165/1998 Coll.
LAW
of 11 December 1997. June 1998,
amending Act No. 21/1992 Coll., on banks, as amended
regulations, and some other laws
Change: 254/2000 Coll.
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 21/1992 Coll., on banks, as amended by Act No. 265/1992 Coll.,
Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll.
Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.
Act No. 16/1998 Coll. and Act No. 125/1998 Coll., is amended as follows:
1. In article 1 (1). 1, the words "or State financial institution pursuant to this
the Act (section 36) "are deleted.
2. In section 1, paragraph 6, the following paragraph 7 is added:
"(7) the authorisation to operate as a bank may include defining the scope
permitted activities and establish the conditions which must be fulfilled before the Bank
the start of any of the approved activities, where appropriate, is to follow when
the performance of any of the permitted activities. ".
The present paragraph 7 shall become paragraph 8.
3. In section 4, paragraph 4. 1 the words "capital for public limited liability companies"
shall be deleted.
4. In section 4, paragraph 4. 2 the words "in agreement with the Ministry of finance" shall be replaced by
the words ', which shall seek the opinion of the Ministry before the decision
' and the second sentence shall be deleted.
5. In section 4, paragraph 4. 3 (b)):
"(b)), the technical competence and civic integrity of persons who are on the
the basis of the work, mandate or other agreement proposed in the Bank on
powerful control function, with which it is associated with power and responsibility
as defined by the statutes, (hereinafter referred to as "the head of the staff of the Bank"), ".
6. In section 4, the dot at the end of paragraph 3 is replaced by a comma and the following
the letter e), which reads as follows:
"e) competence of the founder with a share of 10% or more of the voting
the rights of the Bank to exercise the rights of a shareholder in the business of the Bank. ".
7. in paragraph 4, the following paragraph 4 is added:
"(4) the Czech National Bank is entitled to request a copy of the registration
Criminal records relating to natural persons, who are the founders of
the Bank or are proposed on the senior staff of the Bank. The person in the
past been convicted for an intentional criminal act shall act
as a senior employee of the Bank. ".
8. in § 5 para. 2 the words "in agreement with the Ministry of finance" shall be replaced by
the words ', which shall seek the opinion of the Ministry before the decision
the Treasury ".
9. in paragraph 7, the following paragraph 7a is inserted:
"§ 7a
(1) the authorisation to operate as a bank terminates on the date,
and which shall become final) decision to withdraw authorization to act as a
the Bank,
(b)) to which the Bank shall be deleted,
(c)) from which according to the decision of the general meeting, the Bank will continue to so far
not to perform activities that are subject to authorisation to act as a
the Bank,
(d) deletion from the commercial banks) register.
(2) the authorisation to operate as a Bank granted foreign bank for her
the branch also shall cease on the date on which the foreign bank shuts down
its branch in the territory of the Czech Republic, and on the date on which
a foreign bank may no longer be in the State of its registered office permission to act as a
Bank. ".
10. In § 8 para. 2, after the words "at least" three words "and
must be composed of the heads of the Bank's employees "and the second sentence shall be deleted.
11. In section 8 paragraph 3 reads:
"(3) a member of the Board of the Bank shall be the statutory
authority or a statutory body or a member of the supervisory board other
legal person, who is an entrepreneur. An employee of the Bank shall not be
a statutory body or a member of the statutory body of such legal
of the person. This does not apply for membership
and member of the Board of the Bank) in the statutory body or supervisory board
the Council of financial institutions under the control of the Bank, a legal person authorized to
organize the demand and offer of securities and the company subsidiary
banking services (§ 17a (5)),
(b)) employees in the statutory body undertaking ancillary banking
services or for the performance of the functions of the Board in this business. ".
12. In paragraph 8, the following paragraph 5 is added:
"(5) The Supervisory Board of the Bank shall be transmitted by the powers that
the commercial code confers on the Board of Directors of joint-stock companies ".
13. under section 8, the following paragraph 8a is inserted:
"§ 8a
Members of the statutory body of the Bank, who have violated their obligations under the
the title of Member of the Board of the Bank resulting from the laws for them
regulations or the articles of Association, shall be jointly and severally liable for the damage, which
incurred by the Bank's creditors as a result of violation of the obligations of the
members of the statutory body of the Bank is not able to carry out their due
obligations. ".
14. in § 9 para. 1 (b). (b)), and (c)), the word "workers" shall be replaced by
"employees".
15. in paragraph 11 of the present text shall become paragraph 1 and the following
paragraphs 2 to 4 shall be added:
"(2) in the information about the services that consist in taking over cash
funds from the client, it must be expressly indicated the relationship of this service to
deposit insurance.
(3) the Bank shall be obliged to disclose information on a quarterly basis on the composition of shareholders,
on its activities and financial indicators to the extent and in the manner prescribed
measures of the Czech National Bank. On its activities and financial indicators
is required to the extent and in the manner prescribed by the Czech national measures
inform the Bank branch of a foreign bank.
(4) the Bank and a branch of a foreign bank is required to lead the agenda of each
contracts concluded with the client in such a way that, at the request of the United
the National Bank has been able to produce without undue delay the competent
papers in the certified translation into the Czech language. ".
16. in section 12, the following new paragraphs 1 and 2 shall be added:
"(1) the Bank shall perform their activities proceed with caution,
in particular, make trades in a way that does not harm the interests of its
depositors in terms of return on their deposits and does not endanger the safety of the
and the stability of the banks.
(2) the Bank shall not conclude the contract at arm's length for
the Bank, especially those which commit the Bank to economically
the unjustified benefit or performance apparently mismatched provided
the consideration. A contract entered into in contravention of this provision are
invalid. ".
The present text becomes paragraph 3.
17. in article 16 paragraphs 1 and 2 shall be added:
"(1) the Bank is required to seek the prior approval of the Czech National Bank
and) to contract for the sale of the company or its parts,
(b)) to the annual general meeting of the Bank for cancellation,
(c)) to merge the Bank with zrušovanou Bank,
(d)) to reduce the share capital of the Bank, unless it is for a reduction of
the share capital of the Bank to cover the loss,
(e)) to the General Assembly resolution under section 7A(1). 1 (b). (c)).
The decision on the granting of prior consent in accordance with subparagraphs (b) and (c)))
The Czech National Bank before the decision shall seek the opinion of the Ministry of
finances. The legal acts and resolutions of the General Assembly made without the required
prior consent is invalid.
(2) the Bank is obliged to inform the Czech National Bank
and the intended change to the articles of Association) concerning the facts, which must be in
the articles listed on the basis of the request of the commercial code or the
the law,
(b)) about the personnel changes in the statutory body of the Bank and the
the heads of the Bank's employees, locations
(c)) of the intention to open a branch or representative office abroad
(d)) of the intention to establish a legal entity abroad or on it
the property involved. ".
18. in article 16, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
19. in paragraph 17, the following paragraph 4 is added:
"(4) the Bank shall be obliged to notify the Czech National Bank, without undue
delay the acquisition of qualifying holding on to a legal person ".
20. in section 18 para. 2, after the word "credit" the words "or to ensure the
the commitments ".
21. in article 18, the following paragraph 3, including the footnotes.
4B):
"(3) the provisions of the commercial code on conflict of interest governing the
the provision of grants, loans and securing obligations joint stock company ^ 4b)
the Bank does not apply.
4B) § 161e, 161f 196a of the commercial code and ".
22. in section 19 para. 1 (b). a), the words "the directors of the Bank" shall be replaced by
"the head of the staff of the Bank".
23. in section 19 para. 1 (b). (d)), the words "the directors of the Bank" shall be replaced by
"the head of the Bank's employees".
24. in section 19 para. at the end of paragraph 1, the period is replaced by a comma and
the following point (h)), which read as follows:
"h) legal entities over which it has control of the Bank.".
25. in section 19 paragraph 2, including footnote No. 5b):
"(2) the main shareholders are persons who have themselves or on the basis of
concerted practices ^ 5b) with another person, a qualifying holding in the Bank.
5B) joining the commercial code. ".
26. in paragraph 19 (a), the following paragraph 4 is added:
"(4) the provisions of paragraphs 1 to 3 shall also apply to foreign branch
Bank. ".
27. In article 19b, the following paragraph 7 is added:
"(7) the provisions of paragraphs 1 to 6 shall also apply to foreign branch
Bank. ".
28. section 20 reads as follows:
"section 20
(1) the Bank may issue shares to which voting rights, is only
as book-entry shares.
(2) in addition to the shares, which carry the right to vote, they can be the Bank
issued preferred shares. With those shares, however, not voting
the right, even in cases where the commercial code provides otherwise.
(3) a legal or natural person who intends to acquire a direct or
indirect share of the Bank, which represents at least 10%, 20%, 33% or
50% of the voting rights, or to increase your direct or indirect share so,
that reaches or exceeds these limits, is required to request the previous
the agreement of the Czech National Bank. The same obligation to (i) persons acting
in line 5b) sets out the requirements for an application by a decree of the Czech National Bank.
(4) the person who has cut its stake in the Bank, which represented more
than 50%, 33%, 20% or 10% of the voting rights, under these limits, it is
obliged to notify this fact to the Czech National Bank. The same
the obligation of notification has a group of persons acting in concert. 5b)
The notice provides the details to the Czech National Bank by Decree.
(5) in cases where the limits are exceeded, referred to in paragraph 3 in the
as a result of the transition law is the person whose share is bound to this
immediately notify the Czech National Bank.
(6) in proceedings for the authorization referred to in paragraph 3, the applicant is assessed Similarly
as the founder of the banks in the authorization to operate as a bank.
(7) the consent referred to in paragraph 3 can be used in cases of particular interest
of grant.
(8) the acquisition of shares in contravention of the provisions of paragraph 3 does not result in
an invalid legal act. ".
29. under section 20, the following new section 20a and 20b, including notes below
line no. 4 c) shall be added:
"section 20a
(1) in cases where the share of the Bank was acquired without the prior consent of the
The Czech National Bank pursuant to section 20 (2). 3 and has not been granted consent pursuant to section
20 (2). 7, and in cases where the action of the owners of shares with
voting right is prejudicial to the proper and prudent business bank,
where appropriate, such action may reasonably be expected, shareholders United
National Bank in the administrative procedure to suspend holding of shares in the exercise of these
shareholder's rights:
and) participate in and vote at the general meeting,
(b)) request the convening of extraordinary general meeting
c) petition the Court to determine the invalidity of the resolution of the general meeting.
You can only suspend the performance of all those rights. Appeal
the resource against the decision to suspend shareholder rights has
suspensory effect.
(2) the Bank shall be obliged to submit to the Czech National Bank statement from the registry
the issuer of uncertificated shares acquired at the date of the 7 days preceding the
the date of the meeting. Extract from the register of the issuer shall be the Bank
delivered to the Czech National Bank on the same day, when it was taken. Czech national
the Bank adopts the list of the shareholders listed in the excerpt from the register of the issuer
or marks without undue delay the shareholder, which has previously been
suspended their shareholder rights, or that the newly-found a reason
for the suspension of the shareholder's rights, and a listing of the Bank in the latest returns
day preceding the meeting.
(3) the Bank shall not at the General Assembly admit the participation of the person indicated by the Czech
National Bank statement from the issuer's register referred to in paragraph 2, as well as
the participation of persons not listed in the excerpt from the register of the issuer, or the persons
persons authorised. If the Czech National Bank designates the persons
which the newly found the reason for the suspension of the shareholder's rights, it is the
initiated administrative proceedings referred to in paragraph 1 and the labelling of these people has
effects of preliminary measures. 11)
(4) without the written observations of the Czech National Bank to list from the registry
the issuer, the Bank's general meeting may not take place.
(5) the Czech National Bank may propose that the Court had pronounced the nullity of
resolution of the general meeting of the Bank, if it is in conflict with the law
or the statutes.
(6) shares, whose owner has been suspended after shareholder rights,
the time that is still held by the owner, not considered to be stocks with
the right to vote. The resulting increase in the share of the other shareholders
voting rights are not covered by the obligation to request previous
consent of the Czech National Bank pursuant to § 20 paragraph 1. 3 of this Act.
(7) at the request of Česká národní banka's securities Centre
required, as well as other persons authorized to engage in activities
conferred on the special law ^ 4 c) Centre of the securities at any time
to provide the Czech National Bank statement from the issuer's register, which is
the Bank.
section 20b
(1) the banks on the territory of the United States transferred money to each other
resources in the Czech currency under individual items created on the
following the instructions of its clients exclusively through technical
system for the interbank payment system, which is operated by the Czech national
the Bank. For this purpose, the Czech National Bank leads each bank account
inter-bank payment in Czech Crowns. Interbank account
payments cannot be subject to enforcement or
the preliminary measures. Banks in the Czech Republic can be mutually
set up accounts in Czech currency in accordance with the Decree of the Czech National Bank.
(2) if the Bank did not use the nezúčtovala amount or bank account details in the
accordance with the command of the client and caused by an error in the showdown, it is
shall it repaired its settlement. This Bank is required without
delay transferred to the account of the authorized recipient of funds in
the correct amounts and interest arising from the Treaty during the period with them could not
to dispose of. If the unauthorized recipient account erroneously cleared payment
other Bank, is Bank, which caused the error, shall be entitled to give that bank
impetus to the debiting of his account, within 3 months of the emergence of errors
in the showdown.
(3) the Bank that the account is unauthorized recipient incorrectly cleared
payment is in compliance with the principles laid down in paragraph 2, shall be entitled to
to write off the amount from his account of the amending of clearing and recalculate
interest on the funds so that the account was caught by the State, as
would incorrectly posted payment received; If the error was in the reckoning
caused by another bank, is required to write off the money from his
account on the initiative of the Bank, and issue is that Bank.
(4) the Provisions of settlement shall be payable by the tax administrator accounts is excluded; the Bank,
that caused an error in clearing, requests the reimbursement of the amount of the relevant
the tax administrator.
(5) the technical procedures for banks in the settlement provides for the appeal and the Czech national
Bank by Decree.
(6) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis to branches
foreign banks.
4 c) Act No. 586/1992 Coll., of the Securities Act, as amended
regulations. ".
30. in paragraph 21, the following paragraph 3 is added:
"(3) the Bank and a branch of a foreign bank is required to register under the
accounting separately trades on the client's account and the bank account stores
or a foreign bank. Evidence of the underlying stores are banks and
branches of foreign banks are required to retain, for a period of at least 10 years. ".
31. in section 22 paragraph 5 is added:
"(5) the person responsible for the internal control of the Bank, a child of the statutory
the authority may, with his knowledge, if necessary, to give impetus to the extraordinary
meetings of the Supervisory Board and to inform it of any evidence. "
32. In section 22, the following paragraphs 6 and 7 are added:
"(6) with the knowledge of the bank informs the auditor without undue delay, the Czech
National Bank of serious facts, which could adversely
affect the management of the Bank.
(7) the obligations referred to in paragraphs 1 to 6 shall apply mutatis mutandis to branches
foreign banks. "
33. In paragraph 23 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) Alternatively, a loss in the current year, the Bank, the general meeting shall
decide on the approval of the financial statements of the Bank for the year of payment
This loss of the Bank's own resources. ".
34. In article 24, paragraph 1 shall be deleted.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
35. In section 26 para. 1 at the end of subparagraph (a)) the following text:
"she changed the members of the Supervisory Board of the Bank or to use profit after tax
preferably to replenish reservních funds or to increase the basic
a fortune ".
36. In § 26 para. 1, point (b)) the following new point (c)), which read as follows:
"(c) an extraordinary audit) required at the expense of banks or branches of foreign
the Bank ".
Subparagraph (c)) to e) shall become letters (d)) to (f)).
37. In section 26 para. 2 in the first sentence of the letter "e)" shall be replaced by the letter
"(f))," and in the sentence of the second subparagraph "c) ' is replaced by the letter" d ").
38. In section 26 para. 4, after the words "the end of the Administration," the words
"the extraordinary audit regulation".
39. In § 26 para. 10 the letter ' (d)) "is replaced by the letter" e ") and the words" §
2 or "shall be deleted.
40. In paragraph 26, in paragraphs 11 and 12, the letter ' (d)) "shall be replaced by the letter
"e)".
41. under section 26 the following new section 26a and 26b, which including notes below
line # 6a):
"§ 26a
(1) if the Czech National Bank, the ratio of capital to risk-weighted
the assets of the Bank is less than two-thirds of the ratio set by the Czech
National Bank, ^ 6a) saves the Bank during the administrative procedure, one or more of the
the following corrective action:
and to increase the share capital), to produce the capital ratio to risk-
weighted assets as determined by the Czech National Bank, ^ 6a)
(b)) take only assets with a risk weight lower than 100%, ^ 6a)
(c)) do not get no share of the equity and voting rights in the
any legal person, with the exception of contracts concluded prior to the imposition of this
the measures, nezaložit, or any other legal person obtains or
its business unit,
(d) not to grant any loan to a person) with a special relationship to a bank
(e)) not to disclose any interest rates for deposits in excess of the current normal
interest rates on deposits of comparable amounts and with comparable
maturity, as the Czech National Bank are identified.
(2) in parallel with the measures referred to in paragraph 1, the Czech National Bank
to apply remedial measures and penalties pursuant to section 26 paragraph 1. 1.
section 26b
In the case that the statutory authority or the Supervisory Board finds that the Bank is
or becomes insolvent or that the Bank incurred or
You may incur losses, which have caused or may cause
the decline in the ratio of capital to risk-weighted assets under two-thirds of the
the ratio set by the Czech National Bank, ^ 6a) shall inform the
the Czech National Bank without delay.
6a) measures of Česká národní banka No 3 of 5 January. October 1995 on capital
the adequacy of the bank, announced in the amount of 72/1995 Coll. in the wording of the measure
The Czech National Bank no. 4 of 4 February. July 1996 the amount notified in
61/1996 Coll. ".
42. In section 27 (d)) shall be deleted.
43. In paragraph 27 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3, including footnote No. 6b):
"(2) the costs associated with the performance of the administration are paid from the assets of
the Bank and are a load of banks on achieving, maintaining and securing income for
the purpose of corporate income tax by a special Act. ^ 6b)
(3) if required by the law to the general meeting was witnessed by
the notary's registration, shall be the decision of the administrator in the form of such things
a notarial act.
6B) Act No. 586/1992 Coll., on income taxes, as amended
regulations. ".
44. In § 28 paragraph 2 reads as follows:
"(2) the administrator is authorized to hire for the performance of the Administration in the Bank for more
the person with the exception of persons who have a special relationship to the Bank in accordance with § 19
of this Act. For the performance of the administration shall not be přibrány persons
they are in the position of the debtor to the Bank, or that are paid
relative to the other Bank. Přibrané a person shall be entitled to review the
matters that are in the appropriate bank subject to Bank
secret. They are also required to maintain about these things
confidentiality. ".
45. In section 29 para. 2, in the first sentence, the words "with the exception of the decision on the
the cancellation of the Bank "shall be deleted and in paragraph 3, the words" in agreement with the
The Ministry of finance "shall be replaced by the words ', which shall seek the opinion of the
The Ministry of finance ".
46. In article 29, paragraph 4, including footnote 7) is repealed.
The present paragraph 5 shall become paragraph 4.
47. In section 29 para. 4, after the word "design", the words "on the settlement
or ".
48. section 30 reads:
"section 30
Administration may introduce the Czech National Bank in circumstances where
weaknesses in the Bank's activities threaten the stability of the banking system and
shareholders not done the necessary steps to remedy these shortcomings. To
the introduction of the Administration's opinion requested by the Czech National Bank
The Ministry of finance. "
49. In paragraph 31 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the Court entered in the commercial register on a proposal from the Czech National Bank
Administration and further appeal and appointing a new Manager
administrator.
(3) the Court is obliged to decide within 3 days from the delivery of the proposals of the administrator
for registration in the commercial register. ".
50. in § 34 paragraph 1. 1, the words "in agreement with the Ministry of finance"
replaced by, which shall seek the opinion of the Ministry of finance ".
51. In article 34 paragraph 2 reads as follows:
"(2) the authorisation to operate as a bank may be withdrawn if the
and the Bank did not initiate activities to) 12 months from the date of grant of authorisation
to act as a Bank, or if for a period of 6 months does not accept deposits from
to the public,
b) authorisation as a Bank have been obtained on the basis of an assertion
the information provided in the application. ".
52. In paragraph 34, the following paragraph 3 is added:
"(3) the Czech National Bank is obliged to withdraw the authorisation to act as a
the Bank, if it finds that the ratio of capital to risk-weighted assets
the Bank is less than one third of the proportion set by the Czech national
Bank. 6a) ".
53. Part seven including the title reads as follows:
"PART SEVEN
THE LIQUIDATION OF THE BANK
section 36
(1) if the Bank is deleted with the liquidation, a proposal for the appointment of a liquidator
may be made only by the Czech National Bank. The Czech National Bank serves only
whether or not a proposal for the appointment of a liquidator and the appeal of the new liquidator and
application for annulment of the joint stock company, was withdrawn the authorisation to the Bank
to act as a bank. The Court decides on the proposal of the Czech National Bank to 24
hours from the submission of the proposal.
(2) the liquidator may be a natural or legal person. The provisions of § 71
paragraph. 1 the last sentence of the commercial code shall not apply. The liquidator
must not be a person who has or had a special relationship with the Bank, which was
or is the auditor of the Bank or in any way on the audit of the Bank
participated.
(3) a natural person, that when you dispose of them with the data bank on
which were covered by banking secrecy, are required to maintain
confidentiality pursuant to § 39 of this Act apply mutatis mutandis.
(4) the liquidator shall submit to the Czech National Bank without undue delay
the financial statements and the documents processed in the course of the liquidation in accordance with the
the commercial code.
(5) the liquidator is obliged to submit to the Court to determine the invalidity of the
the legal acts on behalf of the Bank in contravention of the provisions of section 12 of the
paragraph. 2 during the 12 months before the date on which the authorisation has been withdrawn
to act as a bank. Provided on the basis of contracts declared
a court annulment must be returned to liquidation. ".
54. In § 38 paragraph 1(a). 3, in paragraph (d)) after the word "Finance" the words "and
Securities and Exchange Commission ".
55. In § 38 paragraph 1(a). 5, the words "paragraph 4" are deleted.
56. In § 38 paragraph 1(a). 7, the word "and" shall be replaced by the word "to".
57. In paragraph 38, the following paragraph 8 and 9 shall be added:
"(8) if the client gets into arrears with financial performance of the Bank
For more than 60 days or violates its obligations to the Bank agreed
in the contract or provided for by law, restricts the Bank's obligation to
to maintain banking secrecy so that the Bank may inform other banks
or third parties or the public about the breach of the contract by the client, and
may contain only the name of the client, and the designation of the broken obligations.
(9) the application of this law, the Bank, the client can prevent this from occurring, that within 30 days
from the breach of their obligations to the Bank with the Bank shall conclude an agreement on the
remedy the situation. The Bank is not obliged to accede to the agreement. If within this period
the deal does not close or subsequently fails to meet the agreement, the Bank may without
the next exercise their rights pursuant to paragraph 8. The client may options
This paragraph to take advantage of the law only once in a calendar year. ".
58. under section 38 shall be added to § 38a is inserted:
"§ 38a
(1) the Bank may notify each other of the Bank,
the identification data of the holders of the accounts, and matters that
tell us about the credibility and the trust of their clients, even
through a legal entity that is not a bank. Property interest in
the legal person may only have banks that are obliged to
to ensure that this legal person will maintain the data obtained in
secret and to protect them from misuse. The Bank is obliged to
information about the clients other banks accessed as if they were data on the
of its own clients.
(2) the client has the right to get acquainted with the information that is held about him
in the database, as they relate to the person or the legal entity,
He represents. For the payment of the cost in kind has the right to acquisition of
the statement.
(3) the notice of the Bank on suspicion that the crime was committed, or
the offense, made by the public prosecutor, the police or other competent
authorities, cannot be considered as a violation of the provisions of § 38. ".
59. In § 39 para. 1 the words "§ 38 paragraph 1(a). 2, 3 and 4 "shall be replaced by the words" § 38
paragraph. 2, 3 and 6 ".
60. in paragraph 2 of section 40. 2 the words "in agreement with the Ministry of finance"
replaced by the words "which shall seek the opinion of the Ministry of finance".
61. In section 40 para. 3, after the words "to act as a Bank," the words
"or a request to change the license to operate as a Bank decides to".
62. In paragraph 40, the following paragraph 4 is added:
"(4) in proceedings for the grant of authorisation to act as a Bank, and in proceedings on the
consent pursuant to section 20 (2). 3 this Act may the Czech national
the Bank shall request the necessary information about participants from the relevant management
authorities. ".
63. In § 41 para. 1, the second sentence is replaced by the following:
"The degradation of the Czech National Bank against the decision made after the request
opinions of the Ministry of Finance of the Czech National Bank Board decides
the Bank, which shall seek the opinion of the Minister of finance. ".
64. In the ninth in the title the words "natural persons" shall be deleted.
65. In paragraph 41a para. 3 the words "natural persons" shall be deleted.
66. In section 41a of paragraph 1. 5, the words "which are only natural persons"
shall be deleted.
67. In section 41b for paragraph 3, the following paragraph 4 is added:
"(4) if any of the members of the Board terminates the membership on the Board
before the expiry of their term of Office, is appointed in his place a new
Member of the Board whose term of Office will expire on the same date, to
that ended the term of his predecessor. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
68. In article 41 c of paragraph 1 shall be inserted, as follows:
"(1) the Insured deposits are deposits, including interest,
and individuals held in) Czech Crowns to the FirstName, LastName, address
and date of birth or social security number, if applicable, identification of the depositor
the number,
(b)) legal persons held in Czech Crowns to the business name or
the name of a legal person, its seat, and also for domestic legal entities
identification number, with the exception of deposits of banks, branches of foreign banks
and financial institutions. ".
Paragraphs 1, 2 and 3 shall become paragraphs 2, 3 and 4.
69. In article 41 c of paragraph 1. 2 the words "deposits of natural persons registered in the Czech
the crowns of the first name, surname, address and date of birth of the depositor (hereinafter
"insured deposits") "shall be replaced by the words" insured deposits. "
70. In paragraph 41 c paragraph 3 is added:
"(3) the annual contribution of the building society to the Fund shall be 0.1% of the average
volume of insured deposits for the previous year, including interest, on which
building savings participant was eligible in the previous year. The average
the volume of insured deposits, according to the building society calculates
quarterly State insured deposits in the preceding year, without counting
State support. ".
71. In section 41e para. 2 the words "80%" shall be replaced by "90%" and the words "300
USD "shall be replaced by the words" 400 000 Eur ".
72. In section 41f para. 1, the words "for the purposes of this Act, be deemed to
deposits of natural persons "shall be replaced by" are insured by deposit with the
special regime ".
73. In section 41f para. 2 the word "physical" is replaced by "more".
74. In paragraph 41, the following paragraphs 3 to 6 shall be added:
"(3) To provide compensation for the deposit of the Fund shall not be entitled
and the person to whom their) crime for which the Court in the
criminal proceedings has been finally convicted, partially or completely caused
the inability of the Bank to meet its obligations in question,
(b)) persons having a special relationship to the bank concerned, with the exception of persons
referred to in § 7 para. 1 (b). (e)),
(c)) owners of deposits arising in connection with the legalisation of the proceeds from
crime for which the Court in the criminal proceedings, the judicial
doomed.
(4) the Fund will suspend payment of compensation for the deposit to the persons referred to in paragraph
3 (b). and) during the criminal proceedings instituted against such persons in
connection with their criminal activities, which may be related to
the inability of the Bank to meet its obligations. In addition, the Fund will suspend payment of
refunds for those deposits, which is obvious from the course of criminal proceedings, that
as for the deposits within the meaning of paragraph 3 (b). (c)).
(5) the obligation to pay a contribution to the Fund from deposits of persons referred to in
paragraph 3 remains intact.
(6) for the purposes of calculating the amount to be paid from the Fund to the depositor,
not be admissible to the gains insured deposits, which occurs in the
the basis of vnitrobankovního transfer between accounts maintained at the same
the Bank after the date of the Bank because of insolvency has stopped
settle your obligations. ".
Article II
cancelled
Article. (III)
cancelled
Article IV
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. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 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. 114/1994 Coll., Act No. 152/1994
Coll., 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., Constitutional Court No. 31/1996 Coll., Act No. 142/1996 Coll.,
Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act
No. 227/1997 Coll., Act No. 15/1998 Coll. and Act No. 91/1998 Coll., is amended
as follows:
1. In paragraph 274, the following letter a), which reads as follows:
"and the Court on the sale) resolution of the pledge,".
2. In paragraph 372, the words "ask the Court to execute the sale of collateral, the"
replaced by the words "in the Court to propose the sale of collateral, the" and the word
"the things" shall be supplemented with the following words: "or the sale of real estate".
Article. In
cancelled
Čl.VI
Transitional provisions
1. the Bank, which has issued their shares, which carry the voting
the right, exclusively in book-entry form, is required to include the form of its
shares in accordance with the requirement of section 20 of Act No. 21/1992 Coll., on banks, in
the text of this Act, within one year from the date of entry into force of
of this Act.
2. The one who has the effective date of this Act, a qualifying holding in the
the Bank is obliged to notify this fact to the Czech National Bank, the
one month from the date of entry into force of this Act.
3. State financial institutions incurred prior to the effective date of this Act shall be
pending the adoption of such a law, but within 3 years from the date of acquisition
the effectiveness of this law, governed by existing regulations.
4. The composition of the Board of the Bank must be brought into line with
the requirement under section 8 (2). 2 of law No 21/1992 Coll., on banks, as amended by
This Act, within one year from the date of entry into force of this
the law.
Article. (VII)
The President of the Chamber of deputies to ratify, in the collection of laws of the United
Republic declared the full text of Act No. 21/1992 Coll., on banks, as
It follows the laws of it changing.
Article. (VIII)
This Act shall take effect on 1 January 2000. September 1998.
Zeman in r.
Havel, v. r.
Tošovský in r.
