the company's $ 35 000
(b)) rules of the payment system
with the finality of settlement $ 35 000
(c) the activities of the country permit)
and credit cooperatives 35 000 Czk
(d) the registration of the payment provider)
the services of a small range of Czk 5 000
(e) the Publisher of the electronic registration)
money of CZK 5 000 small scale
f) authorised payment institution Czk 20 000
g) authorised electronic money institutions Czk 20 000
8. Receipt of the application
and approval of the transfer of the insurance premium)
the tribe or its parts to Czk 20 000
(b) on approval of transfer)
reinsurance contracts or parts of 20 000 Czk
(c) the transfer of the authorization management)
mutual fund to the management
another investment company Czk 20 000
(d)) to grant consent management
the assets of the branch of a reinsurance undertaking from a third
the State as the principal on the account
specifically set up by Czk 20 000
Item 66
1. acceptance of applications for the granting of
and prior informed consent to the acquisition)
or increase of qualifying holding
to the Bank or to have become
the persons controlling the Bank Czk 20 000
(b)) with the prior consent of the acquisition
qualifying holding or increase
participation in domestic insurance undertaking or
her mastery of the Czk 20 000
(c)) with the prior consent of the acquisition
qualifying holding or increase
participation in the domestic reinsurance undertaking, or
her mastery of the Czk 20 000
d) prior consent to the acquisition of
or increase of qualifying holding
the organizer of the regulated market
or to become persons
the controlling of the Organizer
regulated market Czk 20 000
e) prior consent to the acquisition of
or increase of qualifying holding
the securities dealer
or to become persons
the controlling stock trader
papers Czk 20 000
(f) prior informed consent to the acquisition)
or increase of qualifying holding
on the Central Depositary or
to do so, to become parties
controlling the Central Depositary Czk 20 000
g) prior consent to the acquisition of
or increase of qualifying holding
the investment company, or
Investment Fund or
to become the controlling persons
the investment company, or
Investment Fund Czk 20 000
h) prior consent to the acquisition of
or increase of qualifying holding
on savings and the úvěrním team
or to become persons
controlling savings and credit
the cooperative $ 20 000
2. acceptance of applications for the granting of
and the prior consent of the change)
in the person of a member of the statutory or
the supervisory authority or person
authorized domestic insurance companies
or reinsurance undertaking Czk 5 000
(b)), the prior consent of the change
in the person of the head of the branch
insurance or reinsurance undertaking
from a third State Czk 5 000
(c)) prior consent to the exercise of
leading the charge of the Organizer features
regulated market Czk 5 000
d) prior consent to the exercise of
features the head of the person of the trader
of securities of CZK 5 000
e) prior consent to the exercise of
the head of the organizational features of the person
the folder foreign persons, who
provides investment services on the territory of the
The Czech Republic, which has its registered office
in a State which is not a Member State of the
The European Union is Czk 5 000
(f)) prior consent to the exercise of
the head of the person of the central function
Depositary Czk 5 000
g) prior consent to the exercise of
the head of the person of the investment function
company or investment fund of Czk 5 000
h) prior consent to the exercise of
the head of the person of the financial function
holding persons Czk 5 000
3. Receipt of the application for approval of a
and the person in the management of insurance)
holding persons Czk 5 000
(b) persons in the leadership of the country)
and credit cooperatives Czk 5 000
(c) persons in bodies) Pension Fund, Czk 5 000
4. acceptance of applications for the granting of
and the Bank's consent to the closure) of the Treaty,
on the basis of experience
to any available with the enterprise
or parts of 20 000 Czk
(b)) the consent to the merger or Division
Bank or transfer of assets to the Bank
as a companion to CZK 20 000
(c) consent to the reduction of the Basic)
capital of the Bank or to cover the loss of Czk 20 000
d) prior consent to transform the
domestic insurance undertaking or
domestic reinsurance Czk 20 000
5. Receipt of the application for authorisation
and) the merger or Division of the investment
the company's $ 20 000
(b)) to the merger or Division of the investment
the Fund is CZK 20 000
(c)) to the merger, the Division or to change the
the legal form or to transfer the
assets trader
securities to its shareholders
or partnership or to transfer the
the assets of other persons on the merchant's
of securities of CZK 20 000
(d)) to the merger, Division or transfer
asset Organizer
of the regulated market on its
Companion or to change the legal
form or to transfer a business
the assets of the organizer of the regulated
the market on its shareholder or
partnership or to transfer the
assets of another person
the organizer of the regulated market to Czk 20 000
(e)) to the Division or merger of the operator
the settlement of 20 000 Czk
(f)) for the merger of the Central Depositary
with the settlement
system or to a transfer of assets
the other person on the central depository Czk 20 000
6. Receipt of the application for the grant of
and consent to) the merger or Division
the savings and credit cooperatives Czk 20 000
(b) consent to the conclusion of the contract),
on the basis of experiencing any
available with the undertaking or its part
the savings and credit cooperatives Czk 20 000
(c) consent to the transfer of the Member)
rights of the member savings and credit
the cooperative $ 20 000
(d) the consent with the decision of the Member)
meetings on the reduction of the amount of the basic
a member of the savings deposit
and credit cooperatives Czk 20 000
7. Receipt of the application
and) for permission to merger pursuant to § 100
the law governing collective
the investment of Czk 20 000
(b)) for permission to merge under section 100 k
the law governing collective
the investment of Czk 20 000
(c)) on the consent to transfer
shares of the Pension Fund to the extent
more than 10% of the capital
the Pension Fund is CZK 20 000
(d)) for authorization to the Division or merger
pension funds $ 20 000
8. Receipt of the application
and) for permission to create a mutual
the Fund is CZK 30 000
(b)) to the activities of the investment
the Fund, whose assets will be
maintained on the basis of the Treaty
about the asset management
Investment Fund Czk 30 000
(c) the approval of an amendment of the Statute)
Investment Fund or
mutual fund Czk 10 000
(d) the approval of an amendment of the Statute)
pension plan and pension fund, Czk 10 000
(e)) for permission to public bidding
securities issued by
Foreign Special Fund
on the territory of the Czech Republic Czk 50 000
(f) the amendment of the authorisation for) public
offering of securities issued by
Foreign Special Fund
on the territory of the Czech Republic Czk 50 000
(g) approval or Amendment) auction
order of auction of securities of CZK 3 000
(h)) on the approval of amendments to the depositary
Investment Fund or
mutual fund Czk 5 000
I) for approval of changes to the depositary
Pension Fund, Czk 5 000
(j)) on the issue of the certificate of the Middle
or higher qualification level
professional competence of CZK 1 000
to grant time-limited) concerning the consent of the
insurance or reinsurance undertaking
to increase the limits for individual
financial items, Czk 5 000 songs
9. Receipt of the application
and approval of the prospectus) of the security
paper or issue conditions
a bond or bond
the program, including the combined
Czk 10 000 applications
(b) the approval of the prospectus) of the Appendix
security, or for
bond program or changes
the bond issue conditions Czk 5 000
(c)) for authorization to a narrowing of the prospectus
the securities of CZK 5 000
(d)) to grant consent to the publication of
an invitation to tender document required
takeover bids $ 5 000
e) to grant consent to the publication of
tender document for implementation of the
additional tender duties 3 000 Czk
(f)) to defer the implementation of the obligations of the
to publish information on the decision
make a bid acceptance or
of tender obligations of Czk 1 000
(g)) of the extension of the deadline for the submission of
design of tender document Czk 1 000
(h)) on the extension of the deadline for the publication of the
an invitation to tender document Czk 1 000
I) for approval of an extension of time
binding takeover bids $ 1 000
j) for authorization exceptions from the prohibition, do
legal acts seeking to contract
acquisition or disposal of participating
securities of the offeree company
for binding takeover bids $ 3 000
to) for permission exceptions from the prohibition
acquire participating securities
target company after their
time binding takeover bids $ 3 000
l) of shortening or remission period
1 year, after which the ban on the make
Another takeover offer of CZK 3 000
m) on the issue of the decision, which will be
allowed to exercise the voting
the rights of the person who determined the share of
on the voting rights of the target
the company entered into as a result of
its own negotiations and could not reasonably
assume that it takes a decisive
share of the target company Czk 3 000
n) on the issue of the decision on the dissolution of
the tender obligation Czk 3 000
on the issue of the decision) that will be
allowed to exercise voting rights
the person who is in delay with the performance of
the tender obligation Czk 3 000
p) on the issue of prior consent of the
together with the above consideration
When you squeeze-out stock
securities admitted to trading
on a regulated market Czk 10 000
Exemption
1. the fees referred to in point 9 (a) of this item. and) to p) are exempted
the Bank, based in the Czech Republic, if the release of mortgage
bonds.
2. the fees referred to in point 9 (a) of this item. and) to p) is exempt
Czech Export Bank, a. s.
PART EIGHTEEN
To change insolvency law
Article. XXI
Law No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency
Act), as amended by Act No 312/2006 Coll., Act No. 108/2007 Coll., Act
No 296/2007 Coll., Act No. 362/2007 Coll., Act No. 301/2008 Coll., Act
No 458/2008 Coll., Act No. 7/2009 Coll., Act No. 163//2009 Coll., Act
No 217/2009 Coll., Act No. 227/2009 Coll., Act No. 285/2009 Coll., the award
The Constitutional Court declared under no 241/2010 Coll., the finding of the Constitutional Court
declared under the no 260/2010 Coll., Act No. 409/2010 Coll. and Act No.
69/2011 Coll., is hereby amended as follows:
1. In section 254, the words "or a stock market ' shall be deleted.
2. In paragraph 345. 1, the words "listed, under a special rule
code ^ 18) "shall be replaced by the words" to be admitted to trading on a regulated
^ 18) market ".
Footnote 18 is added:
"section 55, paragraph 18). 2 Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb. ".
PART OF THE NINETEENTH
The amendment to the law on takeover bids
Article. XXII
Act No. 104/2008 Coll., on takeover bids and change some other
laws, as amended by Act No 420/2009 Coll. and Act No 281/2009 Coll.,
amended as follows:
1. In article 1, the words "market in the Czech Republic" shall be replaced by the word "market" ^ 6) ".
Footnote 6 is added:
"6) section 55, paragraph. 1 of Act No. 256/2004 Coll., on business in the capital
market, as amended by Act No. 230/2008 Coll. ".
2. In section 2, paragraph 8 shall be deleted.
Paragraphs 9 to 11 shall be renumbered as paragraphs 8 to 10.
3. In section 5 (3). 1 the words "regulated market in one or in several
Member States, in addition to the Czech Republic "shall be replaced by the words" one or
more foreign regulated markets ^ 7) ".
Footnote 7 is added:
"7) § 55 paragraph. 3 of Act No. 256/2004 Coll., as amended by law no 230//2008
Coll. and Act No. 188/2011 Sb. ".
4. In section 5 (3). 2 (a). and), the words "in the Czech Republic" shall be deleted.
5. In section 5 (3). 2 (a). (b)) the introductory part of the provisions, the words
"regulated markets in more than one Member State including the Czech
of the Republic, unless they are admitted to ' shall be replaced by the words "more European
regulated markets ^ 8) including the regulated market, unless they are admitted to
also trading on the European ".
Footnote 8 is added:
"8) section 55, paragraph. 2 Act No. 256/2004 Coll., as amended by Act No. 230/2008
Coll. and Act No. 188/2011 Sb. ".
6. In section 5 (3). 2 (a). (b)) (2) the words "regulated markets in more
than one Member State including the Czech Republic "shall be replaced by the words" more
regulated European markets including the regulated market "and the words
"the regulated markets in the Member States" shall be replaced by the words
"these European regulated markets".
7. In section 10, paragraph 1. 1 (a). (h)), the word "mark" is the word
"European".
8. In section 13 (3). 4, the last sentence shall be replaced by the phrase "in the case of
the subject of takeover bids participating securities admitted to
trading on a foreign regulated market, discloses the bidding
document whether or not in the Member State in which the foreign market
organized, the way for the publication of an invitation to tender document
lays down the law of that Member State. '.
9. In section 17(2). 1 (a). e), the words "of the market, according to a special legal
Regulation ' shall be replaced by the word "market" ^ 9) "and the words" the public market of securities
"shall be replaced by the words" the European regulated market ".
Footnote 9 is added:
"9) § 3b of the paragraph. 4 Act No. 256/2004 Coll., as amended by law no 230//2008
Coll. and Act No. 188/2011 Sb. ".
10. In section 25, paragraph. 1, after the words "acceptance of the word" European ".
11. In section 25, paragraph. 2 and in section, paragraph 44. 1 (a). (c)), for the word "outside" is inserted
the word "European".
12. In section 27. 1, § 28, § 30 paragraph. 1 (a). (b)), § 32 paragraph. 1 sentence
third, section 43, paragraph. 3 and 44, paragraph in the section. 2 (a). (b)), after the word "on" is inserted
the word "European".
13. In section 30, paragraph. 1 (a). and), after the words "closed on" Word
"European".
14. Footnote 2 shall be deleted, and that including links to note
under the line.
15. In section 35, paragraph. 1 and § 49 paragraph. 1, after the words "trading"
the word "European".
16. In section 38, paragraph. 1 (a). and (2)), the words "the public market
the papers "shall be replaced by" the European regulated market ".
17. In section 38, paragraph. 1 (a). (b)), the words "special legislation"
replaced by the words "the law governing the capital market supervision".
18. In section 43, paragraph. 2, after the words "traded on" Word
"European".
19. In paragraph 44. 5, after the words "the resolution", the words "to establish
Another expert to handle the next valuation ".
20. In § 64 paragraph. 3, the first sentence shall be replaced by the phrase "the target company,
the participating securities are not admitted to trading on the European
regulated market in the State of its registered office and its participating securities
at the same time have been accepted for trading on more regulated European
markets, which the supervisory authority of the Member State to 20. June 2006
not that it is responsible for the supervision of takeover bids,
determine which of the supervisory authorities of the Member States in which they are
the European regulated markets organized, will be competent to exercise supervision
above the take-over bid. ".
21. In § 64 paragraph. 3 last sentence, after the words "the organizers"
the word "European".
PART TWENTY-
Amendment of the Act on Auditors
Article. XXIII
Act No. 93/2009 Coll. on Auditors and amendment to certain laws, as amended by
Act No. 227/2009 Coll., is hereby amended as follows:
1. In section 2 (a). m), the words "a regulated market of any Member
State of the European Union or "shall be replaced by the words" the European regulated market
or foreign market similar to the regulated market ".
2. In section 47, paragraph. 1, the words "in the Czech Republic" shall be deleted.
PART OF THE TWENTY-FIRST
Amendment of the Act on insurance
Article. XXIV
Act No. 277/2009 Coll., on insurance, as amended by law no 409/2010
Coll., is hereby amended as follows:
1. In section 70 paragraph. 1 (a). (c)), e) and (j)), the word "listed" be deleted and the
the end of the text of the letter c), (e)), and (j)), the following words "admitted to trading
on a regulated European market ^ 38) or the foreign market similar
the regulated market ".
Footnote No. 38:
"section 55, paragraph 38). 2 Act No. 256/2004 Coll., as amended by Act No. 230/2008
Coll. and Act No. 188/2011 Sb. ".
2. In section 70 paragraph. 1 (a). p) with the word "unquoted" be deleted and the end of the
the text of the letter shall be added the words ", which are not admitted to trading
on a regulated European market ^ 38) or the foreign market similar
the regulated market ".
3. In section 70 paragraph. 2 (a). and the words ") regulated market ^ 8) Member
States ' shall be replaced by the words "foreign market similar to the regulated market in
the Member States ".
4. In section 73, paragraph. 4 (b). (c)), the words "a regulated financial market"
replaced by the words "the European regulated market ^ 38) or the foreign market
similar to the regulated market ".
5. In section 128 paragraph. 6, the words "persons working for an insurance company, or
reinsurance undertaking "shall be replaced by the words" insurance or reinsurance undertakings or persons for
her acting ".
PART TWENTY-TWO
The EFFECTIVENESS of the
Article. XXV
This Act shall take effect on the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.